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Jurisdiction: Wales
Commencement: 26th March 2020
Repeals: The Health Protection (Coronavirus, Business Closure) (Wales) Regulations 2020
The Health Protection (Coronavirus: Closure of Leisure Businesses, Footpaths and Access Land) (Wales) Regulations 2020
These Regulations list various types of businesses and organisations which are required to close to prevent the spread of Coronavirus, and those which are not required to close. The Regulations also define the restrictions which apply to individuals.
The Regulations are designed to protect public health by preventing the spread of COVID19 (i.e. Coronavirus).
The Regulations apply to many types of business and other organisations, which are required to close or restrict their activities.
They provide for closure of certain public access footpaths and land.
They also apply to individuals, requiring people not to leave their homes except for certain specified reasons.
The Regulations apply in Wales only (similar Regulations have been passed in England, Scotland, and Northern Ireland).
The Regulations impose requirements on various types of businesses and organisations which are required to close in order to restrict the spread of Coronavirus. The types of business or organisation affected can be divided into the following categories:
The Regulations also list certain key businesses which are excepted from the restrictions.
The Regulations repeal (and replace) The Health Protection (Coronavirus, Business Closure) (Wales) Regulations 2020 and The Health Protection (Coronavirus: Closure of Leisure Businesses, Footpaths and Access Land) (Wales) Regulations 2020.
The restrictions set out in these Regulations only apply during the ‘emergency period’. The emergency period starts on 26th March 2020. The emergency period ends in relation to any particular restriction or when the Welsh Ministers issue a direction ending it.
The Welsh Ministers must review the need for the restrictions at least every 21 days, commencing 15th April 2020.
The Welsh Ministers must issue a direction ending any restrictions or requirements as soon as they are no longer necessary to protect public health from the spread of Coronavirus.
In any event, the Regulations expire after 6 months.
The Regulations require some businesses and premises to close entirely, while others are permitted to remain open provided that social distancing measures are implemented. Where relevant, social distancing measures comprise as follows:
The Regulations require the following types of business to close:
Any person carrying on a relevant business listed above must:
Workplace canteens can remain open where there is no practical alternative for staff to obtain food, and all reasonable measures are taken to ensure people maintain 2 metres separation.
See also the section below concerning businesses which may remain open. A business may continue to sell food to be taken off the premises for consumption, but must observe the social distancing requirements.
The Regulations do not apply to cafes or canteens in hospitals, care homes, schools, prisons, or MoD establishments for use for naval, military or air force purposes. They also do not apply to services providing food or drink to the homeless.
The provision of room service in a hotel is excluded (i.e. hotels) may continue to provide room service.
The Regulations require the following types of businesses to close:
Though otherwise required to close, cinemas, theatres, bingo halls, concert halls, museums, galleries, gyms, and leisure centres can be used to broadcast performances (by internet, television or radio) to people outside the premises. There must be no live audience.
Museums, galleries and libraries can continue to provide archive and information services by website, telephone or post.
Any suitable premises may still be used for provision of emergency assistance, e.g. food banks, shelter for the homeless or vulnerable, blood donation or other emergency support.
In addition to the general requirement to close, there are certain additional provisions for holiday sites (any site with mobile or static caravans) and camping sites.
The person responsible for holiday and camping sites must use best endeavours to ensure that anybody staying there vacates the premises. This obligation does not apply where:
The following types of businesses are permitted to stay open during the emergency period, but subject to the requirement that they implement social distancing requirements:
The Regulations require all other businesses which supply goods for sale or hire to close.
The person carrying on any relevant business must close the premises and must not allow anybody onto the premises, except as set out below.
Although required to close, businesses supplying goods for sale or hire are permitted to continue to make deliveries or provide services for orders received by website, text, phone or post. The business may keep premises open and permit entry to people only to the extent required to make the deliveries or other services permitted here.
If a business which is required to close forms part of a larger business, the larger business complies by closing the relevant part of the businesses which are required to close, i.e. those carrying on the types of business listed above.
These must be closed except as follows:
provided that in each case all reasonable measures are taken to maintain a distance of 2 metres between each person.
These must remain closed to the public, except during a cremation or burial service. Steps must be taken to maintain a 2 metre separation between people.
These must be closed except where they provide essential voluntary activities or community support services (e.g. food banks, shelter for the homeless or vulnerable, blood donation or other emergency support). The person running the centre must take reasonable measures to ensure 2 metre separation between people.
The Regulations also set out restrictions on personal movement. These apply to individuals, not businesses, but are set out here for information.
Individuals may not leave the place where they live, except in the following circumstances:
A person’s home includes the garden, and any paths, passageways, outhouses etc.
Homeless people are specifically excluded from the above requirements.
The following people are classified as ‘vulnerable’:
It is prohibited to gather in groups of more than two a public place, except:
The Regulations apply to footpaths and access land in the area of any of the authorities listed below, where the authority considers the path or land is likely to have large numbers or people congregating or in close proximity to another:
The relevant authorities must close the land during the emergency period until it is no longer necessary for the prevention of spread of Coronavirus, or the end of the emergency period.
The authorities must publish a list of the land and footpaths closed on a website, and must post notices in prominent places to advise the public that the path or land is closed.
No person can access the path or land unless authorised by the relevant local authority.
The Regulations provide enforcement powers to police officers, community support officers, and such other people as may be designated by the local authority or the Welsh Ministers.
Enforcement powers include:
These powers should only be used where they are necessary and proportionate.
Any person who contravenes the duties under these Regulations, or fails (without reasonable excuse) to comply with any direction from a person with enforcement powers, is guilty of an offence which is punishable by a fine.
If a company commits an offence due to the consent, connivance or neglect of a director, manager, secretary or other officer of that company, that person is also guilty of the offence.
The Regulations also provide that proceedings can be brought against a partnership, and other unincorporated bodies.
The Regulations provide that enforcement officials can serve a fixed penalty notice. Payment of the notice by the person on whom it is served avoids the need for criminal proceedings. The amount of a fixed penalty notice ranges from £30 (first incident) and up to £120 for repeat infringements. The Regulations set out procedural rules concerning fixed penalty notices.
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Jurisdiction: Scotland
Commencement: 26th March 2020
These Regulations list various types of businesses and organisations which are required to close to prevent the spread of Coronavirus, and those which may stay open subject to ‘social distancing’ requirements. The Regulations also define the restrictions which apply to individuals.
The Regulations are designed to protect public health by preventing the spread of COVID19 (i.e. Coronavirus).
The Regulations apply to many types of business and other organisations, which are required to close or restrict their activities.
They also apply to individuals, requiring people not to leave their homes except for certain specified reasons.
The Regulations apply in Scotland only (similar Regulations have been passed in England, Wales and Northern Ireland).
The Regulations impose requirements on various types of businesses and organisations which are required to close in order to restrict the spread of Coronavirus. The types of business or organisation affected can be divided into the following categories:
The Regulations also list certain key businesses which are excepted from the restrictions.
The restrictions set out in these Regulations only apply during the ‘emergency period’. The emergency period starts on 26th March 2020. The emergency period ends in relation to any particular restriction or when the Scottish Ministers issue a direction ending it.
The Scottish Ministers must review the need for the restrictions at least every 21 days, commencing 16th April 2020.
The Scottish Ministers must issue a direction ending any restrictions or requirements as soon as they are no longer necessary to protect public health from the spread of coronavirus.
In any event, the Regulations expire after 6 months.
The Regulations require some businesses and premises to close entirely, while others are permitted to remain open provided that social distancing measures are implemented. Where relevant, social distancing measures comprise as follows:
The following types of businesses are permitted to stay open during the emergency period, but subject to the requirement that they implement social distancing requirements:
The Regulations require the following types of business to close:
Any person carrying on a relevant business listed above must:
Workplace canteens can remain open where there is no practical alternative for staff to obtain food, and if reasonably possible people can maintain a 2 metre distance between one another.
The Regulations do not apply to cafes or canteens in hospitals, care homes, schools, prisons, or MoD establishments for use for naval, military or air force purposes. They also do not apply to services providing food or drink to the homeless.
The provision of room service in a hotel is excluded, i.e. hotels may continue to provide room service.
The Regulations require the following types of businesses to close:
Though otherwise required to close, cinemas, theatres, bingo halls, concert halls, museums, and galleries can be used to broadcast (by internet, television or radio) to people outside the premises.
The Regulations require all other businesses which supply goods for sale or hire to close. Libraries are included in this category (i.e. they must close).
The person carrying on any relevant business must close the premises and must not allow anybody onto the premises, except as set out below.
Although required to close, businesses supplying goods for sale or hire are permitted to continue to make deliveries or provide services for orders received by website, text, phone or post. The business may keep premises open and permit entry to people only to the extent required to make the deliveries or other services permitted here.
A business which sells hot or cold food for consumption off the premises is not required to close but it must implement social distancing measures.
The person responsible for a business providing holiday accommodation must close the business, except where:
Holiday accommodation includes a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house.
These must be closed except as follows:
provided that in each case the social distancing measures are maintained.
These must be closed except where they provide essential voluntary activities or community support services (e.g. food banks, shelter for the homeless or vulnerable, blood donation or other emergency support). The person running the centre must take reasonable measures to ensure 2 metre separation between people (other than people from the same household or a carer and the person they are caring for).
These must remain closed to the public, except during a cremation or burial service. Steps must be taken to maintain a 2 metre separation between people (except people from the same household).
If a business which is required to close forms part of a larger business, the larger business complies by closing the relevant part of the businesses which are required to close, i.e. those carrying on the types of business listed above.
The Regulations also set out restrictions on personal movement. These apply to individuals, not businesses, but are set out here for information.
Individuals may not leave the place where they live, except in the following circumstances:
A person’s home includes the garden, and any paths, passageways, outhouses, etc.
Homeless people are specifically excluded from the above requirements.
The following people are classified as ‘vulnerable’:
It is prohibited to gather in groups of more than two a public place, except:
The Regulations provide enforcement powers to police officers, community support officers, and such other people as may be designated by the local authority.
Enforcement powers include:
These powers should only be used where they are necessary and proportionate.
Any person who contravenes the duties under these Regulations, or fails (without reasonable excuse) to comply with any direction from a person with enforcement powers, is guilty of an offence which is punishable by a fine.
If a company commits an offence due to the consent, connivance or neglect of a director, manager, secretary or other officer of that company, that person is also guilty of the offence.
The Regulations provide that enforcement officials can serve a fixed penalty notice. Payment of the notice by the person on whom it is served avoids the need for criminal proceedings. The amount of a fixed penalty notice ranges from £30 (first incident) up to £960 (repeated infringements). The Regulations set out procedural rules concerning fixed penalty notices.
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Jurisdiction: England, Scotland, Wales
Commencement: 26th March 2020
Amends: The Working Time Regulations 1998
The Working Time Regulations 1998 detail the maximum working hours for employees. They are designed to regulate long working working hours which put workers at risk of injury or ill-health. Under these Regulations, a worker cannot generally be forced to work more than a 48-hour week.
The provisions concerning annual leave are amended. A worker who is unable to take some of their statutory leave entitlement due to the effects of coronavirus (whether the effects are on the worker, the employer, or wider society) can carry over their missed leave into the following two leave years.
If leave is carried forward as a result of coronavirus, and the worker’s employment is then terminated, the employer must pay the worker in lieu of the missed leave.
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Jurisdiction: England
Commencement: 2pm on 21st March 2020
These Regulations list various types of premises which sell food and drink to be consumed on the premises (including workplace canteens), and various types of cultural, recreational and sporting premises which are required to close to prevent the spread of Coronavirus.
The Regulations apply to most types of business which sell food or drink for consumption on the premises. This includes workplace canteens.
The Regulations also apply to a number of types of business in which the public congregate for cultural, recreational or sporting activities.
The Regulations require the relevant types of business to close.
The Regulations are designed to protect public health by preventing the spread of COVID19 (i.e. Coronavirus).
They apply in England only (similar Regulations have been passed in Scotland, Wales and Northern Ireland).
The Regulations apply to the following types of businesses:
The Regulations do not apply to cafes or canteens in hospitals, care homes, schools, prisons, or MoD establishments for use for naval, military or air force purposes. They also do not apply to services providing food or drink to the homeless.
Any person carrying on a relevant business listed above must:
n.b. the provision of room service in a hotel is excluded from this requirement.
The Regulations apply to the following types of businesses:
Any person carrying on a relevant business listed above must close. If the business forms part of a larger business, the larger business complies by closing the relevant part of the businesses, i.e. those carrying on the types of business listed above.
The requirements set out above apply to any person who is an owner or manager of any of the above types of listed business.
See offences below – a director, manager, secretary or other similar officer of a company may also be affected.
The Regulations came into effect on 2.00 p.m. on 21st March 2020.
The Secretary of State must publish a direction terminating the requirements listed above as soon as they are no longer required for the protection of public health from the spread of Coronavirus.
The Secretary of State must review the restrictions set out above at least every 28 days.
The Regulations expire in any event after 6 months.
Any person who contravenes the duties under these Regulations, or obstructs somebody else from complying with them, is guilty of an offence which is punishable by a fine.
If a company commits an offence due to the consent, connivance or neglect of a director, manager, secretary or other officer of that company, that person is also guilty of the offence.
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Jurisdiction: England
Commencement: 10th February 2020
These Regulations only apply when the Secretary of State has declared that Coronavirus presents a serious and imminent threat to public health. In such an event, the measures outlined in these Regulations may be implemented to prevent further spread of the virus.
As of 10th February 2020, these Regulations do not create any duties for businesses. They apply only within England and only when the Secretary of State has declared that Coronavirus constitutes a serious and imminent threat to public health. In such an event, the measures outlined in the Regulations may be implemented to prevent further spread of the virus.
This summary refers to “Coronavirus” which means the virus known as “Wuhan novel coronavirus (2019-nCoV)” or “COVID-19”.
The Secretary of State may declare a serious and imminent threat to public health from Coronavirus by publishing a notice to this effect on www.gov.uk and in the London Gazette. In the event of such a declaration, these Regulations allow the Secretary of State or a Registered Public Health Consultant to detain and isolate a person or group of people to prevent or limit the spread of Coronavirus.
When the Secretary of State has decided that there is no longer a serious and imminent threat to public health from the virus, the declaration will be revoked by publishing a notice on www.gov.uk and the London Gazette.
Reference to an infected area in this summary means an area on the list of infected areas published on www.gov.uk.
Detention by the Secretary of State or a Registered Public Health Consultant
The following people may be detained:
The individual person or group may be detained for up to 48 hours or until screening has been completed. Failure to comply with the detention is a criminal offence. Where the person being detained is a child (under 18 years of age) a responsible adult must ensure the child adheres to the detention.
A person arriving from an infected area, or a person known or suspected to be infected or contaminated with the Coronavirus will be subject to a screening process, which may include:
If the person is under 18 years of age, a responsible adult must be present during the screening process. The responsible adult must also ensure the child provides information, blood and nasal samples, as required. The responsible adult must provide any requested documentation on behalf of the child.
Screening and assessment may take place at a designated location. Failing to comply with the screening process or to move to the designated location when directed, is a criminal offence.
Following assessment and screening, a person suspected of or known to be infected with Coronavirus, or a person arriving from an infected area, may be subject to special restrictions including contact with other people (isolation) and travel or other activities, for a period of up to 14 days to prevent the spread of the virus. Where the person is under 18 years of age, a responsible adult must ensure the child conforms to any restrictions imposed.
Restrictions may be altered or extended to continue to protect against infection or contamination of others.
The intention to impose, alter or extend any restriction must be communicated to the person (or the responsible adult where the person is a child) before being implemented.
The person or responsible adult is entitled to express an opinion on the suitability of any restriction to be imposed. This opinion must be considered, before a decision is made regarding the restriction. Failure to comply with any special restriction imposed is a criminal offence.
In addition to the offences mentioned above, the following offences also attract a fine of up to £1000 upon conviction:
These Regulations come into effect on 10th February 2020 and will remain in force for a period of 2 years.
As of 10th February 2020, these Regulations do not create any duties for businesses.
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Jurisdiction: Wales
Commencement: 18th March 2020
These Regulations only apply when the Welsh Ministers declare that Coronavirus presents a serious and imminent threat to public health. In such an event, the measures outlined in these Regulations may be implemented to prevent further spread of the virus.
As of 18th March 2020, these Regulations do not create any duties for businesses. They apply only within Wales and only when the Welsh Ministers have declared Coronavirus as a serious and imminent threat to public health. In such an event, the measures outlined in the Regulations may be implemented to prevent further spread of the virus.
This summary refers to “Coronavirus” which means the virus known as “Wuhan novel coronavirus (2019-nCoV)” or “COVID-19”.
The Welsh Ministers may declare a serious and imminent threat to public health from Coronavirus by publishing a notice to this effect on https://gov.wales, in the London Gazette, and in at least one newspaper circulating in Wales. In the event of such a declaration, these Regulations allow Welsh Ministers or a Registered Public Health Consultant to detain and isolate a person or group of people to prevent or limit the spread of Coronavirus.
When the Welsh Ministers have decided that there is no longer a serious and imminent threat to public health from the virus, they should publish a notice to this effect on https://gov.wales, in the London Gazette, and in at least one newspaper circulating in Wales.
Reference to an infected area in this summary means an area on the list of infected areas published on www.gov.uk.
Detention by the Welsh Ministers or a Registered Public Health Consultant
The following people may be detained:
The individual person or group may be detained for up to 48 hours or until screening has been completed. Failure to comply with the detention is a criminal offence. Where the person being detained is a child (under 18 years of age) a responsible adult must ensure the child adheres to the detention.
A person arriving from an infected area, or a person known or suspected to be infected or contaminated with the Coronavirus will be subject to a screening process, which may include:
If the person is under 18 years of age and is accompanied by a responsible adult, it is the responsibility of that responsible adult to ensure that the child provides information, plus blood and nasal samples, as required. The responsible adult must also provide any requested documentation on behalf of the child.
Screening and assessment may take place at a designated location. Failing to comply with the screening process or to move to the designated location when directed, is a criminal offence.
Following assessment and screening, a person suspected of or known to be infected with Coronavirus and who presents a risk of contaminating others, or a person arriving from an infected area, may be subject to further restrictions including contact with other people (isolation) and travel or other activities, for a period of up to 14 days to prevent the spread of the virus. Where the person is under 18 years of age, a responsible adult must ensure the child conforms to any restrictions imposed.
Restrictions may be altered or extended to continue to protect against infection or contamination of others.
The intention to impose, alter or extend any restriction must be communicated to the person (or the responsible adult where the person is a child) before being implemented.
The person or responsible adult is entitled to express an opinion on the suitability of any restriction to be imposed. This opinion must be considered, before a decision is made regarding the restriction. Failure to comply with any special restriction imposed is a criminal offence.
A person on whom a restriction has been imposed, or, if a restriction has been imposed on a child, a person with parental responsibility, may appeal to the magistrates’ court against the imposition of a condition or restriction.
Under these Regulations, police constables are granted the power to detain, direct or remove a person, in order to protect public safety.
Where a person is required to be detained or kept in isolation a police constable may use reasonable force, as necessary to:
A police constable may direct a person to go immediately to a hospital or other suitable place, where they suspect that the person is infected with the Coronavirus; there is a risk that the person could infect others; and it is necessary to remove, direct or detain the person to ensure greater public safety.
In addition to the offences mentioned above, the following offences also attract a fine of up to £1000 upon conviction:
These Regulations come into effect on 18th March 2020 and will remain in force for a period of 2 years.
As of 18th March 2020, these Regulations do not create any duties for businesses.
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Jurisdiction: Northern Ireland
Commencement: 29th February 2020
Amends: Public Health Act (Northern Ireland) 1967
Public Health Act (Northern Ireland) 1967 places duties on registered medical practitioners, any person who is a carrier of, or has, a notifiable disease, and anyone who has rented out a house, caravan, room in a hotel, inn, guest house, boarding house or other similar establishment, if it was occupied by a person with a notifiable disease.
The Act applies to Northern Ireland and its coastal waters, and to aircraft and seafaring vessels arriving in Northern Ireland.
The list of notifiable diseases and syndromes in Schedule 1 of the Regulations is amended to include the Coronavirus Disease (COVID-19). This places a duty on doctors to notify the Director of Public Health of any suspected cases of the virus in their patients. No notification requirements are created under RIDDOR.
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Jurisdiction: Scotland
Commencement: 22nd February 2020
Amends: Public Health etc (Scotland) Act 2008
Public Health etc (Scotland) Act 2008 makes provisions for the protection of public health in Scotland. This is the protection of the community from infectious diseases, contamination or other hazards which are a danger to human health.
The Act places duties on health boards, local authorities, registered medical practitioners (doctors), directors of diagnostic laboratories, and occupiers or owners of premises in relation to the control of infectious diseases.
These Regulations include Coronavirus disease 2019 (COVID-19) as a notifiable disease in Part 1 of Schedule 1 and Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) as a notifiable organism in part 2 of Schedule 1.
This triggers duties of doctors to notify the health board where they suspect the person they are attending has COVID-19 and on the directors of diagnostic laboratories to inform the health board and Common Services Agency where they have identified (SARS-CoV-2). No notification requirements are created under RIDDOR.
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Jurisdiction: Wales
Commencement: 6 March 2020
Amends: The Health Protection (Notification) (Wales) Regulations 2010
The Health Protection (Notification) (Wales) Regulations 2010 places a duty on registered medical practitioners (i.e. doctors) to notify the local authority if they treat a patient they know or suspect to be infected or contaminated with specific infectious diseases, including the “Coronavirus”, also known as “Wuhan novel coronavirus (2019-nCoV)” or “COVID-19”.
The Regulations also place a duty on medical or clinical laboratories that test human samples, to report to the local authority when they detect an organism that could lead to the development of a specific infectious disease.
The list of notifiable diseases and syndromes in Schedule 1 of the Regulations is amended to include the Coronavirus Disease (COVID-19). This places a duty on doctors to notify the local authority of any suspected cases of the virus in their patients.
Schedule 2 of the Regulations has been amended to include Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2).This places a duty on medical and clinical laboratories involved in the testing of human samples to report to the local authority any samples which are infected with the virus. No notification requirements are created under RIDDOR.
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Jurisdiction: England
Commencement: 6 March 2020
Amends: The Health Protection (Notification) Regulations 2010
The Health Protection (Notification) Regulations 2010 place a duty on registered medical practitioners (i.e. doctors) to notify the local authority if they treat a patient they know or suspect to be infected or contaminated with specific infectious diseases. (This includes the “Coronavirus”, also known as “Wuhan novel coronavirus (2019-nCoV)” or “COVID-19”).
The Regulations also place a duty on medical or clinical laboratories that test human samples, to report to Public Health England when they detect an organism that could lead to the development of a specific infectious disease.
The Health Protection (Notification) Regulations 2010 are amended to insert “COVID-19” into the list of notifiable diseases and “SARS-CoV 2” into the list of causative agents. No notification requirements are created under RIDDOR.
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