The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 have been amended for the fourth time. The amending legislation is The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 4) Regulations 2020 -SI 2020/588. This was, yet again, made using the "emergency procedure" in section 45R of the Public Health (Control of Disease) Act 1984.
An Explanatory Memorandum is available. This states - "This instrument makes a number of changes to the Restrictions Regulations to enable and support gradual relaxation of restriction measures whilst amending, but crucially, keeping in place public health measures to continue to reduce public health risks posed by the incidence and spread SARS-CoV-2. The relaxations will facilitate the country's economic recovery by opening non-essential retail premises. The relaxations will also enable certain important aspects of public and private life to continue in a controlled manner."
The amendments are a further easing of the "lockdown" in a number of areas - e.g. relating to certain businesses or activities and there is
a new concept of "linked household" which finds its way into Regulation 6 (Restrictions on Movement) and Regulation 7 (Restrictions on Gatherings).
Unfortunately, the "cut and pasting" is producing a dog's dinner ! My attempt at providing an updated version is below.
Wales, Scotland, Northern Ireland have separate legislation - see the Table at the end of this post for links.
Commencement:
The amendments come into force as set out in the amending legislation. For present purposes it will suffice to note that some amendments are in force from 13 June and the remainder from 15 June 2020.
Amendments:
Regulation
1 (Citation, commencement,, application and interpretation) -definitions are added. "Child" means a person under the age of 18.
"Linked household" has the meaning given in a new Regulation 7A(3).
Some words are omitted from paragraph (ab).
Regulation 2 (Revocation and saving) - unchanged
Regulation 3 (The emergency period and review of need for rsetrictions) - unchanged.
Regulation 4 (Requirement to close premises and businesses during the emergency). Reg 4 is amended to enable those businesses or services which are required to be closed under Part 2 of Schedule 2 to carry on business in a shop or from a restaurant or café (for takeaway service only) which is self-contained and can be accessed directly from outside the premises. As amended Reg 4 reads:
4.—(1) A person responsible for carrying on a business which is listed in Part 1 of Schedule 2 must—
(a) during the emergency period—
(i) close any premises, or part of the premises, in which food or drink are sold for consumption on those premises, and
(ii) cease selling food or drink for consumption on its premises; or
(b) if the business sells food or drink for consumption off the premises, cease selling food or drink for consumption on its premises during the emergency period.
(2) For the purposes of paragraph (1)(a), food or drink sold by a hotel or other accommodation as part of room service is not to be treated as being sold for consumption on its premises.
(3) For the purposes of paragraph (1)(a)(ii) and (b), an area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.
(4) A person responsible for carrying on a business or providing a service which is listed in Part 2 of Schedule 2 must cease to carry on that business or to provide that service during the emergency period.
(5) Paragraph (4) does not prevent the use of—
(a) premises used for the businesses or services listed in paragraphs 5, 6, 8, 9 or 10 of that Part to broadcast a performance to people outside the premises, whether over the internet or as part of a radio or television broadcast;
(b) any suitable premises used for the businesses or services listed in that Schedule to host blood donation sessions.
(c) facilities for training for elite athletes, including indoor fitness studios, gyms, sports courts, indoor or outdoor swimming pools and other indoor leisure centres.]
(6) If a business listed in Part 1 or 2 of Schedule 2 (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) if it closes down business A.
7) Paragraph (4) does not prevent a person responsible for carrying on a business or providing a service listed in Part 2 of Schedule 2 (“the closed business”)—
(a) carrying on a business of offering goods for sale or for hire—
(i) in a shop which is separate from the premises used for the closed business; or
(ii) by making deliveries or otherwise providing services in response to orders received—
(aa) through a website, or otherwise by on-line communication,
(bb) by telephone, including orders by text message, or
(cc) by post;
(b) from operating a café or restaurant solely to sell food or drink for consumption off the premises, if the café or restaurant is separate from the premises used for the closed business.
(8) For the purposes of paragraph (7), a shop, café or restaurant (“SCR”) is separate from premises used for the closed business if—
(a) the SCR is in a self-contained unit, and
(b) it is possible for a member of the public to enter the SCR from a place outside those premises.”
Regulation 5 (Further restrictions and closures during the emergency period). Amended to allow for reopening of non-essential retail. As amended regulation 5(1) relates solely to libraries. Libraries may not reopen except for click and collect services but may open a shop or café or restaurant (for takeaway service only) which is separate from the premises and accessible from outside. As the business closure provisions (apart from libraries) in regulation 5(1) have been removed Part 3 of Schedule 2 (which lists exceptions to those business closure provisions) has also been removed.
Reg 5 is further amended to allow private prayer by individuals in places of worship and to enable self-contained shops in places of worship which can be accessed from outside the premises to open and cafes and restaurants (which meet the same conditions) to offer takeaway service. The amended Regulation also permits the holding of indoor markets in community centres. Reg 5 as amended reads -
5.—(1) A person responsible for providing library services (“the library services provider”) must, during the emergency period -
(a) cease to provide that service except by making deliveries or otherwise providing services in response to orders received—
(i) through a website, or otherwise by on-line communication,
(ii) by telephone, including orders by text message, or
(iii) by post;
(b) close any premises which are not required to provide its services as permitted by sub-paragraph (a);
(c) cease to admit any person to its premises who is not required to provide its service as permitted by sub-paragraph (a).
(2) Paragraph (1) does not prevent the library services provider—
(a) carrying on a business of offering goods for sale or for hire—
(i) in a shop which is separate from the premises usually used for the provision of library services (“the library premises”); or
(ii) by making deliveries in any way permitted under paragraph (1)(a);
(b) from operating a café or restaurant solely to sell food or drink for consumption off the premises, if the café or restaurant is separate from the library premises.
(3) Subject to paragraph (4), a person responsible for carrying on a business consisting of the provision of holiday accommodation, whether in a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house, must cease to carry on that business during the emergency period.
(4) A person referred to in paragraph (3) may continue to carry on their business and keep any premises used in that business open—
(a) to provide accommodation for any person, who—
(i) is unable to return to their main residence;
(ii) uses that accommodation as their main residence;
(iii) needs accommodation while moving house;
(iv) needs accommodation to attend a funeral;
(v) is isolating themselves from others as required by law;
(vi) is an elite athlete, the coach of an elite athlete, or (in the case of an elite athlete who is under the age of 18), the parent of an elite athlete, and needs accommodation for the purposes of training or competition;]
(aa) to provide accommodation for any person—
(i) who works in one of the critical sectors listed in the guidance titled “Guidance for critical workers who can access schools or educational settings” published by the Cabinet Office and the Department for Education and updated on 5th May 2020, and
(ii) whose need for accommodation is connected to their work;]
(b) to provide accommodation or support services for the homeless,
(c) to host blood donation sessions, or
(d)for any purpose requested by the Secretary of State, or a local authority.
(5) A person who is responsible for a place of worship must ensure that, during the emergency period, the place of worship is closed, except for uses permitted in paragraph (6).
(6) A place of worship may be used -
(a) for funerals,
(b) to broadcast an act of worship, whether over the internet or as part of a radio or television broadcast, F3...
(c) to provide essential voluntary services or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency)
(d) for early years childcare provided by a person registered on the Early Years Register under Part 3 of the Childcare Act 2006 or
(e) for private prayer by individuals, and for these purposes, “private prayer” means prayer which does not form part of communal worship.
(6A) Paragraph (5) does not prevent the person responsible for the place of worship -
(a) carrying on a business of offering goods for sale or for hire—
(i) in a shop which is separate from the place of worship, or
(ii) by making deliveries or otherwise providing services in response to orders received—
(aa) through a website, or otherwise by on-line communication,
(bb) by telephone, including orders by text message, or
(cc) by post;
(b) from operating a café or restaurant solely to sell food or drink for consumption off the premises, if the café or restaurant is separate from the place of worship.
(6B) For the purposes of paragraphs (2) and (6A), a shop, café or restaurant (“SCR”) is separate from a place of worship or library premises if—
(a) the SCR is in a self-contained unit, and
(b) it is possible for a member of the public to enter the SCR from a place outside the place of worship or library premises.
(7) A person who is responsible for a community centre must ensure that, during the emergency period, the community centre is closed except where it is used—
(a) to provide essential voluntary activities or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency),
(b) for early years childcare provided by a person registered on the Early Years Register under Part 3 of the Childcare Act 2006 , or
(c) to host an indoor market
(8) Subject to paragraph (8A), A person who is responsible for a crematorium ... must ensure that, during the emergency period, the crematorium is closed to members of the public, except for funerals or burials.
(8A) Paragraph (8) does not apply to the grounds surrounding a crematorium, including any burial ground or garden of remembrance.]
(9) If a business referred to in paragraph (2) or (3) (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (2) or (3) to cease to carry on its business if it ceases to carry on business A.
Regulation 6 (Restrictions on Movement). Amendments enable those who have formed a bubble with a linked household to stay overnight at the home of that linked household. Also, a person may stay away from home overnight where it is necessary to attend a birth or for compassionate visits as permitted by regulation 7. Reg 6 as amended reads:
6.—(1) No person may, without reasonable excuse, stay overnight at any place other than the place where they are living or where their linked household is living.
(2) For the purposes of paragraph (1), the circumstances in which a person (“P”) has a reasonable excuse include cases where—
(a) P needs to stay elsewhere to attend a funeral, as—
(i) a member of the deceased person’s household,
(ii) a close family member of the deceased person, or
(iii) if no-one within paragraph (i) or (ii) is attending, a friend of the deceased person;
(b) P is an elite athlete, a coach of an elite athlete, or (in the case of an elite athlete who is under the age of 18), a parent of the elite athlete, and needs to stay elsewhere for the purposes of training or competition;
(c) P needs to stay elsewhere while moving house;
(d) it is reasonably necessary for P to stay elsewhere—
(i) for work purposes, or for the provision of voluntary or charitable services;
(ii) to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006;
(iii) to provide emergency assistance;
(iv) to avoid injury or illness, or to escape a risk of harm;
(v) to obtain medical assistance;
(vi) to enable P to attend a birth or make a visit as permitted by regulation 7(2)(g), (h) or (i)
(e) P needs to stay elsewhere to fulfil a legal obligation or participate in legal proceedings;
(f) P is a child that does not live in the same household as their parents, or one of their parents, and the overnight stay is necessary to continue existing arrangements for access to, and contact between, parents and children;
(g) P is unable to return to the place where P lives, because—
(i) it is not safe for P to live there,
(ii) P may not lawfully travel there, or is required by law to stay in another place, or
(iii) the place where P is living is not available to P for any other reason.
(3) Paragraph (1) does not apply to any person who is homeless.
(4) 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
Regulation 7 (Restrictions on Gatherings). The amendments enable people to gather for birth and end of life, visit those in hospitals, hospices and care homes and to support someone with a medical appointment.
There is an exception to the gatherings limit for members of a household or linked households attending a drive-in cinema in a car or other vehicle.
A further amendment enables single occupancy households (those with only one adult member) to gather together with the members of another household (“a linked household”) with which they have formed a support bubble. Reg 7 as amended reads:
7.—(1) During the emergency period, unless paragraph (2) applies, no person may participate in a gathering which takes place in a public or private place—
(a) outdoors, and consists of more than six persons, or
(b) indoors, and consists of two or more persons.
(2) This paragraph applies where—
(a) all the persons in the gathering are members of the same household or members of two households which are linked households in relation to each other;
(b) the person is attending a funeral, as—
(i) a member of the deceased person’s household,
(ii) a close family member of the deceased person, or
(iii) if no-one within paragraph (i) or (ii) is attending, a friend of the deceased person;
(c) the person concerned is an elite athlete, the coach of an elite athlete, or (in the case of an elite athlete under the age of 18), the parent of an elite athlete, and the gathering is necessary for training or competition;
(ca) the person concerned is attending a drive-in cinema in a car or other vehicle, and the people in the vehicle are members of the same household, or of two households which are linked households in relation to each other;
(d) the gathering is reasonably necessary—
(i)for work purposes, or for the provision of voluntary or charitable services;
(ii) to facilitate a house move;
(iii) to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006;
(iv) to provide emergency assistance;
(v)f or the purposes of early years childcare provided by a person registered on the Early Years Register under Part 3 of the Childcare Act 2006;
(vi) to enable one or more persons in the gathering to avoid injury or illness or to escape a risk of harm;
(vii) to continue existing arrangements for access to, and contact between, parents and children where the children do not live in the same household as their parents, or one of their parents;
(e) the person concerned is fulfilling a legal obligation or participating in legal proceedings;
(f) the gathering takes place at an educational facility and is reasonably necessary for the purposes of education.
(g) the person concerned is attending a person giving birth (“M”), at M’s request;
(h) the person concerned (“P”) is visiting a person P reasonably believes is dying (“D”), and P is—
(i) a member of D’s household,
(ii) a close family member of D,
(iii) a friend of D, or
(iv) where no-one falling within paragraphs (i) to (iii) is visiting D, any other person;
(i) the person concerned (“P”) is visiting a person (“V”) receiving treatment in a hospital or staying in a hospice or care home, or is accompanying V to a medical appointment and P is—
(i) a member of V’s household,
(ii) a close family member of V, or
(iii) a friend of V,
and for these purposes, “care home” has the meaning given in section 3 of the Care Standards Act 2000(2).
(3) For the purposes of this regulation—
(a) there is a gathering when two or more people are present together in the same place in order to engage in any form of social interaction with each other, or to undertake any other activity with each other;
(b) a place is indoors if it would be considered to be enclosed or substantially enclosed for the purposes of section 2 of the Health Act 2006, under the Smoke Free (Premises and Enforcement) Regulations 2006
New Regulation 7A (Linked households) - This is inserted to make provision setting out the circumstances in which linked households may form a bubble. It reads:
7A.—(1) Where a household comprises one adult, or one adult and one or more persons who are under the age of 18 on 12th June 2020 (“the first household”), the adult may choose to be linked with one other household (“the second household”), provided that—
(a) the second household is not linked with any other household; and
(b) all the adult members of the second household agree.
(2) There is no limit on the number of adults or children which may be in the second household.
(3) The first and second households are “linked households” in relation to each other.
(4) The first and second households cease to be linked households if neither household satisfies the condition in the opening words of paragraph (1).
(5) Once the first and second households have ceased being linked households, neither the first household nor the second household may be linked with any other household.
Regulation 8 (Enforcement of requirements) - is unchanged.
Regulations 9 (Offences and Penalties) - 9(2) is amended to clarify that obstruction of local authority officers and any other relevant person under regulation 8 is an offence
Regulation 10 (Fixed penalty notices) - 10(12) is amended to clarify that a local authority may designate persons to issue fixed penalty notices for the offence of obstruction under regulation 9(2).
Regulation 11 (Prosecutions), 12 (Expiry) - are both unchanged. Re prosecutions also see The Public Health (Control of Disease) Act 1984 section 64,
Schedule 1 - Underlying medical conditions - unchanged
Schedule 2 -is amended: a. To allow betting shops to open b. To allow retail galleries to open. c. To allow the outdoor areas of zoos, safari parks, aquariums and outdoor visitor attractions at farms or other animal attractions to open. Attractions offering visitors physical contact with animals are not allowed to open, with the exception of horse-riding stables. d. To allow drive-in cinemas to open e. To allow auction houses to open f. To allow shops to open at attractions such as botanical gardens, heritage sites and landmarks such as observation wheels. Schedule 2 as amended reads:
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 except for drive-in cinemas.
6. Theatres.
7. Nightclubs.
8. Bingo halls.
9. Concert halls.
10. Museums and galleries but not including retail galleries, where the majority of the art on display is for sale.
11. Casinos.
12. Para Removed - related to 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, including indoor games, recreation and entertainment venues.
19. Funfairs (whether outdoors or indoors) and adventure parks and activities.
20. Playgrounds, indoor sports courts and outdoor gyms and outdoor swimming pools.
Paras 21 to 23 - removed
Regulation 2 (Revocation and saving) - unchanged
Regulation 3 (The emergency period and review of need for rsetrictions) - unchanged.
Regulation 4 (Requirement to close premises and businesses during the emergency). Reg 4 is amended to enable those businesses or services which are required to be closed under Part 2 of Schedule 2 to carry on business in a shop or from a restaurant or café (for takeaway service only) which is self-contained and can be accessed directly from outside the premises. As amended Reg 4 reads:
4.—(1) A person responsible for carrying on a business which is listed in Part 1 of Schedule 2 must—
(a) during the emergency period—
(i) close any premises, or part of the premises, in which food or drink are sold for consumption on those premises, and
(ii) cease selling food or drink for consumption on its premises; or
(b) if the business sells food or drink for consumption off the premises, cease selling food or drink for consumption on its premises during the emergency period.
(2) For the purposes of paragraph (1)(a), food or drink sold by a hotel or other accommodation as part of room service is not to be treated as being sold for consumption on its premises.
(3) For the purposes of paragraph (1)(a)(ii) and (b), an area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.
(4) A person responsible for carrying on a business or providing a service which is listed in Part 2 of Schedule 2 must cease to carry on that business or to provide that service during the emergency period.
(5) Paragraph (4) does not prevent the use of—
(a) premises used for the businesses or services listed in paragraphs 5, 6, 8, 9 or 10 of that Part to broadcast a performance to people outside the premises, whether over the internet or as part of a radio or television broadcast;
(b) any suitable premises used for the businesses or services listed in that Schedule to host blood donation sessions.
(c) facilities for training for elite athletes, including indoor fitness studios, gyms, sports courts, indoor or outdoor swimming pools and other indoor leisure centres.]
(6) If a business listed in Part 1 or 2 of Schedule 2 (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) if it closes down business A.
7) Paragraph (4) does not prevent a person responsible for carrying on a business or providing a service listed in Part 2 of Schedule 2 (“the closed business”)—
(a) carrying on a business of offering goods for sale or for hire—
(i) in a shop which is separate from the premises used for the closed business; or
(ii) by making deliveries or otherwise providing services in response to orders received—
(aa) through a website, or otherwise by on-line communication,
(bb) by telephone, including orders by text message, or
(cc) by post;
(b) from operating a café or restaurant solely to sell food or drink for consumption off the premises, if the café or restaurant is separate from the premises used for the closed business.
(8) For the purposes of paragraph (7), a shop, café or restaurant (“SCR”) is separate from premises used for the closed business if—
(a) the SCR is in a self-contained unit, and
(b) it is possible for a member of the public to enter the SCR from a place outside those premises.”
Regulation 5 (Further restrictions and closures during the emergency period). Amended to allow for reopening of non-essential retail. As amended regulation 5(1) relates solely to libraries. Libraries may not reopen except for click and collect services but may open a shop or café or restaurant (for takeaway service only) which is separate from the premises and accessible from outside. As the business closure provisions (apart from libraries) in regulation 5(1) have been removed Part 3 of Schedule 2 (which lists exceptions to those business closure provisions) has also been removed.
Reg 5 is further amended to allow private prayer by individuals in places of worship and to enable self-contained shops in places of worship which can be accessed from outside the premises to open and cafes and restaurants (which meet the same conditions) to offer takeaway service. The amended Regulation also permits the holding of indoor markets in community centres. Reg 5 as amended reads -
5.—(1) A person responsible for providing library services (“the library services provider”) must, during the emergency period -
(a) cease to provide that service except by making deliveries or otherwise providing services in response to orders received—
(i) through a website, or otherwise by on-line communication,
(ii) by telephone, including orders by text message, or
(iii) by post;
(b) close any premises which are not required to provide its services as permitted by sub-paragraph (a);
(c) cease to admit any person to its premises who is not required to provide its service as permitted by sub-paragraph (a).
(2) Paragraph (1) does not prevent the library services provider—
(a) carrying on a business of offering goods for sale or for hire—
(i) in a shop which is separate from the premises usually used for the provision of library services (“the library premises”); or
(ii) by making deliveries in any way permitted under paragraph (1)(a);
(b) from operating a café or restaurant solely to sell food or drink for consumption off the premises, if the café or restaurant is separate from the library premises.
(3) Subject to paragraph (4), a person responsible for carrying on a business consisting of the provision of holiday accommodation, whether in a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house, must cease to carry on that business during the emergency period.
(4) A person referred to in paragraph (3) may continue to carry on their business and keep any premises used in that business open—
(a) to provide accommodation for any person, who—
(i) is unable to return to their main residence;
(ii) uses that accommodation as their main residence;
(iii) needs accommodation while moving house;
(iv) needs accommodation to attend a funeral;
(v) is isolating themselves from others as required by law;
(vi) is an elite athlete, the coach of an elite athlete, or (in the case of an elite athlete who is under the age of 18), the parent of an elite athlete, and needs accommodation for the purposes of training or competition;]
(aa) to provide accommodation for any person—
(i) who works in one of the critical sectors listed in the guidance titled “Guidance for critical workers who can access schools or educational settings” published by the Cabinet Office and the Department for Education and updated on 5th May 2020, and
(ii) whose need for accommodation is connected to their work;]
(b) to provide accommodation or support services for the homeless,
(c) to host blood donation sessions, or
(d)for any purpose requested by the Secretary of State, or a local authority.
(5) A person who is responsible for a place of worship must ensure that, during the emergency period, the place of worship is closed, except for uses permitted in paragraph (6).
(6) A place of worship may be used -
(a) for funerals,
(b) to broadcast an act of worship, whether over the internet or as part of a radio or television broadcast, F3...
(c) to provide essential voluntary services or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency)
(d) for early years childcare provided by a person registered on the Early Years Register under Part 3 of the Childcare Act 2006 or
(e) for private prayer by individuals, and for these purposes, “private prayer” means prayer which does not form part of communal worship.
(6A) Paragraph (5) does not prevent the person responsible for the place of worship -
(a) carrying on a business of offering goods for sale or for hire—
(i) in a shop which is separate from the place of worship, or
(ii) by making deliveries or otherwise providing services in response to orders received—
(aa) through a website, or otherwise by on-line communication,
(bb) by telephone, including orders by text message, or
(cc) by post;
(b) from operating a café or restaurant solely to sell food or drink for consumption off the premises, if the café or restaurant is separate from the place of worship.
(6B) For the purposes of paragraphs (2) and (6A), a shop, café or restaurant (“SCR”) is separate from a place of worship or library premises if—
(a) the SCR is in a self-contained unit, and
(b) it is possible for a member of the public to enter the SCR from a place outside the place of worship or library premises.
(7) A person who is responsible for a community centre must ensure that, during the emergency period, the community centre is closed except where it is used—
(a) to provide essential voluntary activities or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency),
(b) for early years childcare provided by a person registered on the Early Years Register under Part 3 of the Childcare Act 2006 , or
(c) to host an indoor market
(8) Subject to paragraph (8A), A person who is responsible for a crematorium ... must ensure that, during the emergency period, the crematorium is closed to members of the public, except for funerals or burials.
(8A) Paragraph (8) does not apply to the grounds surrounding a crematorium, including any burial ground or garden of remembrance.]
(9) If a business referred to in paragraph (2) or (3) (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (2) or (3) to cease to carry on its business if it ceases to carry on business A.
Regulation 6 (Restrictions on Movement). Amendments enable those who have formed a bubble with a linked household to stay overnight at the home of that linked household. Also, a person may stay away from home overnight where it is necessary to attend a birth or for compassionate visits as permitted by regulation 7. Reg 6 as amended reads:
6.—(1) No person may, without reasonable excuse, stay overnight at any place other than the place where they are living or where their linked household is living.
(2) For the purposes of paragraph (1), the circumstances in which a person (“P”) has a reasonable excuse include cases where—
(a) P needs to stay elsewhere to attend a funeral, as—
(i) a member of the deceased person’s household,
(ii) a close family member of the deceased person, or
(iii) if no-one within paragraph (i) or (ii) is attending, a friend of the deceased person;
(b) P is an elite athlete, a coach of an elite athlete, or (in the case of an elite athlete who is under the age of 18), a parent of the elite athlete, and needs to stay elsewhere for the purposes of training or competition;
(c) P needs to stay elsewhere while moving house;
(d) it is reasonably necessary for P to stay elsewhere—
(i) for work purposes, or for the provision of voluntary or charitable services;
(ii) to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006;
(iii) to provide emergency assistance;
(iv) to avoid injury or illness, or to escape a risk of harm;
(v) to obtain medical assistance;
(vi) to enable P to attend a birth or make a visit as permitted by regulation 7(2)(g), (h) or (i)
(e) P needs to stay elsewhere to fulfil a legal obligation or participate in legal proceedings;
(f) P is a child that does not live in the same household as their parents, or one of their parents, and the overnight stay is necessary to continue existing arrangements for access to, and contact between, parents and children;
(g) P is unable to return to the place where P lives, because—
(i) it is not safe for P to live there,
(ii) P may not lawfully travel there, or is required by law to stay in another place, or
(iii) the place where P is living is not available to P for any other reason.
(3) Paragraph (1) does not apply to any person who is homeless.
(4) 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
Regulation 7 (Restrictions on Gatherings). The amendments enable people to gather for birth and end of life, visit those in hospitals, hospices and care homes and to support someone with a medical appointment.
There is an exception to the gatherings limit for members of a household or linked households attending a drive-in cinema in a car or other vehicle.
A further amendment enables single occupancy households (those with only one adult member) to gather together with the members of another household (“a linked household”) with which they have formed a support bubble. Reg 7 as amended reads:
7.—(1) During the emergency period, unless paragraph (2) applies, no person may participate in a gathering which takes place in a public or private place—
(a) outdoors, and consists of more than six persons, or
(b) indoors, and consists of two or more persons.
(2) This paragraph applies where—
(a) all the persons in the gathering are members of the same household or members of two households which are linked households in relation to each other;
(b) the person is attending a funeral, as—
(i) a member of the deceased person’s household,
(ii) a close family member of the deceased person, or
(iii) if no-one within paragraph (i) or (ii) is attending, a friend of the deceased person;
(c) the person concerned is an elite athlete, the coach of an elite athlete, or (in the case of an elite athlete under the age of 18), the parent of an elite athlete, and the gathering is necessary for training or competition;
(ca) the person concerned is attending a drive-in cinema in a car or other vehicle, and the people in the vehicle are members of the same household, or of two households which are linked households in relation to each other;
(d) the gathering is reasonably necessary—
(i)for work purposes, or for the provision of voluntary or charitable services;
(ii) to facilitate a house move;
(iii) to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006;
(iv) to provide emergency assistance;
(v)f or the purposes of early years childcare provided by a person registered on the Early Years Register under Part 3 of the Childcare Act 2006;
(vi) to enable one or more persons in the gathering to avoid injury or illness or to escape a risk of harm;
(vii) to continue existing arrangements for access to, and contact between, parents and children where the children do not live in the same household as their parents, or one of their parents;
(e) the person concerned is fulfilling a legal obligation or participating in legal proceedings;
(f) the gathering takes place at an educational facility and is reasonably necessary for the purposes of education.
(g) the person concerned is attending a person giving birth (“M”), at M’s request;
(h) the person concerned (“P”) is visiting a person P reasonably believes is dying (“D”), and P is—
(i) a member of D’s household,
(ii) a close family member of D,
(iii) a friend of D, or
(iv) where no-one falling within paragraphs (i) to (iii) is visiting D, any other person;
(i) the person concerned (“P”) is visiting a person (“V”) receiving treatment in a hospital or staying in a hospice or care home, or is accompanying V to a medical appointment and P is—
(i) a member of V’s household,
(ii) a close family member of V, or
(iii) a friend of V,
and for these purposes, “care home” has the meaning given in section 3 of the Care Standards Act 2000(2).
(3) For the purposes of this regulation—
(a) there is a gathering when two or more people are present together in the same place in order to engage in any form of social interaction with each other, or to undertake any other activity with each other;
(b) a place is indoors if it would be considered to be enclosed or substantially enclosed for the purposes of section 2 of the Health Act 2006, under the Smoke Free (Premises and Enforcement) Regulations 2006
New Regulation 7A (Linked households) - This is inserted to make provision setting out the circumstances in which linked households may form a bubble. It reads:
7A.—(1) Where a household comprises one adult, or one adult and one or more persons who are under the age of 18 on 12th June 2020 (“the first household”), the adult may choose to be linked with one other household (“the second household”), provided that—
(a) the second household is not linked with any other household; and
(b) all the adult members of the second household agree.
(2) There is no limit on the number of adults or children which may be in the second household.
(3) The first and second households are “linked households” in relation to each other.
(4) The first and second households cease to be linked households if neither household satisfies the condition in the opening words of paragraph (1).
(5) Once the first and second households have ceased being linked households, neither the first household nor the second household may be linked with any other household.
Regulation 8 (Enforcement of requirements) - is unchanged.
Regulations 9 (Offences and Penalties) - 9(2) is amended to clarify that obstruction of local authority officers and any other relevant person under regulation 8 is an offence
Regulation 10 (Fixed penalty notices) - 10(12) is amended to clarify that a local authority may designate persons to issue fixed penalty notices for the offence of obstruction under regulation 9(2).
Regulation 11 (Prosecutions), 12 (Expiry) - are both unchanged. Re prosecutions also see The Public Health (Control of Disease) Act 1984 section 64,
Schedule 1 - Underlying medical conditions - unchanged
Schedule 2 -is amended: a. To allow betting shops to open b. To allow retail galleries to open. c. To allow the outdoor areas of zoos, safari parks, aquariums and outdoor visitor attractions at farms or other animal attractions to open. Attractions offering visitors physical contact with animals are not allowed to open, with the exception of horse-riding stables. d. To allow drive-in cinemas to open e. To allow auction houses to open f. To allow shops to open at attractions such as botanical gardens, heritage sites and landmarks such as observation wheels. Schedule 2 as amended reads:
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 except for drive-in cinemas.
6. Theatres.
7. Nightclubs.
8. Bingo halls.
9. Concert halls.
10. Museums and galleries but not including retail galleries, where the majority of the art on display is for sale.
11. Casinos.
12. Para Removed - related to 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, including indoor games, recreation and entertainment venues.
19. Funfairs (whether outdoors or indoors) and adventure parks and activities.
20. Playgrounds, indoor sports courts and outdoor gyms and outdoor swimming pools.
Paras 21 to 23 - removed
23A. Social clubs.
23B. Model villages.
23C. Indoor attractions (within the meaning given
in paragraph 23E(2)) at aquariums, zoos, safari parks, farms, wildlife centres
and any place where animals are exhibited to the public as an attraction.
23D.
removed
23E.—(1)
Indoor attractions at visitor attractions such as—
(a)
botanical or other gardens, biomes or greenhouses;
(b)
heritage sites or film studios;
(c)
landmarks, including observation wheels or viewing platforms
(2) For
the purposes of sub-paragraph (1), an “indoor attraction” means those parts of
a venue, including visitor centres but not including toilets for visitors,
which - (a)would be considered to be enclosed or substantially enclosed for the
purposes of section 2 of the Health Act 2006 under the Smoke Free (Premises and
Enforcement) Regulations 2006; and (b)are, in normal times, open for members of
the public to visit for the purposes of recreation, whether or not for payment.
PART 3-
Part 3 is removed entirely
The legislation:
: Regulations around the UK :
No comments:
Post a Comment