14 June 2020

"Linked households" - or "bubbles"

Pride and Prejudice - Jane Austen
From 4 July 2020 the Regulations referred to in this post are replaced by new Regulations - see here. This post has been retained for record purposes.

Regulation 6 of The Health Protection (Coronavirus, Restrictions)(England) Regulations 2020 (as amended) states:

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.

Regulation 6(1) prohibits persons staying overnight other than at home or in a linked household or if one of the other exceptions in Regulation 6 applies.  (The list in Regulation 6 is non-exhaustive).

Regulation 7 of

12 June 2020

Coronavirus Restrictions legislation ~ further amendments

From 4 July 2020 the Regulations referred to in this post are replaced by new Regulations - see here. This post has been retained for record purposes.
 
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

07 June 2020

Quarantine Regulations ~ an overview

Update - From 10 July the law has been amended by The Health Protection (Coronavirus, International Travel and Public Health Information) (England) (Amendment) Regulations 2020 - SI 2020/691 and see Explanatory Memorandum.

The amendments exempt people from the requirement to self-isolate where, during the 14 days preceding their arrival in England, they have only been in “exempt countries or territories”. Such countries and territories have been added to a list in the new Schedule 1A where the public health risk has been deemed sufficiently low. The list in Schedule 1A will be subject to on-going review and further countries will be added or removed informed by their risk status when it is appropriate and proportionate to do so.


Original Post:


Commencing on Monday 8 June, "quarantine" is to be imposed on international travellers arriving in England.

The relevant legislation is The Health Protection (Coronavirus, International Travel) (England) Regulations 2020 - SI 2020/568 and see the Explanatory Memorandum

The quarantine regulations should be read in conjunction with The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) Regulations 2020 - SI 2020/567and see the Explanatory Memorandum

These "quarantine regulations" are in force from 8 June 2020 and apply to England only. They must be reviewed by the Minister every

Ministers and their law-making powers for public health

Part 2A of the Public Health (Control of Disease) Act 1984 ("the 1984 Act") contains extensive powers enabling Ministers to make public health regulations. The powers are exercisable by statutory instrument to which the Statutory Instruments Act 1946 applies.

As part of the response to the coronavirus pandemic, a  number of statutory instruments have been made using the 1984 Act powers. In most instances, this subordinate legislation has been made without any prior parliamentary scrutiny.

This post considers briefly the regulation-making powers for health protection as they have been used for England. I other parts of the UK, similar powers have been used to make regulations.

This may seem to be

05 June 2020

Quarantine

From 8 June, "Quarantine" is to be imposed on indivduals arriving in ENGLAND. Two Statutory Instruments have been made to implement this.

The Health Protection (Coronanvirus, International Travel) (England) Regulations 2020 - SI 2020/568 and see the Explanatory Memorandum

The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) Regulations 2020 - SI 2020/567and see the Explanatory Memorandum

Both sets of Regulations come into legal force on 8 June and will expire after 12 months (unless revoked earlier).

The purpose

04 June 2020

The latest "lockdown" regulations and the individual's home

From 4 July 2020 the Regulations referred to in this post are replaced by new Regulations - see here. This post has been retained for record purposes.
 
My previous post looked at the latest "lockdown" regulations which came into force on 1 June 2020. Here is a link to the up to date version  of the legislation.

Whether the public realise it or not, the latest legislation has the potential for serious impact on what individuals may do within the privacy of their homes. Here is a closer look ....

New Regulation 6 (Restrictions on Movement):

An entirely new Regulation 6 replaced the earlier version.  

"No person may,

01 June 2020

Amended "lockdown" Regulations ~ in force 1 June 2020


'Lockdown' - Bournemouth 31 May
From 4 July 2020 the Regulations referred to in this post are replaced by new Regulations - see here. This post has been retained for record purposes.
 
On 12 June 2020 a further amendment was issued to the Regulations. This post is retained for historical purposes.

The Health Protection (Coronavirus, Restrictions) (England) (Regulations) 2020 - (the "lockdown" Regulations) - have been amended for the third time. The latest amendment is in force from 1 June 2020. The government again used the regulation-making power in the Public Health (Control of Disease) Act 1984 (as amended).

The amended Regulations reflect the government's view that it is safe to ease the restrictions further. This view is not universally held - for example, see BBC News 30 May and Financial Times 30 May 2020. Concern also exists because of the numbers of people who went to beaches and beauty spots - (see picture of Bournemouth beach).

The lockdown Regulations are different across the four nations of the UK. Links to the legislation are set out at the end of this post.

Under the amended English Regulations, the "emergency period" is still in force. There is an entirely  new Regulation 6 (Restrictions on Movement) and Regulation 7 (Restrictions on Gatherings). Schedule 2 (Businesses subject to Restrictions or Closure) is amended.

Throughout the pandemic the government has issued guidance on COVID-19. The guidance is updated as the government considers necessary and it is advisable to check for the updates.

NHS Information and advice about coronavirus is available at NHS.UK/Coronavirus

Attorney-General - The Harry Street Lecture at Manchester University

  The Attorney-General Lord Hermer KC delivered the Harry Street Lecture at Manchester University. The text has been published - HERE . He o...