The Public Health (Protection from Eviction) (No. 2) (Wales) (Coronavirus) Regulations 2021
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 restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
Title, commencement, application and interpretation1.
(1)
The title of these Regulations is the Public Health (Protection from Eviction) (No. 2) (Wales) (Coronavirus) Regulations 2021.
(2)
These Regulations come into force on 1 April 2021.
(3)
These Regulations apply in relation to Wales.
(4)
Residential tenancies (protection from eviction)2.
(1)
Subject to paragraphs (2) and (3), no person may attend at a dwelling-house for the purpose of—
(a)
executing a writ or warrant of possession,
(b)
executing a writ or warrant of restitution, or
(c)
delivering a notice of eviction.
(2)
Paragraph (1) does not apply where the court is satisfied that the writ, warrant or notice relates to an order for possession made—
(a)
(b)
(c)
(d)
(e)
(f)
wholly or partly under Case 2 of Schedule 15 (ground for possession of dwelling-houses let on or subject to protected or statutory tenancies) to the Rent Act 1977.
(3)
Where paragraph (2)(e) applies, the person attending at the dwelling-house must take reasonable steps to satisfy themselves that the dwelling-house is unoccupied before carrying out those matters set out in paragraph (1)(a), (b) or (c).
Review and expiry3.
(1)
The Welsh Ministers must review the need for the restrictions and requirements imposed by these Regulations, and whether those restrictions are proportionate to what the Welsh Ministers seek to achieve by them—
(a)
at least once in the period from 1 April 2021 to 23 April 2021;
(b)
at least once in each subsequent period of 21 days.
(2)
These Regulations expire at the end of the day on 30 June 2021.
Section 45C of the Public Health (Control of Disease) Act 1984 enables the Welsh Ministers as “the appropriate Minister”, 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.
These Regulations re-enact the Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2021 which expire on 31 March 2021.
These Regulations come into force on 1 April 2021 and expire at the end of the day on 30 June 2021. Regulation 3 provides that the Regulations must be reviewed regularly to ensure the restrictions and requirements imposed remain proportionate.
These Regulations prevent, except in specified circumstances, attendance at a dwelling-house for the purpose of executing a writ or warrant of possession, executing a writ or warrant of restitution or delivering a notice of eviction.
The specified circumstances are where the court is satisfied that: the claim is against trespassers who are persons unknown; or where it was made wholly or partly on the grounds of domestic violence, serious offences, anti-social behaviour, or nuisance; or, in cases where the person attending is satisfied that the dwelling-house is unoccupied at the time of attendance and the possession order was made wholly or partly on the grounds of the death of the occupant.
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.