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Jurisdiction: EU
Commencement: 31st March 2020
This EU Regulation introduces temporary measures to help EU Member States comply with regulations for plant and animal health during the Coronavirus (COVID-19) pandemic.
Temporary measures are introduced by this Regulation to assist European Union (EU) Member States that are struggling to comply with EU requirements regarding plant and animal health as a result of the Coronavirus (COVID-19) pandemic. These temporary measures can be used by Member States from 31st March 2020 until 1st June 2020.
Two new EU Regulations to protect against animal disease and plant pests were introduced in 2016 and 2017 which Member States had to comply with by 14th December 2019. These are:
The COVID-19 Coronavirus pandemic is creating an ongoing challenge for Member States to conduct official controls and other official activities in line with the above EU legislation. In particular, the restrictions on movement of people within EU Member States means they are struggling to fulfil their duties, as their ability to deploy suitable staff for official controls and other activities has been impaired.
As a result the measures below have been introduced.
Member States that wish to utilise these temporary measures should inform the European Commission and other Member States. They must also inform them of the measures they have taken to address their difficulties to carry out the official controls required under Official Controls Regulation and the Plant Health Regulation.
Some activities needed to adhere to the requirements of the Official Controls Regulation or the Plant Health Regulation require the physical presence of control staff, such as for the clinical examination of animals, and certain checks on products of animal origin, plants, plant products, and food and feed of non-animal origin. These roles often have to be carried out by people with particular qualifications who are authorised to conduct these functions.
This Regulation allows the competent authority of each Member State to allow other people, who would not previously have been authorised, to carry out such functions. These people should:
Electronic copies of certificates or attestations required by either of the Regulations may now be used, or an electronic format of the certificate or attestation can be produced and submitted in TRACES.*
If these are used, then the person responsible for presenting the official certificate or attestation must provide a statement to the competent authority confirming that the original of the official certificate or attestation will be submitted as soon as is feasible.
*TRACES is the Trade Control and Expert System referred to in the Official Control Regulation. It is used to record, trace and manage data and information on animals and products of animal origin.
Analysis, testing, or diagnosis can now be performed by any laboratory that has been temporarily designated by the competent authority, rather than only official laboratories that were allowed previously.
Distance communication (e.g. virtual meetings) can be used instead of face-to-face physical meetings to discuss official control measures and techniques referred to in Article 14 of the Official Controls Regulation.
There are no changes to duties for businesses.
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Jurisdiction: England
Commencement: 26th March 2020
Repeals: The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020
The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 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 also apply to individuals, requiring people not to leave their homes except for certain specified reasons.
The Regulations apply in England only (similar Regulations have been passed in Scotland, 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 Regulations repeal (and replace) The Health Protection (Coronavirus, Business Closure) (England) 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 Secretary of State issues a direction ending it.
The Secretary of State must review the need for the restrictions at least every 21 days, commencing 16th April 2020.
The Secretary of State 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 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.
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.
Any suitable premises may still be used to host blood donation services.
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.
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:
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).
These must remain closed to the public, except during a cremation or burial service.
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 following types of businesses are excluded from the restrictions set out in these Regulations and may therefore continue to operate:
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 or the Secretary of State.
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: 31st March 2020
Amends: The Feed-in Tariffs Order 2012 (SI 2012/2782) as amended
The Feed-in Tariffs Order 2012 (SI 2012/2782) as amended makes requirements for Feed in Tariffs. They set the maximum capacity for small scale low carbon electricity generation for Feed in Tariffs. The Regulations provide for the accreditation of installations, the operations of the registry and general administrative functions.
This Amendment Order extends the period for small-scale renewable electricity generators to apply for accreditation under the Feed-In-Tariff scheme (FIT scheme). Following closures of the FIT scheme, no new applications could be accredited with some limited exceptions such as microgeneration installations of up to 50kW, and community and school installations. The schemes which remain eligible needed to be pre-registered or pre-accredited to the FIT scheme and were required to apply for accreditation by a certain date (mostly by 31st March 2020). The coronavirus pandemic has made it impossible for those schemes to apply for accreditation within the required timeframe. Therefore these Regulations extend the date for application as detailed below.
Application for accreditation to the FIT scheme – community or school energy installations Where an application for pre-registration was received between 1st – 31st March 2019, the final date for application for accreditation is extended from 31st March 2020 to 30th September 2020.
Validity of pre-registration for community solar-photovoltaic schemes not exceeding 50kW
If the application for pre-registration was received between 1st – 30th March 2019, the validity of the pre-registration is extended from 31st March 2020 to 30th September 2020.
For wind, anaerobic digestion and hydroelectric installations, the validity of preliminary accreditation is extended by 6 months, or to 30th September 2020
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Jurisdiction: England
Commencement: 21st March 2020
Amends: Single Use Carrier Bags Charges (England) Order 2015
Single Use Carrier Bags Charges (England) Order 2015 brings into force the requirement of retailers with 250 or more employees to charge a minimum amount for unused single use (lightweight) plastic bags used for taking goods out of shops or for delivering them. The amount to be charged to customers for the use of a single use plastic bag is a minimum of 5p.
Single use carrier bags only intended for use to carry goods that have been purchased online for home delivery (e.g. bags used to hold groceries delivered to a household by a supermarket) do not need to be charged for between 21st March 2020 and 21st September 2020. After this date, large retailers will need to once again charge a minimum of 5 pence for single use carrier bags used for home delivery.
This 6 month exemption has been put in place as part of the response to the Coronavirus (COVID19) pandemic.
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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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