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

Amendment of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

2.—(1) The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020(1) are amended as follows.

(2) In regulation 1(3)—

(a) before sub-paragraph (za), insert—

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

(b) after sub-paragraph (aa), insert—

“(aaa) “linked household” has the meaning given in regulation 7A(3);”;

(c) in paragraph (ab), omit the words from “and for these purposes” to the end.

(3) In regulation 4, after paragraph (6), insert—

“(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.”.

(4) In regulation 5—

(a) in paragraph (1)—

(i) for the opening words, substitute “A person responsible for providing library services (“the library services provider”) must, during the emergency period”;

(ii) in sub-paragraph (a), omit “carry on that business or”;

(iii) in sub-paragraph (b), omit “carry out its business or”;

(iv) in sub-paragraph (c), omit “carry on its business or”;

(b) for paragraph (2), substitute—

“(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.”;

(c) in paragraph (6)—

(i) at the end of sub-paragraph (c), omit “or”;

(ii) at the end of sub-paragraph (d), insert—

“or

(e) for private prayer by individuals, and for these purposes, “private prayer” means prayer which does not form part of communal worship.”;

(d) after paragraph (6), insert—

“(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.”.

(e) in paragraph (7)—

(i) at the end of sub-paragraph (a), omit “or”;

(ii) at the end of sub-paragraph (b), insert—

“, or

(c) to host an indoor market”;

(f) in paragraph (9), for “(1)” in both places it occurs, substitute “(2)”.

(5) In regulation 6—

(a) in paragraph (1), at the end, insert “or where their linked household is living”;

(b) in paragraph (2)(d), after paragraph (v), insert—

“(vi) to enable P to attend a birth or make a visit as permitted by regulation 7(2)(g), (h) or (i);”.

(6) In regulation 7(2)—

(a) in sub-paragraph (a), at the end, insert “or members of two households which are linked households in relation to each other”;

(b) after sub-paragraph (c), insert—

“(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;”;

(c) after sub-paragraph (f), insert—

“(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).”.

(7) After regulation 7, insert—

“Linked households

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.”.

(8) In regulation 9(2), after “Regulations” insert “, including any person who is a relevant person for the purposes of regulation 8,”.

(9) In regulation 10(12), at the end insert “or the obstruction under regulation 9(2) of a person carrying out a function under regulation 8”.

(10) In Schedule 2—

(a) in Part 2—

(i) in paragraph 5, at the end, insert “, except for drive-in cinemas”;

(ii) in paragraph 10, at the end, insert “but not including retail galleries, where the majority of the art on display is for sale”;

(iii) omit paragraph 12;

(iv) omit paragraph 23;

(v) for paragraph 23C, substitute—

“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.”

(vi) omit paragraph 23D;

(vii) in paragraph 23E(2), in the opening words, omit “shops and”;

(b) omit Part 3.

(1)

S.I. 2020/350, amended by S.I. 2020/447, 2020/500 and 2020/558.

(2)

2000 c. 14. Section 3 has been amended by paragraph 4 of Schedule 5 to the Health and Social Care Act 2008 (c. 14). There are other amendments to section 3 which are no relevant to these Regulations.