User:Mustwinfull/The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020
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| Statutory Instrument | |
 | |
| Citation | 2020 No. 1609 (W. 335) |
|---|---|
| Introduced by | Mark Drakeford, First Minister of Wales |
| Territorial extent | Wales |
| Dates | |
| Made | 18 December 2020 |
| Laid before Parliament | 18 December 2020 |
| Commencement | 20 December 2020 |
| Other legislation | |
| Repeals/revokes | The Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 |
| Made under | Public Health (Control of Disease) Act 1984 |
Status: Current legislation | |
| Text of the Mustwinfull/The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 (SI 2020/1609) is a Welsh emergency statutory instrument that replaced the post-firebreak restrictions from 20 December 2020. It introduced a system of 4 Alert Levels in Wales for the first time, similar to the Tier system in England and Scotland. The Welsh national lockdown beginning on 21 December 2020 was introduced under these Regulations.
Context and earlier regulations[edit]
The (Coronavirus Restrictions) Regulations were made in March to govern the Welsh national lockdown.
The (No. 2) Regulations were made in July to create a new set of Regulations that had not been amended many times. These were in place between July and October 2020, before being revoked by the (No. 3) Regulations. The local restrictions introduced in Wales from September 2020 were introduced in Schedules of the (No. 2) Regulations, with more and more areas of Wales gradually being added until the firebreak lockdown was introduced.
The (No. 3) regulations governed the firebreak lockdown restrictions, and were revoked at the end of the firebreak lockdown.
The (No. 4) regulations governed the COVID-19 restrictions between the end of the Welsh firebreak lockdown and the start of the third lockdown in December. These were revoked by the new (No. 5) Regulations.
Legal basis[edit]
The regulations were made on 18 December 2020 by Mark Drakeford under the Public Health (Control of Disease) Act 1984 to respond to "the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coroanvirus 2 (SARS-CoV-2) in Wales."
This is the same Act that governs the Coronavirus regulations in England, the Act giving the same powers to the "Welsh Ministers" for Wales to make regulations as the Secretary of State for England.
Current local authority areas within each Alert Level[edit]
| In effect | Area | Ref | ||
|---|---|---|---|---|
|
20 December 2020
(amnd. ) |
No areas are currently in Alert Level 1. | ||
|
20 December 2020
(amnd. ) |
No areas are currently in Alert Level 2. | ||
|
20 December 2020
(amnd. ) |
No areas are currently in Alert Level 3. | ||
|
20 December 2020
(amnd. ) |
Every area of Wales
|
Restrictions on gatherings, all Alert Levels[edit]
In all Alert Levels, gatherings are restricted by size. In the spaces listed, the only permitted gatherings are as follows unless one of the exceptions applies:
| Space | Alert Level 1 | Alert Level 2 | Alert Level 3 | Alert Level 4 |
|---|---|---|---|---|
| Private dwelling
(indoors) |
Up to 6 | None permitted | None permitted | None permitted |
| Other private
indoor space |
Up to 6 | Up to 4 | Up to 4 | None permitted |
| Private dwelling
(outdoors, e.g. garden) |
Up to 6 | Up to 4 | None permitted | None permitted |
| Private outdoor
space |
Up to 6 | Up to 4 | Up to 4 | None permitted |
| Public outdoor
space |
Up to 30 | Up to 4 | Up to 4 | None permitted |
Exceptions to the restrictions on gatherings[edit]
Alert Level 1 Exemptions[edit]
These exemptions apply to Alert Level 1.
These are the exemptions that apply only when "reasonably necessary" and there is "no reasonably practicable alternative":
Private Dwellings[edit]
| Type | Indoor and outdoor exceptions | Applies | Ref | |||
|---|---|---|---|---|---|---|
| Alert Level 1 | Alert Level 2 | Alert Level 3 | Alert Level 4 | |||
| Medical reasons | Obtaining or providing medical assistance, or accessing veterinary services | Allowed | Allowed | Allowed | Allowed | |
| Work | Working or providing voluntary or charitable services | Allowed | Allowed | Allowed | Allowed | |
| Legal obligations | Meeting a legal obligation | Allowed | Allowed | Allowed | Allowed | |
| Care | Providing, receiving or accessing care or assistance, including childcare or relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006, where the person receiving the care is a vulnerable person | Allowed | Allowed | Allowed | Allowed | |
| Children Visiting Parents | Gatherings relating to children who do not live in the same household as their parents, or one of their parents, can happen to facilitate access to and contact between said parents and children. | Allowed | Allowed | Allowed | Allowed | |
| Moving home | Gatherings are allowed where necessary to move home. | Allowed | Allowed | Allowed | Allowed | |
| Viewing, sale and purchase of residential property | Viewing a property in connection with the purchase, sale, letting or rental of the property; or undertaking activities in connection with the purchase, sale, letting or rental of residential property | Allowed | Allowed | Allowed | Allowed | |
| Education | Accessing or recieving educational services | Allowed | Allowed | Allowed | Allowed | |
These are the exemptions that apply when the circumstances are met:
| Type | Indoor and outdoor exceptions | Applies | Ref | |||
|---|---|---|---|---|---|---|
| Alert Level 1 | Alert Level 2 | Alert Level 3 | Alert Level 4 | |||
| Same or extended households | All are members of a common household, or of an extended household. | Allowed | Allowed | Allowed | Allowed | |
| Emergency Assistance | Providing or recieving emergency assistance | Allowed | Allowed | Allowed | Allowed | |
| Avoiding Illness, injury or Harm | Avoiding illness, injury or other risk of harm | Allowed | Allowed | Allowed | Only when "reasonably necessary" | |
| Same Premises Gathering | Participating in a gathering of no more than 4 people where all the people in the gathering live in the same premises; and share toilet, washing, dining or cooking facilities with each other | Not Applicable | Allowed | Allowed | Allowed | |
Public Places[edit]
The exemptions for "reasonably necessary" activities are similar, with the only difference being able to gather in public places to access or recieve public services.
These are the reasons that you can gather in public places that don't also apply to dwellings, such as emergency assistance and avoiding injury, illness or risk of harm:
| Type | Indoor and outdoor exceptions | Applies | Ref | |||
|---|---|---|---|---|---|---|
| Alert Level 1 | Alert Level 2 | Alert Level 3 | Alert Level 4 | |||
| Attending a wedding or civil partnership | Attending a soleminisation of a marriage, formation of a civil partnership or an alternative wedding cerenmony; as a party; if invited; or as a carer of a person attending. | Allowed | Allowed | Allowed | Allowed | |
| Attending a funeral | Attending a funeral as a person responsible for arranging it; if invited by the person responsible for arranging it; or as a carer of the person attending | Allowed | Allowed | Allowed | Allowed | |
| Attending a celebration of a marriage or life of a deceased person | Participating in a gathering at a regulated premises (not counting people under 11 or people working at the premises to either celebrate the solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that takes place after 22 August; or celebrating the life of a deceased person whose funeral is held on or after 22 August | 50 people | 15 people | 15 people | Not Allowed | |
| Attending a place of worship | Attending a place of worship | Allowed | Allowed | Allowed | Allowed | |
| Elite athletes | Someone is an elite athlete and gathers when training or competing | Allowed | Allowed | Allowed | Allowed | |
| Elite athlete support | Providing coaching or other support to an elite athlete, or providing support at an elite sportign event | Allowed | Allowed | Allowed | Allowed | |
| Indoor organised activites | Participating in or facilitating an indoor organised activity (not including workers, people under 11), as long as no alcohol is consumed. | 50 people | 15 people | 15 people | Not Allowed | |
| Outdoor organised gatherings | Participating in or facilitating an outdoor organised activity (not including workers, people under 11), as long as no alcohol is consumed | 100 people | 30 people | 30 people | Not Allowed | |
| Organised activities for children | Participating in or facilitating an organised activity for the development of well-being of children | Allowed | Allowed | Allowed | Not Allowed | |
| Events authorised by the Welsh Ministers | Attending or facilitating an event authorised by the Welsh Ministers | Allowed | Allowed | Allowed | Not Allowed | |
Alert Level 2 Exemptions[edit]
The exemptions are the same as Alert Level 1, except for an exemption being added for private dwelling gatherings for people who live in the same premises and share toilet, washing, dining or cooking facilities to be able to gather in groups of no more than 4 people.
Alert Level 3 Exemptions[edit]
The exemptions are exactly the same as Alert Level 2.
Alert Level 4 Exemptions[edit]
Alert Level 4 makes no distinctions between gatherings and thus these exemptions apply to all gatherings. The same exemptions as the previous Alert Levels exist, with these exceptions:
- Avoiding injury, illness or escaping a risk of harm: this is only when "reasonably necessary" and there is no "reasonably practicable alternative". This exemption is not subject to this qualification at lower Alert Levels.
- There are no celebratory events for weddings or ceremonies celebrating a person after death
- There are no organised indoor or outdoor events, including events organised by the Welsh Ministers
- There is an exemption for people to gather for exercise, either with people from an extended household; or with up to 4 people from 2 households; with any carers present
Reasonable excuses for leaving home in Alert Level 4[edit]
No person may leave the place where they are living, or remain away, without a reasonable excuse.
Most of the exemptions only apply when they leave for a purpose that is "reasonably necessary" and there is no "reasonably practicable alternative" to doing so.
These are the exemptions that apply only where "reasonably necessary" and there is no "reasonably practicable alternative" to leaving home:
| Exception | Name | Details | Ref |
|---|---|---|---|
| 1 | Essential shopping | Obtaining food; medical supplies; supplies for the essential upkeep, maintenance and functioning of the household; as well as any other supplies | [1] |
| 2 | Medical Reasons | Obtanining or providing medical assistance; or accessing vetinary services | [2] |
| 3 | Working, voluntary and charitable services | Working or providing voluntary or charitable services | [3] |
| 4 | Legal obligations | Meeting a legal obligation | [4] |
| 5 | Care for a vulnerable person | Providing, recieving or accessing care or assistance where the person recieving the care is a vulnerable person | [5] |
| 6 | Children visiting separated parents | For children who do not live in the same household as their parents, or one of them, continue existing arrangements for access to, and contact between, parents and children | [6] |
| 7 | Moving home | Moving home | [7] |
| 8 | Obtaining or depositing money | Obtaining or depositing money with certain business or services | [8] |
| 9 | Property Viewing | Viewing a property in connection with the purchase, sale, letting or rental of the property | [9] |
| 10 | Property Selling | Undertaking activities with the purchase, sale, letting or rental of residential property | [10] |
| 11 | Public Services | Accessing or recieving public services | [11] |
| 12 | Education | Accessing or recieving educational services | [12] |
These are the exemptions not subject to the above requirements and only need to have the circumstances listed apply:
| Exception | Name | Details | Ref |
|---|---|---|---|
| 1 | Emergency Assistance | Providing or recieving emergency assistance | [13] |
| 2 | Avoiding Injury, Illness or other risk of harm | Avoiding, illness, injury or other risk of harm | [14] |
| 3 | Attending a wedding or civil partnership ceremony | Attenting a solemnisation of a marriage, formation of a civil partnership or alternative wedding cerenmony, either as a party to it; if invited to attend; or as a carer of a person attending | [15] |
| 4 | Attending a funeral | Attending a funeral, either as a person responsibile for arranging it; if invited by a person responsible for arranging the funeral; or as a carer of a person attending | [16] |
| 5 | Places of worship | Attending a place of worship | [17] |
| 6 | Exercise | Exercising, either alone; with members of your own household or extended household; with the person's carer; or with up to 4 people from up to 2 households. This must start and finish at the place where a person is living or where their extended household is living. Those who need to exercise in another place for reasons of physical or mental illness or inpairment, or for reasons of disability can do so but the exercise must take place in an area local to where the person is living. | [18] |
| 7 | Elite athletes | Elite athletes who are training and competing may leave home | [19] |
| 8 | Coaching and other support to elite athletes, or providing support for certain events | Providing coaching or other support to an elite athlete; or providing support at either an elite sporting event; or a sporting event taking place outside Wales | [20] |
| 9 | Elections | Travelling to vote in an election | [21] |
| 10 | Extended Households | Travelling to or from a place where a member of their extended household is living | [22] |
Movement between Alert Levels[edit]
| Home Alert Level | Travel to Alert Level 1[23] | Travel to Alert Level 2[24] | Travel to Alert Level 3[25] | Travel to Alert Level 4[26] |
|---|---|---|---|---|
| Alert Level 1 | Allowed | Allowed | Not permitted | Not permitted |
| Alert Level 2 | Allowed | Allowed | Not permitted | Not permitted |
| Alert Level 3 | Not permitted | Not permitted | Not permitted^ | Not permitted |
| Alert Level 4 | Not permitted | Not permitted | Not permitted | Not permitted |
^Travel within the Alert Level 3 area that the person resides in is allowed; but travel to any part of Wales; or to high incidence of coronavirus areas within the UK is not permitted.
There is a general prohibition of people travelling to Wales from "high incidence" areas of COVID-19 in the rest of the UK; and for people in Wales to travel to them without reasonable excuse.
"High" incidence areas of COVID-19 are currently defined as:
- Tier 3 or Tier 4 areas of England (so, in effect, the whole of England)
- Level 3 or Level 4 areas of Scotland (so, in effect, the whole of Scotland)
- Northern Ireland
Business closures[edit]
Extended households[edit]
Under the Regulations, households may in various situations agree to be in an "extended household", which is intended to treat people from multiple households as effectively being in the same household according to the law. This would allow them to meet in private dwellings and elsewhere where it would otherwise be prohibited. A household can only ever form part of one extended household.
A household can change the extended household that it is in, but only after a period of at least 10 days since the last gathering a member of the household had with the extended household.
These are the restrictions on forming extended households in each Alert Level:
- Alert Level 1: Up to 3 households, as well as an additional single-adult household can form an "extended household"
- Alert Level 2: 2 households, as well as an additional single-adult household can form an "extended household"
- Alert Level 3: 2 households, as well as an additional single-adult household can form an "extended household"
- Alert Level 4: 2 households, but one must be a single-adult household. No other extended households permitted.
| Space | Alert Level 1 | Alert Level 2 | Alert Level 3 | Alert Level 4 |
|---|---|---|---|---|
| Private dwelling
(indoors) |
Yes | Yes | Yes | Yes |
| Other private
indoor space |
Up to 6 | Up to 4^ | Up to 4^ | None permitted |
| Private dwelling
(outdoors, e.g. garden) |
Yes | Yes | Yes | Yes |
| Private outdoor
space |
Up to 6 | Up to 4 | Up to 4 | None permitted |
| Public outdoor
space |
Yes | Yes | Yes | Exercise only |
^ Gatherings in holiday and travel accomodation are only permitted for those in the same household.
Reviews and expiry[edit]
The restrictions and requirements imposed by the Regulations, including their proportionality, must be reviewed by 7 January 2021; at least once between 8 January and 28 January; and at least once in every subsequent period of 21 days.
The regulations expire at the end of 31 March 2021.
Enforcement[edit]
"Enforcement officers" include:
- A person designated by a local authority
- A constable
- A police community support officer
- A person designated by the Welsh Ministers
The police have power of arrest to either "maintain public health" or "maintain public order".
The police have power of entry to premises if they have "reasonable grounds" for suspecting that a restriction has been, is being or is about to be contravened on that premises, and entering it is necessary to check whether that is the case. Only constables may enter private dwellings.
The police have power to conduct road checks to ascertain whether people have or will breach the Restrictions.
An offence under the Regulations is punishable by an unlimited fine on conviction.
Fixed penalty notices may be issued instead, following the below scale:
| 1st Offence | 2nd Offence | 3rd Offence | 4th Offence | 5th Offence | 6th+ Offence |
|---|---|---|---|---|---|
| £60 (£30 if paid within 14 days) | £120 | £240 | £480 | £960 | £1920 |
There are exceptions to the above scale:
- Organising an unlicensed music event - £10000
- Participating in a large gathering at a private dwelling - £60
- Organising an event - £500, £1000, £2000, £4000
- Business-related offences - £1000, £2000, £4000, £10000
Summary of main changes, by date[edit]
This chronological table lists the main changes to the (No. 5) Regulations.
| SI | In effect | Main changes | Ref |
|---|---|---|---|
| 1610 | 19 December 2020 | Bring the Regulations into force on 20 December 2020; include the Tier 4 area in the "restricted UK area", meaning no person living in a Tier 4 area may enter Wales without reasonable excuse; apply Alert Level 4 to the whole of Wales from 20 December 2020; limit the temporary "Christmas" rules so they only apply on 25 December 2020 | |
| 1623 | 22 December 2020 | Make it an offence in Alert Level 4 for the person responsible for a busines licensed for the sale or supply of alcohol for consumption off the premises to sell or supply alcohol between 10pm and 6am; and to make consequental amendments. | |
| 1645 | 24 December 2020 | Insert a requirement for those who have been in South Africa within the last 10 days and are in Wales at 9am on 24 December 2020 to self-isolate for a period of 10 days beginning with the day the person left South Africa. | |
| 20 | 9 January 2021 | Revoke the spent Christmas day provisions; make a minor amendment to permit show homes to stay open in Alert Level 4; to impose more stringent isolation requirements for those who have been in one of 11 listed African countries within a 10 day period before 4am on 9 January 2021 and are in Wales | |
| 46 | 15 January 2021 | Insert a more stringent isolation requirement for those who have been in certain listed countries within the 10 day period before 4am on 15 January 2021 and are in Wales | |
| 57 | 20 January 2021 | Require properitors of schools and further education institutes to prevent students attending, subject to exemptions; make specific provision about the measures that must be taken to minimise the risk of exposure to COVID-19 in retail, such as broadcasting announcements about wearing face coverings; require a risk assessment to be made of exposure to COVID-19 from those responsible for open premises; and to make minor and cosequential amdendments. | |
| 66 | 22 January 2021 | Insert a more stringent isolation requirement for those who have been in the Democratic Republic of the Congo or Tanzania within the 10 day period before 4am on 22 January 2021 and are in Wales | |
| 95 | 29 January 2021 | Insert a more stringent isolation requirement for those who have been in Burundi, Rwanda or the United Arab Emirates within a period of 10 days prior to 4am on 29 January 2021. | |
| 103 | 30 January 2021 | Allow people to exercise with one other person outdoors in Alert Level 4; allows automatic car washes to remain open in Alert Level 4; in all Alert Levels, allows a household to form a new extended household after at least 10 days has passed since the dissolution of the last one; other minor amendments | |
| 172 | 20 February 2021 | Allow up to 4 people from up to 2 households exercise outdoors in Alert Level 4; relax the restriction on requiring proprietors to forbid people from accessing schools for students below Year 3 and Universities for certain degrees | |
| 210 | 27 February 2021 | Allow premises to open for marriages and civil partnerships to the extent required for the ceremonies; extend the rules on extended household in Alert Level 4 to permit a household with 1 or more children under the age of 1 to form an extended household, or a household with only children and no adults to form an extended household | |
| 180 | 28 February 2022 | List of places where face coverings are required reduced (no longer required in leisure and entertainment premises), clarifies that residents of social care premises do not have to wear face coverings when on the premises | |
| 378 | 26 March 2022 | Extend the expiry date of the regulations to 18 April 2022; extend the expiry date of the Functions of Local Authorities etc Regulations to 18 April 2022 | |
| 388 | 28 March 2022 | Remove the requirement to self-isolate; remove the requirement for face coverings to be worn on public transport and in shops; remove the offence of being invovled in organising a large unlicensed music event; remove the requirement for election campaigners to make reasonable measures to minimise the risk of exposure to coronavirus | |
| 450 | 18 April 2022 | Extend the expiry date of the Regulations until 9 May 2022 from 18 April 2022; remove the requirement for businesses to take measures to minimise the risk of exposure to coronavirus | |
| 512 | 7 May 2022 | Extend the expiry date of the Regulations until 30 May 2022 from 9 May 2022; the practical effect being to retain the requirement ot wear face coverings in health and social care premises for a further 3 weeks |
Local authority areas in each Alert Level, by date[edit]
References[edit]
- ^ SI 1609 (2020), Reg 1(3)(a), Schedule 4.
- ^ SI 1609 (2020), Reg 1(3)(b), Schedule 4.
- ^ SI 1609 (2020), Reg 1(3)(c), Schedule 4.
- ^ SI 1609 (2020), Reg 1(3)(d), Schedule 4.
- ^ SI 1609 (2020), Reg 1(3)(e), Schedule 4.
- ^ SI 1609 (2020), Reg 1(3)(f), Schedule 4.
- ^ SI 1609 (2020), Reg 1(3)(g), Schedule 4.
- ^ SI 1609 (2020), Reg 1(3)(h), Schedule 4.
- ^ SI 1609 (2020), Reg 1(3)(i), Schedule 4.
- ^ SI 1609 (2020), Reg 1(3)(j), Schedule 4.
- ^ SI 1609 (2020), Reg 1(3)(k), Schedule 4.
- ^ SI 1609 (2020), Reg 1(3)(l), Schedule 4.
- ^ SI 1609 (2020), Reg 1(4)(a), Schedule 4.
- ^ SI 1609 (2020), Reg 1(4)(b), Schedule 4.
- ^ SI 1609 (2020), Reg 1(4)(c), Schedule 4.
- ^ SI 1609 (2020), Reg 1(4)(d), Schedule 4.
- ^ SI 1609 (2020), Reg 1(4)(e), Schedule 4.
- ^ SI 1609, 2020 & Reg (5), Schedule 4, Reg 1(4)(f), Schedule 4.
- ^ SI 1609 (2020), Reg 1(4)(g), Schedule 4.
- ^ SI 1609 (2020), Reg 1(4)(h), Schedule 4.
- ^ SI 1609 (2020), Reg 1(4)(i), Schedule 4.
- ^ SI 1609 (2020), Reg 1(4)(j), Schedule 4.
- ^ SI 1374 (2020), Schedule 1 paragraph 1.
- ^ SI 1374 (2020), Schedule 2 paragraph 1.
- ^ SI 1374 (2020), Schedule 3 paragraph 1.
- ^ SI 1611 (2020), Reg 2(13), inserting Sch 3A paras 3 and 4.
External links[edit]