The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020

Made: 2 December 2020

Laid before Senedd Cymru: 3 December 2020

Coming into force: at 6.00 p.m. on 4 December 2020

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

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 restrictions and requirements imposed 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

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• (1) The title of these Regulations is the Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020.

• (2) These Regulations come into force at 6.00 p.m. on 4 December 2020.

Amendment of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020

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• (1) The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020 are amended as follows.

• (2) In regulation 3(1), for “8 January” substitute “ 19 February ”.

• (3) In regulation 6—

• (a) for paragraph (2) substitute—

(2) In considering whether the public health conditions are met, a local authority must, in particular, have regard to— (a) whether people are gathering, or are likely to gather, at the event in contravention of regulation 6 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020; (b) where the event is held wholly or mainly indoors, whether more than 15 people are, or are likely to be, in attendance; (c) where the event is held wholly or mainly outdoors, whether more than 30 people are, or are likely to be, in attendance.

• (b) after paragraph (7), insert—

(8) For the purposes of paragraph (2), an event is to be treated as being held indoors if it is held in premises which are enclosed or substantially enclosed within the meaning given by regulation 2 of the Smoke-free Premises etc. (Wales) Regulations 2007 .

• (4) In regulation 17, at the end insert—

(4) An enforcement officer may enter premises used wholly or mainly as a private dwelling only if the enforcement officer is a constable.

• (5) In regulation 19(10), after sub-paragraph (b) insert—

(c) the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 ;

• (6) In regulation 20, after “Prosecutions” insert “ , a local authority ”.

Signed

Mark Drakeford — First Minister, one of the Welsh Ministers — 2020-12-02

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 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.

[^f00002]: S.I. 2020/1219 (W. 276) as amended by S.I. 2020/1237 (W. 279) and S.I. 2020/1288 (W. 286).

[^f00003]: S.I. 2020/1374.

[^f00004]: S.S.I. 2020/344 as amended by S.S.I. 2020/347, S.S.I. 2020/374, S.S.I. 2020/389, S.S.I. 2020/392 and S.S.I. 2020/400.

[^f00005]: S.I. 2020/1011 (W. 225) as amended by S.I. 2020/1100 (W. 250), S.I. 2020/1149 (W. 261) and S.I. 2020/1219 (W. 276).

[^f00006]: S.I. 2007/787 (W. 68).

[^f00007]: S.I. 2020/1149 (W. 261).

Editorial notes

[^c24417001]: 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.

[^c24417041]: S.I. 2020/1011 (W. 225) as amended by S.I. 2020/1100 (W. 250), S.I. 2020/1149 (W. 261) and S.I. 2020/1219 (W. 276).

[^c24417051]: S.I. 2007/787 (W. 68).

[^c24417061]: S.I. 2020/1149 (W. 261).

[^key-8a54befb605f1ace7f02019cee232399]: Reg. 1 in force at 4.12.2020 at 6.00 p.m., see reg. 1(2)

[^key-2e905d6958acbca66a1f3ccba4507b9a]: Reg. 3 in force at 4.12.2020 at 6.00 p.m., see reg. 1(2)

[^key-86414c30d446e73fc97f1aac32626fcd]: Reg. 2 revoked (20.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021 (S.I. 2021/57), regs. 1(2), 4(c)