SCHEDULES
SCHEDULE 22Powers to issue directions relating to events, gatherings and premises
F2PART 1General
Interpretation
1
1
In this Schedule—
“Crown premises” means (subject to sub-paragraph (2)) any premises that are property—- a
belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, - b
belonging to the Duchy of Cornwall, - c
belonging to a government department or held in trust for Her Majesty for the purposes of a government department, or - d
belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration;
- a
“premises” includes any place and, in particular, includes—- a
any vehicle, train, vessel or aircraft, - b
any tent or movable structure, and - c
any offshore installation (within the meaning given by regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (S.I. 1995/738)),
and references to premises include a part of premises;- a
“specified” means specified in a direction issued under this Schedule;“vessel” has the same meaning as in the Public Health (Control of Disease) Act 1984 (see section 74 of that Act).
2
For the purposes of sub-paragraph (1), “Crown premises” does not include any vessel—
a
belonging to Her Majesty, or
b
under the command or charge of an officer holding Her Majesty's commission.
3
This Schedule applies in relation to Crown premises as it applies in relation to any other premises.
Disapplication to the Parliamentary Estate
2
Nothing in this Schedule applies in relation to the Parliamentary Estate.
PART 2Powers relating to events, gatherings and premises in England
Power to prohibit or otherwise restrict events or gatherings in England
5
1
The Secretary of State may, for the purpose of—
a
preventing, protecting against, delaying or otherwise controlling the incidence or transmission of coronavirus, or
b
facilitating the most appropriate deployment of medical or emergency personnel and resources,
issue a direction prohibiting, or imposing requirements or restrictions in relation to, the holding of an event or gathering in England.
2
A direction under sub-paragraph (1) may be issued in relation to—
a
a specified event or gathering, or
b
events or gatherings of a specified description.
3
A direction under sub-paragraph (1) may only have the effect of imposing prohibitions, requirements or restrictions on—
a
the owner or occupier of premises for an event or gathering to which the direction relates;
b
the organiser of such an event or gathering;
c
any other person involved in holding such an event or gathering.
4
A direction under sub-paragraph (1) may only be issued during a public health response period.
5
A direction under sub-paragraph (1) may, among other things, impose requirements about informing persons who may be planning to attend an event or gathering of its prohibition or any requirements or restrictions imposed in relation to the holding of it.
6
For the purposes of sub-paragraph (2), events or gatherings may be described—
a
by reference to a number of people attending the event or gathering,
b
by reference to a requirement for medical or emergency services to attend the event or gathering, or
c
in any other way.
7
The reference in sub-paragraph (3)(c) to a person involved in the holding of an event or gathering does not include a person whose only involvement in the event or gathering is, or would be, by attendance at the event or gathering.
Power to close premises in England or impose restrictions on persons entering or remaining in them
6
1
The Secretary of State may, for the purpose of—
a
preventing, protecting against, delaying or otherwise controlling the incidence or transmission of coronavirus, or
b
facilitating the most appropriate deployment of medical or emergency personnel and resources,
issue a direction imposing prohibitions, requirements or restrictions in relation to the entry into, departure from, or location of persons in, premises in England.
2
A direction under sub-paragraph (1) may be issued in relation to—
a
specified premises, or
b
premises of a specified description.
3
A direction under sub-paragraph (1) may only have the effect of imposing prohibitions, requirements or restrictions on—
a
the owner or occupier of premises to which the direction relates;
b
any other person involved in managing entry into, or departure from, such premises or the location of persons in them.
4
A direction under sub-paragraph (1) may only be issued during a public health response period.
5
A direction under sub-paragraph (1) may, among other things, impose requirements for the purpose of—
a
closing the premises;
b
restricting entry into the premises;
c
securing restrictions in relation to the location of persons in the premises.
6
A direction under sub-paragraph (1) may impose prohibitions, requirements or restrictions by reference to (among other things)—
a
the number of persons in the premises;
b
the size of the premises;
c
the purpose for which a person is in the premises;
d
the facilities in the premises;
e
a period of time.
Variations and revocations
7
The Secretary of State may vary or revoke to any extent a direction issued under this Part of this Schedule.
Procedure
X38
1
Before issuing a direction under this Part of this Schedule, the Secretary of State must have regard to any relevant advice given to the Secretary of State by the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care.
2
Where a direction imposes prohibitions, requirements or restrictions on a person specified by name, the direction—
a
must be given in writing to that person, and
b
may be published in such manner as the Secretary of State considers appropriate to bring it to the attention of other persons who may be affected by it.
3
In any other case, the direction must be published in such manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by it.
4
Where the Secretary of State varies or revokes a direction which imposes prohibitions, requirements or restrictions on a person specified by name, notice of the variation or revocation—
a
must be given in writing to that person, and
b
may be published in such manner as the Secretary of State considers appropriate to bring it to the attention of other persons who may be affected by it.
5
Where the Secretary of State varies or revokes any other direction, notice of the variation or revocation must be published in such manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by the variation or revocation.
Offences
9
1
A person commits an offence if the person fails without reasonable excuse to comply with a prohibition, requirement or restriction imposed on the person by a direction issued under this Part of this Schedule.
2
A person guilty of an offence under this paragraph is liable on summary conviction to a fine.
10
1
If an offence under paragraph 9 committed by a body corporate is proved—
a
to have been committed with the consent or connivance of an officer of the body, or
b
to be attributable to any neglect on the part of such an officer,
the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.
2
In sub-paragraph (1), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.
Enforcement and prosecutions
11
1
A person, or description of person, designated in writing for the purpose of this sub-paragraph by the Secretary of State may take such action as is necessary to enforce compliance with a direction issued under this Part of this Schedule.
2
Proceedings for an offence under this Part of this Schedule may be brought by a person, or description of person, designated in writing for the purpose of this sub-paragraph by the Secretary of State.
3
The powers conferred by or under this paragraph do not affect any other power to enforce compliance with a direction issued under this Part of this Schedule or to bring proceedings for an offence under this Part of this Schedule.
End of public health response period
12
When a public health response period comes to an end, a direction under this Part of this Schedule issued during that period ceases to have effect in respect of times after the end of the period.
F3PART 3Powers relating to events, gatherings and premises in Scotland
Sch. 22 Pt. 3 expires (S.) (12.12.2021) by The Coronavirus Act 2020 (Early Expiry of Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/439), regs. 1(1), 2(b)
F3Power to prohibit or otherwise restrict events or gatherings in Scotland
F315
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3Power to close premises in Scotland or impose restrictions on persons entering or remaining in them
F316
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3Variations and revocations
F317
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3Procedure
F318
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3Enforcement
F319
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3Constables
F320
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3Offences
F321
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F322
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3Compensation
F323
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3End of public health response period
F324
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3Review
F325
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4Powers relating to events, gatherings and premises in Wales
Power to prohibit or otherwise restrict events or gatherings in Wales
28
1
The Welsh Ministers may, for the purpose of—
a
preventing, protecting against, delaying or otherwise controlling the incidence or transmission of coronavirus, or
b
facilitating the most appropriate deployment of medical or emergency personnel and resources,
issue a direction prohibiting, or imposing requirements or restrictions in relation to, the holding of an event or gathering in Wales.
2
A direction under sub-paragraph (1) may be issued in relation to—
a
a specified event or gathering, or
b
events or gatherings or a specified description.
3
A direction under sub-paragraph (1) may only have the effect of imposing prohibitions, requirements or restrictions on—
a
the owner or occupier of premises for an event or gathering to which the direction relates;
b
the organiser of such an event or gathering;
c
any other person involved in holding such an event or gathering.
4
A direction under sub-paragraph (1) may only be issued during a public health response period.
5
A direction under sub-paragraph (1) may, among other things, impose requirements about informing persons who may be planning to attend an event or gathering of its prohibition or any requirements or restrictions imposed in relation to the holding of it.
6
For the purposes of sub-paragraph (2), events or gatherings may be described—
a
by reference to a number of people attending the event or gathering,
b
by reference to a requirement for medical or emergency services to attend the event or gathering, or
c
in any other way.
7
The reference in sub-paragraph (3)(c) to a person involved in the holding of an event or gathering does not include a person whose only involvement in the event or gathering is, or would be, by attendance at the event or gathering.
Power to close premises in Wales or impose restrictions on persons entering or remaining in them
29
1
The Welsh Ministers may, for the purpose of—
a
preventing, protecting against, delaying or otherwise controlling the incidence or transmission of coronavirus, or
b
facilitating the most appropriate deployment of medical or emergency personnel and resources,
issue a direction imposing prohibitions, requirements or restrictions in relation to the entry into, departure from, or location of persons in, premises in Wales.
2
A direction under sub-paragraph (1) may be issued in relation to—
a
specified premises, or
b
premises of a specified description.
3
A direction under sub-paragraph (1) may only have the effect of imposing prohibitions, requirements or restrictions on—
a
the owner or occupier of premises to which the direction relates;
b
any other person involved in managing entry into, or departure from, such premises or the location of persons in them.
4
A direction under sub-paragraph (1) may only be issued during a public health response period.
5
A direction under sub-paragraph (1) may, among other things, impose requirements for the purpose of—
a
closing the premises;
b
restricting entry into the premises;
c
securing restrictions in relation to the location of persons in the premises.
6
A direction under sub-paragraph (1) may impose prohibitions, requirements or restrictions by reference to (among other things)—
a
the number of persons in the premises;
b
the size of the premises;
c
the purpose for which a person is in the premises;
d
the facilities in the premises;
e
a period of time.
Variations and revocations
30
The Welsh Ministers may vary or revoke to any extent a direction issued under this Part of this Schedule.
Procedure
X131
1
Before issuing a direction under this Part of this Schedule, the Welsh Ministers must have regard to any relevant advice given to the Welsh Ministers by—
a
the Chief Medical Officer or one of the Deputy Chief Medical Officers for Wales, or
b
a director of, or senior clinician working within, Public Health Wales.
2
Where a direction imposes prohibitions, requirements or restrictions on a person specified by name, the direction—
a
must be given in writing to that person, and
b
may be published in such manner as the Welsh Ministers consider appropriate to bring it to the attention of other persons who may be affected by it.
3
In any other case, the direction must be published in such manner as the Welsh Ministers consider appropriate to bring it to the attention of persons who may be affected by it.
4
Where the Welsh Ministers vary or revoke a direction which imposes prohibitions, requirements or restrictions on a person specified by name, notice of the variation or revocation—
a
must be given in writing to that person, and
b
may be published in such manner as the Welsh Ministers consider appropriate to bring it to the attention of other persons who may be affected by it.
5
Where the Welsh Ministers vary or revoke any other direction, notice of the variation or revocation must be published in such manner as the Welsh Ministers consider appropriate to bring it to the attention of persons who may be affected by the variation or revocation.
6
In this paragraph “Public Health Wales” means the Public Health Wales National Health Service Trust as established by the Public Health Wales National Health Service Trust (Establishment Order) 2009 (S.I. 2009/2058 (W.177)).
Offences
32
1
A person commits an offence if the person fails without reasonable excuse to comply with a prohibition, requirement or restriction imposed on the person by a direction issued under this Part of this Schedule.
2
A person guilty of an offence under this paragraph is liable on summary conviction to a fine.
33
1
If an offence under paragraph 32 committed by a body corporate is proved—
a
to have been committed with the consent or connivance of an officer of the body, or
b
to be attributable to any neglect on the part of such an officer,
the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.
2
In sub-paragraph (1), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.
Enforcement and prosecutions
34
1
A person, or description of person, designated in writing for the purpose of this sub-paragraph by the Welsh Ministers may take such action as is necessary to enforce compliance with a direction issued under this Part of this Schedule.
2
Proceedings for an offence under this Part of this Schedule may be brought by a person, or description of person, designated in writing for the purpose of this sub-paragraph by the Welsh Ministers.
3
The powers conferred by or under this paragraph do not affect any other power to enforce compliance with a direction issued under this Part of this Schedule or to bring proceedings for an offence under this Part of this Schedule.
Compensation
35
1
The Welsh Ministers may pay compensation in connection with the issuing of a direction under this Part of this Schedule.
2
The power conferred by sub-paragraph (1) does not affect any other power to pay compensation.
End of public health response period
36
When a public health response period comes to an end, a direction under this Part of this Schedule issued during that period ceases to have effect in respect of times after the end of the period.
F1PART 5Powers relating to events, gatherings and premises in Northern Ireland
Sch. 22 Pt. 5 expires (N.I.) (9.12.2021) by The Coronavirus Act 2020 (Early Expiry) (No. 2) Regulations 2021 (S.I. 2021/1399), regs. 1(2), 6
F1Power to prohibit or otherwise restrict events or gatherings in Northern Ireland
F139
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Power to close premises in Northern Ireland or impose restrictions on persons entering or remaining in them
F140
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Variations and revocations
F141
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Procedure
F142
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Enforcement
F143
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Offences
F144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F145
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Compensation
F146
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1End of public health response period
F147
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 22 Pt. 1 expires (E.N.I.) (9.12.2021) by The Coronavirus Act 2020 (Early Expiry) (No. 2) Regulations 2021 (S.I. 2021/1399), regs. 1(2), 2
Sch. 22 Pt. 1 expires (E.) (9.12.2021) by The Coronavirus Act 2020 (Early Expiry) (No. 2) Regulations 2021 (S.I. 2021/1399), regs. 1(2), 5
Sch. 22 Pt. 1 expires (S.) (12.12.2021) by The Coronavirus Act 2020 (Early Expiry of Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/439), regs. 1(1), 2(a)