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The Health Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020 (revoked)

Changes over time for: The Health Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020 (revoked)

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Statutory Instruments

2020 No. 1010

Public Health, England

The Health Protection (Coronavirus, Restrictions) (North East [F1and North West] of England) Regulations 2020

Made

at 4.43 p.m. on 17th September 2020

Laid before Parliament

at 5.30 p.m. on 17th September 2020

Coming into force

18th September 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984 M1.

These Regulations are made in response to 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.

The Secretary of State considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 45R of that Act the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.

Textual Amendments

Marginal Citations

M11984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

Citation, commencement, application and interpretationE+W

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) (North East [F2and North West] of England) Regulations 2020 and come into force on 18th September 2020.

(2) These Regulations apply in relation to England only.

(3) In these Regulations—

“change of protected area direction” has the meaning given in regulation 2(5);

“child” means a person under the age of 18;

“childcare” has the same meaning as in section 18 of the Childcare Act 2006 M2;

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government department, or held in trust for Her Majesty for the purposes of a Government department, and includes any estate or interest held in right of the Prince and Steward of Scotland;

“Crown land” means land in which there is a Crown interest or a Duchy interest;

“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;

“elite sportsperson” means an individual who—

(a)

derives a living from competing in a sport,

(b)

is a senior representative nominated by a relevant sporting body,

(c)

is a member of the senior training squad for a relevant sporting body, or

(d)

is aged 16 or above and on an elite development pathway;

[F3“informal childcare” means any form of care for a child aged 13 or under provided by someone other than a person doing so in their role as a person registered to provide childcare under Part 3 of the Childcare Act 2006 and includes education for a child aged 13 or under and any other supervised activity for a child aged 13 or under;]

[F3“linked childcare household” has the meaning given in regulation 7A;]

“linked household” has the meaning given in regulation 7;

“parent” of a child includes any person who is not a parent of the child but who has parental responsibility for, or who has care of, the child;

“parental responsibility” has the meaning given in section 3 of the Children Act 1989 M3;

F4...

“protected area” has the meaning given in paragraph (4) (but see also paragraph (5));

“vulnerable person” includes—

(a)

any person aged 70 or older;

(b)

any person under 70 who has a medical condition which increases vulnerability to Covid-19 (the official designation of the disease which can be caused by coronavirus);

(c)

any person who is pregnant.

(4) In these Regulations “the protected area” means the area falling within—

F5(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(zaa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(zb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(zc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)the area of Durham County Council;

F9(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the area of Gateshead Council;

F10(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(bc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(bd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(be). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the area of Newcastle City Council;

(d)the area of Northumberland County Council;

(e)the area of North Tyneside Council;

F15(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(eb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(ec). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(ed). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(ee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(ef). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the area of South Tyneside Council; F21...

F22(fa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the area of Sunderland City Council.

[F23(h)F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5) But the protected area is subject to any change of protected area direction given by the Secretary of State.

(6) For the purposes of the definition of “elite sportsperson”, in paragraph (3)—

(a)“elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—

(i)so that they may derive a living from competing in that sport; or

(ii)to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham;

(b)“relevant sporting body” means the national governing body of a sport which may nominate sportspersons to represent—

(i)Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games; or

(ii)England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

(c)“senior representative” means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(i)Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games; or

(ii)England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.

F28(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1Reg. 1 in force at 18.9.2020, see reg. 1(1)

Marginal Citations

M22006 c. 21. Section 18 has been amended by the Children and Young Persons Act 2008 (c. 23), Schedule 1, paragraph 19, and Schedule 4; the Criminal Justice and Courts Act 2015 (c. 2), Schedule 9, paragraph 21, and S.I. 2010/813.

The emergency period and review of need for restrictionsE+W

2.—(1) For the purposes of these Regulations, the “emergency period”—

(a)starts when these Regulations come into force; and

(b)ends in relation to a restriction or requirement imposed by these Regulations on the day and at the time specified in a direction published by the Secretary of State under this regulation terminating the requirement or restriction.

(2) The Secretary of State must review the need for restrictions and requirements imposed by these Regulations at least once every 14 days, with the first review being carried out by 2nd October 2020.

(3) As soon as the Secretary of State considers that any restrictions or requirements set out in these Regulations are no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in England with the coronavirus, the Secretary of State must publish a direction terminating that restriction or requirement.

(4) A direction published under this regulation may—

(a)terminate any one or more requirement or restriction (whether generally or in one or more specified local areas only);

F29(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)provide that any one or more specified local authority areas no longer fall within the protected area.

(5) A direction falling within paragraph (4)(c) is referred to in these Regulations as a “change of protected area direction”.

(6) Section 16 of the Interpretation Act 1978 M4 applies in relation to the termination of a restriction or requirement by a direction as it applies in relation to the repeal of an enactment.

(7) Where the Secretary of State gives a change of protected area direction, the Secretary of State—

(a)must—

(i)publish it on www.gov.uk; and

(ii)arrange for notice of it to [F30be] given, as soon as is reasonably practicable, in the London Gazette;

(b)may publish it in such other manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by it.

(8) Any other direction given by the Secretary of State under this regulation must be published in such manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by it.

(9) In this regulation, “specified” means specified in a direction published under this regulation.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 18.9.2020, see reg. 1(1)

Marginal Citations

Requirement to close premises and businesses during the emergencyE+W

F313.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Restrictions on opening hours of businesses and servicesE+W

F324.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Restriction on service of food and drink for consumption on the premisesE+W

F335.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F34Restrictions on participation in gatherings in private dwellings and other indoor settingsE+W

6.—(1) During the emergency period, no person may participate in a gathering in the protected area which—

(a)consists of two or more persons, and

(b)takes place in a private dwelling.

(2) During the emergency period, no person living in the protected area may participate in a gathering outside that area which—

(a)consists of two or more persons, and

(b)takes place in a private dwelling.

(3) Paragraphs (1) and (2) do not apply if any of the exceptions set out in regulation 6A apply.

(4) During the emergency period, no person may participate in a gathering in the protected area which—

(a)consists of two or more persons, and

(b)takes place indoors, other than indoors in a private dwelling.

(5) During the emergency period, no person living in the protected area may participate in a gathering outside that area which—

(a)consists of two or more persons, and

(b)takes place indoors, other than indoors in a private dwelling.

(6) Paragraphs (4) and (5) do not apply if any of the exceptions set out in regulation 6A or 6B apply.]

Textual Amendments

[F34Exceptions in relation to gatherings restricted by regulation 6E+W

6A.—(1) These are the exceptions referred to in regulation 6(3) and (6).

Exception 1: same or linked households

(2) Exception 1 is that all the people in the gathering—

(a)are from the same household, or

(b)are members of two households which are linked households in relation to each other.

Exception 2: gatherings necessary for certain purposes

(3) Exception 2 is that the gathering is reasonably necessary—

(a)for work purposes or for the provision of voluntary or charitable services;

(b)for the purposes of education or training;

(c)for the purposes of—

(i)childcare provided by a person registered under Part 3 of the Childcare Act 2006,

(ii)supervised activities for children, or

(iii)informal childcare provided by a member of a household to a member of their linked childcare household;

(d)to provide emergency assistance;

(e)to enable one or more persons in the gathering to avoid injury or illness or to escape a risk of harm;

(f)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 Vulnerable Groups Act 2006;

(g)for the purposes of 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;

(h)to facilitate a house move.

Exception 3: legal obligations

(4) Exception 3 is that the person concerned is fulfilling a legal obligation.

Exception 4: births

(5) Exception 4 is that the person concerned is attending a person giving birth (“M”) at M’s request.

Exception 5: visiting a dying person

(6) Exception 5 is that the person concerned (“P”) is visiting a person whom P reasonably believes is dying (“D”), and P is—

(a)a member of D’s household,

(b)a close family member of D,

(c)a friend of D, or

(d)where nobody who falls within paragraphs (a) to (c) is visiting D, any other person.

Textual Amendments

Exceptions in relation to gatherings restricted by regulation 6(4) to (6)E+W

6B.—(1) These are the exceptions referred to in regulation 6(6).

Exception 1: permitted organised gatherings

(2) Exception 1 is that—

(a)the gathering is a permitted organised gathering, and

(b)the person concerned participates in the gathering alone or as a member of a qualifying group.

(3) A gathering is a permitted organised gathering for the purposes of paragraph (2) if it takes place on or at premises, other than a private dwelling, which are—

(a)operated by a business, a charitable, benevolent or philanthropic institution or a public body, or

(b)part of premises used for the operation of business, a charitable, benevolent or philanthropic institution or a public body.

(4) A person participates in a gathering as a member of a qualifying group only if the person is a part of a qualifying group and, whilst participating in the gathering, the person does not—

(a)become a member of any other group of persons participating in the gathering (whether or not that group is a qualifying group), or

(b)otherwise mingle with any person who is participating in the gathering but is not a member of the same qualifying group as them.

(5) In paragraph (4) a “qualifying group”, in relation to a gathering, means a group of people who are participating in the gathering which consists only of persons who are members of the same household, or are members of two households which are linked households in relation to each other.

Exception 2: criminal justice accommodation

(6) Exception 2 is that the gathering takes place in criminal justice accommodation.

Exception 3: support groups

(7) Exception 3 is that the gathering—

(a)is of a support group,

(b)consists of no more than 15 persons, and

(c)takes place at premises other than a private dwelling.

(8) For the purposes of paragraph (7), “support group” means a group which is organised by a business, a charitable, benevolent or philanthropic institution or a public body to provide mutual aid, therapy or any other form of support to its members or those who attend its meetings, for example those providing support—

(a)to victims of crime (including domestic abuse);

(b)to those with, or recovering from, addictions (including alcohol, narcotics or other substance addictions) or addictive patterns of behaviour;

(c)to new parents;

(d)to those with, or caring for persons with, any long-term illness or terminal condition or who are vulnerable;

(e)to those facing issues related to their sexuality or identity including those living as lesbian, gay, bisexual or transgender;

(f)to those who have suffered bereavement.

Exception 4: marriages and civil partnerships

(9) Exception 4 is that the gathering consists of no more than 15 persons and—

(a)it is for the purposes of the solemnisation of a marriage, formation of a civil partnership or conversion of a civil partnership, in accordance with the Marriage Act 1949, the Marriage (Registrar General’s Licence) Act 1970 or the Civil Partnership Act 2004, and

(b)the gathering organiser or manager takes the required precautions in relation to the gathering (see regulation 6C).

Exception 5: funerals

(10) Exception 5 is that—

(a)the gathering is for the purposes of a funeral,

(b)the gathering consists of not more than 30 persons,

(c)the gathering takes place—

(i)at premises (other than a private dwelling) which are operated by a business, a charitable, benevolent or philanthropic institution or a public body, or

(ii)at premises which are part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body, and

(d)the manager takes the required precautions in relation to the gathering (see regulation 6C).

Exception 6: wedding and civil partnership receptions

(11) Exception 6 is that the gathering is a wedding reception, reception following the formation of a civil partnership or reception following the conversion of a civil partnership to a marriage and—

(a)it consists of no more than 15 persons,

(b)it takes place in premises other than a private dwelling, and

(c)the gathering organiser takes the required precautions in relation to the gathering (see regulation 6C).

Exception 7: visiting persons receiving treatment etc

(12) Exception 7 is that 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—

(a)a member of V’s household,

(b)a close family member of V, or

(c)a friend of V.

Exception 8: protests

(13) Exception 8 is that the gathering is for the purposes of protest and—

(a)it has been organised by a business, a charitable, benevolent or philanthropic institution, a public body or a political body, and

(b)the gathering organiser takes the required precautions in relation to the gathering (see regulation 6C).

Exception 9: elite sports

(14) Exception 9 is that—

(a)the person concerned is an elite sportsperson, the coach of an elite sportsperson or (in the case of an elite sportsperson who is a child) the parent of an elite sportsperson, and

(b)the gathering is necessary for training or competition.

Exception 10: other sports

(15) Exception 10 is that—

(a)the gathering is a permitted indoor sports gathering, and

(b)the person concerned is taking part in that gathering.

(16) For the purposes of paragraph (15)—

(a)“permitted indoor sports gathering” means a gathering which is organised for the purposes of allowing persons who have a disability and who are not elite sportspersons to take part in any sport or other fitness related activity, and—

(i)which is organised by a business, a charitable, benevolent or philanthropic institution or a public body,

(ii)which takes place indoors on relevant premises, and

(iii)in respect of which the gathering organiser or manager of the relevant premises complies with the required precautions (see regulation 6C);

(b)a person taking part in a permitted indoor sports gathering does not include a spectator or the parent of a child taking part in the gathering.

(17) For the purposes of paragraph (16)—

(a)“relevant premises” means premises (other than a private dwelling)—

(i)which are operated by a business, a charitable, benevolent or philanthropic institution or a public body, or

(ii)which are part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body;

(b)a person has a disability if—

(i)they have a physical or mental impairment (and when considering whether a person has an impairment for these purposes, regulations 3 to 5 of the Equality Act 2010 (Disability) Regulations 2010 apply), and

(ii)the impairment has a substantial and long term adverse effect on their ability to carry out normal day-to-day activities.

Textual Amendments

The required precautionsE+W

6C.—(1) The gathering organiser or (as the case may be) the manager in relation to a gathering takes the required precautions for the purposes of regulation 6B by meeting both of the following requirements.

(2) The first requirement is that the organiser or manager has carried out a risk assessment that would satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 1999 (whether or not the organiser or manager is subject to those Regulations).

(3) The second requirement is that the organiser or manager has taken all reasonable measures to limit the risk of transmission of the coronavirus, taking into account—

(a)the risk assessment carried out under paragraph (2), and

(b)any guidance issued by the government which is relevant to the gathering.

Textual Amendments

Interpretation of regulations 6 to 6CE+W

6D.—(1) This regulation applies for the purposes of regulations 6 to 6C.

(2) A gathering takes place when two or more persons are present together in the same place in order—

(a)to engage in any form of social interaction with each other, or

(b)to undertake any other activity with each other.

(3) A gathering takes place in the protected area if any part of the place where it takes place is in the protected area.

(4) 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.

(5) References to a “private dwelling”—

(a)include references to a houseboat and any garden, yard, passage, stair, outhouse or other appurtenance of the dwelling;

(b)do not include references to the following—

(i)accommodation in a hotel, hostel, campsite, caravan park, members club, boarding house or bed and breakfast accommodation;

(ii)care homes, within the meaning of section 3 of the Care Standards Act 2000;

(iii)children’s homes, within the meaning of section 1 of that Act;

(iv)Residential Family Centres, within the meaning of section 4 of that Act;

(v)educational accommodation;

(vi)accommodation intended for use by the army, navy or air force;

(vii)criminal justice accommodation.

(6) “A charitable, benevolent or philanthropic institution” means—

(a)a charity, or

(b)an institution, other than a charity, established for charitable, benevolent or philanthropic purposes.

(7) “Criminal justice accommodation” means—

(a)a prison, within the meaning of the Prison Act 1952;

(b)a young offender institution, within the meaning of section 43 of that Act;

(c)a secure training centre, within the meaning of section 43 of that Act;

(d)approved premises, within the meaning of section 13 of the Offender Management Act 2007;

(e)a bail hostel, within the meaning of section 2 of the Bail Act 1976.

(8) “Educational accommodation” means—

(a)accommodation provided for students whilst they are boarding at school, and

(b)halls of residence provided for students attending higher education courses and equivalent accommodation provided for students attending further education courses.

(9) “The gathering organiser” means the person responsible for organising a gathering.

(10) “The manager” means the person responsible for the management of the premises on which a gathering takes place.

(11) “A political body” means—

(a)a political party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000, or

(b)a political campaigning organisation within the meaning of regulation 2 of the Health and Social Care (Financial Assistance) Regulations 2009.]

Textual Amendments

Linked householdsE+W

7.—(1) Where a household comprises one adult, or one adult and one or more persons who were 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)neither the first household nor the second household are linked with any other household for the purposes of these Regulations or any other Regulations made under the Public Health (Control of Disease) Act 1984 [F35, except where the households are linked for the purpose of being linked childcare households]; 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.

Textual Amendments

Commencement Information

I3Reg. 7 in force at 18.9.2020, see reg. 1(1)

[F36Linked childcare householdsE+W

7A.—(1) Where a household includes at least one child aged 13 or under (“the first household”), that household may link with one other household (“the second household”) for the purpose of the second household providing informal childcare to the child aged 13 or under in the first household provided that—

(a)neither the first household nor the second household are linked with any other household for the purpose of providing informal childcare for the purpose of these Regulations or any other Regulations made under the Public Health (Control of Disease) Act 1984; and

(b)all the adult members of both households agree.

(2) The first household and the second household are “linked childcare households” in relation to each other.

(3) The first household and the second household cease to be linked childcare households when neither household includes a child aged 13 or under.

(4) Once the first household and the second household cease to be linked childcare households, neither household may be a linked childcare household with any other household.]

Textual Amendments

Enforcement of requirementsE+W

8.—(1) A relevant person may take such action as is necessary to enforce any requirement imposed by [F37regulation F38... 6].

F39(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a relevant person considers that a number of people are gathered together in contravention of regulation 6, the relevant person may—

(a)direct the gathering to disperse;

(b)direct any person in the gathering to return to the place where they are living;

(c)remove any person from the gathering.

(4) A relevant person exercising the power in paragraph (3)(c) to remove a person from a gathering may use reasonable force, if necessary, in exercise of the power.

(5) Where a person who is in a gathering in contravention of regulation 6 is a child accompanied by an individual who has responsibility for the child—

(a)the relevant person may direct that individual to take the child to the place where the child is living; and

(b)that individual must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by the relevant person to the child.

(6) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the restriction in regulation 6, the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with that restriction.

(7) A relevant person may only exercise the power in paragraph (3), (5) or (6) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the restriction in regulation 6.

(8) A relevant person exercising a power in paragraph (3), (5) or (6) may give the person concerned any reasonable instructions they consider to be necessary.

(9) For the purposes of this regulation—

(a)an individual has responsibility for a child if the individual—

(i)has custody or charge of the child for the time being; or

(ii)has parental responsibility for the child;

(b)a “relevant person” means—

(i)a constable,

(ii)a police community support officer,

(iii)F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

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

(c)references to a requirement include references to a restriction.

F41(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4Reg. 8 in force at 18.9.2020, see reg. 1(1)

Offences and penaltiesE+W

9.—(1) A person who—

(a)without reasonable excuse contravenes a requirement in regulation F42... [F436]; or

(b)contravenes a requirement in regulation 8 without reasonable excuse,

commits an offence.

(2) A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations, including any person who is a relevant person for the purposes of regulation 8, commits an offence.

(3) A person who, without reasonable excuse, contravenes a direction given under regulation 8, or fails to comply with a reasonable instruction F44... given by a relevant person under regulation 8, commits an offence.

(4) An offence under this regulation is punishable on summary conviction by a fine.

F45(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Section 24 of the Police and Criminal Evidence Act 1984 M5 applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—

(a)to maintain public health;

(b)to maintain public order.

(8) For the purposes of this regulation, references to a requirement include references to a restriction.

Textual Amendments

Commencement Information

I5Reg. 9 in force at 18.9.2020, see reg. 1(1)

Marginal Citations

M51984 c. 60. Section 24 was substituted by s. 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).

Fixed penalty noticesE+W

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; and

(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—

F46(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an officer designated by the Secretary of State F47... 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 [F48£200].

(7) Unless paragraph (8) applies, a fixed penalty notice must specify that if [F49£100] 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.

(8) If the person to whom a fixed penalty notice is given has already received a fixed penalty notice under these Regulations or the Regulations referred to in paragraph (9)—

(a)paragraph (7) does not apply; and

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

(i)in the case of the second fixed penalty notice received, [F50£400];

(ii)in the case of the third fixed penalty notice received, [F51£800];

(iii)in the case of the fourth fixed penalty notice received, [F52£1,600];

(iv)in the case of the fifth fixed penalty notice received, [F53£3,200];

(v)in the case of the sixth and subsequent fixed penalty notices, [F54£6,400].

(9) In determining how many fixed penalty notices a person has previously received, fixed penalty notices issued to that person under the following Regulations are also to be taken into account—

(a)the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 M6;

(b)the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 M7;

(c)the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 M8;

(d)the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 M9;

(e)the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020 M10;

(f)the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 M11;

(g)the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020 M12;

(h)the Health Protection (Coronavirus, Restrictions) (North of England) Regulations 2020 M13;

(i)the Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020 M14; and

(j)the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020 M15.

(10) But no account is to be taken under paragraph (9) of any fixed penalty notice issued to that person under regulation 9 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 in respect of the offence described in regulation 8(1) of those Regulations of contravening, without reasonable excuse, [F55regulation 4A, 4B, 5A or 5B] of those Regulations.

(11) 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).

(12) Where a letter is sent as mentioned in paragraph (11), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(13) In any proceedings, a certificate—

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

F56(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(14) 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.

F57(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I6Reg. 10 in force at 18.9.2020, see reg. 1(1)

Marginal Citations

M6S.I. 2020/350 amended by S.I. 2020/447; 2020/500; 2020/558; 2020/588 and revoked by S.I. 2020/684, with savings.

M8S.I. 2020/685 to which there are amendments not relevant to these Regulations. S.I. 2020/685 was revoked by S.I. 2020/824, with savings.

M10S.I. 2020/800, revoked by S.I. 2020/822, with savings.

M13S.I. 2020/828, amended by S.I. 2020/846; 2020/865, 2020/907 and S.I. 2020/974. The title of the Regulations was amended by S.I. 2020/865.

ProsecutionsE+W

11.  Proceedings for an offence under these Regulations may be brought by the Crown Prosecution Service and any person designated by the Secretary of State.

Commencement Information

I7Reg. 11 in force at 18.9.2020, see reg. 1(1)

ExpiryE+W

12.—(1) These Regulations expire at the end of the period of six months beginning with the day on which they come into force.

(2) This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.

Commencement Information

I8Reg. 12 in force at 18.9.2020, see reg. 1(1)

DesignationsE+W

13.  A person who is designated for the purposes of regulation 7(10)(b), 9(3)(b), 9(13) or 10 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 is to be treated as if they were designated for the purposes of regulation [F608(9)(b)(iv)], 10(3)(b), 10(14)(a) or [F6111] as appropriate, of these Regulations.

Textual Amendments

Commencement Information

I9Reg. 13 in force at 18.9.2020, see reg. 1(1)

AmendmentsE+W

14.—(1) In the Health Protection (Coronavirus, Restrictions) (North of England) Regulations 2020—

(a)in regulation 7A—

(i)omit paragraph (1)(b);

(ii)in paragraph (6) omit “or the area of Bolton Metropolitan Borough Council (as the case may be)” in both places it appears;

(b)in regulation 10(9), after sub-paragraph (h), insert—

“(i)the Health Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020.”.

(2) In the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020—

(a)in regulation 1—

(i)in paragraph (4), after sub-paragraph (d), insert—

“(e)the Health Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020.”;

(ii)in paragraph (4ZA), after sub-paragraph (e) insert—

“(e)the Health Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020.”;

(b)in regulation 9(9), after sub-paragraph (h), insert—

“(i)the Health Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020.”.

(3) In regulation 14(8) of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020, after sub-paragraph (i), insert—

“(j)the Health Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020”.

(4) In regulation 7(9) of the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020, after sub-paragraph (i), insert—

“(j)the Health Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020.”.

(5) In regulation 10(9) of the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020, after sub-paragraph (h), insert—

“(i)the Health Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020.”.

(6) In regulation 10(9) of the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020, after sub-paragraph (i) insert—

“(i)the Health Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020.”

(7) In the Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020—

(a)in regulation 9, in paragraph (1)(a), for “, 5 or” substitute “ or 5 ”;

(b)in regulation 10(9), after sub-paragraph (h), insert—

“(i)the Health Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020.”.

Commencement Information

I10Reg. 14 in force at 18.9.2020, see reg. 1(1)

Matt Hancock

Secretary of State for Health

Department for Health and Social Care

Regulations 3, 4 and 5

F62SCHEDULEE+WBusinesses subject to closure or restrictions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose restricted opening hours on businesses selling goods or providing services in certain areas in North East England. These businesses may not operate between 22:00 and 05:00, unless they are offering food and drink for consumption off the premises, provided by delivery. The Regulations further provide that the businesses subject to the restrictions on opening may offer food and drink for consumption on the premises only if it is served to customers sitting at a table. The Regulations also impose further restrictions on gatherings in those areas. The closures and restrictions last until they are terminated by a direction given by the Secretary of State or the Regulations expire under regulation 12.

The need for these restrictions must be reviewed by the Secretary of State every 14 days, with the first review taking place by 2nd October 2020.

No impact assessment has been prepared for these Regulations.

Yn ôl i’r brig

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