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.
These Regulations amend the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 (S.I. 2020/1609 (W. 335)) (“the principal Regulations”) as follows.
- The period during which the temporary provisions in Schedule 3A apply (in transition from Alert Level 4 to Alert Level 3) is extended to the end of the day on 2 May 2021.
- The restriction on people gathering when work is carried out in people’s homes, for example by tradespeople, is clarified by providing that at Alert Levels 1, 2 and 3 (and in the transitional period that applies at present) this is allowed without it needing to be “reasonably necessary” and without there needing to be “no reasonable alternative”.
- The general restrictions on gathering with others outdoors are relaxed by removing the requirement that those gathering can only come from two different households. This means that any 6 people can now gather outdoors, not including children under 11 (so long as they don’t come from more than 6 households) or carers. This change takes effect on 24 April 2021 and will apply also at Alert Level 3.
- In addition people may gather outdoors for the purposes of participating in formally organised activities involving up to 30 people (this involves a designated person being responsible for the activity, all reasonable measures being taken to minimise the spread of coronavirus while undertaking the activity and no consumption of alcohol). This change has effect from 26 April 2021.
- Formally organised activities can include protesting and picketing, which can take place without a limit on the number of people present at all Alert Levels apart from Alert Level 4.
- Specific provision is made to allow gatherings outdoors, of up to 30 people, to celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020. And, similarly, outdoor gatherings of up to 30 people are allowed to celebrate the life of a deceased person whose funeral is held on or after 26 March 2020. This change has effect from 26 April 2021.
- Certain businesses will be allowed to reopen their premises for outdoor activities. This includes food and drink businesses, visitor attractions and swimming pools. This change has effect from the start of the day on 26 April 2021, except for food and drink businesses which may open from 6 a.m. onwards that day.
- Organising “pilot” events is allowed with the permission of the Welsh Ministers. This is also to apply at Alert Level 3 (and was already allowed at Alert Levels 2 and 1).
- Amendments are also made to Schedules 1, 2 and 3 (the Schedules that apply at Alert Levels 1, 2 and 3). These are to reflect the content of the Coronavirus Control Plan published by the Welsh Government in March 2021 and other minor changes made to the restrictions during the period of transition from Alert Level 4 to Alert Level 3 that are intended to continue to have effect at the other Alert Levels. In consequence of this and other amendments referred to above, Schedule 3 is reproduced in full.
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.