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

Welsh Statutory Instrument 2020 No. 1011 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 17 September 2020
In force from: 18 September 2020
Extent: Not stated
Subject: COVID-19 emergency legislation (2020-2022)
Made under: Public Health (Control of Disease) Act 1984, S.I. 2020/984 (W. 221)

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

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 have 5 Parts. Part 1 contains interpretation provisions. It also provides that the Regulations expire on 8 January 2021 unless they are revoked before then. Part 2 provides local authorities in Wales with powers to control premises, events and public places in their areas to help control coronavirus within their areas. This includes closing premises and public places and stopping events where necessary. Part 3 continues a duty already imposed on local authorities, National Park authorities, Natural Resources Wales and the National Trust to close public footpaths and land accessible by the public in Wales where congregation of people may lead to a high risk of exposure to coronavirus. Part 4 provides for the enforcement of the restrictions or requirements imposed by the Regulations. Part 5 revokes the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities) (Wales) Regulations 2020 (S.I. 2020/984 (W. 221)) and makes a consequential amendment to the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 (S.I. 2020/725 (W. 162)). The Regulations replace the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities) (Wales) Regulations 2020 due to a failure to properly record the Welsh Ministers’ declaration that the Regulations were urgent, in accordance with section 45R(2) of the Public Health (Control of Disease) Act 1984. 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.

Offences created by this instrument

A person who— a contravenes regulation 5(7), 6(6) or 7(8), b without reasonable excuse, fails to take the steps… regulation 18(1) · Status not determined · Mixed — some elements strict, some not
A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations commits… regulation 18(2) · Status not determined · Strict liability
A person who, without reasonable excuse— a fails to comply with a compliance notice given by an enforcement officer… regulation 18(3) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2020