The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 / Rheoliadau Diogelu Iechyd (Cyfyngiadau Coronafeirws) (Rhif 5) (Cymru) 2020

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

(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. The Regulations impose requirements and restrictions on individuals, businesses and others.

There are 9 Parts to the Regulations.

Part 1 provides that these Regulations come into force on 21 December 2020 (other than Part 6 which comes into force on 23 December 2020) and expire at the end of the day on 31 March 2021. It also provides that the Regulations must be reviewed regularly to ensure that the restrictions and requirements imposed remain proportionate.

Part 2 imposes restrictions on people gathering, on people travelling and on the use of premises of specified businesses or services that are ordinarily open to the public. Part 2 puts 4 different levels of restrictions in place that can apply depending on the circumstances. Which level applies is based on what the Welsh Ministers consider to be the appropriate and proportionate response to the incidence and spread of coronavirus.

Schedule 1 sets out the lowest level – Alert Level 1 – restrictions; Schedule 2 sets out Alert Level 2 restrictions; Schedule 3 sets out Alert Level 3 restrictions and Schedule 4 the highest level – Alert Level 4 – restrictions (under which there are strict limitations on people gathering and travelling, and most premises are required to close). Schedule 5 sets out which alert level applies to an area. At the time of making the Regulations the same alert level applies across the whole of Wales, but the Regulations can be amended to apply different alert levels on a regional or local basis (as well as amending the alert level for the whole of Wales).

A number of the restrictions refer to the concept of an “extended household”. This enables more than one household to agree to come together for the purposes of the rules by forming a larger, extended, household. In addition there are separate provisions that allow a single adult household (a person who lives alone or only with a child or adult they care for) to agree to come together for these purposes with another household. These arrangements are exclusive and must be agreed to by all of the adults in each household that forms an extended household.

A summary of the restrictions that apply at each alert level is provided below. All restrictions are subject to exceptions listed in the Regulations.

When Alert Level 1 restrictions apply to an area:

gatherings indoors in people's homes are allowed only between up to 6 people, or more if all present are members of the same household or an extended household consisting of up to 3 households and a single adult household;

gatherings indoors (away from people's homes) are limited to 6 people (not including children under 11) or the members of 1 household if higher;

gatherings outdoors (including in people's gardens) are limited to 30 people (not including children under 11) or the members of 1 household or an extended household if higher;

different rules apply to gathering for activities that are formally organised, allowing more people (up to 50 indoors and up to 100 outdoors) to come together;

as an exception to the general prohibition on organising events, events involving up to 50 people in attendance at any one time indoors, or 100 people outdoors, are allowed;

larger scale events may also be allowed but only with the consent of the Welsh Ministers;

travelling is allowed within a Leve1 1 area and to and from another Level 1 area or any Level 2 areas, but travelling from a Level 1 area to any area of Wales which is at Level 3 or 4, or to any areas of high incidence of coronavirus elsewhere in the UK, is not allowed;

similarly travelling from a Level 3 or 4 area, or from any areas of high incidence of coronavirus elsewhere in the UK, to a Level 1 area is not allowed;

nearly all business premises that are ordinarily open to the public may continue to be open but premises licensed to sell alcohol may not do so after 10.00 p.m. and must close no later than 10.20 p.m.

When Alert Level 2 restrictions apply to an area: