The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020

Part 3: general interpretation E+W

7.—(1) This paragraph applies for the purposes of this Part.

(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 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 M1 , under the Smoke-free (Premises and Enforcement) Regulations 2006 M2 .

(4) A place is a “public outdoor place” if it is an outdoor place to which the public have, or are permitted, access (whether on payment or otherwise) and includes—

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

(b) land which is “open country” as defined in section 59(2) of the National Parks and Access to the Countryside Act 1949 M3 , as read with section 16 of the Countryside Act 1968 M4 ;

(c) land which is “access land” for the purposes of Part 1 of the Countryside and Rights of Way Act 2000 M5 (see section 1(1) of that Act) M6 ;

(d) any highway to which the public has access;

(e) Crown land to which the public has access.

(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;

(iii) children's homes, within the meaning of section 1 of the Care Standards Act 2000 M7 ;

(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.

Commencement Information

I1 Reg. 7 in force at 5.11.2020, see reg. 1(2)

Marginal Citations

M1 2006 c. 28. Section 2 was amended by paragraph 4 of Schedule 2 to the Public Health (Wales) Act 2017 (2017 anaw 2).

M2 S.I. 2006/3368, to which there are amendments which are not relevant to these Regulations.

M3 1949 c. 97.

M4 1968 c. 41. Section 16 was amended by section 111 of the Transport Act 1968 (c. 73), Schedule 27 to the Water Act 1989 (c. 15) and S.I. 2012/1659. There are other amendments to section 16 which are not relevant to this instrument.

M5 2000 c. 37.

M6 The definition of “access land” has been amended by section 303(2) of, and Part 7 of Schedule 22 to, the Marine and Coastal Access Act 2009 (c. 23).

M7 2000 c. 14. Section 1 has been amended by paragraph 2 of Schedule 5 to the Health and Social Care Act 2008 (c. 14). There are other amendments to that section which are not relevant to these Regulations.