1. Background: The regulations

Since March 2020, the Welsh Government has made health protection regulations under the Public Health (Control of Disease) Act 1984 to manage the impact of the pandemic. The regulations have been frequently amended to reflect changes in the development of the pandemic.

The current regulations set out the rules at the four levels set out in the Welsh Government Coronavirus Control Plan, from a requirement to stay at home at level four to restrictions on gatherings and events at level four. They also set rules that apply at all alert levels, including requiring people to wear face coverings in certain situations and places.

The Welsh Government has generally made the health protection regulations using the urgency procedure set out in Section 45R of the Act. This procedure enables regulations to be made without a draft being laid before and approved by the Senedd, if the person making the regulations makes a declaration that they are ‘of the opinion that, by reason of urgency, it is necessary’ to do this. Such regulations must be approved by the Senedd within 28 days (subject to certain extensions). The Senedd has not voted to reject any health protection regulations during the pandemic.

2. Revoking the regulations

The Welsh Government would be able to revoke the health protection regulations by making secondary legislation under the Public Health (Control of Disease) Act 1984.

The regulations are made on a temporary basis. At the time of writing, the expiry date of the regulations is 25 February 2022.

The regulations also require the Welsh Government to review the need for the restrictions and requirements that they impose, and whether they are proportionate to what the Welsh Ministers seek to achieve by them, every 21 days.

3. Welsh Government response

The Minister for Health and Social Services responded to the petition on 15 December, when Wales was at alert level 0.

In the response, the Minister recognises that some measures to respond to the pandemic have been ‘very challenging’, but says they have been necessary to prevent the spread of the virus, save lives and protect the NHS.

The Minister states that the Welsh Government’s 21-day reviews of the regulations include ‘balancing the direct harms arising from coronavirus with the wider social, economic and wellbeing impact of measures’.

Every effort is made to ensure that the information contained in this briefing is correct at the time of publication. Readers should be aware that these briefings are not necessarily updated or otherwise amended to reflect subsequent changes.