The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 (SI 684) is a statutory instrument (SI) enacted on 4 July 2020 by the Secretary of State for Health and Social Care, Matt Hancock, in response to the COVID-19 pandemic. It replaces and relaxes the previous Lockdown Regulations (SI 350), and gives the Secretary of State powers to make declarations restricting access to public outdoor places.

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020
Statutory Instrument
Citation2020 No. 684
Introduced byMatt Hancock, Secretary of State for Health and Social Care
Territorial extentEngland, except Leicester for some regulations
Dates
Made3 July 2020
Laid before Parliament3 July 2020
Commencement4 July 2020 (2020-07-04)
Other legislation
RepealsThe Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
Made underPublic Health (Control of Disease) Act 1984
Status: Amended
Text of the The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The SI relates to England only; there are similar regulations for Wales, Scotland and Northern Ireland. Within England, Leicester was excluded from the start due to its high rate of COVID-19. Subsequent amendments have been made to enable more restrictive local rules to be applied in other areas as well.

Context and earlier regulations

The first responses by the UK government to the developing COVID-19 pandemic took the form of guidance rather than legislation. Statements by the prime minister and other ministers included advice to schools to cancel trips abroad (12 March);[1] to the public to avoid non-essential travel, crowded places such as pubs and theatres, mass gatherings, and visits to care homes (16 March);[2] and escalated to the closure of schools, colleges and nurseries (announced 18 March, effective 21 March).[3]

Initial regulations, from 21 March 2020

As a result of the COVID-19 pandemic the government had on 21 March enacted The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (SI 327) which enforced the closure in England of businesses selling food and drink for consumption on the premises, as well as a range of other businesses such as nightclubs and indoor leisure centres where a high risk of infection could be expected. SI 350 revoked SI 327, which had come into force only five days earlier, and re-enacted most of its provisions with more extensive restrictions.[4]

Lockdown Regulations, from 26 March 2020

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 350), informally known as "the Lockdown Regulations", replaced SI 327 on 26 March 2020 with a series of more stringent restrictions. These regulations became the principal delegated English legislation restricting freedom of movement, gatherings, and business closures during the COVID-19 emergency period. They were amended four times, with progressive relaxation of the rules, on 22 April, 13 May, 1 June, and 13/15 June, before being repealed by these regulations, SI 684, on 4 July 2020.[5]

Regulations

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 (SI 684) was introduced by way of a Statutory Instrument made by the Secretary of State for Health and Social Care, Matt Hancock, using emergency powers available to him under the Public Health (Control of Disease) Act 1984. The regulations themselves state the legal basis for using such powers, namely "the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England"; he also certified that the restrictions "are proportionate to what they seek to achieve, which is a public health response to that threat."[6]

The regulations were laid before parliament at 3.00pm on 3 July, the day before the regulations came into force.[6] The Secretary of State again used section 45R of the Public Health (Control of Disease) Act 1984 to enact the regulations immediately subject to retrospective approval by resolution of each House of Parliament within twenty-eight days[7]. In the regulations themselves he stated that "by reason of urgency, it is necessary to make this instrument" without having first placed a draft before parliament for prior discussion and approval.[6]

Scope and review

The regulations (which apply in England only),[8] impose restrictions during the "emergency period"[9] which effectively re-enacts the identically-named period first defined in the Lockdown Regulations SI 350, as amended.[10] The period ends when specified by the Secretary of State.[11] He is required to review the regulations at least every 28 days, and to terminate any restriction that he considers to be no longer necessary.[12]

The SI 684 relaxation of the Lockdown Regulations does not apply in the city of Leicester and the surrounding area. Special rules there apply from 4 July 2020, as set out in The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 (SI 685)[13][14] and partly relaxed from 18[15] and 24 July.[16]

Commencement

SI 684 as a whole came into effect at 0.01 am on 4 July 2020, though relaxation of the business closure rules allowing many venues to re-open were deferred until 6.00 am on the same day. According to a government spokesman this was a "sensible precaution" to avoid midnight parties.[17]

Business closures

The previous list of businessses required to close is revoked and re-enacted, with fewer restrictions. The only businesses that are still completely barred from re-opening are nightclubs, dance halls, bowling alleys, discotheques; sexual entertainment venues; casinos; nail bars and tanning booths; spas and beauty salons (except hairdressers); massage parlours, tattoo parlours and body piercing services; indoor and outdoor swimming pools; and indoor skating rinks, play areas, gyms, sports courts, and fitness and dance studios.[18] Some exceptions are made for elite athletes, and professional dancers and choreographers.[19] Most trade shows, exhibitions and conferences are still not permitted.[20]

Premises that were previously forced to close but which are no longer explicitly prohibited from re-opening (unless they offer services mentioned in the list above)[21] include cafes, bars, pubs; theatres, concert halls, cinemas, museums, galleries, leisure and entertainment venues; social clubs, bingo halls; hairdressers; funfairs, theme parks, model villages; outdoor skating rinks, play areas, gyms and sports courts; indoor attractions at heritage sites, farms, zoos and safari parks; and libraries.[22][23] Places of worship can open generally and are no longer, as before, restricted to opening for private prayer.[24][21]

Government guidance

Although SI 684 allows theatres and concert halls to re-open, separate govenment guidance published 3 July 2020 stated, "At this time, venues should not permit live performances, including drama, comedy and music, to take place in front of a live audience. This is important to mitigate the risks of aerosol transmission – from either the performer(s) or their audience."[21]

Restrictions on gatherings

The previous Lockdown Regulations are revoked, and are replaced with a new regime which regulates gatherings of over 30 people. Most indoor gatherings of any size are now allowed, but subject to a limit of 30 for gatherings at private dwellings. Public outdoor gatherings of up to 30 are also allowed, but most larger public gatherings remain banned.

Subject to a few exceptions, all gatherings of more than 30 people within a private dwelling, or in an adjacent garden or yard,[25] remain prohibited.[26] For this purpose, the following are not considered to be 'private dwellings', and so could in principle have larger gatherings: hotels, hostels, campsites, caravan parks, B&Bs, care homes, children's homes, military accommodation and prisons.[27] Also not considered to be private dwellings are boarding schools and student halls of residence.[28]

All indoor raves regardless of the number of participants are prohibited[29] (outdoor raves are already liable to be broken up by the police under s63(1) of the Public Order Act 1994).

Generally, public outdoor gatherings of more than 30 are not allowed, unless at an outdoor visitor attraction or at an organization's operational premises.[30] Larger outdoor gatherings on public land are permitted only if they have been organised by a business, charity, public or political body, a risk assessment has been carried out, and all reasonable measures have been taken to limit virus transmission.[31]

There are some exceptions where otherwise-prohibited gatherings of more than 30 are allowed:

  • Where reasonably necessary for work, voluntary or charitable purposes; or education or training[32]
  • Where reasonably necessary for childcare[33]
  • Where reasonably necessary to provide emergency assistance; or to avoid injury or illness or to escape a risk of harm[32]
  • Certain exceptions for elite sportspersons[34]
  • To fulfil a legal obligation.[35]

Government guidance

The government's updated non-enforceable guidance on social distancing is more restrictive than the legal regulations. The guidance states that from 4 July "you can meet in groups of up to two households (anyone in your support bubble counts as one household) in any location – public or private, indoors or outdoors. You do not always have to meet with the same household – you can meet with different households at different times. However, it remains the case – even inside someone’s home – that you should socially distance from anyone not in your household or bubble". When outside, "you can continue to meet in groups of up to six people from different households, following social distancing guidelines'.[36]

Power to restrict access to public places

The Secretary of State is given the power to make declarations restricting access to public outdoor places anywhere in England, either to a specified place or to all places of a given description.[37] Once he has made such a declaration, access restrictions must be enforced by the owner of the land or the local authority,[38] and it becomes a criminal offence for anyone apart from the owner or occupier[39] to enter the land without a reasonable excuse.[40]

Any direction to restrict access to public places must be reviewed by the Secretary of State at least once every seven days.[41] The owner or occupier of the land may appeal to the Magistrates Court against the direction.[42]

Offences and enforcement

Enforcement of the regulations is in the hands of the police, with provision being made for the local authority and the Secretary of State to designate additional people for some purposes.[43]

It is a criminal offence to breach the restrictions on business closures, restrictions on gatherings, or public spaces that the Secretary of State has declared closed.[44] Fixed penalty notices may be issued,[45] or offenders prosecuted.[46]

Expiry

If not previously revoked, the regulations automatically expire on 4 January 2021.[47]

Amendments, in force 11 and 13 July 2020 (SI 719)

SI 684 was amended on 22 April 2020, after 7 days, by The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) Regulations 2020 (SI 719).

As with the original regulations, SI 719 was introduced by Secretary of State for Health and Social Care, Matt Hancock, using emergency powers under the Public Health (Control of Disease) Act 1984. The legal basis for the use of the powers is stated to be as before.[48] The regulations were laid before parliament on 10 July 2020,[49] and came into force on 11 and 13 July. The Secretary of State again used section 45R of the 1984 act to enact the regulations "by reason of urgency" subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.[50]

Changes to the regulations

The amendments allow certain businesses to re-open, specifically outdoor swimming pools and water parks (from 11 July 2020);[51] and nail bars and salons, tanning booths and salons, spas and beauty salons, massage parlours, tattoo parlours, and body and skin piercing services (from 13 July 2020).[52]

Amendments, in force 25 July 2020 (SI 788)

SI 684 was amended on 25 July 2020, after a further 14 days, by The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 2) Regulations 2020 (SI 788).

As with the original regulations, SI 788 was introduced by Secretary of State for Health and Social Care, Matt Hancock, using emergency powers under the Public Health (Control of Disease) Act 1984. The legal basis for the use of the powers is stated to be as before.[53] The regulations were laid before parliament on 23 July 2020,[53] and came into force on 25 July. The Secretary of State again used section 45R of the 1984 act to enact the regulations "by reason of urgency" subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.[54]

Changes to the regulations

The amendments allow certain businesses to re-open, specifically indoor swimming pools, including indoor facilities at water parks, indoor fitness and dance studios and indoor gyms and sports courts and facilities.[55]

Amendments, in force 15 August 2020 (SI 863)

SI 684 was amended on 15 August 2020, after a further 21 days, by The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 3) Regulations 2020 (SI 863).

As with the original regulations, SI 863 was introduced by Secretary of State for Health and Social Care, Matt Hancock, using emergency powers under the Public Health (Control of Disease) Act 1984. The legal basis for the use of the powers is stated to be as before.[56] The regulations were laid before parliament on 14 August 2020,[56] and came into force on 15 August. The Secretary of State again used section 45R of the 1984 act to enact the regulations "by reason of urgency" subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.[57]

Changes to the regulations

The amendments allow certain further businesses to re-open, specifically indoor casinos, indoor skating rinks, indoor play areas, bowling alleys and conference centres and exhibition halls.[58] A government press release noted that nightclubs, dance halls, and discotheques, as well as sexual entertainment venues and hostess bars, must remain closed.[59]

Local lockdown exceptions

SI 684 defines the general rules that apply across most of England, though the Leicester area was excluded from the start due to higher rates of coronavirus there. Subsequent amendments have been made to exclude other areas that are or have been at various times subject to more restrictive rules, namely Luton, Blackburn with Darwen, Bradford, Tameside, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Trafford, Wigan, Pendle, Hyndburn, Burnley, Calderdale and Kirklees.

The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 (SI 750), coming into force on 18 July 2020, gave local authorities powers to give directions affecting premises, events and public open spaces within their areas.[60]

A press release from the Prime Minister's Office on 13 August stated that on-the-spot fines for hosting or facilitating illegal gatherings of more than 30 people would be introduced.[59]

See also

References
  1. "People with fever or cough told to self-isolate". BBC News. 12 March 2020. Retrieved 11 June 2020.
  2. "Avoid office, pubs and travel to stop virus – PM". BBC News. 16 March 2020. Retrieved 11 June 2020.
  3. "UK schools to close from Friday". BBC News. 18 March 2020. Retrieved 11 June 2020.
  4. SI 350 (2020), Reg 2(1).
  5. SI 684 (2020), Reg 2.
  6. SI 684 (2020), Preamble.
  7. SI 684 (2020), Introductory note.
  8. SI 684 (2020), Reg 1(3).
  9. SI 684 (2020), R3(1).
  10. SI 350 (2020), Reg 3(1).
  11. SI 684 (2020), Reg 3(1).
  12. SI 684 (2020), Reg 3(2).
  13. SI 684 (2020), Reg 1(4).
  14. "Leicestershire coronavirus lockdown: areas and changes". GOV.UK. Department of Health and Social Care. 30 June 2020. Retrieved 8 July 2020.
  15. "Lockdown restrictions lifted in some areas of Leicestershire". GOV.UK. Department of Health and Social Care. 17 July 2020. Retrieved 18 July 2020.
  16. "Local lockdown measures to continue in Leicester with modifications". GOV.UK. Retrieved 17 July 2020.
  17. "Coronavirus: Pubs can't open in England until 6am as lockdown eased". BBC News. 3 July 2020. Retrieved 4 July 2020.
  18. SI 684 (2020), Reg 4(1) & Schedule 2.
  19. SI 684 (2020), Reg 4(2).
  20. SI 684 (2020), Reg 4(1).
  21. "Guidance: Closing certain businesses and venues in England". Gov.uk. 3 July 2020. Retrieved 6 July 2020.
  22. SI 350 (2020), Schedule 2, part 2, as amended.
  23. SI 684 (2020), Schedule 2.
  24. SI 588 (2020), Reg 2(4)(c).
  25. SI 684 (2020), Reg 5(6)(c).
  26. SI 684 (2020), Reg 5(1)(b)(i).
  27. SI 684 (2020), Reg 5(6)(c)&5(7)(b).
  28. SI 684 (2020), Reg 5(7)(a).
  29. SI 684 (2020), Reg 5(4).
  30. SI 684 (2020), Reg 5(1)&5(2).
  31. SI 684 (2020), Reg 5(3).
  32. SI 684 (2020), Reg 5(3)(c).
  33. SI 684 (2020), Reg 5(c)(3).
  34. SI 684 (2020), Reg 5(3)(b).
  35. SI 684 (2020), Reg 5(3)(d).
  36. "Guidance: Staying alert and safe (social distancing)". Gov.uk. 3 July 2020.
  37. SI 684 (2020), Reg 6(1).
  38. SI 684 (2020), Reg 6(9)&(10).
  39. SI 684 (2020), Reg 6(12)(a).
  40. SI 684 (2020), Reg 6(11)&8(1).
  41. SI 684 (2020), Reg 6(7).
  42. SI 684 (2020), Reg 6(13).
  43. SI 684 (2020), Reg 7(1)&7(10)(b).
  44. SI 684 (2020), Reg 8(1).
  45. SI 684 (2020), Reg 9.
  46. SI 684 (2020), Reg 10.
  47. SI 350 (2020), Reg 12(1).
  48. SI 719 (2020), Preamble.
  49. SI 447 (2020), Preamble.
  50. SI 719 (2020), Introductory note.
  51. SI 719 (2020), 2(3).
  52. SI 719 (2020), 2(4).
  53. SI 788 (2020), Preamble.
  54. SI 788 (2020), Introductory note.
  55. SI 788 (2020), Reg 2(7) & Explanatory note.
  56. SI 863 (2020), Preamble.
  57. SI 863 (2020), Introductory note.
  58. SI 863 (2020), Reg 2 & Explanatory note.
  59. "Prime Minister announces stronger enforcement measures as easements resume". GOV.UK. Prime Minister's Office. 13 August 2020. Retrieved 17 August 2020.
  60. "SI 750". legislation.gov.uk. 16 July 2020. Retrieved 23 July 2020.

Bibliography
  • "SI 327". Legislation.gov.uk. 21 March 2020. The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020. Retrieved 1 June 2020.
  • "SI 350". Legislation.gov.uk. 26 March 2020. The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Retrieved 1 June 2020.
  • "SI 588". Legislation.gov.uk. 12 June 2020. The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No 4) Regulations 2020. Retrieved 13 June 2020.
  • "SI 684". Legislation.gov.uk. 4 July 2020. The Health Protection (Coronavirus, Restrictions) (England) (No. 2) Regulations 2020. Retrieved 4 July 2020.
  • "SI 719". Legislation.gov.uk. 11 July 2020. The Health Protection (Coronavirus, Restrictions) (England) (No. 2) (Amendment) Regulations 2020. Retrieved 13 July 2020.
  • "SI 788". Legislation.gov.uk. 25 July 2020. The Health Protection (Coronavirus, Restrictions) (England) (No. 2) (Amendment) Regulations 2020. Retrieved 13 July 2020.
  • "SI 863". Legislation.gov.uk. 15 August 2020. The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 3) Regulations 2020. Retrieved 17 August 2020.
  • Official website
  • Guidance: Closing certain businesses and venues in England – Cabinet Office, via Internet Archive:
    • 3 July for changes on 4 July 2020, archived 4 July
    • 9 July for changes on 11 and 13 July, archived 13 July
    • 17 July for changes on 25 July and 1 August, archived 22 July
    • 3 August amendments to 1 August 2020 easing, archived 4 August
    • 13 August for reopenings from 15 August
  • Guidance: Meeting people from outside your household – Cabinet Office, via Internet Archive:
    • 4 July for these regulations
    • 14 August updates to shielding, future fines mentioned
  • Staying alert and safe (social distancing) – Cabinet Office; updated 3 July 2020
  • Coronavirus: Business re-opening – House of Commons Library briefing paper, 6 July; compares the four nations
  • Guidance: Coronavirus outbreak FAQs: what you can and can't do after 4 July – Cabinet Office; updated 6 July 2020, archived 7 July
  • Coronavirus outbreak FAQs – Cabinet Office, via Internet Archive:
    • 9 July for changes on 11, 13 and 25 July; archived 10 July
    • 17 July for PM statement, including 1 August changes; archived 18 July
    • 22 July clarifies car-sharing and public transport; archived 23 July
    • 25 July confirms 24/25 July changes, more detail on face coverings; archived 25 July
    • 31 July localised restrictions, effect of a negative test, end of shielding, some 1 August changes postponed; archived 1 August
    • 13 August for 15 August reopenings; archived 14 August
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