Coronavirus Act 2020

Commentary on provisions of Act

Part 1: Main Provisions

Section 1: Meaning of "coronavirus" and related terminology

161. This section defines "coronavirus" and "coronavirus disease" which are terms used throughout the Act. It also explains that references to infection or contamination in the Act are references to infection or contamination with COVID-19. However, references to persons infected by COVID-19 do not (unless a contrary intention appears) include any person who has been infected but is clear of COVID-19 (unless the person is re-infected).
162. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland.

Section 2 and Schedule 1: Emergency registration of nurses and other health and care professionals

163. This section and Schedule make temporary modifications to the Nursing and Midwifery Order 2001 and the Health Professions Order 2001, allowing for the temporary registration of certain healthcare professionals.
164. On notification from the Secretary of State that an emergency is occurring or about to occur, the Registrar of the Nursing and Midwifery Council has the power to register a person or specified group of persons as a nurse, midwife, or nursing associate. On the same emergency notification procedure by the Secretary of State, the Registrar of the Health and Care Professions Council has the power to register a person or specified group of persons as a member of a ‘relevant profession’ i.e. physiotherapists, paramedics and others.
165. The relevant Registrar must be satisfied that the emergency registration requirement is met, i.e. that the person or persons are "fit, proper and suitably experienced to be registered" as a professional, with regard to the emergency.
166. Conditions of practice may be imposed, and the relevant Registrar may revoke the registration at any time including where the Registrar suspects that the person’s fitness to practise may be impaired.
167. The relevant Registrar must revoke the registration on notification from the Secretary of State that the emergency no longer exists, and transitional provision is made to ensure the Registrar’s power to revoke registration continues after the Act has expired.
168. There is no appeal right available where the relevant Registrar has refused to register a person under the emergency provision, or where the Registrar has revoked a person’s registration under the emergency provision.
169. If a person breaches a condition to which their registration is subject, anything that is done by the person in breach of the condition, is to be treated as if it has not been done by a professional regulated by the Nursing and Midwifery Council or Health and Care Professions Council.
170. For the purposes of the temporary modifications made by section 2 and Schedule 1 to the Act, certain provisions of the Nursing and Midwifery Order 2001 and the Health Professions Order 2001 do not apply to persons registered under the emergency provision. These disapplied provisions relate to the standard registration of healthcare professionals, education and training, and fitness to practise (save for articles enabling identification of an individual).
171. It is expected members of these professions who are recently retired, students, trainees and those on sabbatical would be appropriate for emergency registration, but this is not an exhaustive list. It is at the discretion of the Registrars to determine on the emergency registration requirement being met and who to register on a temporary basis.
172. The territorial extent and application of this section and Schedule is England and Wales, Scotland and Northern Ireland.

Section 3 and Schedule 2: Emergency arrangements concerning medical practitioners: Wales

173. The section and Schedule modifies the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 to support the fast deployment of temporarily registered health care workers by the NHS. The modifications permit medical practitioners with temporary registration under section 18A of the Medical Act 1983 to provide primary medical services despite not being included in the primary medical services performers list of a Local Health Board provided that they have made an application to the Local Health Board and the Local Health Board has not refused or deferred that application.
174. Provision is also made to ensure necessary associated contractual changes to the National Health Service (General Medical Services Contract) (Wales) Regulations 2004.
175. The territorial extent of the section and Schedule is England and Wales only and the application is Wales only.

Section 4 and Schedule 3: Emergency arrangements concerning medical practitioners: Scotland

176. The section and Schedule modify the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 to support the fast deployment of temporarily registered healthcare workers by the NHS. The modifications permit general practitioners with temporary registration under section 18A of the Medical Act 1983 to provide primary medical services despite not being included in the primary medical services performers list of a Health Board if they have applied to the Health Board and the Health Board has not refused or deferred the application.
177. Provision is also made to ensure necessary associated contractual changes to the National Health Service (General Medical Services Contract) (Scotland) Regulations 2018.
178. The territorial extent and application of this section and Schedule is Scotland only.

Section 5 and Schedule 4: Emergency registration of and extension of prescribing powers for pharmaceutical chemists: Northern Ireland

179. This section and Schedule amend the Pharmacy (Northern Ireland) Order 1976 (the "1976 Order") to allow the registrar to temporarily enter in the register the name of a pharmacist, or a group of pharmacists when directed by the Department of Health in Northern Ireland that an emergency has occurred or is occurring. This allows people who do not meet the qualifications under the 1976 Order to be registered in an emergency situation at the discretion of the registrar. Groups that could be considered for temporary registration may include pre-registration pharmacists or recently retired pharmacists.
180. Provision is also made to allow the registrar to temporarily annotate a pharmacist’s record or the record of a group of pharmacists in the register when directed by the Department of Health that an emergency has occurred or is occurring. The purpose of the annotation would be to extend the power to prescribe certain drugs, medicines and appliances to people who would not be authorised under the 1976 Order.
181. The Schedule also provides that certain provisions of the 1976 Order that do not apply to temporary registrations and annotations, can be reapplied to such registrations and annotations by regulations.
182. The Schedule removes certain decisions relating to temporary registrations and annotations from the scope of the normal appeal mechanisms under the 1976 Order.
183. The territorial extent and application of this section and Schedule is Northern Ireland only.

Section 6 and Schedule 5: Emergency registration of social workers: England and Wales

184. The Section and Schedule modify the Social Workers Regulations 2018 and the Regulation and Inspection of Social Care (Wales) Act 2016, allowing for the temporary registration of social workers in England and Wales. Social Work England (the "regulator") and the registrar for Social Care Wales (the "registrar") have the power to register a person or specified group of persons, as a social worker.
185. As with the emergency registration of healthcare professionals, the regulator or registrar must be satisfied that the emergency registration requirement is met, i.e. that the person or persons are "fit, proper and suitably experienced to be registered" with regard to the emergency. It is at the discretion of the regulator or registrar to determine who to register on a temporary basis. Conditions of practice may be imposed, and the regulator or registrar may revoke the registration at any time, including where they suspect that the person’s fitness to practise may be impaired. The regulator or registrar must revoke the registration if the Secretary of State advises the regulator or registrar that the circumstances leading to a notification of an emergency no longer exist.
186. Certain provisions of the Social Workers Regulations 2018 and the Regulation and Inspection of Social Care (Wales) Act 2016 are disapplied with regard to the conditions of registration of social workers. These disapplied provisions relate to the standard registration, education and training, and fitness to practise of social workers.
187. The territorial extent and application of this section and Schedule is England and Wales only.

Section 7 and Schedule 6: Temporary registration of social workers: Scotland

188. The section and Schedule modifies the Regulation of Care (Scotland) Act 2001 (the "2001 Act") to give the Scottish Social Services Council (the "SSSC") the power to consider applications for a temporary social worker in Scotland from those who have retired from being a social worker, those who are on a career break and from social work students. The Scottish Minsters have the power to direct the SSSC to start considering applications for temporary registration. Before issuing a direction, they must have regard to any advice from the Chief Medical Officer of the Scottish administration (or Deputy Chief Medical Officer of the Scottish administration), and be satisfied that the direction is necessary and proportionate in response to the risk of transmission of COVID-19, and its impact on the provision of social services in Scotland.
189. In order for the SSSC to register a person as a temporary social worker, it must be satisfied that the relevant criteria are met. An application for temporary registration can be made by a retired social worker or a person on a career break who was previously working as a social worker within the last 5 years. Applications for temporary registration can also be considered from social work students who are in the final year of their training. Applications can be received from persons who may have worked or obtained qualifications in Scotland, or another part of the UK. In each case, the SSSC has the discretion to determine if applicants are persons who are of good character and satisfy any requirements for competence and conduct.
190. It is at the discretion of the SSSC to determine who is registered on a temporary basis, and conditions on temporary registrations may be imposed. The SSSC may revoke the registration at any time including where they suspect that the person’s fitness to practise may be impaired. The SSSC must revoke the temporary registration if the Scottish Ministers directs it to cease considering applications for temporary registration. Provision is made to make it clear that any person who is on the register as a temporary social worker can apply, at any point they are on the register, for registration in another part of the register. This enables people who are retired or on a career break to make an application to return to work as a fully qualified social worker if they choose to do so. Equally, it enables social work students to apply to be registered as a social worker as soon as they complete their education, if they are still registered as a temporary social worker. If any such application is successful, that person would be removed from the register of temporary social workers. The SSSC has power to make rules in relation to the applications for temporary registration or those who are registered as temporary social workers. Certain provisions of the 2001 Act in relation to appeals against the decisions of the SSSC for application for full registration have been disapplied in respect of applications for temporary registration.
191. Section 7 and Schedule 6 amend the Registration of Social Workers and Social Services Workers in Care Services (Scotland) Regulations 2013 to increase the period of time which a person who is a social services worker or a social worker who works in the care service sector in Scotland must be registered to work in those services from 6 month to 12 months.
192. The territorial extent and application of this section and Schedule is Scotland only.

Section 8 and Schedule 7: Emergency volunteering leave

193. The section and Schedule establish a new form of unpaid statutory leave for employees and workers ("workers") that qualify as emergency volunteers for the purpose of Emergency Volunteering Leave ("EVL").
194. Part 1 of the Schedule sets out the entitlement to take EVL. To qualify for EVL a worker must be issued with an Emergency Volunteering Certificate ("EVL Certificate") by an appropriate authority confirming that they have been approved as an emergency volunteer, and that they will volunteer for a specified period. A worker must then provide written notice, including the EVL Certificate to their employer at least 3 working days before the first day of the period specified in the EVL Certificate. A worker is entitled to take a set block of 2, 3 or 4 consecutive weeks of EVL during a period of 16 weeks (a "volunteering period"). There is no requirement for a worker to have any qualifying period of service with their employer to take EVL. Subsequent volunteering periods can be specified by relevant national authorities in regulations. The categories of workers who are exempted from the entitlement to take EVL are set out in paragraph 3 of the Schedule and relevant national authorities are able to make regulations to extend the list of exempt workers.
195. Part 2 of the Schedule sets out the effect of an individual taking EVL. Paragraph 5 mandates the continued application of terms and conditions of employment during any period of EVL. Paragraph 6 sets out an individual’s right to return after a period of EVL. Paragraph 7 describes the effects of EVL on an individual’s pension rights.
196. Part 3 of the Schedule modifies the Employment Rights Act 1996 so as to make new provisions that ensure that workers who take or seek to take EVL are protected from detriment and that employees receive additional unfair dismissal protections. Part 3 also modifies the Employment Rights Act to allow for workers who take or seek to take EVL to pursue complaints and obtain remedies in the Employment Tribunal.
197. Part 4 of the Schedule modifies the Employment Rights (Northern Ireland) Order 1996 to insert equivalent protections to those described in respect of Part 3.
198. Part 5 of the Schedule is a general provision, which sets out the application of this Schedule to agency workers, and contains definitions and more information on powers to make regulations under the Schedule.
199. The territorial extent and application of provisions relating to EVL is England and Wales, Scotland and Northern Ireland, but Part 3 of the Schedule extends and applies to England and Wales and Scotland only, and Part 4 extends and applies to Northern Ireland only.

Section 9: Compensation for emergency volunteers

200. This section requires the Secretary of State to make arrangements for the payment of compensation to emergency volunteers for some loss of earnings (where relevant) and travelling and subsistence.
201. The territorial extent and application of the provision to establish an emergency volunteer compensation scheme is England and Wales, Scotland and Northern Ireland.

Section 10 and Schedules 8, 9, 10 and 11: Temporary modification of mental health and mental capacity legislation

202. This section gives effect to Schedules 8, 9, 10 and 11 which make temporary modifications to mental health and mental capacity legislation in England and Wales, Scotland and Northern Ireland.

England and Wales

203. Schedule 8 applies to England and Wales and modifies the Mental Health Act 1983 (the "MHA") and related provisions.
204. Paragraph 3 relates to sections 2 and 3 of the MHA, which allow for the compulsory hospitalisation of patients with mental disorders. Normally, applications by Approved Mental Health Professionals to detain patients must be supported by the recommendations of two doctors. However, paragraph 3(1) allows for applications to contain only one such medical recommendation, if obtaining the advice of two doctors is either impractical or would unduly delay the application.
205. Paragraph 4 modifies the effect of section 5 of the MHA, which allows for the short-term detention of patients who are already in hospital. It extends the maximum period for which a patient can be detained under section 5.
206. Paragraphs 5 to 8 provide for patients involved in the criminal justice system:
     1. Paragraph 5 extends the period for which a person accused of a crime can be remanded to hospital under sections 35 and 36 of the MHA, by removing the rule that a person cannot be remanded for more than 12 weeks in total. It will remain the case that a person cannot be remanded to hospital for more than 28 days at a time.
     2. Paragraph 6 applies to various sections of the MHA which allow a court to send an accused or convicted person to hospital. It provides that, in certain circumstances, courts can make such orders on the advice of one doctor rather than two.
     3. Paragraph 7 modifies the conditions under which the Secretary of State may make a "transfer direction", to move a serving prisoner or other type of detainee to hospital.
     4. Paragraph 8 deals with the time limits imposed by the MHA for taking an accused or convicted person to hospital, following a decision to admit them. It allows for the person to be taken to hospital as soon as is practicable after the normal limit expires.
207. Paragraph 9 changes procedures around the administration of medication to detained patients without their consent. Paragraph 10 extends the time for which a person can be kept in a "place of safety" by a police officer under sections 135 and 136 of the MHA.
208. Paragraphs 11 to 13 contain transitional provisions.

Scotland

209. Schedule 9 contains temporary modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003 (the "2003 Act"), the Criminal Procedure (Scotland) Act 1995 (the "1995 Act") and related subordinate legislation, to provide measures including:
     1. The modification of forms that are used in connection with the 2003 Act and Criminal Procedure (Scotland) Act 1995 or for such forms to be read as if they were so modified.
     2. Extending maximum periods of detention to 120 hours.
     3. Permitting a short term detention certificate ("STDC") to be granted without the need to first consult a mental health officer in certain circumstances and permitting a second STDC to be granted.
     4. Enabling a mental health officer ("MHO") to apply for a Compulsory Treatment Order under section 63 of the 2003 Act founded on only one mental health report, provided the MHO considers that it would be impractical or involve delay to obtain two mental health reports.
     5. Where a serving prisoner is found to be suffering from mental disorder and requires medical treatment, the Scottish Ministers may make a transfer for treatment direction ("TTD") under section 136(2) of the 2003 Act. Paragraph 6 permits that Ministers may be so satisfied on the basis of one report from an Approved Medical Practitioner, where they consider that to obtain two reports would be impractical or involve delay.
     6. Extending the limit on the length of time nurses can detain patients in hospital from 3 to 6 hours.
     7. Allowing for a prisoner to be transferred to hospital by a TTD.
     8. In relation to section 136(3) and (6) of the 2003 Act (which provides that where a prisoner is to be transferred to hospital by a TTD they should be so moved within 7 days of the date the direction was made), providing that the transfer may be made within that period or as soon as practicable after the end of that period.
     9. Enabling reviews of certain orders and directions at certain specified intervals carried out by responsible medical officers (RMO) to be suspended.
     10. Suspending the requirement imposed on the Scottish Ministers in certain circumstances to make a reference to the Tribunal in respect of hospital directions or transfer for treatment directions.
     11. Allowing that, where certain conditions are met, the RMO may administer medication to someone being treated under mental health legislation after the 2 month period laid out in the 2003 Act without the need to seek a second opinion from a designated medical practitioner (DMP) if the RMO has made a request for a DMP visit and it would cause undesirable delay to wait for the DMP’s assessment.
     12. Allowing a Mental Health Tribunal panel to operate with a reduced number of members where it is not practical to proceed with the required three members, as long as one of the members is a legal member or Sheriff Convener.
     13. Allowing the period of extension for assessment orders to be increased at the discretion of the court, from 14 days to 12 weeks.
     14. Enabling detention on the advice of just one medical practitioner (instead of the two required under the 2003 Act), if the court considers that it would be impractical in the circumstances to secure the second recommendation and the court is satisfied that the evidence of the single practitioner is sufficient.
     15. Providing that the conveyance or admittance of accused or convicted persons to hospital may be achieved as soon as is practicable after the end of the prescribed time limits in the 1995 Act.
     16. Allowing the Tribunal to decide a case without a hearing in the circumstance where the patient may have requested oral representations or oral evidence to be heard. In those circumstances, relevant parties could make written submissions to the Tribunal before a decision is reached.
     17. Allowing medical practitioners in Scotland who are not independent (e.g. are in the same hospital, or with a supervisory relationship, or working in an independent hospital where the patient is being treated), to examine a patient for the purposes of the 2003 Act.

Northern Ireland

210. Schedule 10 contains temporary modifications of the Mental Health (Northern Ireland) Order 1986 and related provisions including:
     1. Providing for the modification of forms used in connection with the Mental Health (Northern Ireland) Order (the "1986 Order") or for such forms to be read as if they were so modified.
     2. Modifying Part 2 of the 1986 Order relating to the application for detention and the periods of detention. This includes temporary modifications of the professional requirements to make applications and reports, and the length of time a person can be detained.
     3. Modifying the period during which a person can be remanded in hospital.
     4. Making modifications related to the medical evidence required before a court can make a remand or a healthcare disposal under the 1986 Order or make a determination of unfitness to plead or a direction for recording a finding that a person is not guilty by reason of insanity.
     5. Making modifications in relation to the medical reports required before a transfer of a prisoner or other person detained in a custodial environment to a healthcare environment can take place.
     6. Modifying the timescales within which an accused or convicted person is conveyed or admitted to hospital under the 1986 Order.
     7. Allowing the Department of Health in Northern Ireland to designate a different hospital than the one it previously designated in order to allow maximum flexibility during a period when it may be impractical to admit a person to the previously designated hospital and it would be possible that a person may be admitted sooner to a different hospital.
     8. Enabling the Department of Health in Northern Ireland to provide a modified Code of Practice during the time of the emergency.
     9. Making transitional provision where the procedures in Part 2 of Schedule 10 to the Act are already underway at the end of the period for which the relevant provision of this Schedule has effect.
211. Schedule 11 provides for modifications to the Mental Capacity Act (Northern Ireland) 2016 (the "2016 Act"), including:
     1. Introductory provisions - including interpretation and how to read the forms - that have been prescribed as a result of a subordinate legislation power in the 2016 Act.
     2. Modifying parts of the 2016 Act relating to the functioning of additional safeguards, such as the operation of the panels. This includes temporary modifications on timings relating to when reports can be made, the length of time an authorisation can last and requirements relating to who must be consulted before a report for short-term detention for examination can be authorised.
     3. Providing for an extension to the time limits for detaining a person in a place of safety.
     4. Modifying the period during which a person can be remanded in hospital.
     5. Modifying requirements for the medical evidence required before a court can make a remand or a healthcare disposal under Part 10 of the 2016 Act or make a determination of unfitness to plead or a direction for recording a finding that a person is not guilty by reason of insanity.
     6. Modifying timescales for a medical practitioner making an extension report for a public protection order without restrictions.
     7. Making modifications relating to medical reports required before a transfer of a prisoner or other person detained in a custodial environment to a healthcare environment can take place.
     8. Modifying timescales within which a person subject to a hospital transfer direction is admitted to hospital under Part 10 of the 2016 Act.
     9. Enabling the Department of Health in Northern Ireland to provide a modified Code of Practice.
     10. Making transitional provision where the procedures in Part 2 of Schedule 11 are already underway at the end of the period for which the relevant provision of this Schedule has effect.
     11. Providing a requirement for each health and social care trust to maintain certain records and to report and review how the provisions are used.
212. The territorial extent and application of section 10(1) and Schedule 8 is England and Wales only, the territorial extent and application of section 10(2) and Schedule 9 is Scotland only and the territorial extent and application of sections 10(3) and 10(4) and Schedules 10 and 11 is Northern Ireland only.

Section 11: Indemnity for health service activity: England and Wales

213. This section enables the Secretary of State (in relation to the NHS in England) and the Welsh Ministers (in relation to the NHS in Wales) to provide an indemnity for clinical negligence liabilities arising from NHS activities connected to the diagnosis, care or treatment of a person who has been diagnosed as having COVID-19 or is suspected, or is at risk, of having the disease. These powers are not exercisable where indemnity arrangements are already in place (whether under an insurance policy or otherwise) that cover the clinical negligence liability in question.
214. The section also extends to indemnity being provided for clinical negligence arising from NHS ‘business-as-usual’ activities that healthcare professionals and others (including retired healthcare professionals assisting with an outbreak) may be asked to carry out in consequence of the pandemic. These are NHS activities that are routinely provided as part of the NHS for England or the NHS for Wales and may include activities undertaken by healthcare professionals and others operating outside the scope of their usual day-to-day practices. In other words, these are NHS activities not connected to the diagnosis, care or treatment of a person who has been diagnosed as having COVID-19 disease, or is suspected, or is at risk, of having the disease. Once again, indemnity for such activities is not available where indemnity arrangements are already in place that cover the clinical negligence liability in question.
215. The Secretary of State and the Welsh Ministers also have powers to make arrangements authorising another person to provide such indemnity.
216. The territorial extent and application of this section is England and Wales only.

Section 12: Indemnity for health service activity: Scotland

217. The section enables the Scottish Ministers to provide indemnity for clinical negligence and other delictual liabilities (that is, liabilities relating to willful wrongs) arising from the NHS activities carried out in Scotland in the same circumstances as section 11 provides that the Secretary of State or the Welsh Ministers can provide indemnities. The Scottish Ministers also have powers to make arrangements authorising another person to provide such indemnity.
218. The territorial extent and application of this section is Scotland only.

Section 13: Indemnity for health and social care activity: Northern Ireland

219. The section enables the Department of Health in Northern Ireland (the "Department") to provide indemnity for clinical negligence arising from the NHS activities carried out in Northern Ireland in the same circumstances as section 11 provides that the Secretary of State or the Welsh Ministers can provide indemnities. The Department also has powers to make arrangements authorising another person to provide such indemnity.
220. The territorial extent and application of this section is Northern Ireland only.

Section 14: NHS Continuing Healthcare assessments: England

221. This section changes the procedure for discharge from an acute hospital setting for those with a social care need.
222. It allows NHS providers to delay undertaking the NHS Continuing Healthcare Assessment and pending that assessment, the patient will continue to receive NHS care.
223. The territorial extent of this section is England and Wales only and the application is England only.

Section 15 and Schedule 12: Local authority care and support

224. This section and Schedule replace various duties on Local Authorities in Part 1 of the Care Act 2014 or Parts 3 and 4 of the Social Services and Well-being (Wales) Act 2014 ("SSWWA") to assess needs for care and support, and to meet those needs, with a duty on Local Authorities to meet needs for care and support where for England, not to do so would be a breach of an individual’s human rights, and a power to meet needs in other cases. In Wales the test is aligned with the existing SSWWA provision where an adult or adult carer may be experiencing or at risk of abuse or neglect.
225. Local Authorities will have no duty to carry out assessments under sections 9, 10, 37, 58, 60 or 63 of the Care Act 2014, (or sections 19, 24 and 56 of the SSWWA); to make determinations of eligible needs under section 13 of the Care Act 2014 (or section 32 of the SSWWA); or to carry out financial assessments under section 14 of the Care Act 2014 (or section 63 of the SSWWA). No charge can be made under section 14 of the Care Act or 53 of the SSWWA unless a financial assessment has been carried out.
226. The duties on Local Authorities to meet eligible needs under sections 18, 19 and 20 of the Care Act 2014 (or sections 35 and 40 of the SSWWA) would be replaced by a duty to meet needs for care and support where failure to do so would breach an individual’s human rights and Local Authorities would have a power to meet other needs. They will still be expected to meet other needs if they are able to and to prioritise provision as necessary. In Wales the test is aligned with the existing SSWWA provision where an adult or adult carer may be experiencing or at risk of abuse or neglect.
227. Guidance to support prioritisation by Local Authorities may be issued by the Department of Health and Social Care for England and the Welsh Government for Wales, and the Secretary of State for England and the Welsh Ministers for Wales have a power to direct Local Authorities to comply with that guidance.
228. Local Authorities are permitted to provide urgent care to individuals without a full Care Act 2014 or SSWWA assessment, and without a financial assessment, and to prioritise the provision of care and support.
229. The territorial extent of these provisions is England and Wales only. Part 1 of the Schedule applies to England, and Part 2 of the Schedule applies to Wales.

Section 16: Duty of local authority to assess needs: Scotland

230. Under this section, the duty on Local Authorities to conduct a needs assessment under the Social Work (Scotland) Act 1968 is relaxed to allow Local Authorities the discretion to dispense with the requirement in order to provide services and support for those most in urgent need without delay. It provides that Local Authorities can dispense with the requirement if conducting an assessment would be impractical or cause undesirable delay.
231. The section also amends the duties under the Carers (Scotland) Act 2016 and associated regulations, to convert the duty to prepare an adult carer support plan/young carer statement to a power to do so.
232. The territorial extent and application of this section is Scotland only.

Section 17: Section 16: further provision

233. This section makes further provision for issuing statutory guidance, charging and protecting authorities against legal action if there are delays in providing assessments when the normal system is switched back on again.
234. The territorial extent and application of this section is Scotland only.

Section 18 and Schedule 13: Registration of deaths and still-births etc

235. Part 1 of the Schedule relates to England and Wales; Part 2 relates to Scotland and Part 3 relates to Northern Ireland.

Part 1 – England and Wales

236. The list of people who can give the necessary information to register a death under sections 16 and 17 of the Births and Deaths Registration Act 1953 (the "1953 Act"), is extended to include, where authorised by the deceased’s family, a funeral director. The requirements in the 1953 Act for a person to attend the Registrar’s office and sign the register in relation to a death (or still birth) in the presence of the Registrar is removed. Instead, information can be provided over the telephone or by any other method specified by the Registrar General in guidance.
237. Section 22 of the 1953 Act, which requires the medical practitioner who personally attended the deceased during their last illness to sign the medical certificate of cause of death ("MCCD") is modified. If this is impractical for the doctor, or if they are unable to do this, another doctor can state the cause of death to the best of their knowledge and belief and this certificate can be delivered to the Registrar to enable the death to be registered. Paragraph 4 also allows a doctor to sign the MCCD of a deceased person who was not attended personally during their last illness by a doctor, if the doctor can state cause of death to the best of their knowledge and belief.
238. The requirement for a death to be reported to the coroner if the deceased had not been seen by a doctor during their last illness is relaxed as long as there are no other factors that require the death to be reported to the coroner, and the doctor can state to the best of their knowledge and belief the cause of death. Without this provision there would be increased pressure on the coronial service arising from the modifications to section 22 of the 1953 Act.
239. The Notification of Deaths Regulations 2019 are also modified to limit the circumstances when a medical practitioner needs to notify a coroner of a person’s death under regulation 3(1).
240. The Registration of Births and Deaths Regulations 1987 (the "1987 Regulations") (at regulations 34, 42, 43 and 47) require a ‘qualified informant’ (a person allowed by the 1953 Act), normally a family member, to attend personally before a registrar to give the information to register the death (or still-birth). Paragraph 6 removes this requirement enabling registrars and members of the public to register deaths (or still-births) even if they cannot, for whatever reason, travel to a register office. This reduces the chance of cross infection in the general public and enables those who cannot travel due to their own illness, or caring responsibilities, or any other factor, to register a death.
241. The requirement in regulation 41(1)(b)(ii) of the 1987 Regulations that a death must be reported to the coroner if the certifying doctor has not seen the deceased after death or within 14 days from the date of death is relaxed so that the death need not be reported to the coroner if another doctor, other than the one certifying the cause of death, has seen the deceased after death or within an extended period of 28 days.

Part 2 – Scotland

242. Part 2 of the Schedule contains similar provisions for Scotland to paragraphs 1 to 3, 5, 7 and 8 of Part 1 of the Schedule for England and Wales, although the provisions refer to the registration of deaths and still-births under the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (the "1965 Act") rather than the 1926 Act, the 1953 Act, and the 1987 Regulations. There are some differences in provision, in comparison with England and Wales, and Northern Ireland.
243. Part 2 of the Schedule provides that a funeral director who is responsible for the arrangement of the funeral may give information concerning a death, as required under section 23(1) of the 1965 Act (as a first option) if the funeral director is so authorised by a relative.
244. Part 2 of the Schedule provides for alternative methods by which a person who is required under the 1965 Act to give information about a death or still-birth to the district registrar may attest the death registration form, or the register page for a still-birth, rather than attending at the registration office to manually sign the form or the page.

Part 3 - Northern Ireland

245. The registration of deaths and still-births in Northern Ireland is governed by the Births and Deaths Registration (Northern Ireland) Order 1976 (the "1976 Order") and the Civil Registration Regulations (Northern Ireland) 2012 (the "2012 Regulations").
246. The modifications made by Part 3 include streamlining the registration of a still birth. Part 3 requires a registered doctor or registered midwife to send a certificate of cause of stillbirth electronically to the registrar. In addition following receipt of the notification and a copy of the certificate of cause of stillbirth, the registrar can electronically issue the certificate of registration directly to the funeral director to enable the disposal of the body to proceed.
247. The requirements under regulation 25 of the 2012 Regulations that someone must attend personally before a registrar to verify and sign the registration of a death are relaxed and people can provide the particulars required for the registration of deaths or still-births either by telephone or electronically and removing the need for informants to sign the register.
248. Part 3 of the Schedule also relaxes requirements under Article 25 of the 1976 Order in relation to the signing of the MCCD) by a doctor. It provides that, if the deceased died of a natural illness and no doctor attended the deceased during their last illness, the MCCD may be signed by any doctor who is able to state the cause of the deceased’s death to the best of their knowledge and belief. If the deceased was seen by a doctor within 28 days prior to death another doctor can sign the MCCD if the person died as a result of natural illness, it is impracticable for the attending doctor to sign the MCCD and the signing doctor can state to the best of their knowledge and belief the cause of death. The Schedule includes a consequential amendment to Form 12 of the 2012 Regulations to align with this procedure.
249. Part 3 of the Schedule removes the requirement under section 7 of the Coroners Act (Northern Ireland) 1959 that a death from natural illness or disease must be notified to the coroner if the deceased has not been seen or treated by a registered doctor within 28 days prior to the death.
250. A doctor who signs the MCCD can send this electronically directly to the registrar.
251. Part 3 also enables the certificate of registration of death to be issued directly to the funeral director to enable the disposal of the body rather than having to be issued to the person giving the information (as provided for under Article 29 of the 1976 Order). It can be provided electronically.
252. There are transitional provisions in all three Parts of the Schedule which allow for anything that is being done in reliance on anything in the Schedule to continue to be done even after the relevant provisions no longer have effect. For example, documents relating to the registration of a death or still-birth (such as the cause of death or cause of still-birth certificate) that have been sent electronically before the provisions no longer have effect may still be processed.
253. The territorial extent and application of section 18(1) and Part 1 of the Schedule is England and Wales only, the territorial extent and application of section 18(2) and Part 2 of the Schedule is Scotland only and the territorial extent and application of section 18(3) and Part 3 of the Schedule is Northern Ireland only.

Section 19: Confirmatory medical certificate not required for cremations: England and Wales

254. This section modifies regulation 16 of the Cremation (England and Wales) Regulations 2008 so that the medical referee (a registered medical practitioner engaged by the cremation authority who authorises cremations) can authorise a cremation on the basis of the medical certificate from a single registered medical practitioner without the confirmatory medical certificate from a second registered medical practitioner. Removing this additional medical practitioner oversight simplifies the process in order to address the expected increased volume of deaths and the need to focus a reduced number of available medical practitioners on dealing with more priority cases whilst keeping a necessary level of safeguards in place.
255. The section also makes minor and consequential amendments to the Cremation (England and Wales) Regulations 2008 to facilitate the above.
256. The territorial extent and application of this section is England and Wales only.

Section 20 and Schedule 14: Review of cause of death certificates and cremations: Scotland

257. Part 1 of this Schedule enables the Scottish Ministers to suspend the review of death certificates in Scotland under the Registration of Births, Deaths and Marriages (Scotland) Act 1965 and the Certification of Death (Scotland) Act 2011 and makes provision for reviews which have been started but not completed when the suspension takes effect.
258. Part 2 of the Schedule enables the Scottish Ministers to suspend sections 53 to 55 and 87 of the Burial and Cremation (Scotland) Act 2016 and relevant associated provisions of the Cremation (Scotland) Regulations 2019. This removes duties on cremation authorities, funeral directors and local authorities to trace and contact relatives of deceased persons to ascertain their wishes in respect of ashes. Instead, the relevant bodies will be placed under a duty to retain the ashes and to comply with their duties under that Act once the provisions have been re-instated.
259. The territorial extent and application of the section and Schedule is Scotland only.

Section 21: Modifications of requirements regarding medical certificates for cremations: Northern Ireland

260. This section modifies the Cremation (Belfast) Regulations (Northern Ireland) 1961 (the "1961 Regulations") to apply in relation to the death of a person:
     1. To remove the requirement for the completion of Form C (Confirmatory Medical Certificate) from regulation 10.
     2. To make consequential modifications to the powers and duties of the Medical Referee in regulations 12 and 13 of the 1961 Regulations, due to the removal of the requirement to complete Form C. To remove the reference to a person being seen and treated within twenty-eight days by a registered medical practitioner for a natural illness or disease in the case where the matter has been referred to the Coroner.
     3. To remove the requirement in Forms A and B for a registered medical practitioner having to have attended a deceased person during their last illness and within twenty-eight days before death and make consequential modifications to Form B due to the removal of the requirement to complete Form C.
261. The territorial extent and application of this section is Northern Ireland only.

Section 22: Appointment of temporary Judicial Commissioners

262. This section creates a regulation-making power to modify section 227(4) of the Investigatory Powers Act 2016 so that at the request of the Investigatory Powers Commissioner the Secretary of State can provide for the Investigatory Powers Commissioner to directly appoint temporary Judicial Commissioners to carry out the functions conferred on Judicial Commissioners under the Act. The temporary Judicial Commissioners will be appointed for a term of up to 6 months each and renewable to a maximum period of 12 months in total for each temporary Judicial Commissioner.
263. The regulations must include a requirement on the Investigatory Powers Commissioner to inform the Lord Chancellor, the Lord Chief Justice of England and Wales, the Lord President of the Court of Session, the Lord Chief Justice of Northern Ireland, the Home Secretary and the Prime Minister.
264. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland.

Section 23: Time limits in relation to urgent warrants etc under Investigatory Powers Act

265. This section creates a regulation-making power to modify the relevant sections in the Investigatory Powers Act 2016 which specify the length of period referred to in the Act as "the relevant period" which relates to the time period for when authorisation is required by a Judicial Commissioner after a warrant has been issued.
266. Regulations made under this section can extend the "relevant period" to no more than 12 days for Judicial Commissioner approval and for the lifespan of the warrant. The section requires the regulations to be time-limited to a period of 12 months.
267. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland.

Section 24: Extension of time limits for retention of fingerprints and DNA profiles

268. The section confers a regulation-making power on the Secretary of State to ensure that the impact that COVID-19 is anticipated to have on the resources of the police does not lead to the loss of fingerprints and DNA profiles that would otherwise be retained for national security purposes.
269. The section permits the Secretary of State to make regulations to extend the periods for which fingerprints and DNA profiles may be retained for the purposes of national security.
270. Subsection (1) provides that the section applies to fingerprints and DNA profiles that are retained in accordance with a national security determination, under the provisions that are listed in subsection (1)(b), or that are retained before being destroyed in accordance with the provisions that are listed in subsection (1)(c).
271. Subsection (2) confers a power on the Secretary of State allowing them to make regulations to extend, for up to six months, the period for which the fingerprints and DNA profiles may be retained.
272. Subsection (3) provides that the Secretary of State may exercise the power under subsection (2) only if he or she considers:
     1. that COVID-19 is having, or is likely to have, an adverse effect on the capacity of persons responsible for making national security determinations to consider whether to make, or renew, national security determinations, and
     2. it is in the interests of national security to retain the fingerprints or DNA.
273. Subsection (4) provides that the power under subsection (2) may be exercised on more than one occasion. However it also provides that the power cannot be exercised so as to extend the period for which any fingerprints or DNA profile may be retained by more than 12 months.
274. Subsection (5) provides that the power under subsection (2) may be exercised only in relation to fingerprints and DNA profiles which (ignoring the possibility of an extension otherwise than by regulations under that subsection) would fall to be destroyed within the period of 12 months beginning with the day on which this Bill received Royal Assent (25th March 2020).
275. Subsection (6) provides that before making regulations under this section, the Secretary of State must first consult the Commissioner for the Retention and Use of Biometric Material.
276. Subsection (7) provides that if the Secretary of State has not exercised the power under subsection (2) within 3 months of the date on which the Act is passed, section 24 ceases to have effect.
277. The territorial extent and application of the section is England and Wales, Scotland and Northern Ireland.

Section 25: Power to require information relating to food supply chains

278. This section provides the appropriate authority with the power to require information from persons within, or closely connected to, a food supply chain in certain specified circumstances. The required information must relate to that person’s activities within that food supply chain.
279. The power may not be used to require an individual to provide information. This protects individual farmers and sole traders from being subject to requirements made under the powers.
280. This section limits the circumstances in which a requirement may be imposed to ensure that information can only be requested:
     1. if the authority considers the information is needed to establish (either alone or within other information) (i) whether the whole or part of a food supply chain is being disrupted or is at risk of disruption; or (ii) the nature of such a disruption; and
     2. if the authority has previously requested the person to do so and the person has not supplied information willingly or provided information which is misleading or false to a material extent.
281. In order to allow for the power to be used at short notice, this section allows for requirements to be made in writing, as opposed to through a Statutory Instrument.
282. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland.

Section 26: Authorities which may require information

283. This section provides for the power under section 25 to be exercised by "the appropriate authority". This section defines appropriate authorities for these purposes as:
     1. the Secretary of State;
     2. the Scottish Ministers, if and to the extent that an Act of the Scottish Parliament could have authorised the Scottish Ministers to impose the requirement;
     3. the Welsh Ministers, if and to the extent that an Act of the National Assembly for Wales could have authorised the Welsh Ministers to impose the requirement;
     4. the Department of Agriculture, Environment and Rural Affairs in Northern Ireland ("DAERA"), if and to the extent that an Act of the Northern Ireland Assembly made without the Secretary of State’s consent, could have authorised DAERA to impose the requirement.
284. Devolved Administrations’ ability to exercise the power at section 25 is linked to their respective Parliament or Assembly’s legislative competence. This section provides that where the Secretary of State wishes to exercise the power under section 25, if and to the extent that it could have been exercised by another of the appropriate authorities, the consent of the relevant authority is required.
285. This section provides that the Secretary of State is not required to seek consent from an appropriate authority in order to request information about an activity if and to the extent that the activity to which the requirement relates takes place outside of their area.
286. This section requires that any information obtained in response to a requirement made with the consent of another authority, and which relates to that authority’s area, must be disclosed to that authority.
287. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland.

Section 27: Restrictions on use and disclosure of information

288. This section places restrictions on the appropriate authority as to the use in decision making and the disclosure of information received as a result of the imposition of a requirement under section 25.
289. The first pre-condition which must be met before information can be either used or disclosed is that its use or disclosure is for a permitted purpose.
290. This section restricts the disclosure of information to bodies which are not government authorities to ensure that only anonymised information is shared. Disclosure of information onwards by a body which is not a government authority may only be made in accordance with the terms on which the information was initially disclosed to that body.
291. This section expressly limits the use and disclosure of information containing personal data under this section to that which is authorised by data protection legislation.
292. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland.

Section 28 and Schedule 15: Enforcement of requirement to provide information

293. This section sets out the enforcement regime for the power in section 25, with further information on the financial penalties detailed in Schedule 15.
294. The Schedule sets out the financial penalties for failing to comply with a requirement under section 25 or for providing information which is false or misleading. It provides for a financial penalty to be imposed, up to a maximum of 1% of qualifying turnover, after following the procedure set out in the schedule.
295. The Schedule provides that appeals may be made against the final notice to the First-tier Tribunal in England and Wales, to the sheriff court in Scotland, or to a county court in Northern Ireland, and the Schedule sets out the grounds of appeal at paragraph 7(2).
296. The Schedule does not make provision for the imposition of penalties on individuals as these persons are ruled out of the scope at section 25(6) as set out above.
297. The territorial extent and application of this section and the Schedule is England and Wales, Scotland and Northern Ireland.

Section 29: Meaning of "food supply chain" and related expressions

298. This section defines the term "food supply chain" and related terms.
299. It defines a food supply chain as supplying individuals with food or drink for personal consumption which have been produced to any extent through agriculture, fishing or aquaculture.
300. The definition captures both those in and those closely connected with a food supply chain. It is intended to catch suppliers at every point along a food supply chain before the product reaches the consumer, supplying either food products directly to industry/consumers, or critical dependencies into the food supply chain.
301. Those within a food supply chain include producers, slaughterhouses, packaging centres, distributors and retailers. The term ‘closely connected’ with a food supply chain is intended to capture suppliers who provide critical dependencies (or inputs) into the food supply chain (i.e. not directly supplying food). This may include those who supply seeds, fertiliser, chemicals, stock, equipment or similar items for use in agriculture, fishing or aquaculture; and those who provide goods or services either to producers or further up the supply chain which relate to the safety or quality of food or drink or the welfare of animals. This would include, for example, suppliers of CO₂ to slaughterhouses, suppliers of food packaging materials to packaging centres or companies which provide cleaning services to food processing plants.
302. The definition also captures trade bodies which represent those in or closely connected to a food supply chain. Defra works closely with many of these bodies in the response to any food supply chain disruption through the Food Chain Emergency Liaison Group.
303. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland.

Section 30: Suspension of requirement to hold inquest with jury: England and Wales

304. Under section 7(2)(c) of the Coroners and Justice Act 2009, an inquest into a death must be held with a jury if the coroner has reason to suspect that the death was caused by a notifiable accident, poisoning or disease.
305. The section modifies the Coroners and Justice Act 2009 so that COVID-19 is not a notifiable disease for the purposes of section 7(2)(c) and therefore the duty to hold a jury inquest in section 7 does not apply.
306. However, the coroner still retains the discretion to hold a jury inquest where they consider that there is sufficient reason to do so, under section 7(3) of the Coroners and Justice Act 2009.
307. The territorial extent and application of this section is England and Wales only.

Section 31: Suspension of requirement to hold inquest with jury: Northern Ireland

308. Section 18(1)(c) of the Coroners Act (Northern Ireland) 1959 requires an inquest into a death caused by a notifiable disease (a disease, notice of which is required under any enactment to be given to a government department, or to any inspector or other officer of a government department) to be held with a jury. Section 31 provides that COVID-19 is not a notifiable disease for the purposes of Section 18, removing the requirement for an inquest to be held with a jury where the death is from COVID-19.
309. The territorial extent and application of this section is Northern Ireland only.

Section 32: Deaths in custody from natural illness: Northern Ireland

310. This section enables a coroner to hold (or continue to hold) an inquest into a death in prison from natural illness without a jury. The section achieves this by providing that a coroner need not comply with the requirements set out under section 39 of the Prison Act (Northern Ireland) 1953, and under section 18(1) of the Coroners Act (Northern Ireland) 1959 which require an inquest into a death in prison to be held with a jury.
311. Inquests can still be heard with a jury if a coroner considers this desirable.
312. Section 13 of the Coroners Act (Northern Ireland) 1959 enables one inquest to be held into a number of deaths resulting from the same circumstances. The section modifies this provision to enable one inquest without a jury to be held into a number of deaths in prison from natural illness.
313. The territorial extent and application of this section is Northern Ireland only.

Section 33: Disapplication etc by Welsh Ministers of DBS provisions

314. The scope of this power is limited to the single issue of modifying or disapplying requirements about DBS checks in relation to regulations governing social care service providers and independent health care providers in Wales where there are requirements relating to vetting procedures for staff before they are permitted to start work. The provision requires the Welsh Ministers to issue a notice and to include on the notice a statement of why the notice is appropriate and proportionate should such DBS check requirements be modified or disapplied.
315. The purpose of this power is to put providers in Wales in the same position as those in other parts of the UK during the period of the COVID-19 outbreak. For example, in England vetting requirements for similar settings allow workers to begin work before an enhanced disclosure is received. However, the wording of the regulatory requirements in the schemes under Part 2 of the Care Standards Act 2000 and the Regulation and Inspection of Social Care (Wales) Act 2016 do not permit this in Wales even in an emergency. The provision provides equivalence for Wales, should the Welsh Ministers consider it safe and appropriate to do so, during the period of the COVID-19 outbreak.
316. The territorial extent of this section is England and Wales only and application of this section is Wales only.

Section 34: Temporary disapplication of disclosure offences: Scotland

317. This section allows the Scottish Ministers to issue a direction that disapplies the offences under section 35 (organisations not to use barred individuals for regulated work) and section 36 (personnel suppliers not to supply barred individuals for regulated work) of the Protection of Vulnerable Groups (Scotland) Act 2007. This is intended to ensure that NHS boards who are employing temporarily registered healthcare workers are not inadvertently committing an offence if they have not obtained a Protecting Vulnerable Groups ("PVG") disclosure check in advance.
318. The territorial extent and application of this section is Scotland only.

Section 35: Power to reclassify certain disclosure requests: Scotland

319. This section allows the Scottish Ministers, where they receive certain types of disclosure requests under the Protection of Vulnerable Groups (Scotland) Act 2007, to treat them as if they were a disclosure request which simply confirms whether or not the individual is in the PVG Scheme and if they are barred. This allows Disclosure Scotland to process disclosure applications more quickly, either in the event of increased demand to deploy temporarily registered healthcare workers quickly, or as a result of staff shortages due to sickness absence.
320. The territorial extent and application of this section is Scotland only.

Section 36: Vaccination and immunisation: Scotland

321. This Section modifies section 40 of the National Health Service (Scotland) Act 1978, which requires that vaccinations and immunisations are administered by medical practitioners or persons acting under their direction and control. The modified section provides that the Scottish Ministers are to make arrangements for the provision of vaccinations and immunisations in respect of any disease.
322. The section also consequentially modifies an existing provision which delegates the section 40 function to territorial health boards, so that boards can in practice continue to exercise this function as they do now, but without the requirement that this always be under the direction and control of a medical practitioner.
323. The territorial extent and application of this section is Scotland only.

Section 37 and Schedule 16: Temporary closure of educational institutions and childcare premises

Part 1 – England and Wales

324. This section and Part 1 of the Schedule confer on the Secretary of State and the Welsh Ministers the power to direct, by "temporary closure direction", the temporary closure of educational institutions and providers in England and Wales respectively, including maintained schools, independent schools, 16-19 Academies, further education providers, and higher education providers.
325. The Schedule provides equivalent powers in relation to registered childcare providers.
326. Such temporary closure directions can apply to named educational institutions or childcare providers, all educational institutions or childcare providers (or all of them in a particular area of England or Wales respectively), or all educational institutions or childcare providers of certain descriptions.
327. A temporary closure direction in respect of an educational institution requires the responsible body of that institution to take reasonable steps to secure that persons do not attend the premises of the institution for a specified period. A temporary closure direction in respect of a registered childcare provider requires the registered childcare provider to take the same steps in relation to the attendance of persons for purposes connected with the provision of childcare.
328. Temporary closure directions can relate to specific steps to be taken, specified persons, specified premises or parts of premises, attendance for specified purposes, and can be framed in relation to relevant matters, or they can be general.
329. Before giving a temporary closure direction, the Secretary of State must have regard to any advice from the Chief Medical Officer or one of the Deputy Chief Medical Officers, and must be satisfied that the direction is a necessary and proportionate action in response to the risk of transmission of COVID-19. A Welsh Minister must have regard to any advice from the Welsh Chief Medical Officer or one of the Welsh Deputy Chief Medical Officers, and must be satisfied that the direction is a necessary and proportionate action in response to the incidence of transmission of COVID-19.
330. The provisions of a temporary closure direction are enforceable, on application by the Secretary of State or Welsh Minister respectively, by injunction.
331. Where a temporary closure direction has effect in relation to a school there would be no breach or failure in relation to certain specified duties on Local Authorities to arrange for exceptional educational provision, or of specified duties in connection with school attendance orders in the case of non-attendance. Failure by a child to attend school is to be disregarded when considering whether an offence has been committed, in each case to the extent that any breach or failure is attributable to the direction.
332. Where a temporary closure direction has effect in relation to a registered childcare provider in England, there would be no breach of the duty of a Local Authority to secure free early years provision under section 7 of the Childcare Act 2006, or of the Secretary of State’s duty to secure 30 hours’ free childcare under section 1 of the Childcare Act 2016. Her Majesty’s Chief Inspector of Education, Children’s Services and Skills must take the direction into account when dealing with any allegation that a registered childcare provider to which the direction applies has failed to meet any requirement specified under section 39(1)(a) or (b) of the Childcare Act 2006.
333. Where a temporary closure direction has effect in relation to a registered childcare provider in Wales, there is no breach of the duty of a Local Authority to secure sufficient provision of nursery education under section 118 of the School Standards and Framework Act 1998 nor of the duty of the Welsh Ministers under section 1(1) of the Childcare Funding (Wales) Act 2019 to provide funding for childcare of working parents.
334. The Welsh Ministers must also, in exercising functions under Part 2 of the Children and Families (Wales) Measure 2010, take the direction into account when dealing with any allegation that a registered childcare provider to which the direction applies has failed to meet any requirement specified under section 30(3) of that Measure.
335. The Secretary of state or the Welsh Ministers respectively may authorise that a Local Authority exercise their functions with regards to the making of a temporary closure direction.
336. Temporary closure directions must be published by the Secretary of State or Welsh Minister respectively

Part 2 - Scotland

337. Section 37(2) and Part 2 of Schedule 16 confer on the Scottish Ministers the power to direct the temporary closure of all or part of specified educational establishments in Scotland, including local authority schools, independent schools, further education institutions, higher education institutions and registered childcare providers.
338. Under these provisions a relevant authority must have regard to any advice relating to coronavirus from the Chief Medical Officer of the Scottish Administration. "Relevant authority" in this context means a relevant operator of an educational establishment, a relevant manager of school boarding accommodation, or a relevant manager of student accommodation. Before giving a direction under Part 2 of the Schedule, the Scottish Ministers must also have regard to any such advice of the Chief Medical Officer and must be satisfied that giving the direction is a necessary and proportionate action in response to the incidence or transmission of coronavirus.
339. Paragraph 8(1) of the Schedule confers a power on the Scottish Ministers to give an "educational closure direction" to the relevant operator or operators of one or more named educational establishments, all educational establishments in Scotland or any part of Scotland, or educational establishments of a particular description in Scotland or any part of Scotland, to require the relevant operator to take reasonable steps to restrict access to that establishment for a specified period.
340. The direction may further provide that a failure to comply with any statutory duty or time limit imposed under any enactment or rule of law relating to education be disregarded to the extent that it is attributable to an educational closure direction. Paragraph 13(4) of the Schedule requires that a direction in these terms will be subject to review every 21 days.
341. An educational closure direction may include further provision as set out in paragraph 8(4). An educational closure direction can relate to specific steps to be taken, specified persons, specified premises or parts of premises, attendance for specified purposes, be framed in relation to relevant matters, or can be general.
342. "Relevant operator" in relation to a school means an education authority (in the case of a public school under the management of the authority), the managers of a grant-aided school, or the proprietor of an independent school. In relation to a further education institution or a higher education institution, it means that institution’s governing body. It includes a person who provides out of school care in a school.
343. Where Early Learning and Childcare ("ELC"), other school education or out of school care is provided by a person in premises other than a school, "relevant operator" also includes that person, and any reference to "educational establishment" also includes such premises. Where a child minder provides ELC or out of school care in premises that are mainly used as a private dwelling, any educational closure direction may only apply to the part of the premises in which such care is provided.
344. The Act also includes provisions for the effect any educational closure direction given by the Scottish Ministers may have on the operation of other education legislation in Scotland.
345. Where an educational closure direction has effect in relation to a school, paragraph 9 of the Schedule provides that any failure by an education authority to discharge any duty listed there is to be disregarded to the extent such failure is attributable to an educational closure direction. This also applies to ELC in relation to the premises that they are provided in if this is outside a school. Similar provision is made in respect of duties of education authorities in relation to additional support for learning, and the mandatory amount of ELC.
346. The duty of parents to provide education to their children under section 30(1) of the Education (Scotland) Act 1980 is also disapplied in respect of a child who is a pupil at a school in respect of which an educational closure direction has effect, and is unable to attend school regularly because of the direction.
347. Any failure of a child to attend a school in respect of which an educational closure direction has effect is to be disregarded for the purposes of section 35 of the Education (Scotland) Act 1980, to the extent the failure is attributable to the direction.
348. Power is conferred on the Scottish Ministers under paragraph 10 of the Schedule to give a "boarding accommodation closure direction" to the relevant manager or managers of one or more named school boarding establishments, all school boarding establishments in Scotland or any part of Scotland, or school boarding establishments of a particular description in Scotland or any part of Scotland.
349. A boarding accommodation closure direction given in respect of a school boarding establishment can require a relevant manager to take reasonable steps to restrict access to that establishment for a specified period; or to provide for pupils for whom boarding accommodation is provided to be confined there for a specified period.
350. Under paragraph 10(3), a boarding accommodation closure direction may provide that a failure to comply with any statutory duty or time limit imposed under any enactment or rule of law relating to education be disregarded to the extent that it is attributable to a boarding accommodation closure direction. Paragraph 13(4) specifies that a direction in these terms must be reviewed every 21 days.
351. A boarding accommodation closure direction can make further provision in terms of paragraph 10(4). A boarding accommodation closure direction can relate to specific steps to be taken, specified persons, specified premises or parts of premises, attendance for specified purposes, be framed in relation to relevant matters, or can be general.
352. Paragraph 11(1) confers a power on the Scottish Ministers to give a "student accommodation closure direction" to the relevant manager or managers of one or more named student accommodation premises, all student accommodation premises in Scotland or any part of Scotland, or student accommodation premises of a particular description in Scotland or any part of Scotland.
353. A student accommodation closure direction given in respect of student accommodation premises can require a relevant manager of student accommodation premises to take reasonable steps to restrict access to those premises for a specified period, or can provide for students for whom student accommodation is provided to be confined there for a specified period.
354. Under paragraph 11(3), a student accommodation closure direction may further provide that a failure to comply with any statutory duty or time limit imposed under any enactment or rule of law relating to education be disregarded to the extent that it is attributable to a student accommodation closure direction. A direction in these terms must be reviewed every 21 days, under paragraph 13(4).
355. A student accommodation closure direction can relate to specific steps to be taken, specified persons, specified premises or parts of premises, attendance for specified purposes, be framed in relation to relevant matters, or can be general.
356. Paragraph 12(1) requires a relevant authority to comply with a direction under Part 2 of the Schedule. A relevant authority must also have regard to any guidance given by the Scottish Ministers about how to comply with a direction. If a relevant authority fails to comply with a direction, paragraph 12(3) allows the Scottish Ministers to enforce the direction by an application for a court order for interdict or specific implement. The Scottish Ministers do not need to give notice to the relevant authority before applying for a court order.
357. Paragraph 13(1) requires the Scottish Ministers to publish a direction under Part 2 of the Schedule. A direction remains in force until the end of the period specified in the direction or until revoked by a further direction (whichever is earlier).

Part 3 – Northern Ireland

358. Paragraph 14 of the Schedule gives the Department of Education in Northern Ireland (the "DE") the power to direct the managers of particular schools, or schools in general, to close during a COVID-19 outbreak.
359. A duty is placed on the managers of a school, which is subject to a temporary closure direction, to have regard to any guidance issued by the DE about how to comply with a temporary closure direction. Temporary closure directions must be published.
360. A temporary closure direction can be enforced, on application by the DE, by injunction. No notice needs to be given to the managers of a school of such an application.
361. The following duties are relaxed for the period of the temporary closure direction: the current duty on parents to secure education of their children; the duty on managers of schools to provide milk and meals; the duty on the managers of schools to admit a child who is the subject of an attendance order; the duty on parents to ensure their children regularly attend school; and the duty on the Education Authority to make exceptional education provision for children who require it.
362. Paragraph 15 of the Schedule gives a power to the Department for the Economy in Northern Ireland to direct further education colleges and higher education institutions ("relevant institutions") in Northern Ireland to close.
363. The Department for the Economy in Northern Ireland is given the power to direct all relevant institutions in Northern Ireland, or particular relevant institutions, to close in the event of an outbreak of COVID-19. It must consult with the Chief Medical Officer in Northern Ireland or, in the Chief Medical Officer’s absence, the Deputy Chief Medical Officer before making such a direction.
364. Under a temporary closure direction, the governing bodies of relevant institutions must take all reasonable steps to ensure that no persons are in attendance at premises of the institution for the duration of a temporary closure direction.
365. Paragraph 16 of the Schedule also gives the Department of Health in Northern Ireland the power to issue temporary closure directions to registered day care providers and childminders (childcare providers) in the event of a COVID-19 pandemic. This requires the affected childcare providers to take reasonable steps to ensure that persons do not attend their premises for any purpose relating to childcare for the period of time set out in the direction.
366. The Department of Health in Northern Ireland is allowed to specify, in any temporary closure direction: any steps required to be taken by the childcare provider; the persons affected by restrictions in attendance at the premises; and the purposes for which attendance is restricted.
367. The Department of Health in Northern Ireland is required to publish any temporary closure direction and a temporary closure direction would apply until either the end of the period specified in in the direction, or the revocation of the direction by a further Departmental direction issued before that date.
368. Registered childcare providers are required to have regard to any guidance issued by the Department of Health in Northern Ireland in relation to compliance with temporary closure directions.
369. The Department of Health in Northern Ireland has a power to enforce a temporary closure direction by way of an injunction. An application for an injunction may be made without notice.
370. Provision is made, where a temporary closure direction is in place, for duties which an authority is required to discharge in respect of children in need by Article 19(2) or (5) of the Children (Northern Ireland) Order 1995 to be disregarded for the duration of the application of the temporary closure direction.
371. The territorial extent and application of section 37(1) and Part 1 of the Schedule is England and Wales only, the territorial extent and application of section 37(2) and Part 2 of the Schedule is Scotland only and the territorial extent and application of section 37(3) and Part 3 of the Schedule is Northern Ireland only.

Section 38 and Schedule 17: Temporary continuity: education, training and childcare

Part 1 - England and Wales

372. The section and Schedule give the Secretary of State and the Welsh Ministers the power to make directions in connection with the running of the education and registered childcare systems in England and Wales.
373. It allows the Secretary of State and the Welsh Ministers to direct that relevant institutions (which include registered childcare providers, schools, 16-19 academies and further and higher education providers) stay open or re-open and admit specified persons for the purposes of the receipt of education, training, childcare or ancillary services or facilities. It also allows a direction that other reasonable steps are taken for those purposes.
374. The Secretary of State may authorise a Local Authority to issue a temporary continuity direction in relation to a registered childcare provider, a school or 16-19 academy in its area, in England, and may authorise the Office for Students to issue a temporary continuity direction in relation to a higher education provider in England. The Welsh Ministers have similar powers in relation to Wales.
375. The section further allows the Secretary of State and the Welsh Ministers, by notice, to disapply and modify, for a maximum period of one month, certain specified legislative requirements or restrictions relating to education or childcare, and any similar provision found in academy arrangements as applicable. Any such notice must be published, and other reasonable steps must be taken to bring the notice to the attention of those affected by it.

Part 2 - Scotland

376. Section 38(2) and Part 2 of the Schedule confer on the Scottish Ministers powers to make directions in connection with the running of educational establishments in Scotland.
377. Under paragraph 10(1), a relevant operator of an educational establishment is under a duty to have regard to any advice relating to coronavirus from the Chief Medical Officer of the Scottish Administration. Before issuing a direction under paragraph 11, the Scottish Ministers must also have regard to such advice and must be satisfied that the giving of the direction is a necessary and proportionate action for or in connection with the continued provision of education.
378. Paragraph 11(1) provides that the Scottish Ministers may give an educational continuity direction to one or more named educational establishments in Scotland, to all educational establishments in Scotland or any part of Scotland, or to educational establishments in Scotland of a particular description.
379. Paragraph 11(2) defines an educational continuity direction as a direction relating to the continuing operation of an educational establishment for a specified period.
380. Paragraph 11(3) provides that an educational continuity direction may provide that any failure to comply with a duty or time limit imposed under any enactment or rule of law relating to education is to be disregarded where an educational continuity direction is in force. A direction in these terms must be reviewed every 21 days (under paragraph 13(4)).
381. Paragraph 11(4) provides that an educational continuity direction may confer additional functions on a relevant operator relating to the provision of early learning and childcare, schools education, further education or higher education; the provision of related services (for example, out of school care); or the use of the operator’s premises for the purpose of protecting public health. Further provision on the types of matters that may be specified in an educational continuity direction are set out in subparagraph (4)(b) to (m). This includes requiring an educational establishment to open, stay open or re-open; requiring a relevant operator to allow people (who would not otherwise attend) to attend an establishment under that operator’s management; requiring measures to ensure hygiene standards be put in place; and requiring the alteration of term dates, holiday dates or exam dates.
382. Paragraph 11(5) defines "relevant operator", "relevant premises" and "specified" for the purposes of Part 2 of the Schedule.
383. Paragraph 12(1) provides that a relevant operator must comply with an educational continuity direction. Enforcement of compliance is by way of an application by the Scottish Ministers for an interdict or specific implement.
384. Paragraph 12(2) provides that the Scottish Ministers may issue guidance in relation to compliance with their functions under this Part, and a relevant authority must have regard to any such guidance.
385. Paragraph 13(1) requires Ministers to publish an educational continuity direction. A direction has effect for the period specified in it, or until revoked by a further direction.

Part 3 –Northern Ireland

386. The provisions give the Department of Education (DE) the power to issue a direction to the Education Authority or schools. This direction is called a Temporary Continuity Direction.
387. A temporary continuity direction is one which insists that the body (or bodies) named in the direction should take such action as DE considers appropriate in connection with the provision of education or any services that DE specifies are in relation to educational services.
388. DE must have regard to advice from the Chief Medical Officer (or deputies) prior to the issue of a direction under this provision. DE must also be satisfied that the direction must be necessary and proportionate and lead to action that allows the continuation of education in NI at the time of a COVID-19 outbreak.
389. The Schedule describes the kind of information that can be included in a Temporary Continuity Direction.
390. The body named in a direction must consider DE advice on how to meet the terms of the direction. DE has a duty to publish all directions.
391. Should the body named in a direction (be that the Education Authority or a school or schools) not comply, in the opinion of DE, with the terms of a direction then DE has the power to apply to a court for an injunction to enforce the direction.
392. Should DE apply for an injunction against any body it does not have to inform the body prior to the application.
393. Should a direction include an alteration of term dates or holiday dates, this section allows for a relaxation of schools’ duties in relation to these dates.
394. The provisions also give the Department for the Economy (the "Department") the power to issue a Temporary Continuity Direction to further education colleges or higher education institutions.
395. A temporary continuity direction is one which requires the institutions named in the direction to take such action as the Department considers appropriate in connection with the provision of further and higher education or any services that the Department specifies are in relation to educational services.
396. The Department must have regard to advice from the Chief Medical Officer (or deputies) prior to the issue of a direction under this provision. The Department must also be satisfied that the direction must be necessary and proportionate and lead to action that allows the continuation of education in Northern Ireland at the time of a COVID-19 outbreak.
397. The Department has a duty to publish all directions. Should the institutions named in a direction not comply with the terms of a direction then the Department has the power to apply to a court for an injunction to enforce the direction. Should the Department apply for an injunction against any body it does not have to inform the body prior to the application.
398. The Department of Health in Northern Ireland may also give temporary continuity directions that apply to registered day care providers and childminders under paragraph 16 of the Schedule.
399. The territorial extent and application of section 38(1) and Part 1 of the Schedule is England and Wales only, the territorial extent and application of section 38(2) and Part 2 of the Schedule is Scotland only and the territorial extent and application of section 38(3) and Part 3 of the Schedule is Northern Ireland only.

Section 39: Statutory sick pay: funding of employers’ liabilities

400. This section inserts a new section 159B in the Social Security Contributions and Benefits Act 1992, providing for a power in relation to the funding of additional employer liabilities for Statutory Sick Pay ("SSP") incurred as a result of the COVID-19 outbreak. Qualifying employers would therefore receive a specified rebate for SSP payments made for a specified period. The Secretary of State is allowed to make regulations regarding the recovery from HMRC of additional payments of SSP by qualifying employers for absences related to COVID-19. The regulations may in particular control the levels of rebate, to whom the rebate is paid, and the period for which the rebate will be available. As the situation changes with regard to the virus, it might be considered appropriate to extend the rebate to larger businesses. Also, it might become necessary to increase, or decrease, the amount of the rebate payable. This is achievable using the new regulation making power.
401. There are penalties for employers who make fraudulent claims or who fail to keep the records required to support a claim.
402. The territorial extent and application of this section is England and Wales and Scotland only.

Section 40: Statutory sick pay: power to disapply waiting period limitation

403. This section enables the Secretary of State to make regulations which can disapply section 155(1) of the Social Security Contributions and Benefits Act 1992 in relation to an employee whose incapacity for work is related to COVID-19. This means that the regulations can be used to temporarily suspend waiting days for those employees who are absent from work due to COVID-19.
404. The territorial extent and application of this section is England and Wales and Scotland only.

Section 41: Statutory sick pay: modification of regulation making powers

405. This section amends section 151 of the Social Security Contributions and Benefits Act 1992 to include a provision that the Secretary of State may make regulations referring to guidance issued by Public Health England, National Health Services Scotland and Public Health Wales in determining whether an employee should be deemed to be incapable of work by reason of COVID-19, for example because the employee is self-isolating.
406. The territorial extent and application of this section is England and Wales and Scotland only.

Section 42: Statutory sick pay: funding of employers’ liabilities: Northern Ireland

407. This section inserts a new section (154B) in the Social Security Contributions and Benefits (Northern Ireland) Act 1992. It provides for a power in relation to the funding of additional employer liabilities for SSP incurred as a result of the COVID-19 outbreak. The section provides the Commissioners for Her Majesty’s Revenue and Customs with a power to make regulations which provide for the payment by employers of SSP for absences related to COVID-19 to be recoverable from HMRC in prescribed circumstances.
408. The regulations may control the levels of rebate, to whom the rebate is paid, and the period for which the rebate will be available. As the nature of the COVID-19 outbreak changes, it might be considered appropriate to extend the rebate to larger businesses. It might also become necessary to increase, or decrease, the amount of the rebate payable. The above will be achievable using the new regulation-making power.
409. There are penalties for employers who make fraudulent claims or who fail to keep the records required to support a claim.
410. The territorial extent and application of this section is Northern Ireland only.

Section 43: Statutory sick pay: power to disapply waiting period limitation: Northern Ireland

411. This section enables the Secretary of State to make regulations which can disapply section 151(1) of the Social Security Contributions and Benefits Act (Northern Ireland) Act 1992 in relation to an employee whose incapacity for work is related to COVID-19. This means that the regulations can be used to temporarily suspend waiting days for those employees who are absent from work due to COVID-19.
412. The territorial extent and application of this section is Northern Ireland only.

Section 44: Statutory sick pay: modification of regulation making power: Northern Ireland

413. This section amends section 147 of the Social Security Contributions and Benefits Act (Northern Ireland) Act 1992 to include a provision that the Secretary of State may make regulations referring to guidance issued by the Regional Agency for Public Health and Social Well-being, Public Health England, National Health Services Scotland and Public Health Wales in determining whether an employee should be deemed to be incapable of work by reason of COVID-19, for example because the employee is self-isolating.
414. The territorial extent and application of this section is Northern Ireland only.

Section 45: NHS Pension Schemes: suspension of restrictions on return to work: England and Wales

415. This section omits certain regulations that provide for pension abatement and suspension so as to enable individuals already in receipt of their NHS pension to return to work, or increase their working capacity if they have already returned, without facing either suspension or abatement of their pension.
416. Regulation S1 of the National Health Service Pension Scheme Regulations 1995 (the "1995 NHS Pension Regulations") requires a member’s pension benefits to be suspended if they return to NHS employment and commit to more than 16 hours per week within one month of the pension becoming payable.
417. Subsection (1)(a) omits regulation S1 so that a member who has recently retired from the NHS and elects to immediately return at a capacity of above 16 hours per week will not have their pension suspended.
418. Subsection (1)(b) omits the reference to Regulation S2(1A)(c) in paragraph (3) of regulation S2 of the 1995 NHS Pension Regulations. Regulation S2(1A)(c) applies to members who are "special class officers". Special class officers are able to access their pension benefits at age 55 rather than 60. If a special class officer in receipt of benefits returns to work before the age of 60, they will have their pension abated in accordance with regulation S2(3) of the 1995 NHS Pension Regulations. Removing the reference to Regulation S2(1A)(c) in regulation S2(3) will allow special class officer members to return to NHS work, or increase their working commitment if they have already returned without having their pension abated.
419. The National Health Service Pension Regulations 2008 (the "2008 NHS Pension Regulations") and the National Health Service Pension Regulations 2015 (the "2015 NHS Pension Regulations") make provision for the partial retirement of members. Members exercising this option are able to draw down a portion of their pension on the condition that they reduce their pensionable pay (or level of commitment to the NHS) by at least 10%.
420. Subsection (2) omits regulation 2.D.6(2)(a) (abatement of pension following increase in pensionable pay) and regulation 3.D.6(2)(a) (abatement of pension following increase in engagement in employment) of the 2008 NHS Pension Regulations and subsection (3) omits regulation 86(3) of the 2015 NHS Pension Regulations. Those regulations provide that a member will have their pension abated in full if the terms of the member’s employment change and their level of pay increases within 12 months of the member electing to draw down their pension.
421. The territorial extent and application of this section is England and Wales only.

Section 46: NHS pension schemes: suspension of restrictions on return to work: Scotland

422. This section omits in respect of Scotland certain regulations that provide for pension abatement and suspension so as to enable individuals already in receipt of their NHS pension to return to work, or increase their working capacity if they have already returned without facing either suspension or abatement of their pension. The regulations omitted are the nearest Scottish equivalent regulations to those omitted as regards England and Wales by section 45.
423. The territorial extent and application of the section is Scotland only.

Section 47 Health and social care pension schemes: suspension of restrictions on return to work: Northern Ireland

424. This section omits in respect of Northern Ireland certain regulations that provide for pension abatement and suspension so as to enable individuals already in receipt of their health and social care pension to return to work, or increase their working capacity if they have already returned without facing either suspension or abatement of their pension. It has the same effect for Northern Ireland equivalent legislation as outlined as regards England and Wales by section 45.
425. The extent and application of the section is Northern Ireland only.