The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021

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”).

The Regulations amend Schedule 1 to the principal Regulations (which sets out the restrictions and requirements that currently have effect in Wales as an Alert Level 1 area) to—

• allow any 6 persons, or the members of no more than 2 households, to gather indoors in private dwellings and holiday or travel accommodation, even if those persons aren’t members of the same extended household (and in determining the number of persons gathering, no account is to be taken of children under 11 and the carers of persons gathering);

• remove the previous limit of 30 on the number of people that are allowed to gather outdoors (but persons responsible for regulated premises outdoors must still comply with regulation 16 of the principal Regulations by taking all reasonable measures, based on a risk assessment, to minimise the risk of exposure to coronavirus at the premises);

• allow indoor regulated events to be organised, provided that no more than 1,000 (where every person attending is normally seated) or 200 (for other events) people attend at any time;

• removing the restriction on people gathering at a regulated gathering or event held indoors (but again, the person responsible for the premises must comply with the maximum number that can attend and regulation 16 of the principal Regulations, including taking all reasonable measures, based on a risk assessment, to ensure that a distance of 2 metres is maintained between people on the premises, apart from between members of groups of up to 6 people that are gathering together at the event or members of the same household);

• allow up to 30 children (of any age) to gather at holiday or travel accommodation (for example, for overnight stays) where the gathering is related to a regulated gathering for the development or well-being of children, such as those provided for children outside of school hours and during school holidays at places such as outdoor education centres, or is related to a gathering at which the children are participating for the purpose of accessing or receiving education;

• remove the previous limit (of 4,000 or 10,000 people) on the number of people that may attend outdoor regulated events at any time (but event capacities will need to continue to be set in light of the reasonable measures to be taken, based on a risk assessment, under regulation 16 of the principal Regulations);

• allow ice skating rinks to open.

The Regulations also amend regulations 16 and 17 of the principal Regulations.

The amendments to regulation 16 provide that a person responsible for regulated premises must provide information to persons working at the premises about the assessment of the risk of exposure to coronavirus and the measures to be taken to minimise the risk. They also provide that the specific requirement to take all reasonable measures to ensure that a distance of 2 metres is maintained between people on premises now only applies to indoor premises (but there is still a duty to take reasonable measures to mitigate risks at outdoor premises, which can include limiting close physical interaction between people on the premises).

The amendments to regulation 17 provide that persons attending regulated gatherings or events at licensed premises are not required to be seated when consuming food or drink.

The Regulations also make other minor amendments, including amendments that are consequential on the amendments set out above.

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.