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

25 November 2020

Title: The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020
Amends/Commences:  None – New Regulation
Comes into force: 26th of May 2020  
Jurisdiction: Wales 

The Regulations make provision for local authorities to give directions relating to premises, events and public outdoor places in their area. A direction may only be given if the local authority considers that the public health, necessity and proportionality conditions below are met.

Directions by local authorities  

Local authorities have the right to give directions concerning individual premises, events or public places , in line with specific conditions. Welsh Ministers must be made aware of any direction given by a local authority. The local authority must review its decision concerning any direction given, at least once every 7 days.

Directions relating to individual premises  

Local authorities can give directions to: 

  • close premises; 

  • restrict entry to premises; 

  • restrict the use of premises; or 

  • restrict the number of people allowed on a premises.  

Directions relating to events  

Local authorities can give directions to: 

  • require an event to be stopped or not to be held; 

  • restrict entry to an event; or 

  • restrict the number of people attending an event.

Directions relating to public places 

Local authorities can give directions imposing prohibitions, requirements or restrictions concerning access to any public place within its area.

Both the local authority who gave the direction and anyone who owns, occupies or is responsible for land in a public place to which a direction relates to, must take reasonable steps to prevent or restrict public access to the public places.

Notification of directions to other local authorities  

Once a local authority has given a direction, it must send a copy of the direction to:

  • the Welsh Ministers;   

  • every other surrounding local authority; and  

  • the county or district council in England, if the Welsh local authority is adjacent.

The local authority that issued the direction is also required to publish the direction to bring it to the attention of those who may be affected by it.

Closure of public paths and access land  

Individuals are prohibited from using a public path or land which is closed, unless they are authorised by the relevant authority. Where there is a closure of public paths and access land, the relevant authority is required to:

  • publish on its own website, a list of public paths or access land closed in its area; and  

  • place notices in suitable places where they can be easily seen and read, to inform the public of the closure of public path or access land.

For more information click here.