Tuesday, 12 May 2020

Further amendments to the "Lockdown" Regulations for England

NOTE: From 1 June 2020 further amendments have been made. This post is retained for historical purposes.

12th May - The The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 - SI 2020/350- have been amended for the second time.

The first amendment - (discussed in this previous post) - was The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020 - SI 2020/447 - and came into force on 22 April 2020.

The second amendment is the The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 - SI 2020/500 - and came into force on 13 May 2020

The emergency procedure
provided for by the Public Health (Control of Disease) Act 1984 Part 2A has been used to make the Regulations and the two amendments.

The explanatory notes state that there are no plans to consolidate the amendments - (i.e. to bring the relevant Regulations together into a single document). This is very unfortunate given the extensive confusion which has arisen about what individuals are permitted to do.

In this post I have done the "cut and pasting" to Regulation 6 - Restrictions on Movement, Regulation 10 (Fixed penalties), and Schedule 2 (Businesses subject to either closure or restriction).

Amendments made by the first amendment regulations are shown in blue. Amendments made by the second amendment Regulations are shown in red.

NOTE: Amendments have also been made to the original Regulations 3 and 5. These are not considered here.

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Regulation 6 - Restrictions on Movement

6.—(1) During the emergency period, no person may leave or be outside of the place where they are living without reasonable excuse.

(2) For the purposes of paragraph (1), a reasonable excuse includes the need—

(a) to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household) or for vulnerable persons and supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person, including from any business listed in Part 3 of Schedule 2;


(aa)to obtain money from or deposit money with any business listed in paragraphs 33 or 34 of Schedule 2;

(ab) to collect goods which have been ordered from a business in any way permitted under regulation 5(1)(a);

(b) to take exercise—  (i) alone,  (ii) with one or more members of their household, or  (iii) with one member of another household;

(ba) to visit a public open space for the purposes of open-air recreation to promote their physical or mental health or emotional wellbeing—  (i) alone,  (ii) with one or more members of their household, or  (iii) with one member of another household;

(c) to seek medical assistance, including to access any of the services referred to in paragraph 37 or 38 of Schedule 2;

(d) to provide care or assistance, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006(1), to a vulnerable person, or to provide emergency assistance;

(e) to donate blood;

(f) to work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living;

(g) to attend a funeral of—

(i) a member of the person’s household,

(ii) a close family member, or

(iii) if no-one within sub-paragraphs (i) or (ii) are attending, a friend;

(ga) to visit a burial ground or garden of remembrance, to pay respects to a member of the person’s household, a family member or friend;

(h) to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(i) to access critical public services, including—

(i) childcare or educational facilities (where these are still available to a child in relation to whom that person is the parent, or has parental responsibility for, or care of the child);

(ii) social services;

(iii) services provided by the Department for Work and Pensions;

(iv) services provided to victims (such as victims of crime);

(j) in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;

(k) in the case of a minister of religion or worship leader, to go to their place of worship;

(l) to undertake any of the following activities in connection with the purchase, sale, letting or rental of a residential property—  (i) visiting estate or letting agents, developer sales offices or show homes;  (ii) viewing residential properties to look for a property to buy or rent;   (iii) preparing a residential property to move in;   (iv) moving home;  (v) visiting a residential property to undertake any activities required for the rental or sale of that property;

(m) to avoid injury or illness or to escape a risk of harm.



(n) to use a waste or recycling centre.

(3) For the purposes of paragraph (1), the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.

(4) Paragraph (1) does not apply to any person who is homeless.

(5) For the purposes of paragraph (2)(ba), “public open space” includes - 

(a) land laid out as a public garden or used for the purpose of recreation by members of the public; 

(b) land which is “open country” as defined in section 59(2) of the National Parks and Access to the Countryside Act 1949, as read with section 16 of the Countryside Act 1968; 

(c) land which is “access land” for the purposes of Part 1 of the Countryside and Rights of Way Act 2000 (see section 1(1) of that Act).

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Regulation 10 - Fixed penalties

10.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person reasonably believes—

(a) has committed an offence under these Regulations;

(b) is aged 18 or over.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to an authority specified in the notice.

(3) The authority specified in the notice must be—

(a) the local authority (or as the case may be, any of the local authorities) in whose area the offence is alleged to have been committed (“the relevant local authority”), or

(b) an officer designated by the Secretary of State, or by the relevant local authority, for the purposes of this regulation (“the designated officer”).

(4) Where a person is issued with a notice under this regulation in respect of an offence—

(a)no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice;

(b)the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(5) A fixed penalty notice must—

(a)give reasonably detailed particulars of the circumstances alleged to constitute the offence;

(b)state the period during which (because of paragraph (4)(a)) proceedings will not be taken for the offence;

(c)specify the amount of the fixed penalty;

(d)state the name and address of the person to whom the fixed penalty may be paid;

(e)specify permissible methods of payment.

(6) The amount specified under paragraph (5)(c) must, subject to paragraph (7), be £100.

(7) (a) Unless sub-paragraph (b) applies, a fixed penalty notice must specify that if £50 is paid before the end of the period of 14 days following the date of the notice that is the amount of the fixed penalty;

(b)if the person to whom a fixed penalty notice is given has already received a fixed penalty notice under these Regulations—

(i)sub-paragraph (a) does not apply, and

(ii)the amount specified as the fixed penalty is to be—

(aa)in the case of the second fixed penalty notice received, £200;

(bb) in the case of the third fixed penalty notice received, £400; (cc) in the case of the fourth fixed penalty notice received, £800; (dd) in the case of the fifth fixed penalty notice received, £1,600; (ee) in the case of the sixth and subsequent fixed penalty notices, £3,200.

(8) Whatever other method may be specified under paragraph (5)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (5)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(9) Where a letter is sent as mentioned in paragraph (8), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(10) In any proceedings, a certificate—

(a)that purports to be signed by or on behalf of—

(i)the chief finance officer of the relevant local authority, where the authority to which payment is made is a local authority, or

(ii)the designated officer, where that officer is the authority to which payment is made; and


(b)states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

(11) In this regulation—

(a)“authorised person” means—

(i)a constable;

(ii)a police community support officer;

(iii)a person designated by the Secretary of State for the purposes of this regulation;

(iv)subject to paragraph (12), a person designated by the relevant local authority for the purposes of this regulation;

(b)a “chief finance officer”, in relation to a local authority, means the person with responsibility for the authority’s financial affairs.


(c)references to a “local authority” include references to a county council.

(12) The relevant local authority may only designate a person for the purposes of this regulation to issue fixed penalty notices where the alleged offence relates to the contravention of a requirement or restriction in regulation 4 or 5.

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SCHEDULE 2 - Businesses subject to restrictions or closure

PART 1

1.  Restaurants, including restaurants and dining rooms in hotels or members’ clubs.

2.—(1) Cafes, including workplace canteens (subject to sub-paragraph (2)), but not including—

(a)cafes or canteens at a hospital, care home or school;

(b)canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence;

(c)services providing food or drink to the homeless.

(2) Workplace canteens may remain open where there is no practical alternative for staff at that workplace to obtain food.

3.  Bars, including bars in hotels or members’ clubs.

4.  Public houses.

PART 2

5.  Cinemas.

6.  Theatres.

7.  Nightclubs.

8.  Bingo halls.

9.  Concert halls.

10.  Museums and galleries.

11.  Casinos.

12.  Betting shops.

13.  Spas.

14.  Nail, beauty, hair salons and barbers.

15.  Massage parlours.

16.  Tattoo and piercing parlours.

17.  Skating rinks.

18.  Indoor fitness studios, gyms, swimming pools, bowling alleys, amusement arcades or soft play areas or other indoor leisure centres or facilities.

19.  Funfairs (whether outdoors or indoors).

20.  Playgrounds, indoor sports courts and outdoor gyms and outdoor swimming pools.

21.  Outdoor markets (except for livestock markets and stalls selling food).

22.  Car showrooms.

23.  Auction Houses (except for livestock auctions).

PART 3

24.  Food retailers, including food markets, supermarkets, convenience stores and corner shops.

25.  Off licenses and licensed shops selling alcohol (including breweries).

26.  Pharmacies (including non-dispensing pharmacies) and chemists.

27.  Newsagents.

28.  Homeware, building supplies and hardware stores.

29.  Petrol stations.

30.  Car repair and MOT services.

31.  Bicycle shops.

32.  Taxi or vehicle hire businesses.

33.  The following businesses—

(a)banks,

(b)building societies,

(c)credit unions,

(d)short term loan providers,

(e)savings clubs,

(f)cash points, and

(g)undertakings which by way of business operate currency exchange offices, transmit money (or any representation of money) by any means or cash cheques which are made payable to customers.
.

34.  Post offices.

35.  Funeral directors.

36.  Laundrettes and dry cleaners.

37.  Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health.

38.  Veterinary surgeons and pet shops.

39.  Agricultural supplies shop.

40.  Storage and distribution facilities, including delivery drop off or collection points, where the facilities are in the premises of a business included in this Part.

41.  Car parks.

42.  Public toilets.

43. Garden centres.

44. Outdoor sports courts.


Addendum 13 May: 

An amended version of the Regulations has been made available  on the legislation website.

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