The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) Regulations 2020

Welsh Statutory Instruments

2020 No. 752 (W. 169)

Public Health, Wales

The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) Regulations 2020

Approved by Senedd Cymru

Made

at 1.55 p.m. on 17 July 2020

Laid before Senedd Cymru

at 3.30 p.m. on 17 July 2020

Coming into force

20th July 2020

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3)(c), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984(1).

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.

The Welsh Ministers consider that the amendments made by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 45R of that Act the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, Senedd Cymru.

Title and coming into force

1.  The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) Regulations 2020 and they come into force on 20 July 2020.

Amendment of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020

2.—(1) The Health Protection (Coronavirus Restrictions) (No.2) (Wales) Regulations 2020(2) are amended as follows.

(2) In regulation 14(2) after paragraph (h) insert—

“(ha) attend a place of worship;”

(3) In Schedule 2 omit paragraphs 16 and 17.

(4) In Schedule 4 insert—

“25.   Funfairs.

26.   Playgrounds and outdoor gyms.”.

Savings for offences and penalties in relation to prior acts

3.  Regulations 20 and 21 of the Health Protection (Coronavirus Restrictions) (No.2) (Wales) Regulations 2020 continue to have effect in relation to any offence committed, or reasonably believed to have been committed, before these Regulations came into force as if the amendments set out in regulation 2 had not been made.

Mark Drakeford

First Minister, one of the Welsh Ministers

At 1.55 p.m. on 17 July 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 2A of the Public Health (Control of Disease) Act 1984 enables the Welsh Ministers, by regulations, to make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Wales.

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.

Regulation 2 of these Regulations amends the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 (the “principal Regulations”).

The amendments consist of provision—

(a) enabling funfairs, outdoor playgrounds and outdoor gyms to open, but those responsible for these premises must take all reasonable measures under regulation 12 of the principal Regulations to minimise the risk of exposure to coronavirus on the premises;

(b) clarifying that persons who attend a place of worship have a reasonable excuse to gather (again in accordance with the requirements of regulation 12).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely cost and benefit of complying with these Regulations.

(1)

1984 c. 22. Sections 45C, 45F and 45P were inserted by section 129 of the Health and Social Care Act 2008 (c. 14). The functions under these sections are conferred on “the appropriate Minister”. Under section 45T(6) of the 1984 Act the appropriate Minister, as respects Wales, is the Welsh Ministers.

(2)

S.I. 2020/725 (W. 163).