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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 4) Regulations 2020 URL: http://www.bailii.org/wales/legis/num_reg/2020/wsi_2020529_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Regulations made by the Welsh Ministers, laid before Senedd Cymru under section 45R of the Public Health (Control of Disease) Act 1984 (c. 22), for approval by resolution of Senedd Cymru within twenty-eight days beginning with the day on which the instrument is made, subject to extension for periods of dissolution or recess for more than four days.
Welsh Statutory Instruments
Public Health, Wales
Made
20 May 2020
Laid before Senedd Cymru
21 May 2020
Coming into force
22 May 2020
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3)(c), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984(1).
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 Welsh Ministers consider that the amendments made by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, Senedd Cymru.
1. The title of these Regulations is the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 4) Regulations 2020 and they come into force on 22 May 2020.
2.-(1) The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020(2) are amended as follows.
(2) In regulation 3, in paragraph (1)(b), for the words from "day" to the end substitute "earlier of-
(i)the revocation of the provision imposing the requirement or restriction, or
(ii)the expiry of these Regulations under regulation 15."
(3) In regulation 13, in paragraph (8), for ", the amount of the fixed penalty is £120 and paragraph (7) does not apply." substitute
"-
(a)paragraph (7) does not apply, and
(b)the amount specified as the fixed penalty is to be-
(i)in the case of the second fixed penalty notice received, £120;
(ii)in the case of the third fixed penalty notice received, £240;
(iii)in the case of the fourth fixed penalty notice received, £480;
(iv)in the case of the fifth fixed penalty notice received, £960;
(v)in the case of the sixth and any subsequent fixed penalty notice received, £1920."
Mark Drakeford
First Minister, one of the Welsh Ministers
20 May 2020
(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.
Regulation 2 of these Regulations makes two amendments to the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 ("the principal Regulations").
Paragraph (3) amends regulation 13 of the principal Regulations to increase the amount of the fixed penalty for repeated breaches of the Regulations up to a maximum of £1920. The increased penalties apply to any fixed penalty notice issued on or after 22 May 2020. When determining the number of notices received by a person for the purposes of calculating the amount of fixed penalty, notices received before 22 May will be counted.
Paragraph (2) makes a minor amendment to regulation 3 of the principal Regulations consequential upon an amendment made to that regulation by regulation 2(2) of the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 3) Regulations 2020.
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.
1984 c. 22. Sections 45C, 45F and 45P were inserted by section 129 of the Health and Social Care Act 2008 (c. 14). The functions under these sections are conferred on "the appropriate Minister". Under section 45T(6) of the 1984 Act the appropriate Minister, as respects Wales, is the Welsh Ministers.
S.I. 2020/353 (W. 80) as amended by the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) Regulations 2020 (S.I. 2020/399 (W. 88)), the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/452 (W. 102)) and the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/497 (W. 118)).
