The Coronavirus Act 2020 (Early Expiry) (No. 2) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the expiry of provisions in the Coronavirus Act 2020 (c. 7) (the “Act”). The Secretary of State has obtained the necessary consents in respect of provisions of these Regulations which provide for the expiry of provisions in the Act which are within devolved competence; consent of the Scottish Ministers has been given in relation to section 23, and consent from the relevant Northern Ireland departments in relation to section 58, Parts 1 and 5 of Schedule 21, Parts 1 and 5 of Schedule 22, and paragraphs 14 and 15 of Schedule 16.

Regulation 2 provides for the expiry of provisions that extend and apply across the UK. Section 23 provides for powers to modify time limits in relation to urgent warrants under the Investigatory Powers Act 2016 (c. 25). Section 58 provides powers in relation to transportation, storage and disposal of dead bodies and human remains, this section is being expired in relation to Northern Ireland only. Sections 77(1) and (2) provide for the up-rating of the basic element of working tax credits in the tax year 2020-2021. Part 1 of Schedule 21 provides interpretation for Parts 2 and 5 of Schedule 21, which provide powers in relation to potentially infectious persons in England and Northern Ireland respectively, Part 1 is being expired in relation to England and Northern Ireland only. Part 1 of Schedule 22 provides interpretation for Parts 2 and 5 of Schedule 22, which provide powers to issue directions relating to events, gatherings and premises in England and Northern Ireland respectively, Part 1 is being expired in relation to England and Northern Ireland only.

Regulation 3 provides for the expiry of provisions that extend to England and Wales and Scotland. Section 77(3) provides for up-rating of benefits under the Social Security Administration Act 1992 in the tax year 2020-2021.

Regulation 4 provides for the expiry of a provision that extends to England and Wales. Section 56 provides for live links in magistrates’ court appeals against requirements or restrictions imposed on a potentially infectious person.

Regulation 5 provides for the expiry of provisions so far as they apply to England. Section 78 provides powers for local authorities to make regulations relating to local authority meetings. Part 1 of Schedule 16 provides powers for the temporary closure of educational institutions and childcare premises. Several subparagraphs and part of a subparagraph in paragraph 5(5) of Part 1 of Schedule 17 set out the enactments that the Secretary of State has powers to disapply by notice. Several entries on the table at subparagraph 5(6) of Part 1 of Schedule 17 set out the enactments that the Secretary of State has powers to modify by notice. Part 2 of Schedule 21 provides powers in relation to potentially infectious persons. Part 2 of Schedule 22 provides powers to issue directions relating to events, gatherings and premises.

Regulation 6 provides for the expiry of provisions which extends to Northern Ireland. Paragraphs 14 and 15 in Schedule 16 which provide powers for the temporary closure of schools and institutions of further and higher education. Part 5 of Schedule 21 provides powers relating to potentially infectious persons. Part 5 of Schedule 22 provides powers to issue directions relating to events, gatherings and premises.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.