User:Mustwinfull/The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

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
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
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.

Restrictions on gatherings, all Alert Levels
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:

Alert Level 1 Exemptions
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
These are the exemptions that apply when the circumstances are met:

Public Places
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:

Alert Level 2 Exemptions
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
The exemptions are exactly the same as Alert Level 2.

Alert Level 4 Exemptions
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
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:

These are the exemptions not subject to the above requirements and only need to have the circumstances listed apply:

Movement between Alert Levels
^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

Extended households
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.

^ Gatherings in holiday and travel accomodation are only permitted for those in the same household.

Reviews and expiry
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
"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:

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
This chronological table lists the main changes to the (No. 5) Regulations.