SCHEDULES
SCHEDULE 1Emergency registration of nurses and other health and care professionals
Nursing and Midwifery Order 2001
1
1
The Nursing and Midwifery Order 2001 (S.I. 2002/253) has effect as if it were subject to the following modifications.
2
The Order has effect as if after article 9 there were inserted—
Temporary registration in emergencies involving loss of human life or human illness etc
9A
1
The Registrar may register a person as a registered nurse, midwife or nursing associate, or the persons comprising a specified group of persons as registered nurses, midwives or nursing associates, if—
a
the Secretary of State has advised the Registrar that an emergency has occurred, is occurring or is about to occur and that the Registrar should consider acting under this article, and
b
the Registrar considers that the emergency registration requirement is met in relation to the person or group of persons.
2
For the purposes of paragraph (1)(b) the emergency registration requirement is met—
a
in relation to a person, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a nurse, midwife or nursing associate with regard to the emergency;
b
in relation to a group of persons, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as nurses, midwives or nursing associates with regard to the emergency.
3
The Registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.
4
The Registrar may include an annotation in the register denoting that a person has been registered under this regulation.
5
The registration of a person under this article has effect subject to any conditions imposed by the Registrar; and the Registrar may at any time vary or revoke such a condition or add new conditions.
6
Where a person is registered under this article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.
7
A person's registration under this article ceases to have effect if revoked by the Registrar; and the Registrar—
a
must revoke the registration if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;
b
may at any time revoke the registration for any other reason, including where the Registrar suspects that the person's fitness to practise may be impaired.
8
A person's registration as a member of a specified group may be revoked—
a
without the registration of the other members of the group being revoked, or
b
as a result of a decision to revoke the registration of all the members of the group.
9
Rules under article 7 may not provide for fees to be charged in respect of a person's registration under this article.
10
The following provisions of this Order do not apply to persons registered under this article—
articles 5A, 9, 10, 12 and 13 (provisions relating to registration);
articles 15 to 19 (provisions relating to education and training);
Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1) and (3) to (6).
11
If a person breaches a condition to which the person's registration under this article is subject, anything done by the person in breach of the condition is to be treated as not done by a registered nurse, midwife or nursing associate (as the case may be).
12
In this article “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.
3
Article 25(1) (power of Nursing and Midwifery Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons).
4
Article 37 (appeals against Registrar's decisions) has effect as if after paragraph (2B) there were inserted—
2C
No appeal lies to the Council where the Registrar—
a
has refused to register a person under article 9A, or
b
has revoked a person's registration under that article.
Health Professions Order 2001
2
1
The Health Professions Order 2001 (S.I. 2002/254) has effect as if it were subject to the following modifications.
2
The Order has effect as if after article 9 there were inserted—
Temporary registration in emergencies involving loss of human life or human illness etc
9A
1
The Registrar may register a person as a member of a relevant profession, or the persons comprising a specified group of persons as members of a relevant profession, if—
a
the Secretary of State has advised the Registrar that an emergency has occurred, is occurring or is about to occur and that the Registrar should consider acting under this article, and
b
the Registrar considers that the emergency registration requirement is met in relation to the person or group of persons.
2
For the purposes of paragraph (1)(b) the emergency registration requirement is met—
a
in relation to a person, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a member of the profession in question with regard to the emergency;
b
in relation to a group of persons, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as members of the profession in question with regard to the emergency.
3
The Registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.
4
The Registrar may include an annotation in the register denoting that a person has been registered under this regulation.
5
The registration of a person under this article has effect subject to any conditions imposed by the Registrar; and the Registrar may at any time vary or revoke such a condition or add new conditions.
6
Where a person is registered under this article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.
7
A person's registration under this article ceases to have effect if revoked by the Registrar; and the Registrar—
a
must revoke the registration if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;
b
may at any time revoke the registration for any other reason, including where the Registrar suspects that the person's fitness to practise may be impaired.
8
A person's registration as a member of a specified group may be revoked—
a
without the registration of the other members of the group being revoked, or
b
as a result of a decision to revoke the registration of all the members of the group.
9
Rules under article 7 may not provide for fees to be charged in respect of a person's registration under this article.
10
The following provisions of this Order do not apply to persons registered under this article—
articles 9, 10, 11 and 12 (provisions relating to registration);
articles 15 to 19 (provisions relating to education and training);
Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1) and (3) to (5).
11
If a person breaches a condition to which the person's registration under this article is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered as a member of the relevant profession in question.
12
In this article “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.
3
Article 25(1) (power of Health and Care Professions Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons).
4
Article 38 (appeals) has effect as if after paragraph (1A) there were inserted—
1B
No appeal lies to the Council where the Registrar—
a
has refused to register a person under article 9A, or
b
has revoked a person's registration under that article.
F25SCHEDULE 2Emergency arrangements concerning medical practitioners: Wales
F25Temporary exception to rule requiring listing in order to perform primary medical services
F251
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25Modification of General Medical Services Contracts Regulations 2004
F252
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25Power to modify Schedule
F253
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26SCHEDULE 3Emergency arrangements concerning medical practitioners: Scotland
Sch. 3 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F26National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004
F261
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018
F262
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26National Health Service (Primary Medical Services Section 17C Arrangements) (Scotland) Regulations 2018
F263
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26Power to modify Schedule
F264
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4Emergency registration of pharmaceutical chemists and extension of prescribing powers: Northern Ireland
Interpretation
1
1
In this Schedule “the 1976 Order” means the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)).
2
In this Schedule references to Articles are to Articles of the 1976 Order.
3
Expressions used in this Schedule and in the 1976 Order have the meaning given in that Order.
Emergency registration of pharmaceutical chemists
2
The 1976 Order has effect as if it were subject to the following modifications.
3
After Article 8D insert—
Temporary registration in the register of pharmaceutical chemists in certain emergencies
8E
1
The registrar may register a person, or the persons comprising a specified group of persons, in the register of pharmaceutical chemists if the conditions set out in paragraph (2) are satisfied.
2
The conditions are that—
a
the Department has advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this Article; and
b
the registrar considers that the emergency registration requirement is met in relation to the person or group of persons.
3
The emergency registration requirement is met—
a
in relation to a person, if the person is a fit, proper and suitably experienced person to be registered as a pharmaceutical chemist with regard to the emergency;
b
in relation to a group of persons, if the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as pharmaceutical chemists with regard to the emergency.
4
The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.
5
A person's registration under this Article has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions.
6
Where a person is registered under this Article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.
7
The registration of a person under this Article ceases to have effect if revoked by the registrar; and the registrar—
a
must revoke the registration if the Department advises the registrar that the circumstances that led the Department to give the advice referred to in paragraph (2)(a) no longer exist;
b
may at any time revoke the registration for any other reason, including where the registrar has grounds for suspecting that the person's fitness to practise may be impaired.
8
A person's registration as a member of a specified group may be revoked—
a
without revoking the registration of the other members of the group; or
b
as a result of a decision to revoke the registration of all the members of the group.
9
Regulations made under Article 5 with respect to the following matters do not apply to persons registered under this Article—
a
paragraph (1)(b) (examinations and qualifications for registration);
b
paragraph (1)(bb), in so far as it refers to the necessary knowledge of English;
c
paragraph (1)(e) (fees);
d
paragraph (1)(f), (ffg) and (g) (qualifications etc in relation to registration);
e
such other matters as the Council may by regulations provide;
but this is subject to paragraph (11).
10
The following provisions of this Order do not apply to persons registered under this Article—
a
Article 4A (continuing professional development);
b
Articles 7, 8 and 8AA (provisions relating to registration);
c
Article 11(1) (evidence of qualification required for registration);
d
Article 15 (retention fees);
e
Article 20 and Schedule 3 (fitness to practise) other than paragraphs 1 to 3; and
f
such other provisions as the Council may by regulations provide;
but this is subject to paragraph (11).
11
The Council may make regulations that provide that the following apply to persons registered under this Article—
a
regulations with respect to any of the matters referred to in paragraph (9)(a) to (e); and
b
any of the provisions of this Order referred to in paragraph (10)(a) to (f).
12
If a person breaches any condition to which the person's registration under this Article is subject, anything done by that person in breach of the condition is to be treated as not being done by a registered pharmaceutical chemist.
13
The registrar may make available information to assist with the identification of persons registered under this Article in such manner as the registrar sees fit.
14
In this Article—
“emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section;
“specified” means specified in a direction given by the registrar or by a person authorised by the registrar.
4
In Article 9(2) (maintenance of the register), at the end insert “
or in the case of the register mentioned in Article 6(1)(a) registered by virtue of Article 8E
”
.
5
At the end of Article 9 (the registrar and registers) insert—
6
The registrar may record an annotation against the name of a registered person denoting that the person is registered under Article 8E.
Emergency extension of prescribing powers for pharmaceutical chemists
6
After Article 9 insert—
Temporary extension of prescribing powers in certain emergencies
9A
1
In the register mentioned in Article 6(1)(a), the registrar may record an annotation under paragraph (2) against—
a
the name of a registered person; or
b
the names of the persons comprising a specified group of registered persons,
if the conditions set out in paragraph (3) are satisfied.
2
An annotation under this paragraph indicates that the person is qualified to order drugs, medicines and appliances in a specified capacity, notwithstanding that the person would not (but for this Article) be so qualified.
3
The conditions are that—
a
the Department has advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this Article; and
b
the registrar considers that the emergency annotation requirement is met in relation to the person or group of persons.
4
The emergency annotation requirement is met—
a
in relation to a registered person, if the person is a fit, proper and suitably experienced person to order drugs, medicines and appliances in a specified capacity with regard to the emergency; and
b
in relation to a group of registered persons, if the group is comprised of persons who may reasonably be considered fit, proper and suitably experienced persons to order drugs, medicines and appliances in a specified capacity with regard to the emergency.
5
The registrar may record the annotation in such a way as to distinguish between annotations recorded by virtue of this Article and other annotations.
6
Annotations recorded by virtue of this Article—
a
must be removed by the registrar if the Department advises the registrar that the circumstances that led the Department to give the advice referred to in paragraph (3)(a) no longer exist;
b
may at any time be removed by the registrar for any other reason including where the registrar has grounds for suspecting that the person's fitness to order drugs, medicines and appliances may be impaired.
7
An annotation recorded against the name of a person in the register as a member of a specified group may be removed—
a
without the removal by the registrar of the annotations recorded against the names in the register of the other members of the group; or
b
by virtue of a decision by the registrar to remove the annotations recorded against the names in the register of all the members of the group.
8
Regulations made under Article 5 with respect to the following matters do not apply to persons with an annotated entry—
a
paragraph (1)(e) (fees);
b
paragraph (1)(ff) (annotations of the register); and
c
such other matters as the Council may by regulations provide;
but this is subject to paragraph (10).
9
The following provisions of this Order do not apply to persons with an annotated entry—
a
Article 4A (continuing professional development);
b
Article 8 (qualifications for registration); and
c
such other provisions as the Council may by regulations provide;
but this is subject to paragraph (10).
10
The Council may make regulations that provide that the following apply to persons with an annotated entry—
a
regulations with respect to any of the matters referred to in paragraph (8)(a) to (c); and
b
any of the provisions of this Order referred to in paragraph (9)(a) to (c).
11
In this Article—
“emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section;
“person with an annotated entry” means a person who has an annotation under paragraph (2) against their name in the register; and
“specified” means specified in a direction given by the registrar or by a person authorised by the registrar.
Appeals
7
In Article 11, after paragraph (2) insert—
3
No appeal lies to the Council against a decision of the registrar—
a
to register or refuse to register a person under Article 8E;
b
to register or refuse to register under that Article the persons comprising a group of persons;
c
to impose, vary or revoke a condition as respects the registration of a person, or the persons comprising a group of persons, under Article 8E(5);
d
to revoke a person's registration under that Article (and, in the case of a member of a group, it does not matter whether the registrar also decides to revoke the registration of any or all of the other members of the group);
e
to record or refuse to record an annotation under Article 9A(2) against the name of a registered person, or the names of the persons comprising a group of registered persons;
f
to remove an annotation under that Article (and, in the case of a member of a group, it does not matter whether the registrar also decides to remove the annotation of any or all of the other members of the group).
Power to require disclosure of information
8
Paragraph 2(1) of Schedule 3 to the 1976 Order (power of the Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions in respect of identifying any person registered by virtue of Article 8E(3)(b) (emergency registration of a group of persons).
SCHEDULE 5Emergency registration of social workers: England and Wales
Social Workers Regulations 2018
1
1
The Social Workers Regulations 2018 (S.I. 2018/893) have effect as if they were subject to the following modifications.
2
Regulation 9 (information to be recorded in the register in relation to a registered social worker) has effect as if—
a
in paragraph (1) after sub-paragraph (b) there were inserted—
ba
in the case of a social worker registered under regulation 12A (emergency registration) the fact that the social worker has been registered under that regulation,
b
after paragraph (1) there were inserted—
1A
The information referred to in paragraph (1)(a), (b) or (ba) is not required to be recorded in the register in relation to a social worker registered under regulation 12A as a member of a specified group.
3
The regulations have effect as if after regulation 12 there were inserted—
Temporary registration in emergencies involving loss of human life or human illness etc
12A
1
The regulator may register a person as a social worker, or the persons comprising a specified group of persons as social workers, if—
a
the Secretary of State has advised the regulator that an emergency has occurred, is occurring or is about to occur and that the regulator should consider acting under this regulation, and
b
the regulator considers that the emergency registration requirement is met in relation to the person or group of persons.
2
For the purposes of paragraph (1)(b) the emergency registration requirement is met—
a
in relation to a person, if the regulator considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency;
b
in relation to a group of persons, if the regulator considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency.
3
The regulator may register all of the persons comprising a specified group of persons without first identifying each person in the group.
4
The registration of a person under this regulation has effect subject to any conditions imposed by the regulator; and the regulator may at any time vary or revoke such a condition or add new conditions.
5
Where a person is registered under this regulation as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.
6
A person's registration under this regulation ceases to have effect if revoked by the regulator; and the regulator—
a
must revoke the registration if the Secretary of State advises the regulator that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;
b
may at any time revoke the registration for any other reason, including where the regulator suspects that the person's fitness to practise may be impaired.
7
A person's registration as a member of a specified group may be revoked—
a
without the registration of the other members of the group being revoked, or
b
as a result of a decision to revoke the registration of all the members of the group.
8
If a person's registration under this regulation is revoked under paragraph (6)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked.
9
If a person's registration under this section is revoked under paragraph (6)(b), the registration ceases to have effect immediately.
10
The following provisions of these regulations do not apply to persons registered under this regulation—
a
regulation 9 (content of the register), other than paragraph (1)(a), (b) and (ba) and paragraphs (1A) and (3);
b
regulations 10 to 12 and 13 to 15 (other provisions relating to registration);
c
regulation 16(4) and (5) (duty to provide information to regulator: sanctions);
d
regulation 17 (fees for registration);
e
Part 5 (discipline and fitness to practise).
11
If a person breaches a condition to which the person's registration under this regulation is subject, anything done by the person in breach of the condition is to be treated as not done by a registered social worker.
12
The regulator may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions under this regulation.
13
This includes—
a
making rules, and
b
issuing guidance to persons registered under this regulation or to the public.
14
Paragraphs (2) to (5) of regulation 3 do not apply to rules under paragraph (12)(a).
15
In this regulation “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.
4
Regulation 19 (registration appeals) has effect as if after paragraph (2) there were inserted—
2A
Paragraph (1) does not apply to—
a
a decision by the regulator to refuse to register a person under regulation 12A, or
b
a decision by the regulator to revoke a person's registration under that regulation.
Regulation and Inspection of Social Care (Wales) Act 2016
2
1
The Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) has effect as if it were subject to the following modifications.
2
The Act has effect as if after section 83 of the English language text there were inserted—
83ATemporary registration in emergencies involving loss of human life or human illness etc
1
The registrar may register a person as a social worker in the social worker part of the register, or the persons comprising a specified group of persons as social workers in that part, if—
a
the Welsh Ministers have advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this section, and
b
the registrar considers that the emergency registration requirement is met in relation to the person or group of persons.
2
For the purposes of subsection (1)(b) the emergency registration requirement is met—
a
in relation to a person, if the registrar considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency;
b
in relation to a group of persons, if the registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency.
3
The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.
4
The registrar may include an annotation in the social worker part of the register denoting that a person has been registered under this section.
5
The registration of a person under this section has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions.
6
Where a person is registered under this section as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.
7
A person's registration under this section ceases to have effect if revoked by the registrar; and the registrar—
a
must revoke the registration if the Welsh Ministers advise the registrar that the circumstances that led the Welsh Ministers to give the advice referred to in subsection (1)(a) no longer exist;
b
may at any time revoke the registration for any other reason, including where the registrar suspects that the person's fitness to practise may be impaired.
8
A person's registration as a member of a specified group may be revoked—
a
without the registration of the other members of the group being revoked, or
b
as a result of a decision to revoke the registration of all the members of the group.
9
If a person's registration under this section is revoked under subsection (7)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked.
10
If a person's registration under this section is revoked under subsection (7)(b), the registration ceases to have effect immediately.
11
Rules under section 74 may not provide for fees to be charged in respect of a person's registration under this section.
12
The following provisions do not apply to persons registered under this section—
a
sections 82, 83, 84, 86, 87, 89, 94 and 95 (provisions relating to registration) of this Act;
b
sections 113 to 115 (continuing professional development) of this Act and rules made under any of those sections;
c
Part 6 (social care workers: fitness to practise) of this Act, other than section 160(1) and (3) to (5).
13
If a person breaches a condition to which the person's registration under this section is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered in the social worker part of the register.
14
In this section “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.
3
The Act has effect as if after section 83 of the Welsh language text there were inserted—
83ACofrestru dros dro mewn argyfyngau sy'n cynnwys colli bywyd dynol neu salwch dynol etc
1
Caiff y cofrestrydd gofrestru person fel gweithiwr cymdeithasol yn rhan gweithwyr cymdeithasol y gofrestr, neu bersonau sy'n ffurfio grŵp penodedig o bersonau fel gweithwyr cymdeithasol yn y rhan honno, —
a
os yw Gweinidogion Cymru wedi cynghori'r cofrestrydd bod argyfwng wedi codi, yn codi neu ar fin codi, ac y dylai'r cofrestrydd ystyried gweithredu o dan yr adran hon, a
b
os yw'r cofrestrydd yn ystyried bod y gofyniad ar gyfer cofrestru mewn argyfwng wedi ei fodloni mewn perthynas â'r person neu'r grŵp o bersonau.
2
At ddibenion is-adran (1)(b) mae'r gofyniad ar gyfer cofrestru mewn argyfwng yn cael ei fodloni—
a
mewn perthynas â pherson, os yw'r cofrestrydd yn ystyried bod y person yn berson addas a phriodol sydd â phrofiad cyfaddas i gael ei gofrestru fel gweithiwr cymdeithasol o ran yr argyfwng;
b
mewn perthynas â grŵp o bersonau, os yw'r cofrestrydd yn ystyried bod y grŵp yn cael ei ffurfio o bersonau sydd o fath y gellir eu hystyried yn rhesymol yn bersonau addas a phriodol sydd â phrofiad cyfaddas i gael eu cofrestru fel gweithwyr cymdeithasol o ran yr argyfwng.
3
Caiff y cofrestrydd gofrestru pob un o'r personau sy'n ffurfio grŵp penodedig o bersonau heb enwi'n gyntaf bob person yn y grŵp.
4
Caiff y cofrestrydd gynnwys anodiad yn rhan gweithwyr cymdeithasol y gofrestr sy'n dynodi bod person wedi cael ei gofrestru o dan yr adran hon.
5
Mae cofrestriad person o dan yr adran hon yn cael effaith yn ddarostyngedig i unrhyw amodau a osodir gan y cofrestrydd; a chaiff y cofrestrydd amrywio neu ddirymu unrhyw amod o'r fath neu ychwanegu unrhyw amodau newydd ar unrhyw adeg.
6
Pan fo person wedi ei gofrestru o dan yr adran hon fel aelod o grŵp penodedig, caniateir i gofrestriad y person fod (ond nid oes rhaid iddo fod) yn ddarostyngedig i'r un amodau â chofrestriad aelodau eraill o'r grŵp.
7
Mae cofrestriad person o dan yr adran hon yn peidio â chael effaith os caiff ei ddirymu gan y cofrestrydd; a—
a
rhaid i'r cofrestrydd ddirymu'r cofrestriad os yw Gweinidogion Cymru yn cynghori'r cofrestrydd nad yw'r amgylchiadau a arweiniodd Gweinidogion Cymru at roi'r cyngor y cyfeirir ato yn is-adran (1)(a) bellach yn bodoli;
b
caiff y cofrestrydd, ar unrhyw adeg, ddirymu'r cofrestriad am unrhyw reswm arall, gan gynnwys pan fo'r cofrestrydd yn amau y gall addasrwydd y person i ymarfer fod wedi ei amharu.
8
Caniateir i gofrestriad person fel aelod o grŵp penodedig gael ei ddirymu—
a
heb ddirymu cofrestriad aelodau eraill o'r grŵp, neu
b
o ganlyniad i benderfyniad i ddirymu cofrestriad pob aelod o'r grŵp.
9
Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran (7)(a), mae'r cofrestriad yn peidio â chael effaith ar ddiwedd cyfnod o 14 diwrnod sy'n dechrau â'r diwrnod y caiff ei ddirymu.
10
Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran (7)(b), mae'r cofrestriad yn peidio â chael effaith ar unwaith.
11
Ni chaiff rheolau o dan adran 74 ddarparu ar gyfer codi ffioedd o ran cofrestriad person o dan yr adran hon.
12
Nid yw darpariaethau canlynol y Ddeddf yn gymwys i bersonau a gofrestrir o dan yr adran hon—
a
adrannau 82, 83, 84, 86, 87, 89, 94 a 95 (darpariaethau sy'n ymwneud â chofrestru) o'r Ddeddf hon;
b
adrannau 113 i 115 (datblygiad proffesiynol parhaus) o'r Ddeddf hon a rheolau a wneir o dan unrhyw un o'r adrannau hynny;
c
Rhan 6 (gweithwyr gofal cymdeithasol: addasrwydd i ymarfer) o'r Ddeddf hon ac eithrio adran 160(1) a (3) i (5).
13
Os yw person yn torri amod y mae cofrestriad y person o dan yr adran hon yn ddarostyngedig iddo, mae unrhyw beth a wneir gan y person yn groes i'r amod i'w drin fel peth nad yw wedi ei wneud gan berson a gofrestrwyd yn rhan gweithwyr cymdeithasol y gofrestr.
14
Yn yr adran hon mae i “argyfwng” yr ystyr a roddir i'r math o “emergency” a ddisgrifir yn adran 19(1)(a) o Ddeddf Argyfyngau Sifil Posibl 2004, wedi ei darllen ynghyd ag is-adran (2)(a) a (b) o'r adran honno.
4
Section 101 (appeals against decisions of the registrar) has effect as if—
a
after subsection (2) of the English language text there were inserted—
3
Subsection (1) does not apply to—
a
a decision by the registrar to refuse to register a person under section 83A, or
b
a decision by the registrar to revoke a person's registration under that section.
b
after subsection (2) of the Welsh language text there were inserted—
3
Nid yw is-adran (1) yn gymwys i—
a
penderfyniad gan y cofrestrydd i wrthod cofrestru person o dan adran 83A, neu
b
penderfyniad gan y cofrestrydd i ddirymu cofrestriad person o dan yr adran honno.
5
Section 160(1) (power of Social Care Wales to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions under section 83A.
F27SCHEDULE 6Temporary registration of social workers: Scotland
Sch. 6 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F27Regulation of Care (Scotland) Act 2001
F271
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27Social workers and social service workers in care services
F272
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7Emergency volunteering leave
F16PART 1Entitlement to emergency volunteering leave
Sch. 7 Pt. 1 expires (17.7.2021) by The Coronavirus Act 2020 (Early Expiry) Regulations 2021 (S.I. 2021/856), reg. 2(1)(a) (see 2020 c. 7, s. 89(2)(n))
Entitlement to emergency volunteering leave
F161
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Meaning of “volunteering period”
F162
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions to entitlement to emergency volunteering leave
F163
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Meaning of “appropriate authority”
F164
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 2Effect of taking emergency volunteering leave
Application of terms and conditions of employment
5
1
An employee who takes emergency volunteering leave is, during any period of leave—
a
entitled to the benefit of all of the terms and conditions of employment which would have applied if the employee had not been absent, and
b
bound by any obligations arising under those terms and conditions (except in so far as they are inconsistent with paragraph 1).
2
In sub-paragraph (1) “terms and conditions of employment”—
a
includes matters connected with an employee's employment whether or not they arise under the contract of employment, but
b
does not include terms and conditions about remuneration.
3
For the purposes of this paragraph, only sums payable to an employee by way of wages or salary are to be treated as remuneration.
Right to return
6
1
An employee who returns to work after a period of emergency volunteering leave is entitled to return from leave to the job in which they were employed before the absence.
2
The right to return under this paragraph is a right to return—
a
with the employee's seniority, pension and similar rights as they would have been if the employee had not been absent, and
b
on terms and conditions no less favourable than those which would have applied if the employee had not been absent.
Pension rights
7
1
If an employment-related benefit scheme does not include an emergency volunteering rule, it is to be treated as including one.
2
An emergency volunteering rule is a provision that has the effect set out in sub-paragraphs (3) and (4).
3
If a relevant term does not treat time when a worker is on emergency volunteering leave as it treats time when they are not, the term is modified so as to treat time when they are on emergency volunteering leave as time when they are not.
4
If a term confers a relevant discretion capable of being exercised so that time when a worker is on emergency volunteering leave is treated differently from time when they are not, the term is modified so as not to allow the discretion to be exercised in that way.
5
A term is relevant if it is—
a
a term relating to membership of the scheme,
b
a term relating to the accrual of rights under the scheme, or
c
a term providing for the determination of the amount of a benefit payable under the scheme.
6
A discretion is relevant if its exercise is capable of affecting—
a
membership of the scheme,
b
the accrual of rights under the scheme, or
c
the determination of the amount of a benefit payable under the scheme.
7
This paragraph does not require the worker's contributions to the scheme in respect of time when they are on emergency volunteering leave to be determined otherwise than by reference to the amount they are paid by the employer in respect of that time.
8
“Employment-related benefit scheme”—
a
in relation to England and Wales and Scotland, has the meaning given by paragraph 7 of Schedule 5 to the Social Security Act 1989;
b
in relation to Northern Ireland, has the meaning given by paragraph 7 of Schedule 5 to the Social Security (Northern Ireland) Order 1989 (S.I. 1989/1342 (N.I. 13)).
PART 3Modifications of Employment Rights Act 1996
8
The Employment Rights Act 1996 (“the 1996 Act”) has effect in accordance with this Part of this Schedule.
9
The 1996 Act has effect as if after section 47G there were inserted—
47HEmergency volunteering leave
1
A worker has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by their employer on the grounds that—
a
the worker took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or
b
the employer believed that the worker was likely to take emergency volunteering leave under that Schedule.
2
A worker makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020.
3
Subsection (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal within the meaning of Part 10.
10
The 1996 Act has effect as if in section 48 (complaints to employment tribunals)—
a
after subsection (1B) there were inserted—
1C
A worker may present a complaint to an employment tribunal that they have been subjected to a detriment in contravention of section 47H.
b
in subsection (2), for “or (1B)” there were substituted “
, (1B) or (1C)
”
.
11
The 1996 Act has effect as if in section 49 (remedies)—
a
in subsection (1), for “or (1B)” there were substituted “
, (1B) or (1C)
”
;
b
after subsection (7) there were inserted—
8
Where—
a
the complaint is made under section 48(1C),
b
the detriment to which the worker is subjected is the termination of their worker's contract, and
c
that contract is not a contract of employment,
any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the worker had been an employee and had been dismissed for the reason specified in section 104H.
12
The 1996 Act has effect as if in section 88 (pay during period of notice: employments with normal working hours), in subsection (1)(c), after “paternity leave” there were inserted “
or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020
”
.
13
The 1996 Act has effect as if in section 89 (pay during period of notice: employments without normal working hours), in subsection (3)(b), after “paternity leave” there were inserted “
or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020
”
.
14
The 1996 Act has effect as if after section 104G there were inserted—
104HEmergency volunteering leave
1
An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that—
a
the employee took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or
b
the employer believed that the employee was likely to take emergency volunteering leave under that Schedule.
2
An employee makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020.
15
The 1996 Act has effect as if in section 105 (redundancy), after subsection (7BB) there were inserted—
7BC
This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104H.
16
The 1996 Act has effect as if in section 108(3) (exceptions to qualifying period of employment for unfair dismissal), after paragraph (gm) there were inserted—
gn
section 104H applies,
17
The 1996 Act has effect as if in section 124(1A) (exceptions to limits on compensation), after “103A,” there were inserted “
104H,
”
.
18
The 1996 Act has effect as if in section 203(1)(a) (restrictions on contracting out), after “this Act” there were inserted “
or Schedule 7 to the Coronavirus Act 2020
”
.
PART 4Modifications of Employment Rights (Northern Ireland) Order 1996
19
The Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) (“the 1996 Order”) has effect in accordance with this Part of this Schedule.
20
The 1996 Order has effect as if after Article 70F there were inserted—
Emergency volunteering leave
70G
1
A worker has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by their employer on the grounds that—
a
the worker took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or
b
the employer believed that the worker was likely to take emergency volunteering leave under that Schedule.
2
A worker makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020.
3
Paragraph (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal within the meaning of Part 11.
21
The 1996 Order has effect as if in Article 71 (complaints to industrial tribunals)—
a
after paragraph (1B) there were inserted—
1C
A worker may present a complaint to an industrial tribunal that they have been subjected to a detriment in contravention of Article 70G.
b
in paragraph (2), for “or (1B)” there were substituted “
, (1B) or (1C)
”
.
22
The 1996 Order has effect as if in Article 72 (remedies)—
a
in paragraph (1), for “or (1B)” there were substituted “
, (1B) or (1C)
”
;
b
after paragraph (7) there were inserted—
8
Where—
a
the complaint is made under Article 71(1C),
b
the detriment to which the worker is subjected is the termination of their worker's contract, and
c
that contract is not a contract of employment,
any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 11 if the worker had been an employee and had been dismissed for the reason specified in Article 135G.
23
The 1996 Order has effect as if in Article 120 (pay during period of notice: employments with normal working hours), in paragraph (1)(c), after “paternity leave” there were inserted “
or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020
”
.
24
The 1996 Order has effect as if in Article 121 (pay during period of notice: employments without normal working hours), in paragraph (3)(b), after “paternity leave” there were inserted “
or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020
”
.
25
The 1996 Order has effect as if after Article 135F there were inserted—
Emergency volunteering leave
135G
1
An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that—
a
the employee took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or
b
the employer believed that the employee was likely to take emergency volunteering leave under that Schedule.
2
An employee makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020.
26
The 1996 Order has effect as if in Article 137 (redundancy)—
a
in paragraph (1)(c), for “(7M)” there were substituted “
(7N)
”
;
b
after paragraph (7M) there were inserted—
7N
This paragraph applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in Article 135G.
27
The 1996 Order has effect as if in Article 140(3) (exceptions to qualifying period of employment for unfair dismissal), after sub-paragraph (fk) there were inserted—
fl
Article 135G applies,
28
The 1996 Order has effect as if in Article 158(1A) (exceptions to limits on compensation), after “135F,” there were inserted “
135G,
”
.
29
The 1996 Order has effect as if in Article 245(1)(a) (restrictions on contracting out), after “this Order” there were inserted “
or Schedule 7 to the Coronavirus Act 2020
”
.
PART 5General
Application of this Schedule to agency workers
30
1
This paragraph applies in relation to a worker who is supplied by a person (an “agent”) to do work for another (a “principal”) under a contract or other arrangements made between the agent and the principal.
2
Where the worker gives notice and a certificate under paragraph 1(2) to the employer, the employer must as soon as reasonably practicable provide copies of them—
a
if the employer is the agent, to any principals to whom the worker was to be supplied during the period specified in the certificate,
b
if the employer is a principal, to the agent, and
c
if the employer is neither the agent nor a principal, to the agent and any principals to whom the worker was to be supplied during the period specified in the certificate.
3
For the purposes of the provisions mentioned in sub-paragraph (4) references to the worker's employer are to be read as including—
a
the agent, and
b
any principals to whom the worker was to be supplied during the period specified in the certificate,
(where they would not otherwise be the worker's employer).
4
The provisions referred to in sub-paragraph (3) are—
a
in paragraph 9, section 47H (right not to be subjected to detriment by employer: Great Britain);
b
in paragraph 20, Article 70G (right not to be subjected to detriment by employer: Northern Ireland).
Interpretation
31
1
This paragraph applies for the interpretation of this Schedule.
2
In relation to England and Wales and Scotland, the following terms have the meaning given by section 230 of the Employment Rights Act 1996—
“contract of employment”,
“employed”,
“employee”,
“employer”,
“employment”,
“worker”,
“worker's contract”.
3
In relation to Northern Ireland, the following terms have the meaning given by Article 3 of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))—
“contract of employment”,
“employed”,
“employee”,
“employer”,
“employment”,
“worker”,
“worker's contract”.
4
“Emergency volunteering leave” has the meaning given by paragraph 1.
5
“Health or social care” has the meaning given by section 9 of the Health and Social Care Act 2008.
6
“Week” means any period of 7 consecutive days.
7
“Working day” means a day other than—
a
a Saturday or a Sunday,
b
Christmas Day or Good Friday, or
c
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
Regulations
32
A power to make regulations under this Schedule includes power to make consequential, supplementary, incidental, transitional or saving provision.
33
1
Regulations made by the Secretary of State under this Schedule are to be made by statutory instrument.
2
A statutory instrument containing regulations made by the Secretary of State under this Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.
34
1
Regulations made by the Department for the Economy in Northern Ireland under this Schedule may contain only provision which—
a
would be within the legislative competence of the Northern Ireland Assembly, and
b
would not require the consent of the Secretary of State,
if it were contained in an Act of that Assembly.
2
The power of the Department for the Economy in Northern Ireland to make regulations under this Schedule is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
3
Regulations under this Schedule made by the Department for the Economy in Northern Ireland are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.
SCHEDULE 8Mental health: England and Wales
F12PART 1Introductory provision etc
Sch. 8 Pt. 1 expires (E.) (10.12.2020) by The Coronavirus Act 2020 (Expiry of Mental Health Provisions) (England and Wales) Regulations 2020 (S.I. 2020/1467), reg. 2(1)(a) (with reg. 2(2))
Sch. 8 Pt. 1 expires in part (W.) (10.12.2020) by The Coronavirus Act 2020 (Expiry of Mental Health Provisions) (England and Wales) Regulations 2020 (S.I. 2020/1467), reg. 2(1)(b)(ii)
Interpretation
I251
1
References in this Schedule to sections are to sections of the Mental Health Act 1983 (“the 1983 Act”).
2
Expressions used in this Schedule and in the 1983 Act have the same meaning as in that Act.
Forms
I262
Where any form prescribed for use in connection with a provision of the 1983 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—
a
may, in connection with the provision as so modified, be used with appropriate amendments;
b
is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.
F28PART 2Modifications of the Mental Health Act 1983 and related provision
Sch. 8 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F28Applications for compulsory admission to hospital for assessment or treatment
F283
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28Applications for compulsory admission of patients already in hospital
F284
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28Period of remand to hospital
F285
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28Court orders for the detention of accused or convicted persons in hospital
F286
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28Directions for the transfer of prisoners to hospital
F287
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28Conveyance of accused or convicted persons to hospital
F288
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28Administration of medicine to persons liable to detention in hospital
F289
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28Detention in place of safety
F2810
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28Constitution and proceedings of the Mental Health Review Tribunal for Wales
F2811
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2812
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2813
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3Transitional provision
14
Paragraph 4(2) or (3), 8(3) or 10 continues to apply after the end of a period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.
15
Where, by virtue of paragraph 5, a person has been remanded under section 35(7) or 36(6) for more than 12 weeks in all, the person may not be further remanded under that provision after the end of a period for which that paragraph has effect.
16
1
Paragraph 8(1) continues to apply after the end of a period for which it has effect in relation to any order or direction made during that period, subject to sub-paragraph (2).
2
The constable or other person whose duty is modified by that provision must in any event convey the person concerned to the requisite hospital within the period of seven days beginning with the day on which the period referred to in sub-paragraph (1) ends.
17
Paragraph 11(3) to (6) continues to apply after the end of a period for which it has effect in relation to proceedings that are, when the period ends, before a constitution of the Mental Health Review Tribunal for Wales appointed under sub-paragraph (2) of that paragraph.
18
Paragraph 12 continues to apply after the end of a period for which it has effect in relation to any application or reference with respect to which, when the period ends, a decision to dispense with a hearing has been notified by the Mental Health Review Tribunal for Wales under sub-paragraph (3) of that paragraph and remains current
19
Paragraph 13 continues to apply after the end of a period for which it has effect in relation to any nomination of a temporary deputy that is in force when the period ends.
F29SCHEDULE 9Mental health: Scotland
Sch. 9 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F29PART 1Introductory provision etc
F29Interpretation
F291
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29Forms
F292
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29PART 2Modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003
F29Emergency detention
F293
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29Short-term detention certificates
F294
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29Compulsory treatment orders
F295
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29Transfer for treatment directions
F296
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29Nurse's power to detain pending medical examination
F297
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29Admission to hospital
F298
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29Suspension of requirements to review orders and directions authorising detention
F299
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29Administration of medicine
F2910
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29Constitution of Mental Health Tribunal for Scotland
F2911
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29PART 3Modifications of the Criminal Procedure (Scotland) Act 1995
F29Assessment orders: extension
F2912
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29Court orders authorising detention
F2913
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29Admission to hospital
F2914
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29PART 4Modifications of subordinate legislation
F29The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (SSI 2005/519)
F2915
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29The Mental Health (Conflict of Interest) (Scotland) Regulations 2017 (SSI 2017/174)
F2916
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 10Mental health: Northern Ireland
F14PART 1Introductory provision etc
Sch. 10 Pt. 1 suspended in part (10.5.2021) by The Coronavirus Act 2020 (Suspension) Order (Northern Ireland) 2021 (S.R. 2021/98), arts. 1(1), 2 (with art. 3, Sch.)
Interpretation
I351
1
In this Schedule—
“the 1986 Order” means the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));“the 1986 Regulations” means the Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) Regulations (Northern Ireland) 1986 (S.R. (N.I.) 1986 No. 174);“the Department of Health” means the Department of Health in Northern Ireland;an “RQIA practitioner” means a medical practitioner appointed for the purposes of Part 2 of the 1986 Order by RQIA.
2
In this Schedule—
a
references to Articles are to Articles of the 1986 Order;
b
references to Forms are to the Forms set out in the Schedule to the 1986 Regulations.
3
Expressions used in this Schedule and in the 1986 Order have the meaning given in that Order.
Prescribed forms
I362
Where any form prescribed for use in connection with a provision of the 1986 Order is inconsistent with a modification made by Part 2 of this Schedule, the form—
a
may, in connection with the provision as so modified, be used with appropriate amendments;
b
is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.
F30PART 2Modifications of the Mental Health (Northern Ireland) Order 1986
Sch. 10 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F30Applications for compulsory admission to hospital for assessment
F303
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30Medical recommendation
F304
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30Applications for compulsory admission for assessment in respect of patients already in hospital
F305
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30The assessment period
F306
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30Rectification of applications, recommendations and reports
F307
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30Detention for treatment
F308
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30Periods of remand to hospital
F309
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30Required medical evidence for remand to hospital, hospital or guardianship order, interim hospital order, determinations of question of fitness to be tried or finding of not guilty on ground of insanity
F3010
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30Required medical evidence for hospital order in respect of certain other detained persons in their absence
F3011
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30Directions for the transfer of prisoners etc to hospital
F3012
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30Conveyance of accused or convicted persons to hospital
F3013
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30Designation of, and admission of persons to, different hospitals in pursuance of hospital orders
F3014
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30Code of practice
F3015
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3Transitional provision
I3716
Paragraph 5, 6, 7 or 13(3) continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.
I3817
Where, by virtue of paragraph 9, a person has been remanded under Article 42 or 43 for more than 12 weeks in all, the person may not be further remanded under that provision after the end of a period for which that paragraph has effect.
I3918
1
Paragraph 13(1) or 14(4) continues to apply after the end of a period for which it has effect in relation to any order or direction made during that period, subject to sub-paragraph (2).
2
The constable or other person whose duty is modified by paragraph 13(1) or 14(4) (as the case may be) must in any event convey the person concerned to the requisite hospital before—
a
the end of the period specified in Article 42(9)(c) or Article 46(2) or (3), without the modification made by the provision concerned, or
b
the end of the period of seven days beginning with the day on which the period referred to in sub-paragraph (1) ends,
whichever is later.
PART 4Review of operation of certain provisions of this Schedule
I4019
1
Each HSC trust must maintain a record of each instance where—
a
an application for assessment is made in reliance on paragraph 3,
b
a patient was detained for assessment in reliance on Article 9(4)(aa) or (b) (as substituted by paragraph 6(2)(a)), and
c
a report is furnished in reliance on paragraph 8.
2
The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance—
a
by the relevant social worker on paragraph 3,
b
by the medical practitioner on Article 9(4)(aa) or (b) (as substituted by paragraph 6(2)(a)), or
c
by the relevant medical practitioner on paragraph 8,
was appropriate.
3
The HSC trust must send the report under sub-paragraph (2) to the Department of Health no later than 56 days after the end of a period for which the paragraph of this Schedule in question has effect.
SCHEDULE 11Mental capacity: Northern Ireland
PART 1Introductory provision etc
Interpretation
I411
1
In this Schedule, “the 2016 Act” means the Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I.)).
2
In this Schedule—
a
references to sections are to sections of the 2016 Act;
b
references to Schedules are to Schedules to that Act.
3
Expressions used in this Schedule and in the 2016 Act have the meaning given in that Act.
Prescribed forms
I422
Where any form prescribed for use in connection with a provision of the 2016 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—
a
may, in connection with the provision as so modified, be used with appropriate amendments,
b
is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.
F31PART 2Modifications of the Mental Capacity Act (Northern Ireland) 2016
Sch. 11 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F31Proceedings of panels constituted to decide applications
F313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Time limit for panel's decisions regarding authorisations of certain serious interventions
F314
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Interim authorisations by panels of certain serious interventions
F315
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Report authorising short-term detention in hospital for examination etc
F316
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F317
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Consultation required before such a report is made
F318
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Extension by panel of period of authorisation
F319
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Additional notification requirements for panels
F3110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Period of detention in place of safety
F3111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Periods of remand to hospital
F3112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Required medical evidence for court to be satisfied treatment condition is met in relation to remand to hospital
F3113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Required medical evidence for public protection orders, interim detention orders, determinations of question of fitness to be tried or findings of not guilty on ground of insanity
F3114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Required medical evidence for hospital directions
F3115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Extension reports in relation to public protection orders without restrictions
F3116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Required medical evidence for directions for the transfer of prisoners etc to hospital
F3117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Admission of person subject to hospital transfer direction to hospital
F3118
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31Code of practice
F3119
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3Transitional provision
I4320
Paragraph 5, 9, 11 or 18 continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.
21
Where, by virtue of paragraph 12 an accused person has been remanded under section 162 for more than 12 weeks in total, the person may not be further remanded under that provision after the end of any period for which that paragraph has effect.
PART 4Review of operation of certain provisions of this Schedule
I4422
1
Each HSC trust must maintain a record of each instance where a panel operates in reliance on paragraph 5 or 9.
2
The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance on paragraph 5 or 9 was appropriate.
3
The HSC trust must send the report under sub-paragraph (2) to the Department of Health in Northern Ireland no later than 3 months after the end of a period for which the paragraph of this Schedule in question has effect.
SCHEDULE 12Local authority care and support
F17PART 1Powers and duties of local authorities in England
Sch. 12 Pt. 1 expires (except for Sch. 12 paras. 3(2)(3), 10, 13, 18) (17.7.2021) by virtue of The Coronavirus Act 2020 (Early Expiry) Regulations 2021 (S.I. 2021/856), reg. 4(a) (see 2020 c. 7, s. 89(2)(r))
Introductory
F171
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assessing needs for care and support
F172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assessment of financial resources
I333
1
F17...
This is subject to sub-paragraph (2).
2
A local authority may not make a charge under section 14 of CA 2014 for meeting any needs under section 18, 19, 20 or 62 of that Act during a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect without having carried out an assessment under section 17 of that Act.
3
The requirement under sub-paragraph (2) to carry out an assessment under section 17 of CA 2014 applies whether or not the authority has made a determination under section 13(1) of that Act.
Duties and powers to meet needs for care and support
F174
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F175
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F176
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F177
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F178
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Charging for meeting needs during emergency period
I3110
1
This paragraph applies where—
a
at any time during an emergency period, a local authority begins to meet needs under section 18, 19, 20 or 62 of CA 2014,
b
at that time, the authority would have been entitled to make a charge under section 14 of that Act for meeting any of those needs, but
c
the authority decided not to carry out an assessment under section 17 of that Act before beginning to meet those needs.
In this paragraph “emergency period”, in relation to section 18, 19, 20 or 62 of CA 2014, means a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect.
2
The local authority is not prevented by that decision from subsequently carrying out an assessment under section 17 of CA 2014 (whether during or after the emergency period) and deciding to make a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs.
3
In so far as there is any charge for meeting any needs under section 18 or 19(2) of CA 2014 during the emergency period, the fact that condition 1, 2 or 3 in section 18 of that Act is not met at the time of the making of the charge does not affect anything already done under section 18 or (as the case may be) 19(2) of that Act.
4
In so far as there is any charge for meeting any needs under section 20(1) of CA 2014 during the emergency period, the fact that condition 1, 2, 3 or 4 in that section is not met at the time of the making of the charge does not affect anything already done under that section.
Care and support plans etc
F1711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Continuity of care and support when person moves
F1712
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3413
1
This paragraph applies where—
a
paragraph 12 has had effect for any period (“the emergency period”), and
b
the emergency period has ended.
2
Section 37 of CA 2014 has effect subject to the modifications in sub-paragraphs (3) to (5).
3
In subsections (1) and (2)—
a
any reference to notifying a local authority that an adult intends to move to the area of that authority includes, in the case of an adult who moved to the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved to that area, and
b
where a local authority is notified that an adult has moved to the authority's area by virtue of paragraph (a), the condition in subsection (1)(c) or (as the case may be) (2)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).
4
In subsection (3)—
a
the reference to notifying a local authority that an adult intends to move out of accommodation but to remain in the authority's area includes, in the case of an adult who moved out of accommodation in the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved out of the accommodation but has remained in that area, and
b
where a local authority is notified that an adult has moved out of accommodation by virtue of paragraph (a), the condition in subsection (3)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).
5
In a case where subsection (4)(b) does not apply by virtue of sub-paragraph (3)(b) or (4)(b), subsection (5) has effect as if the reference to having received the notification under subsection (4)(b) were omitted.
6
The reference in section 38(1) of CA 2014 to the day of the intended move is, in the case of an adult who moved as mentioned in section 37(1)(b), (2)(b) or (3)(b) of that Act during the emergency period, to be read as a reference to the day on which that period ended.
Discharge of hospital patients with care and support needs
F1714
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transition for children to adult care and support
F1715
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties arising before commencement
F1716
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Period within which assessments may be carried out
F1717
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Guidance
I3218
1
The Secretary of State may issue guidance about how local authorities are to exercise functions under any of the following enactments in consequence of the provision made by this Part of this Schedule—
a
Part 1 of CA 2014;
b
section 2 of the Chronically Sick and Disabled Persons Act 1970;
c
section 17 of the Children Act 1989.
2
A local authority must have regard to any guidance issued under this paragraph.
3
A local authority must comply with such guidance issued under this paragraph as the Secretary of State directs.
4
The Secretary of State—
a
may from time to time revise any guidance issued under this paragraph;
b
may vary or revoke a direction made under sub-paragraph (3).
5
A local authority may disregard any guidance under section 7 of the Local Authority Social Services Act 1970 or section 78 of CA 2014, so far as it is inconsistent with guidance issued under this paragraph.
F18F13PART 2Powers and duties of local authorities in Wales
Sch. 12 Pt. 2 expires (except for Sch. 12 paras. 19 (in part), 30, 33, 35) (1.8.2021) by virtue of The Coronavirus Act 2020 (Early Expiry: Local Authority Care and Support) (Wales) Regulations 2021 (S.I. 2021/850), regs. 1(2), 2(a) (see 2020 c. 7, s. 89(2)(r))
Sch. 12 Pt. 2 suspended (22.3.2021) by The Coronavirus Act 2020 (Suspension: Local Authority Care and Support) (Wales) Regulations 2021 (S.I. 2021/316), regs. 1(2), 2(a)
Introductory
I27F1819
1
In this Part of this Schedule “SSW(W)A 2014” means the Social Services and Well-being (Wales) Act 2014 (anaw 4).
2
Expressions used in this Part of this Schedule and in SSW(W)A 2014 have the same meaning in this Part of this Schedule as in that Act.
Assessing needs for care and support
F1820
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1821
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1822
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1823
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1824
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty to carry out financial assessment
F1825
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties to meet needs for care and support
F1826
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1827
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1828
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1829
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Charging for meeting needs during emergency period
I2830
1
This paragraph applies where—
a
at any time during an emergency period, a local authority begins to meet needs under section 35 or 40 of SSW(W)A 2014,
b
at that time, the authority would have been entitled to impose a charge under section 59 of that Act for meeting any of those needs, but
c
the authority decided not to carry out an assessment under section 63(2) of that Act before beginning to meet those needs.
In this paragraph “emergency period” means a period for which paragraph 26 or (as the case may be) 27 has effect.
2
The local authority is not prevented by that decision from subsequently carrying out an assessment under section 63(2) of SSW(W)A 2014 (whether during or after the emergency period) and deciding to impose a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs.
3
In so far as there is any charge for meeting any needs under section 35 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.
4
In so far as there is any charge for meeting any needs under section 40 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.
Care and support plans etc
F1831
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Portability of care and support
F1832
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2933
1
This paragraph applies where—
a
paragraph 32 has had effect for any period (“the emergency period”), and
b
the emergency period has ended.
2
Section 56 of SSW(W)A 2014 has effect in the case of an adult with the modifications in sub-paragraphs (3) to (5).
3
In subsection (1)—
a
the reference to a local authority being notified that a person is going to move to the area of another local authority includes, in the case of an adult who moved to the area of another local authority during the emergency period, a reference to being notified that the adult has moved to that area, and
b
where a local authority is notified that an adult has moved to the area of another local authority by virtue of paragraph (a), the reference to the authority being satisfied that the move is likely to happen is to be disregarded (and accordingly the requirement imposed by subsection (1)(a) does not apply).
4
In subsection (2)—
a
the reference to a local authority being notified that a person is going to move to the area of that authority includes, in the case of an adult who moved to the area of a local authority during the emergency period, a reference to that authority being notified that the adult has moved to that area, and
b
where a local authority is notified that an adult has moved to the authority's area by virtue of paragraph (a), the reference to the authority being satisfied that the move is likely to happen is to be disregarded (and accordingly the requirement imposed by subsection (2)(a) does not apply).
5
The reference in subsection (3) to the day the person moves to the area of a local authority is, in the case of an adult who moved to the area of a local authority during the emergency period, to be read as a reference to the day on which that period ended.
Duties arising before commencement
F1834
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Guidance
I3035
1
The Welsh Ministers may issue guidance about how local authorities are to exercise functions under Parts 2 to 5 of SSW(W)A 2014 in consequence of the provision made by this Part of this Schedule.
2
A local authority must have regard to any guidance issued under this paragraph.
3
A local authority must comply with such guidance issued under this paragraph as the Welsh Ministers direct.
4
The Welsh Ministers—
a
may from time to time revise any guidance issued under this paragraph;
b
may vary or revoke a direction made under sub-paragraph (3).
5
A local authority may disregard any provision of a code under section 145 of SSW(W)A 2014, so far as it is inconsistent with guidance issued under this paragraph.
SCHEDULE 13Registration of deaths and still-births
PART 1England and Wales
Interpretation
I11
1
In this Part of this Schedule—
“the 1926 Act” means the Births and Deaths Registration Act 1926;
“the 1953 Act” means the Births and Deaths Registration Act 1953;
“the principal 1987 Regulations” means the Registration of Births and Deaths Regulations 1987 (S.I. 1987/2088);
“the 2019 Regulations” means the Notification of Deaths Regulations 2019 (S.I. 2019/1112).
2
Expressions used in this Part of this Schedule and in the 1953 Act have the same meaning as in that Act.
Information concerning deaths: England and Wales
F492
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Giving information other than in person and dispensing with signing the register
F503
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Medical certificates of cause of death
F544
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delivery of documents by alternative methods
F525
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Further modifications of the principal 1987 Regulations
F516
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notification of death to coroner
F537
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional provision
I28
Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.
I39
1
This paragraph applies where, during any period for which paragraph 5 has effect, a person delivers a relevant document in reliance on that paragraph.
2
The person must give, deliver or send the document in accordance with the applicable legislation as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends.
3
The Registrar General may give a direction—
a
setting a later deadline than the one specified in sub-paragraph (2), or
b
dispensing with the duty under sub-paragraph (2).
4
A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case.
5
A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph.
6
A registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case—
a
setting a later deadline than the one specified in sub-paragraph (2), or
b
dispensing with the duty under sub-paragraph (2).
7
In this paragraph—
“applicable legislation” means—
- a
in the case of a document within paragraph 5(2)(a), the 1953 Act, and
- b
in the case of a document within paragraph 5(2)(b), the 1926 Act;
- a
“relevant document” has the same meaning as in paragraph 5.
C9PART 2Scotland
Sch. 13 Pt. 2 continued until 24.9.2022 (24.3.2022) by The Coronavirus Act 2020 (Alteration of Expiry Date) (Scotland) Regulations 2022 (S.S.I. 2022/40), regs. 1, 2(a)
Interpretation
I410
1
In this Part of this Schedule “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965.
2
Expressions used in this Part of this Schedule and in the 1965 Act have the same meaning as in that Act.
Information concerning deaths
I511
A funeral director may for the purposes of section 23(1) of the 1965 Act give information concerning the death of a person if the funeral director—
a
is responsible for the arrangement of the deceased's funeral, and
b
is authorised by a relative of the deceased to give information concerning the death.
Giving information other than in person
I612
1
A person who is required under the 1965 Act to give information about a death or still-birth to the district registrar for a registration district may give the information to the registrar—
a
by telephone, or
b
by any other methods specified in guidance by the Registrar General,
if the person is unable to attend the registrar personally.
2
A person is to be treated as unable to give information for the purposes of sub-paragraph (1) if it would be unreasonable for the person to do so (whether because of illness, the need to care for others, the risk of infection, staff shortages at the district registrar's office or any other reason).
3
Where information is given under sub-paragraph (1)—
a
if an approved digital means of attesting the death registration form or, as the case may be, register is available for the person providing the information (“the informant”) to use, the informant may attest the death registration form or, as the case may be, register by that means;
b
otherwise—
i
the informant must provide such details as to the informant's usual signature as the district registrar may require, and
ii
if satisfied with those details, the registrar may in a manner specified in guidance by the Registrar General attest the death registration form or, as the case may be, register on behalf of the informant.
4
For the purpose of sub-paragraph (3), “an approved digital means of attesting” is a means specified for that purpose in guidance issued by the Registrar General.
Delivery of documents by alternative methods
I713
1
Any relevant document may be given or delivered by any electronic or other means specified in guidance issued by the Registrar General.
2
“Relevant document” means a document relating to a death or still-birth that is required or permitted by or under the 1965 Act.
Guidance
I814
The Registrar General may vary or revoke any guidance issued under this Part of this Schedule.
Transitional provision
I915
Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.
I1016
1
This paragraph applies where, during any period for which paragraph 13 has effect, a person gives or delivers a relevant document in reliance on that paragraph.
2
The person must give, deliver or send the document in accordance with the 1965 Act as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends.
3
The Registrar General may give a direction—
a
setting a later deadline than the one specified in sub-paragraph (2), or
b
dispensing with the duty under sub-paragraph (2).
4
A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case.
5
A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph.
6
A district registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case—
a
setting a later deadline than the one specified in sub-paragraph (2), or
b
dispensing with the duty under sub-paragraph (2).
7
In this paragraph “relevant document” has the same meaning as in paragraph 13.
C23PART 3Northern Ireland
Sch. 13 Pt. 3 continued in part until immediately before 25.9.2022 (24.3.2022) by The Coronavirus Act 2020 (Registration of deaths and still-births) (Extension) Order (Northern Ireland) 2022 (S.R. 2022/160), arts. 1, 3
Interpretation
I1117
1
In this Part of this Schedule—
“the 1976 Order” means the Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14));
“the 2012 Regulations” means the Civil Registration Regulations (Northern Ireland) 2012 (S.R. (N.I.) 2012 No. 408).
2
In this Part of this Schedule—
a
references to Articles are to Articles of the 1976 Order;
b
references to Forms are to Forms in Schedule 1 to the 2012 Regulations.
3
Expressions used in this Schedule and in the 1976 Order have the meaning given in that Order.
Giving certificate of cause of still-birth directly
I1218
1
This paragraph applies if—
a
a registered medical practitioner or registered midwife is required under Article 15(5) to give an informant a certificate for the purposes of Article 15(3), and
b
the certificate is signed during any period for which this paragraph has effect.
2
The medical practitioner or, as the case may be, the registered midwife—
a
must forthwith send a copy of the certificate to the registrar by electronic means;
b
is not required to give the certificate to the informant (but may do so).
3
The informant is not subject to any duty under Article 15(3) in relation to the certificate.
I1319
In accordance with paragraph 18, Form 10 has effect as if, in the opening lines, for “accompanied by” there were substituted “
and a copy of
”
.
Giving certificate of notice of still-birth directly
I1420
Article 15(7) (registrar receiving written notice of still-births) has effect as if—
a
for “accompanied by such a certificate” there were substituted “
and a copy of such a certificate
”
;
b
for “person sending the notice” there were substituted “
person who has control over, or who ordinarily effects the disposal of bodies at, any burial ground or other place at which it is intended to dispose of the body of a still-born child,
”
.
Giving information to the registrar other than in person and dispensing with signing the register
I1521
1
A qualified informant who is required under the 1976 Order to give information concerning a death or still-birth to a registrar, but who is unable to attend before a registrar in person, may give that information—
a
by telephone, or
b
by electronic means.
2
The duty of a qualified informant to sign the register does not apply where information is given in reliance on sub-paragraph (1).
3
Where information is given in reliance on sub-paragraph (1), that information is to be regarded for the purposes of the 1976 Order as having been given in the manner that is required by the 2012 Regulations.
4
An entry in the register of deaths or the register of still-births for which, by virtue of sub-paragraph (2), no signature is required is to be treated as an entry signed by a qualified informant for the purposes of the 2012 Regulations.
5
A qualified informant is to be treated as unable to attend before a registrar in person for the purposes of sub-paragraph (1) if it would be unreasonable or impracticable for the person to do so (whether because of illness, the need to care for others, the risk of infection, staff shortages at the registrar's office or any other reason).
I1622
In accordance with paragraph 21—
a
Form 2 has effect as if at entry number 15 for “Signature” there were substituted “
Name of person professing to be informant
”
;
b
Form 3 has effect as if at entry number 16 for “Signature of informant” there were substituted “
Name of person professing to be informant
”
.
Signing of certificates of cause of death
I1723
1
This paragraph applies if—
a
a person dies as a result of any natural illness,
b
the person was treated by a registered medical practitioner (“A”) within 28 days prior to the date of the person's death,
c
the time when (apart from this paragraph) A would be required to sign the certificate of cause of death under Article 25(2) falls within any period for which this paragraph has effect,
d
at that time, A is unable to sign the certificate or it is impracticable for A to do so, and
e
another registered medical practitioner (“B”) can state to the best of B's knowledge and belief the cause of death.
2
B may sign the certificate of cause of death under Article 25(2).
3
B is subject to the other duties applicable to a person who has signed such a certificate.
4
A is not subject to any duties in relation to such a certificate.
I1824
1
This paragraph applies if—
a
a person dies as a result of any natural illness,
b
the person was not treated by a registered medical practitioner within 28 days prior to the date of the person's death, and
c
a registered medical practitioner (“C”) can state to the best of C's knowledge and belief the cause of death.
2
C may sign the certificate of cause of death under Article 25(2).
3
C is subject to the other duties applicable to a person who has signed such a certificate.
I1925
Where B or C proposes to sign a certificate under Article 25(2) in reliance on paragraph 23 or 24, Form 12 has effect as if—
a
the two lines beginning with “Date on which was last seen alive and treated by me” were omitted, and
b
for “has died as a result of the natural illness or disease for which he has been treated by me within twenty eight days prior to the date of death” there were substituted “
has died as a result of the cause of death referred to above
”
.
I2026
Where C signs a certificate under Article 25(2) in reliance on paragraph 24, section 7 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) has effect as if the words “for which he had been seen and treated by a registered medical practitioner within twenty-eight days prior to his death” were omitted.
Giving certificate of cause of death directly
I2127
1
This paragraph applies if—
a
a registered medical practitioner signs a certificate of cause of death under Article 25(2) (whether or not the certificate is signed in reliance on paragraph 23 or 24), and
b
the certificate is signed during any period for which this paragraph has effect.
2
The medical practitioner—
a
must forthwith send a copy of the certificate, together with such other particulars as are prescribed under Article 25(2), to the registrar by electronic means,
b
is not required to give the certificate to the informant (but may do so).
3
The informant is not subject to any duties in relation to the certificate.
I2228
In accordance with paragraph 27—
a
Article 22 has effect as if the words “, accompanied by such medical certificate of the cause of the death as is required by Article 25 to be given to the registrar,” were omitted;
b
Article 25(3) has effect as if after “paragraph (2)” there were inserted “
or give the registrar a copy of such a certificate
”
;
c
Article 25(4) has effect as if for the words from “An informant” to “and” there were substituted “
Where a registered medical practitioner gives to the registrar a copy of the certificate which the practitioner has signed under Article 25(2) together with such other particulars as are required under Article 25(2) to be given by the practitioner,
”
.
Giving certificate of registration, or written notice, of death directly
I2329
Article 29 (certificate of registration of death) has effect with the following modifications—
a
paragraph (1) has effect as if—
i
after “person giving information concerning the death” there were inserted “
or the person who effects the disposal of, or performs any funeral service for, the body of the deceased person
”
;
ii
after “a certificate in the prescribed form”, the words “under his hand” were omitted;
b
paragraph (2) has effect as if—
i
for “the person sending the notice, if required to do so,” there were substituted “
the person who effects the disposal of, or performs any funeral service for, the body of the deceased person
”
;
ii
after “a certificate in the prescribed form”, the words “under his hand” were omitted.
Transitional provision
I2430
Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which any provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.
F32SCHEDULE 14Review of medical certificates of cause of death and cremations: Scotland
Sch. 14 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F32PART 1Review of medical certificates of cause of death
F32Interpretation
F321
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32Power to suspend review of certain medical certificates of cause of death
F322
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32Effect of direction on existing reviews referred under section 24A of the 1965 Act
F323
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32Effect of direction on existing reviews made by application under section 4(1) of the 2011 Act
F324
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32Automatic referral of medical certificates of the cause of death to procurator fiscal
F325
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32PART 2Cremations
F32Interpretation
F326
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32Application
F327
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32Suspension of offence relating to signing of declaration
F328
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32Suspension of provisions relating to collection of ashes
F329
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32Retention of ashes during period provisions are suspended
F3210
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32Resumption of duties in relation to retained ashes after revocation
F3211
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32Suspension of local authority duty to make enquiries as to surviving relatives
F3212
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15SCHEDULE 15Information relating to food supply chains: financial penalties
Sch. 15 expires (17.7.2021) by The Coronavirus Act 2020 (Early Expiry) Regulations 2021 (S.I. 2021/856), reg. 2(1)(e)
Notice of intent
F151
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount of penalty
F152
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Right to make representations
F153
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Final notice
F154
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Late payment
F155
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Withdrawal or amendment of notice
F156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeals
F157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement
F158
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 16Temporary closure of educational institutions and childcare premises
F33PART 1England and Wales
Sch. 16 Pt. 1 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F33Schools, 16 to 19 Academies, further and higher education providers
F331
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33Registered childcare providers
F332
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33Effect of temporary closure directions on other provisions
F333
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33Authorisations
F334
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33Publication, duration and guidance
F335
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 2Scotland
Interpretation
C106
In this Part of this Schedule—
“the 1980 Act” means the Education (Scotland) Act 1980;
“the 2005 Act” means the Further and Higher Education (Scotland) Act 2005 (asp 5);
“early learning and childcare” has the meaning given by section 46 of the Children and Young People (Scotland) Act 2014 (asp 8);
“education” includes early learning and childcare, school education, further education and higher education;
“education authority”, “grant-aided school”, “independent school”, “public school”, “school” and “school education” have the meanings given by section 135(1) of the 1980 Act;
“educational establishment” means—
- a
a school;
- b
an education and training establishment approved by the Scottish Qualifications Authority under section 2 of the Education (Scotland) Act 1996 as suitable for presenting persons for SQA qualifications;
- c
a further education institution;
- d
a higher education institution,
and is also to be construed in accordance with paragraph 8(6) to (8);
- a
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
“further education” has the meaning given by section 6 of the Further and Higher Education (Scotland) Act 1992;
“further education institution” means—
- a
a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” or under the heading “Other institutions” in Schedule 2 to the 2005 Act;
- b
a college of further education which is assigned to a regional strategic body by an order made under section 7C(1) of the 2005 Act;
- a
“higher education” has the meaning given by section 38 of the Further and Higher Education (Scotland) Act 1992;
“higher education institution” means—
- a
a body listed under the heading “Institutions formerly eligible for funding by the Scottish Higher Education Funding Council” or under the heading “Other institutions” in Schedule 2 to the 2005 Act;
- b
a person who provides a course of higher education designated by the Scottish Ministers under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 (S.S.I. 2007/154) for the purposes of regulation 3(2) of those Regulations;
- a
“managers”, in relation to a grant-aided school, has the meaning given by section 135(1) of the 1980 Act;
“out of school care” means any form of care provided—
- a
outside school hours;
- b
during school holidays;
to children who are in attendance at a school;
- a
“proprietor”, in relation to an independent school, has the meaning given by section 135(1) of the 1980 Act.
Duty to have regard to public health advice
C117
1
A relevant authority must have regard to any advice relating to the incidence or transmission of coronavirus from the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this paragraph by the Scottish Ministers.
2
Before giving a direction under paragraph 8, 10 or 11, the Scottish Ministers—
a
must have regard to any such advice, and
b
must be satisfied that giving the direction is a necessary and proportionate action in response to the incidence or transmission of coronavirus.
3
In this paragraph—
“relevant authority” means—
- a
a relevant operator of an educational establishment;
- b
a relevant manager of school boarding accommodation (within the meaning given by paragraph 10(5);
- c
a relevant manager of student accommodation (within the meaning given by paragraph 11(5);
- a
“relevant operator”, in relation to an educational establishment, is to be construed in accordance with paragraph 8(6) to (8).
Closure of schools etc and further and higher education institutions
8
F461
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F462
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F463
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F464
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F465
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C86
In this paragraph, “relevant operator”—
a
in relation to a school, means—
i
where the school is a public school, the education authority by which it is managed;
ii
where the school is an independent school, the proprietor;
iii
where the school is a grant-aided school, the managers,
(but see also sub-paragraphs (7) and (8));
b
in relation to a further education institution or a higher education institution, means the governing body of the institution (within the meaning of section 35(2) of the 2005 Act).
C87
Where out of school care is provided by a person in a school, “relevant operator” also includes such a person.
C88
Where school education, early learning and childcare or out of school care is provided by a person in premises other than a school—
a
“relevant operator” also includes such a person, and
b
references to “educational establishment” in this paragraph are to be read as if they were references to such premises.
F459
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Effect of educational closure direction on other provisions
F559
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
School boarding accommodation
C1210
1
The Scottish Ministers may give a direction under this paragraph (a “boarding accommodation closure direction”) that applies to—
a
the relevant manager of one or more named school boarding establishments in Scotland;
b
the relevant managers of all school boarding establishments in Scotland (or any part of Scotland);
c
the relevant managers of a particular description of school boarding establishment in Scotland (or any part of Scotland).
2
A boarding accommodation closure direction is a direction that—
a
requires a relevant manager of a school boarding establishment to take reasonable steps to restrict access to the establishment for a specified period, or
b
provides for pupils for whom school boarding accommodation is provided to be confined in their school boarding accommodation for a specified period.
3
A boarding accommodation closure 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 to the extent that it would be attributable to the direction.
4
A boarding accommodation closure direction may—
a
require the taking of actions in general terms, or require the taking of particular actions, that the Scottish Ministers consider reasonable;
b
make different provision for different purposes (for example, for different descriptions of people for whom school boarding accommodation is provided);
c
prohibit access in respect of the whole or a specified part of premises in which school boarding accommodation is provided;
d
prohibit access in respect of the carrying on of all activities or in respect of the carrying on of specified activities;
e
be framed by reference to whatever matters the Scottish Ministers consider appropriate;
f
make transitional, transitory or saving provision;
g
make such other provision as the Scottish Ministers consider appropriate in connection with the giving of the direction.
5
In this paragraph—
“pupil” has the meaning given by section 135(1) of the 1980 Act;
“relevant manager”, in relation to school boarding accommodation, means a person having responsibility for the management of the accommodation;
“school boarding accommodation”, in relation to a pupil, means residential accommodation provided to the pupil by a school care accommodation service (within the meaning of paragraph 3 of schedule 12 of the Public Services Reform (Scotland) Act 2010 (asp 8));
“school boarding establishment” means a place where school boarding accommodation is provided;
“specified” means specified, or falling within a description specified, in a direction under this paragraph.
Student accommodation
C1311
1
The Scottish Ministers may give a direction under this paragraph (a “student accommodation closure direction”) that applies to—
a
the relevant manager of one or more named student accommodation premises in Scotland;
b
the relevant managers of all student accommodation premises in Scotland (or any part of Scotland);
c
the relevant managers of a particular description of student accommodation premises in Scotland (or any part of Scotland).
2
A student accommodation closure direction is a direction that—
a
requires a relevant manager of student accommodation premises to take reasonable steps to restrict access to the premises for a specified period, or
b
provides for persons for whom student accommodation is provided to be confined in their student accommodation for a specified period.
3
A student accommodation closure 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 to the extent that it would be attributable to the direction.
4
A student accommodation closure direction may—
a
require the taking of actions in general terms, or require the taking of particular actions, that the Scottish Ministers consider reasonable;
b
make different provision for different purposes (for example, for different descriptions of people for whom student accommodation is provided);
c
prohibit access in respect of the whole or a specified part of student accommodation premises;
d
prohibit access in respect of the carrying on of all activities or in respect of the carrying on of specified activities;
e
be framed by reference to whatever matters the Scottish Ministers consider appropriate;
f
make transitional, transitory or saving provision;
g
make such other provision as the Scottish Ministers consider appropriate in connection with the giving of the direction.
5
In this paragraph—
“relevant manager”, in relation to student accommodation, means a person having responsibility for the management of the accommodation;
“specified” means specified, or falling within a description specified, in a direction under this paragraph;
“student” means a person who is matriculated at a further education institution or a higher education institution;
“student accommodation” means residential accommodation which has been built or converted solely for the purpose of being provided to students;
“student accommodation premises” means a place where student accommodation is provided.
Compliance and enforcement
C1412
1
A relevant authority must comply with a direction under this Part of this Schedule.
2
A relevant authority must have regard to any guidance given by the Scottish Ministers about how to comply with a direction under this Part of this Schedule.
3
The duty imposed on a relevant authority to comply with a direction under this Part of this Schedule is enforceable, on an application made by the Scottish Ministers, by interdict or (as the case may be) by specific implement.
4
An application made under sub-paragraph (3) may be made without notice being given to the relevant authority.
5
In this paragraph, “relevant authority” has the meaning given by paragraph 7(3).
Publication and duration of directions
X4C1513
1
Subject to sub-paragraph (2), the Scottish Ministers must publish a direction under this Part of this Schedule.
2
Where a direction relates to a person specified by name—
a
the Scottish Ministers must give a copy of the direction to that person, and
b
the published version of the direction must not identify any individual without their consent.
3
A direction under this Part of this Schedule has effect until the earlier of—
a
the end of the period specified in the direction, or
b
the revocation of the direction by a further direction given by the Scottish Ministers.
4
Where a direction under this Part of this Schedule makes provision mentioned in paragraph 8(3), 10(3) or 11(3), the Scottish Ministers must, so long as it remains in effect, review the direction—
a
before the end of the period of 21 days beginning with the date on which the direction was given; and
b
before the end of each subsequent period of 21 days.
PART 3Northern Ireland
Schools
F2214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Institutions of further and higher education
F2315
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Childcare providers
F4716
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 17Temporary continuity directions etc: education, training and childcare
PART 1England and Wales
Temporary continuity directions: England
F481
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Temporary continuity directions: Wales
C32
1
The Welsh Ministers may give a temporary continuity direction that applies to—
a
one or more named relevant institutions in Wales;
b
all relevant institutions in Wales (or any part of Wales);
c
relevant institutions in Wales (or any part of Wales) of a particular description.
2
A temporary continuity direction is a direction that—
a
is given—
i
to the responsible body in relation to a relevant institution, or
ii
in the case of a relevant institution without a responsible body, to the institution, and
b
requires that body or institution to take steps specified in the direction in connection with the provision, for a specified period, of—
i
education, training or childcare,
ii
services relating to education, training or childcare, or
iii
ancillary services or facilities.
3
Before giving a direction under this paragraph, the Welsh Ministers—
a
must have regard to any advice from the Chief Medical Officer for Wales or one of the Deputy Chief Medical Officers for Wales relating to the incidence or transmission of coronavirus, and
b
must be satisfied that giving the direction is a necessary and proportionate action for or in connection with the continued provision of anything mentioned in sub-paragraph (2)(b)(i) to (iii) for the specified period for one or more persons.
4
A temporary continuity direction under this paragraph may—
a
require the taking of reasonable steps in general terms, or require the taking of particular steps that the Welsh Ministers consider reasonable, in relation to any of the matters mentioned in the following paragraphs;
b
require a relevant institution to open, to stay open, to re-open, or to open at times when it would not usually be open;
c
require a relevant institution to provide education, training or childcare, services relating to education, training or childcare or ancillary services or facilities;
d
require a relevant institution to allow specified persons to attend that institution for the purpose of receiving education, training or childcare, services relating to education, training or childcare or ancillary services or facilities, provided by or on behalf of that institution;
e
require the alteration of term dates;
f
require a relevant institution to provide or make arrangements for the provision of transport or other services relating to the provision of education, training or childcare or to ancillary services or facilities;
g
make different provision for different purposes, or be framed by reference to whatever matters the Welsh Ministers consider appropriate;
h
make transitional, transitory or saving provision;
i
make such other provision as the Welsh Ministers consider appropriate in connection with the giving of the direction.
5
The duty of a responsible body or relevant institution to which a temporary continuity direction is given under this paragraph to comply with the direction is enforceable against the body or (as the case may be) institution by the Welsh Ministers making an application to the High Court or the county court for an injunction.
6
An application made under sub-paragraph (5) may be made without notice being given to the relevant institution or responsible body.
7
In this paragraph—
“ancillary services or facilities” means services or facilities that are arranged or provided for those attending a relevant institution to receive education, training or childcare (including residential accommodation, meals, laundry facilities, medical services, advice, and pastoral support);
“childcare” means anything which amounts to child minding or day care for children for the purposes of Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) (see section 19(2) to (4) of that Measure);
“local authority” means a county council in Wales or a county borough council;
“registered childcare provider” means a person who provides childcare and is registered under Part 2 of the Children and Families (Wales) Measure 2010, but does not include a childminder who is registered to provide childcare on domestic premises;
“relevant institution” means—
- a
a registered childcare provider;
- b
a school;
- c
an institution within the further education sector, within the meaning of section 91(3) of the Further and Higher Education Act 1992;
- d
an institution within the higher education sector within the meaning of section 91(5) of that Act;
- e
a provider of education or training within the meaning of section 31(1)(a) or (b) or 32(1)(a) or (b) of the Learning and Skills Act 2000 that—
- i
is not an institution within the meaning of paragraph (c) or (d), and
- ii
is in receipt of funding for provision of that education or training from the Welsh Ministers or a local authority;
but does not include an employer who is a provider by reason only of the employer providing such education or training to its employees;
- i
- f
a provider of a course of education within the meaning of Schedule 6 to the Education Reform Act 1988 that is not an institution within the meaning of paragraph (c) or (d);
- g
a local authority;
- a
“responsible body” means—
- a
in relation to a school, the proprietor, within the meaning of section 579(1) of the Education Act 1996;
- b
in relation to an institution within paragraph (c) or (d) of the definition of “relevant institution”, the governing body within the meaning of section 90(1) of the Further and Higher Education Act 1992;
- c
in relation to a provider within paragraph (e) or (f) of that definition, the person with legal responsibility and accountability for the provider;
- a
“school” has the same meaning as in the Education Act 1996 (see section 4 of that Act);
“specified” means specified, or falling within a description specified, in a temporary continuity direction under this paragraph.
Temporary continuity directions: authorisations
C43
1
The Secretary of State may—
a
authorise a local authority to exercise any of the Secretary of State's functions under paragraph 1 in relation to one or more of the following—
i
a registered childcare provider in the local authority's area;
ii
a school in its area;
iii
a 16 to 19 Academy, within the meaning of section 1B of the Academies Act 2010, in its area;
b
authorise the Office for Students to exercise any of the Secretary of State's functions under paragraph 1 in relation to one or more registered higher education providers within the meaning of section 3(10)(a) of the Higher Education and Research Act 2017.
2
The Welsh Ministers may—
a
authorise a local authority to exercise any of the Welsh Ministers' functions under paragraph 2 in relation to one or more of the following—
i
a registered childcare provider in the local authority's area;
ii
a school in its area;
b
authorise the Higher Education Funding Council for Wales to exercise any of the Welsh Ministers' functions under paragraph 2 in relation to one or more of the following—
i
an institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992;
ii
a provider of a course of education within the meaning of Schedule 6 to the Education Reform Act 1988 which is not an institution within sub-paragraph (i).
3
An authorisation granted under this paragraph may be subject to the fulfilment of such terms and conditions as are specified in the authorisation.
4
In this paragraph—
a
in relation to England, “local authority” has the same meaning as in section 579(1) of the Education Act 1996, and
b
in relation to Wales, “local authority” means a county council in Wales or a county borough council.
Publication, duration and guidance in relation to temporary continuity directions
C54
1
Subject to sub-paragraph (2), the appropriate authority must publish a temporary continuity direction under paragraph 1 or 2.
2
Where a direction relates to a person specified by name—
a
the appropriate authority must give a copy of the direction to that person, and
b
the published version of the direction must not identify any individual without their consent.
3
A temporary continuity direction under paragraph 1 or 2 has effect until the earlier of—
a
the end of the period specified under paragraph 1(2)(b) or 2(2)(b) (as the case may be), or
b
the revocation of the direction by a further direction given by the appropriate authority under the same paragraph.
4
A person to whom a temporary continuity direction under paragraph 1 or 2 is given must have regard to any guidance given by the appropriate authority about how to comply with a direction given by that authority under that paragraph.
5
In this paragraph, subject to sub-paragraph (6), “appropriate authority” means—
a
the Secretary of State (in relation to a direction given under paragraph 1);
b
the Welsh Ministers (in relation to a direction given under paragraph 2).
6
Where a person gives a direction by virtue of an authorisation under paragraph 3, “the appropriate authority”—
a
in sub-paragraphs (1), (2) and (4), means that person, and
b
in sub-paragraph (3)(b), includes that person.
Notices temporarily removing or relaxing statutory provisions etc: England
F565
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F576
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notices temporarily removing or relaxing statutory provisions: Wales
X3C67
1
The Welsh Ministers may by notice make provision in relation to Wales—
a
disapplying, for a specified period, any enactment listed in sub-paragraph (5);
b
modifying, for a specified period, any enactment listed in the table in sub-paragraph (6), in the manner described in that table.
2
A notice under sub-paragraph (1) may limit the disapplication or modification of a provision by reference to—
a
a specified person or description of persons;
b
a specified area;
c
any other matter.
3
A notice under sub-paragraph (1) may also make such consequential modifications of any other enactment, for the specified period, as the Welsh Ministers consider appropriate.
4
A notice under sub-paragraph (1) must state why the Welsh Ministers consider that the issuing of the notice is an appropriate and proportionate action in all the circumstances relating to the incidence or transmission of coronavirus.
5
This is the list referred to in sub-paragraph (1)(a)—
a
section 324(5)(a) and (b) of the Education Act 1996 (statement of special educational needs);
b
section 328(5) of that Act (review of education needs);
c
sections 437, 443 and 444(1) and (1A) of that Act (provisions relating to attendance at school);
F3ca
section 69 of, and Schedule 19 to, the School Standards and Framework Act 1998 (duty to secure due provision of religious education);
d
section 87 of the School Standards and Framework Act 1998 (no requirement to admit children permanently excluded from two or more schools);
e
section 101(1) of the Education Act 2002 (basic curriculum for every maintained school);
F1ea
section 109 of that Act (implementation of the National Curriculum in maintained schools);
eb
section 110 of that Act (implementation of the National Curriculum in nursery schools etc.);
ec
sections 116A to 116K of that Act (the local curricula);
f
sections 28(1), 39(2), 40, 42(2) and 50(4) of, and paragraph 2(1) and (2) of Schedule 6 to, the Education Act 2005 (provisions relating to inspections);
g
regulation 12 of the Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016 (S.I. 2016/88 (w.42)) (annual progress reports), so far as it requires an annual report for the years 2020 and 2021.
F19ga
sections 13(1), 14(10), 19(7), 23(1) and 24(1) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (provisions relating to individual development plans);
F2h
the National Curriculum (Key Stage 2 Assessment Arrangements) (Wales) Order 2004 (S.I. 2004/2915 (W. 254));
i
the National Curriculum (Key Stage 3 Assessment Arrangements) (Wales) Order 2005 (S.I. 2005/1394 (W. 108));
j
the Education (National Curriculum) (Assessment Arrangements for Reading and Numeracy) (Wales) Order 2013 (S.I. 2013/433 (W. 51));
k
the National Curriculum (Assessment Arrangements for the Foundation Phase and the Second and Third Key Stages) (Wales) Order 2014 (S.I. 2014/1999 (W. 200));
l
the National Curriculum (Moderation of Assessment Arrangements for the Second and Third Key Stages) (Wales) Order 2015 (S.I. 2015/1309 (W. 113));
m
the National Curriculum (Desirable Outcomes, Educational Programmes and Baseline and End of Phase Assessment Arrangements for the Foundation Phase) (Wales) Order 2015 (S.I. 2015/1596 (W. 195)).
F5n
regulations 3 and 4 of the Changing of School Session Times (Wales) Regulations 2009 (S.I. 2009/572 (W. 54))
6
This is the table referred to in sub-paragraph (1)(b)—
Act, Measure or statutory instrument | Enactment | Authorised modification |
|---|---|---|
The Further and Higher Education Act 1992 | Section 44 (collective worship) | Any duty imposed on a person by section 44 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 1996 | Section 3 (definition of “pupil”) | A person is not for the purposes of the Education Act 1996 to be treated as a pupil at a school merely because any education is provided for that person at the school on a temporary basis for reasons relating to the incidence or transmission of coronavirus. |
Education Act 1996 | Section 14 (functions in respect of primary and secondary schools) | Any duty imposed on a person by section 14 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 1996 | Section 19 (exceptional provision of education in pupil referral units or elsewhere) | Any duty imposed on a person by or under section 19 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 1996 | Section 324 (statement of special educational needs) | Any duty imposed on a person by section 324(5)(a) or (b) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 1996 | Section 328 (review of educational needs) | Any duty imposed on a person by or under section 328 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 1996 | Sections 512 to 512ZB (school meals) | Any duty imposed on a person by sections 512 to 512ZB is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
F8School Standards and Framework Act 1998 | Section 69 (duty to secure due provision of religious education) | Any duty imposed on a person by section 69(1) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 1997 | Section 43 (provision of careers education in schools in Wales) | Any duty imposed on a person by section 43(3) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
School Standards and Framework Act 1998 | Section 70 (requirements relating to collective worship) | Any duty imposed on a person by section 70 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
School Standards and Framework Act 1998 | Section 89A (determination of admission numbers) | Section 89A has effect as if subsections (1) and (3) were omitted and in subsection (2) for “Such a determination under section 89 may also” there were substituted |
School Standards and Framework Act 1998 | Section 99 (general restriction on selection by ability or aptitude) | Section 99 has effect as if subsections (2) and (4), and the words from “unless” to the end in subsection (3), were omitted. |
School Standards and Framework Act 1998 | Section 118 (duty of local authority as respects availability of nursery education) | Any duty imposed on a local authority by section 118 is to be treated as discharged if the local authority has used reasonable endeavours to discharge the duty. |
Learning and Skills Act 2000 | Sections 31 and 32 (education and training for those aged 16 to 19 and those over 19) | Any duty imposed on the Welsh Ministers by section 31 or 32 is to be treated as discharged if the Welsh Ministers have used reasonable endeavours to discharge the duty. |
Learning and Skills Act 2000 | Section 35 (financial resources: conditions) | Section 35 has effect, where a temporary closure direction or temporary continuity direction (under Schedule 16 or 17 to the Coronavirus Act 2020) applies in relation to a person, as if it authorised the Welsh Ministers to vary the conditions imposed, or impose additional conditions, under that section in relation to financial resources secured to that person under section 34. |
Learning and Skills Act 2000 | Section 140 (duty on the Welsh Ministers to arrange an assessment of a person with SEN in particular circumstances) | Any duty imposed on a person by section 140 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
F6Education Act 2002 | Section 101 (basic curriculum for every maintained school in Wales) | Any duty imposed on a person by virtue of section 101 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 2002 | Section 108 (establishment of National Curriculum for Wales by Order) | Section 108 has effect as if it provided that any duty imposed on a person by an order under that section is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
F7Education Act 2002 | Section 109 (implementation of the National Curriculum for Wales in schools) | Any duty imposed on a person by section 109 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 2002 | Section 110 (implementation of the National Curriculum for Wales in respect of nursery schools etc) | Any duty imposed on a person by section 110 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 2002 | Sections 116A to 116K (the local curricula) | Any duty imposed on a person by or under sections 116A to 116K is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 2002 | Section 166(2) (time limit for appeals by proprietor against decisions relating to registered schools) | The period for bringing an appeal is to be treated as increased from 28 days to 3 months. |
Education Act 2005 | Section 28 (duty to arrange regular inspections) | The duty imposed by section 28(1) is to be treated as discharged if the Chief Inspector has used reasonable endeavours to discharge the duty. |
Education Act 2005 | Section 39 (measures to be taken by appropriate authority) | The duty imposed on a person by virtue of section 39(2) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 2005 | Section 40 (statement prepared by a local authority) | Any duty imposed on a local authority by section 40 is to be treated as discharged if the local authority has used reasonable endeavours to discharge the duty. |
Education Act 2005 | Section 42 (statement to be prepared by proprietor of school) | The duty imposed on a person by virtue of section 42(2) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 2005 | Section 50 (inspection of religious education: Wales) | The duty imposed on a person by section 50(4) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Education Act 2005 | Paragraph 2(1) and (2) of Schedule 6 (procedure for inspections under section 50) | Any duty imposed on a person by paragraph 2(1) or (2) is treated as discharged if the person has used reasonable endeavours to discharge the duty. |
Childcare Act 2006 | Section 24 (arrangements between local authority and childcare providers) | Any duty imposed on a Welsh local authority by section 24 is to be treated as discharged if the Welsh local authority has used reasonable endeavours to discharge the duty; and section 24(2) has effect as if after “securing that” there were inserted |
Childcare Act 2006 | Section 27 (duty to provide information, advice and assistance) | Any duty imposed on a Welsh local authority by section 27 is to be treated as discharged if the Welsh local authority has used reasonable endeavours to discharge the duty. |
Children and Families (Wales) Measure 2010 | Section 45 (supply of information to local authorities) | Any duty imposed on the Welsh Ministers under section 45(1) is to be treated as discharged if the Welsh Ministers have used reasonable endeavours to discharge the duty. |
Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016 (S.I. 2016/88 (W.42)) | Regulation 3 (duty to prepare and publish assessments) | Regulation 3(3) has effect as if after “intervals” there were inserted |
Child Minding and Day Care (Wales) Regulations 2010 (S.I. 2010/2574 (W.214)) | The whole instrument | The Regulations have effect as if they included a Regulation in the following terms “The Welsh Ministers may, by notice in writing, relax any of the requirements of regulations 3, 4, 5, 12, 14, 15 or 16, or of paragraph 9 or 33 of Schedule 1, where to do so is a necessary and proportionate response to the incidence or transmission of coronavirus (and those requirements are to be read subject to any such relaxation).” |
F4School Organisation Code made by the Welsh Ministers under sections 38 of the School Standards and Organisation (Wales) Act 2013 (Statutory Code Document Number 011/18) | Paragraph 3.4 (consultation document) | Paragraph 3.4 has effect as if the references to “school day” include a day on which there would have been a school session but for any restriction on the attendance of pupils at the school in connection with the prevalence of coronavirus. |
School Organisation Code made by the Welsh Ministers under sections 38 of the School Standards and Organisation (Wales) Act 2013 (Statutory Code Document Number 011/18) | Paragraph 3.5 (consultation with children and young people) | Any duty imposed on a person by paragraph 3.5 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
School Organisation Code made by the Welsh Ministers under sections 38 of the School Standards and Organisation (Wales) Act 2013 (Statutory Code Document Number 011/18) | Paragraph 4.1 (manner of publication) | Paragraph 4.1 has effect as if the references to “school day” include a day on which there would have been a school session but for any restriction on the attendance of pupils at the school in connection with the prevalence of coronavirus. |
7
The specified period in a notice under sub-paragraph (1) must not exceed one month.
8
The Welsh Ministers may by notice (a “cancellation notice”) cancel a notice under sub-paragraph (1) with effect from the time specified in the cancellation notice.
9
A cancellation notice may contain transitional or saving provision.
10
Where a notice under sub-paragraph (1) modifies section 166(2) of the Education Act 2002 in the manner specified in the table in sub-paragraph (6), that modification continues to have effect in relation to any notice of a refusal, determination or order mentioned in section 166(2) of that Act served during the specified period in the notice under sub-paragraph (1) (except that if the notice under sub-paragraph (1) is cancelled, that specified period is treated as having ended at the time the cancellation of the notice takes effect under sub-paragraph (8)).
11
Nothing in sub-paragraph (7) or (8) prevents the making of a further notice in relation to any provision.
12
Subject to sub-paragraph (13), the Welsh Ministers must—
a
publish a notice under this paragraph, and
b
take such other steps as the Welsh Ministers consider reasonable to bring the notice to the attention of those persons likely to be affected by it.
13
Where the notice relates to a person specified by name—
a
the Welsh Ministers must give a copy of the notice to that person, and
b
the published version of the notice must not identify any individual without their consent.
14
In this paragraph—
“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978), and includes an enactment whenever passed or made;
“specified”, in relation to a notice under sub-paragraph (1), means specified in the notice.
C78
1
The Welsh Ministers may by regulations amend the list in paragraph 7(5) or the table in paragraph 7(6) so as to add an enactment relating (directly or indirectly) to children, education or training, or to vary or remove an entry.
2
The power to make regulations under this paragraph is exercisable by statutory instrument.
3
Regulations under this paragraph may—
a
make different provision for different purposes;
b
contain transitional, transitory or saving provision.
4
A statutory instrument containing regulations under this paragraph must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.
5
Regulations contained in an instrument laid before the National Assembly for Wales by virtue of sub-paragraph (4) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made, unless within that period the instrument is approved by a resolution of the National Assembly for Wales.
6
In calculating the period of 40 days, no account is to be taken of any time during which the National Assembly for Wales is—
a
dissolved, or
b
in recess for more than 4 days.
7
Where regulations cease to have effect as a result of sub-paragraph (5), that does not—
a
subject to sub-paragraph (8), affect anything previously done under or by virtue of the regulations, or
b
prevent the making of new regulations.
8
Where a notice has been given under paragraph 7 by virtue of the regulations and the regulations cease to have effect during the specified period set out in that notice, the specified period is treated as ending at the time the regulations cease to have effect.
C16PART 2Scotland
Sch. 17 Pt. 2 continued until 24.9.2022 (24.3.2022) by The Coronavirus Act 2020 (Alteration of Expiry Date) (Scotland) Regulations 2022 (S.S.I. 2022/40), regs. 1, 2(d)
Interpretation
9
In this Part—
“the 1980 Act” means the Education (Scotland) Act 1980;
“the 2005 Act” means the Further and Higher Education (Scotland) Act 2005 (asp 6);
“early learning and childcare” has the meaning given by section 46 of the Children and Young People (Scotland) Act 2014 (asp 8);
“education” includes early learning and childcare, school education, further education and higher education;
“education authority”, “grant-aided school”, “independent school”, “public school”, “school” and “school education” have the meanings given by section 135(1) of the 1980 Act;
“educational establishment” means—
- a
a school;
- b
an education and training establishment approved by the Scottish Qualifications Authority under section 2 of the Education (Scotland) Act 1996 as suitable for presenting persons for SQA qualifications;
- c
a further education institution;
- d
a higher education institution,
and is also to be construed in accordance with paragraph 11(6) to (8);
- a
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
“further education” has the meaning given by section 6 of the Further and Higher Education (Scotland) Act 1992;
“further education institution” means—
- a
a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” or under the heading “Other institutions” in schedule 2 of the 2005 Act;
- b
a college of further education which is assigned to a regional strategic body by an order made under section 7C(1) of the 2005 Act;
- a
“higher education” has the meaning given by section 38 of the Further and Higher Education (Scotland) Act 1992;
“higher education institution” means—
- a
a body listed under the heading “Institutions formerly eligible for funding by the Scottish Higher Education Funding Council” or under the heading “Other institutions” in schedule 2 of the Further and Higher Education (Scotland) Act 2005;
- b
a person who provides a course of higher education designated by the Scottish Ministers under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 (S.S.I. 2007/154) for the purposes of regulation 3(2) of those Regulations;
- a
“managers”, in relation to a grant-aided school, has the meaning given by section 135(1) of the 1980 Act;
“out of school care” means any form of care provided—
- a
outside school hours;
- b
during school holidays;
to children who are in attendance at a school;
- a
“proprietor”, in relation to an independent school, has the meaning given by section 135(1) of the 1980 Act.
Duty to have regard to public health advice
10
1
A relevant operator of an educational establishment must have regard to any advice relating to coronavirus from the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this paragraph by the Scottish Ministers.
2
Before giving a direction under paragraph 11, the Scottish Ministers—
a
must have regard to any such advice; and
b
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.
3
In this paragraph, “relevant operator”, in relation to an educational establishment, is to be construed in accordance with paragraph 11(6) to (8).
Continuing operation of educational establishments
X111
1
The Scottish Ministers may give a direction under this paragraph (an “educational continuity direction”) that applies to—
a
the relevant operator of one or more named educational establishments in Scotland;
b
the relevant operators of all educational establishments in Scotland (or any part of Scotland);
c
the relevant operators of a particular description of educational establishment in Scotland (or any part of Scotland).
2
An educational continuity direction is a direction relating to the continuing operation of an educational establishment for a specified period.
3
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 to the extent that it would be attributable to the direction.
4
An educational continuity direction may—
a
confer additional functions on a relevant operator relating to—
i
the provision of early learning and childcare, school education, further education or higher education;
ii
the provision of related services (for example, out of school care);
iii
the use of the operator's premises for the purpose of protecting public health;
b
require an educational establishment to open, to stay open, to re-open, or to open at times when it would not usually be open;
c
require a relevant operator to allow specified people or people of a specified description to attend an educational establishment or relevant premises for which the operator is responsible;
d
provide for or require specified people or people of a specified description to attend a specified educational establishment or specified premises for the purposes of receiving early learning and childcare, school education, further education or higher education there;
e
prohibit access in respect of the whole or a specified part of an educational establishment or of relevant premises;
f
prohibit access in respect of the carrying on of all activities or in respect of the carrying on of specified activities;
g
require measures to ensure safe standards of hygiene, and other measures to protect health, to be put in place;
h
require the alteration of term dates, holiday dates or examination dates;
i
require the taking of actions in general terms, or require the taking of particular actions, that the Scottish Ministers consider reasonable;
j
make different provision for different purposes (for example, for different descriptions of people attending an educational establishment);
k
be framed by reference to whatever matters the Scottish Ministers consider appropriate;
l
make transitional, transitory or saving provision;
m
make such other provision as the Scottish Ministers consider appropriate in connection with the giving of the direction.
5
In this paragraph—
“relevant premises”, means any premises (other than residential accommodation) which people attend in order to receive services provided by or on behalf of the relevant operator of an educational establishment there (see also sub-paragraphs (8) and (9)),
“specified” means specified, or falling within a description specified, in a direction under this paragraph.
6
In this paragraph, “relevant operator”—
a
in relation to a school, means—
i
where the school is a public school, the education authority by which it is managed;
ii
where the school is an independent school, the proprietor;
iii
where the school is a grant-aided school, the managers,
(but see also sub-paragraphs (7) and (8));
b
in relation to a further education institution or a higher education institution, means the governing body of the institution (within the meaning of section 35(2) of the 2005 Act);
7
Where out of school care is provided by a person in a school, “relevant operator” also includes such a person.
8
Where school education, early learning and childcare or out of school care is provided by a person in premises other than a school—
a
“relevant operator” also includes such a person, and
b
references to “educational establishment” in this paragraph are to be read as if they were references to such premises.
9
Where early learning and childcare or out of school care is provided by a person acting as a child minder (within the meaning of paragraph 12 of Schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)) in premises used mainly as a private dwelling, an educational continuity direction may only apply to the part of the premises in which such care is provided.
Compliance and enforcement
12
1
A relevant operator of an educational establishment must comply with a direction under paragraph 11.
2
A relevant operator must have regard to any guidance given by the Scottish Ministers about how to comply with a direction under paragraph 11.
3
The duty imposed on a relevant operator to comply with a direction under paragraph 11 is enforceable, on an application made by the Scottish Ministers, by interdict or (as the case may be) by specific implement.
4
An application made under sub-paragraph (3) may be made without notice being given to the relevant operator.
5
In this paragraph, “relevant operator”, in relation to an educational establishment, is to be construed in accordance with paragraph 11(6) to (8).
Publication, duration and review of directions
X213
1
Subject to sub-paragraph (2), the Scottish Ministers must publish a direction under paragraph 11.
2
Where a direction relates to a person specified by name—
a
the Scottish Ministers must give a copy of the direction to that person, and
b
the published version of the direction must not identify any individual without their consent.
3
A direction under paragraph 11 has effect until the earlier of—
a
the end of the period specified in the direction, or
b
the revocation of the direction by a further direction given by the Scottish Ministers.
4
Where a direction under paragraph 11 makes provision mentioned in paragraph 11(3), the Scottish Ministers must, so long as it remains in effect, review the direction—
a
before the end of the period of 21 days beginning with the date on which the direction was given; and
b
before the end of each subsequent period of 21 days.
F34PART 3Northern Ireland
Sch. 17 Pt. 3 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F34Temporary continuity directions
F3414
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3415
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3416
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Notices temporarily removing or relaxing education duties
F3417
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C24SCHEDULE 18Powers to act for the protection of public health: Northern Ireland
Sch. 18 continued until 24.9.2022 (23.3.2022 at 3.30 p.m.) by The Coronavirus Act 2020 (Extension of Powers to Act for the Protection of Public Health) Order (Northern Ireland) 2022 (S.R. 2022/157), arts. 1, 2
The Public Health Act (Northern Ireland) 1967 has effect as if after Part 1 there were inserted—
PART 1APublic health protection
Introductory
25AInfection or contamination
1
The following provisions have effect for the interpretation of this Part.
2
Any reference to infection or contamination is a reference to infection or contamination with coronavirus which presents or could present significant harm to human health; and “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
3
Any reference to the spread of contamination includes a reference to the spread of any source of contamination.
4
Any reference to disinfection or decontamination includes a reference to the removal of any vector, agent or source of the infection or contamination.
5
Related expressions are to be read accordingly.
Power to make regulations
25BHealth protection regulations: international travel etc
1
The Department of Health may by regulations make provision—
a
for preventing danger to public health from vessels, aircraft, trains or other conveyances arriving at any place,
b
for preventing the spread of infection or contamination by means of any vessel, aircraft, train or other conveyance leaving any place, and
c
for giving effect to any international agreement or arrangement relating to the spread of infection or contamination.
2
Regulations under subsection (1) may in particular include provision—
a
for the detention of conveyances,
b
for the medical examination, detention, isolation or quarantine of persons,
c
for the inspection, analysis, retention, isolation, quarantine or destruction of things,
d
for the disinfection or decontamination of conveyances, persons or things or the application of other sanitary measures,
e
for prohibiting or regulating the arrival or departure of conveyances and the entry or exit of persons or things,
f
imposing duties on masters, pilots, train managers and other persons on board conveyances and on owners and managers of ports, airports and other points of entry, and
g
requiring persons to provide information or answer questions (including information or questions relating to their health).
25CHealth protection regulations: domestic
1
The Department of Health may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Northern Ireland (whether from risks originating there or elsewhere).
2
The power in subsection (1) may be exercised—
a
in relation to infection or contamination generally or in relation to particular forms of infection or contamination, and
b
so as to make provision of a general nature, to make contingent provision or to make specific provision in response to a particular set of circumstances.
3
Regulations under subsection (1) may in particular include provision—
a
imposing duties on registered medical practitioners or other persons to record and notify cases or suspected cases of infection or contamination,
b
conferring on the Regional Agency or other persons functions in relation to the monitoring of public health risks, and
c
imposing or enabling the imposition of restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health.
4
The restrictions or requirements mentioned in subsection (3)(c) include in particular—
a
a requirement that a child is to be kept away from school,
b
a prohibition or restriction relating to the holding of an event or gathering,
c
a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains, and
d
a special restriction or requirement.
5
The power in subsection (1) is subject to section 25D.
6
For the purposes of this Part a “special restriction or requirement” means any of the following restrictions or requirements—
a
that a person submit to medical examination;
b
that a person be removed to a hospital or other suitable establishment;
c
that a person be detained in a hospital or other suitable establishment;
d
that a person be kept in isolation or quarantine;
e
that a person be disinfected or decontaminated;
f
that a person wear protective clothing;
g
that a person provide information or answer questions about the person's health or other circumstances;
h
that a person's health be monitored and the results reported;
i
that a person attend training or advice sessions on how to reduce the risk of infecting or contaminating others;
j
that a person be subject to restrictions on where the person goes or with whom the person has contact;
k
that a person abstain from working or trading;
l
that a thing be seized or retained;
m
that a thing be kept in isolation or quarantine;
n
that a thing be disinfected or decontaminated;
o
in the case of a dead body, that the body be buried or cremated;
p
in any other case, that a thing be destroyed or disposed of;
q
that premises be closed;
r
that, in the case of a conveyance or movable structure, the conveyance or structure be detained;
s
that premises be disinfected or decontaminated;
t
that, in the case of a building, conveyance or structure, the premises be destroyed.
7
But a restriction or requirement mentioned in subsection (4)(a), (b) or (c) is not to be regarded as a special restriction or requirement.
25DRestrictions on power to make regulations under section 25C
1
Regulations under section 25C may not include provision imposing a restriction or requirement by virtue of subsection (3)(c) of that section unless the Department considers, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.
2
Regulations under section 25C may not include provision enabling the imposition of a restriction or requirement by virtue of subsection (3)(c) of that section unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.
3
Regulations under section 25C may not include provision imposing a special restriction or requirement mentioned in section 25C(6)(a), (b), (c) or (d).
4
Regulations under section 25C may not include provision enabling the imposition of a special restriction or requirement unless—
a
the regulations are made in response to a serious and imminent threat to public health, or
b
imposition of the restriction or requirement is expressed to be contingent on there being such a threat at the time when it is imposed.
5
For the purposes of this section—
a
regulations “enable the imposition of a restriction or requirement” if the restriction or requirement is imposed by virtue of a decision taken under the regulations by the Department, the Regional Agency or another person;
b
regulations “impose a restriction or requirement” if the restriction or requirement is imposed without any such decision.
25EMedical treatment
1
Regulations under section 25B or 25C may not include provision requiring a person to undergo medical treatment.
2
“Medical treatment” includes vaccination and other prophylactic treatment.
25FHealth protection regulations: supplementary
1
This section makes further provision about regulations under section 25B or 25C (“health protection regulations”).
2
Health protection regulations may—
a
confer functions on the Regional Agency and other persons;
b
create offences;
c
enable a court to order a person convicted of any such offence to take or pay for remedial action in appropriate circumstances;
d
provide for the execution and enforcement of restrictions and requirements imposed by or under the regulations;
e
provide for appeals from and reviews of decisions taken under the regulations;
f
permit or prohibit the levy of charges;
g
permit or require the payment of incentive payments, compensation and expenses;
h
provide for the resolution of disputes.
3
Health protection regulations may, for the purposes of giving effect to an international agreement or arrangement, amend any statutory provision.
4
Health protection regulations may not confer functions on officers of Revenue and Customs unless the regulations are made with the consent of the Commissioners for Her Majesty's Revenue and Customs.
5
Health protection regulations may not create an offence triable on indictment or punishable with imprisonment.
6
Health protection regulations—
a
may not create an offence punishable with a fine exceeding £10,000, and
b
if the regulations provide for a further fine for each day on which the default continues after conviction, may not provide for the daily penalty to exceed an amount equal to 2% of level 5 on the standard scale.
7
If health protection regulations provide for the imposition of a daily penalty in respect of a continuing offence, the court by which a person is convicted of the original offence may fix a reasonable period from the date of conviction for compliance by the defendant with any directions given by the court; and, where the court has fixed such a period, the daily penalty shall not be recoverable in respect of any day before that period expires.
8
Regulations under section 25C must provide for a right of appeal to a court of summary jurisdiction against any decision taken under the regulations by virtue of which a special restriction or requirement is imposed on or in relation to a person, a thing or premises.
9
Regulations under section 25C which enable a special restriction or requirement to be imposed by virtue of a decision taken under the regulations must also provide that, if the restriction or requirement is capable of remaining in force in relation to any person, thing or premises for more than a specified period, a specified person may require the continuation of the restriction or requirement to be reviewed in accordance with the regulations at specified intervals by a person determined in accordance with the regulations.
10
In relation to a special restriction or requirement mentioned in section 25C(6)(c) or (d)—
a
the period specified by virtue of subsection (9) and the intervals specified by virtue of that subsection must be 28 days or less, and
b
the regulations must require the continuation of the restriction or requirement to be reviewed without an application being made.
Orders that may be made by a magistrates' court
25GPower to order health measures in relation to persons
1
A magistrates' court may make an order under this subsection in relation to a person (“P”) if the court is satisfied that—
a
P is or may be infected or contaminated,
b
the infection or contamination is one which presents or could present significant harm to human health,
c
there is a risk that P might infect or contaminate others, and
d
it is necessary to make the order in order to remove or reduce that risk.
2
An order under subsection (1) may impose on or in relation to P one or more of the following restrictions or requirements—
a
that P submit to medical examination;
b
that P be removed to a hospital or other suitable establishment;
c
that P be detained in a hospital or other suitable establishment;
d
that P be kept in isolation or quarantine;
e
that P be disinfected or decontaminated;
f
that P wear protective clothing;
g
that P provide information or answer questions about P's health or other circumstances;
h
that P's health be monitored and the results reported;
i
that P attend training or advice sessions on how to reduce the risk of infecting or contaminating others;
j
that P be subject to restrictions on where P goes or with whom P has contact;
k
that P abstain from working or trading.
3
A magistrates' court may make an order under this subsection in relation to a person (“P”) if the court is satisfied that—
a
P is or may be infected or contaminated,
b
the infection or contamination is one which presents or could present significant harm to human health,
c
there is a risk that a related party might infect or contaminate others, and
d
it is necessary to make the order in order to remove or reduce that risk.
4
An order under subsection (3) may impose on or in relation to P a requirement that P provide information or answer questions about P's health or other circumstances (including, in particular, information or questions about the identity of a related party).
5
“Related party” means—
a
a person who has or may have infected or contaminated P, or
b
a person whom P has or may have infected or contaminated.
6
An order under subsection (1) or (3) may also order a person with parental responsibility (within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) for P to secure that P submits to or complies with the restrictions or requirements imposed by the order.
7
The Department of Health must by regulations make provision about the evidence that must be available to a magistrates' court before the court can be satisfied as mentioned in subsection (1) or (3).
8
Any reference in this section to a person who is infected or contaminated includes a reference to a person who carries the source of an infection or contamination, and any reference to infecting or contaminating others includes a reference to passing that source to others.
25HPower to order health measures in relation to things
1
A magistrates' court may make an order under this subsection in relation to a thing if the court is satisfied that—
a
the thing is or may be infected or contaminated,
b
the infection or contamination is one which presents or could present significant harm to human health,
c
there is a risk that the thing might infect or contaminate humans, and
d
it is necessary to make the order in order to remove or reduce that risk.
2
An order under subsection (1) may impose in relation to the thing one or more of the following restrictions or requirements—
a
that the thing be seized or retained;
b
that the thing be kept in isolation or quarantine;
c
that the thing be disinfected or decontaminated;
d
in the case of a dead body, that the body be buried or cremated;
e
in any other case, that the thing be destroyed or disposed of.
3
A magistrates' court may make an order under this subsection in relation to a thing if the court is satisfied that—
a
the thing is or may be infected or contaminated,
b
the infection or contamination is one which presents or could present significant harm to human health,
c
there is a risk that a related person or related thing might infect or contaminate humans, and
d
it is necessary to make the order in order to remove or reduce that risk.
4
An order under subsection (3) may require—
a
the owner of the thing, or
b
any person who has or has had custody or control of the thing,
to provide information or answer questions about the thing (including, in particular, information or questions about where the thing has been or about the identity of any related person or the whereabouts of any related thing).
5
“Related person” means—
a
a person who has or may have infected or contaminated the thing mentioned in subsection (3)(a), or
b
a person whom the thing has or may have infected or contaminated.
6
“Related thing” means—
a
a thing which has or may have infected or contaminated the thing mentioned in subsection (3)(a), or
b
a thing which the thing mentioned in subsection (3)(a) has or may have infected or contaminated.
7
The Department of Health may by regulations make provision about the evidence that must be available to a magistrates' court before the court can be satisfied as mentioned in subsection (1) or (3).
8
In this section—
a
any reference to being infected or contaminated includes a reference to carrying the source of an infection or contamination, and
b
any reference to infecting or contaminating humans, or a person or thing, includes a reference to passing the source of an infection or contamination to humans, or to the person or thing.
25IPower to order health measures in relation to premises
1
A magistrates' court may make an order under this subsection in relation to premises if the court is satisfied that—
a
the premises are or may be infected or contaminated,
b
the infection or contamination is one which presents or could present significant harm to human health,
c
there is a risk that the premises might infect or contaminate humans, and
d
it is necessary to make the order in order to remove or reduce that risk.
2
An order under subsection (1) may impose in relation to the premises one or more of the following restrictions or requirements—
a
that the premises be closed;
b
that, in the case of a conveyance or movable structure, the conveyance or structure be detained;
c
that the premises be disinfected or decontaminated;
d
that, in the case of a building, conveyance or structure, the premises be destroyed.
3
A magistrates' court may make an order under this subsection in relation to premises if the court is satisfied that—
a
the premises are or may be infected or contaminated or are or may be a place where infection or contamination was spread between persons or things,
b
the infection or contamination is one which presents or could present significant harm to human health,
c
there is a risk that a related person or related thing might infect or contaminate humans, and
d
it is necessary to make the order in order to remove or reduce that risk.
4
An order under subsection (3) may require the owner or any occupier of the premises to provide information or answer questions about the premises (including, in particular, information about the identity of any related person or the whereabouts of any related thing).
5
“Related person” means—
a
a person who has or may have infected or contaminated the premises,
b
a person who has or may have infected or contaminated a person who or thing which is or has been on the premises,
c
a person whom the premises have or may have infected or contaminated, or
d
a person who has or may have been infected or contaminated by a person who or thing which is or has been on the premises.
6
“Related thing” means—
a
a thing which has or may have infected or contaminated the premises,
b
a thing which has or may have infected or contaminated a person who or thing which is or has been on the premises,
c
a thing which the premises have or may have infected or contaminated, or
d
a thing which has or may have been infected or contaminated by a person who or thing which is or has been on the premises.
7
The Department of Health may by regulations make provision about the evidence that must be available to a magistrates' court before the court can be satisfied as mentioned in subsection (1) or (3).
8
In this section—
a
any reference to being infected or contaminated includes a reference to carrying the source of an infection or contamination, and
b
any reference to infecting or contaminating humans, or a person, a thing or premises, includes a reference to passing the source of an infection or contamination to humans, or to the person, thing or premises.
25JOrders in respect of groups
1
The powers in sections 25G, 25H and 25I include power to make an order in relation to a group of persons, things or premises.
2
For those purposes, those sections have effect as follows.
3
In section 25G—
a
in subsections (1)(a) and (c) and (3)(a), the reference to P is a reference to each person in the group, and
b
in subsections (2) and (4), any reference to P is a reference to any one or more of the persons in the group.
4
In section 25H—
a
in subsections (1)(a) and (c) and (3)(a), the reference to the thing is a reference to each thing in the group, and
b
in subsections (2) and (4) any reference to the thing is a reference to any one or more of the things in the group.
5
In section 25I—
a
in subsections (1)(a) and (c) and (3)(a), the reference to the premises is a reference to each set of premises in the group, and
b
in subsections (2) and (4), any reference to the premises is a reference to any one or more of the sets of premises in the group.
25KPart 1A orders: supplementary
1
This section makes further provision about orders under sections 25G, 25H and 25I (referred to in this Part as “Part 1A orders”).
2
A Part 1A order may include, in addition to the restrictions or requirements mentioned in the provision under which it is made, such other restrictions or requirements as the court considers necessary for the purpose of reducing or removing the risk in question.
3
A restriction or requirement contained in a Part 1A order may be expressed to take effect subject to conditions specified in the order.
4
Two or more Part 1A orders may be combined in a single order.
5
A Part 1A order may contain such directions as the court considers appropriate to give effect to it.
6
In particular (and without limiting the effect of subsection (5)), if the court is satisfied as mentioned in subsection (7) of section 25R, a Part 1A order may authorise a person to do anything which may be authorised by warrant under subsection (5) of that section.
7
If a Part 1A order provides as mentioned in subsection (6), section 25S(1) to (3) (supplementary powers on entry) have effect as if—
a
the order were a warrant issued under section 25R, and
b
the person authorised by the order were an authorised officer.
8
A Part 1A order may order the payment of compensation or expenses in connection with the taking of measures pursuant to the order.
9
A Part 1A order is authority for those persons to whom it is addressed to do such things as may be necessary to give effect to it.
25LPeriod for which a Part 1A order may be in force
1
A Part 1A order must specify the period for which any restriction or requirement imposed by or under the order is to remain in force.
2
That period may be extended by further order of a magistrates' court.
3
In relation to restrictions or requirements mentioned in section 25G(2)(c) or (d) (detention in hospital, or period of isolation or quarantine), neither—
a
the period specified under subsection (1), nor
b
the period of any extension under subsection (2),
may exceed 28 days.
4
The Department of Health may by regulations prescribe a shorter period for the purposes of subsection (3).
5
The Department of Health may by regulations prescribe, in relation to any other restrictions or requirements—
a
the maximum period which may be specified under subsection (1), and
b
the maximum period of any extension under subsection (2).
25MProcedure for making, varying and revoking Part 1A orders
1
The power of a magistrates' court to make a Part 1A order is exercisable on the application of the Regional Agency by notice under Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
2
The Department of Health must by regulations require the Regional Agency to give notice to such persons as may be prescribed of the making of an application for a Part 1A order; but this is subject to subsection (3).
3
If a magistrates' court considers it necessary to do so, the court may make a Part 1A order without a person having been given such notice as is otherwise required to be given to that person under magistrates' court rules or regulations under subsection (2).
4
The Department of Health may by regulations make other provision for the procedure on an application for a Part 1A order (including provision modifying the Magistrates' Courts (Northern Ireland) Order 1981 and magistrates' courts rules).
5
A Part 1A order may be varied or revoked by a magistrates' court on the application of—
a
an affected person,
b
the Regional Agency, or
c
any other authority with the function of executing or enforcing the order in question.
6
In the case of an order under section 25G(1) or (3), the following persons are affected persons—
a
P,
b
a person with parental responsibility (within the meaning of the Children (Northern Ireland) Order 1995) for P,
c
P's husband, wife or civil partner,
d
a person living with P as if they were spouses of each other, and
e
such other persons as may be prescribed.
7
In the case of an order under section 25H(1), the following persons are affected persons—
a
the owner of the thing,
b
any person with custody or control of the thing, and
c
such other persons as may be prescribed.
8
In the case of an order under section 25I(1), the following persons are affected persons—
a
the owner of the premises,
b
any occupier of the premises, and
c
such other persons as may be prescribed.
9
In the case of an order under section 25H(3) or 25I(3), the person required to provide information or answer questions and such other persons as may be prescribed are affected persons.
10
Variation or revocation of a Part 1A order does not invalidate anything done under the order prior to the variation or revocation.
25NPower to make further provision by regulations
1
The Department of Health may by regulations make provision about the taking of measures pursuant to Part 1A orders.
2
The regulations may in particular make provision about—
a
the type of investigation which may be carried out as part of a medical examination;
b
the manner in which measures are to be taken;
c
who is to be responsible for executing and enforcing measures;
d
who is to be liable for the costs of measures;
e
the payment of compensation or expenses in connection with the taking of measures.
3
But the regulations may not confer functions on officers of Revenue and Customs to execute or enforce Part 1A orders unless the regulations are made with the consent of the Commissioners for Her Majesty's Revenue and Customs.
25OEnforcement of Part 1A orders
1
A person commits an offence if the person—
a
fails without reasonable excuse to comply with a restriction or requirement imposed by or under a Part 1A order, or
b
wilfully obstructs anyone acting in the execution of a Part 1A order.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
If—
a
a person is convicted of an offence under subsection (1), and
b
the court by which the person is convicted is satisfied that the failure or wilful obstruction constituting the offence has caused premises or things to become infected or contaminated or otherwise damaged them in a material way,
the court may, if it considers it appropriate to do so, order the person to take or pay for such remedial action as may be specified in the order.
4
Subsection (5) applies if—
a
a Part 1A order imposes a requirement that a person be detained or kept in isolation or quarantine in a place, and
b
the person leaves that place contrary to the requirement.
5
A constable may take the person into custody and return the person to that place.
6
But a person may not be taken into custody under subsection (5) after expiry of the period for which the requirement is in force.
Regulations under Part 1A: general
25PAssembly control
1
Regulations under this Part are subject to negative resolution; but this does not apply to—
a
regulations to which subsection (2) applies;
b
regulations contained in a statutory rule by virtue of subsection (6) or section 25Q(8) (composite instruments).
2
Regulations to which this subsection applies (as to which, see subsections (4) and (5)) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
3
Subsection (2) is subject to section 25Q (emergency procedure).
4
Subsection (2) applies to—
a
regulations under section 25C (but see subsection (5)),
b
regulations which amend a statutory provision pursuant to section 25F(3),
c
the first regulations to be made under section 25G(7),
d
the first regulations to be made under section 25L(5), or
e
the first regulations to be made under section 25N.
5
Subsection (2) does not apply to regulations under section 25C if the regulations contain a declaration that the Department is of the opinion that the regulations do not include any provision made by virtue of section 25C(3)(c) which imposes or enables the imposition of—
a
a special restriction or requirement, or
b
any other restriction or requirement which has or would have a significant effect on a person's rights.
6
A statutory rule that (in accordance with subsection (2)) is laid before, and approved by a resolution of, the Assembly may contain regulations that would, but for subsection (1)(b) and this subsection, be subject to negative resolution.
25QEmergency procedure
1
This section applies to regulations to which subsection (2) of section 25P applies.
2
The regulations may be made without a draft having been laid and approved as mentioned in subsection (2) of that section if the regulations contain a declaration that the Department is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.
3
After regulations are made in accordance with subsection (2), they must be laid before the Assembly.
4
Regulations made in accordance with subsection (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by a resolution of the Assembly.
5
But if on any day during that period, on proceedings on a motion that (or to the effect that) the regulations be so approved, the Assembly comes to a decision rejecting the regulations, they cease to have effect at the end of that day instead.
6
In reckoning any such period of 28 days, no account is to be taken of any time during which the Assembly is dissolved or is in recess for more than 4 days.
7
Subsections (4) and (5) do not—
a
affect anything done in reliance on the regulations before they ceased to have effect, or
b
prevent the making of new regulations.
8
A statutory rule that is made in accordance with subsection (2) may contain regulations that would, but for section 25P(1)(b) and this subsection, be subject to negative resolution.
General
25RPowers of entry
1
An authorised officer has the right (subject to subsections (2) to (4)) to enter any premises at all reasonable hours for any or all of the following purposes—
a
ascertaining whether there is, or has been, on, or in connection with, the premises any contravention of a provision of this Part, of regulations made under this Part, or of a Part 1A order;
b
ascertaining whether or not circumstances exist which would authorise or require the Regional Agency to take any action, or execute any work, under such a provision or such regulations, or in relation to such an order;
c
taking any action, or executing any work, authorised or required by such a provision or such regulations, or in relation to such an order, to be taken, or executed, by the Regional Agency;
d
generally, for the purpose of the performance by the Regional Agency of its functions under such a provision or such regulations, or in relation to such an order.
2
The right may be exercised only on producing, if so required, a duly authenticated document showing the officer's authority.
3
Admission to premises is not to be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
4
Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling (but this does not affect the power of a magistrates' court under subsection (5) to issue a warrant authorising entry to a private dwelling or to any part of premises used as a private dwelling).
5
If it is shown to the satisfaction of a magistrates' court on sworn information in writing that the first and second conditions (set out in subsections (6) and (7)) are met in relation to any premises, the court may by signed warrant authorise the Regional Agency, by any authorised officer, to enter the premises, if need be by force.
6
The first condition is that there is reasonable ground for entry into the premises for any such purpose as is mentioned in subsection (1).
7
The second condition is that any of the following is the case—
a
admission to any premises has been refused;
b
if admission to the premises is requested, it will be or is likely to be refused;
c
a request for admission would defeat the object of the entry;
d
the occupier is temporarily absent;
e
the premises are unoccupied; or
f
the case is one of urgency.
8
If the case falls within subsection (7)(a) to (d), a warrant must not be issued unless the court is also satisfied—
a
that notice of the intention to apply for a warrant has been given to the occupier, or
b
that the giving of such notice would defeat the object of the entry.
25SSupplementary provisions as to entry
1
An authorised officer (“the officer”) entering any premises by virtue of section 25R, or of a warrant issued under that section, may be accompanied by such other persons and such equipment and materials as may be necessary.
2
On leaving any unoccupied premises which the officer has entered by virtue of such a warrant, the officer must leave them as effectively secured against trespassers as the officer found them.
3
The officer may for the purpose for which entry is authorised—
a
search the premises,
b
carry out measurements and tests of the premises or of anything found on them,
c
take and retain samples of the premises or of anything found on them,
d
inspect and take copies or extracts of any documents or records found on the premises,
e
require information stored in an electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form, and
f
seize and detain or remove anything which the officer reasonably believes to be evidence of any contravention relevant to the purpose for which entry is authorised.
4
Every warrant issued under section 25R continues in force until the purpose for which the entry is necessary has been satisfied.
5
Nothing in section 25R or this section limits the other provisions of this Part, or of regulations made under it, with respect to entry into or upon, and inspection of, any premises.
25TOffence of obstruction
1
A person who wilfully obstructs any person acting in the execution of a right under sections 25R and 25S, or of a warrant under section 25R, is guilty of an offence.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
General
25UApplication to territorial sea
The provisions of this Part have effect in relation to the territorial sea adjacent to Northern Ireland.
25VForm of notices
The Department of Health may by regulations prescribe the form of any notice or other document to be used for the purposes of this Part.
25WOther provision as to offences
1
In its application to offences created by or under this Part, section 20(2) of the Interpretation Act (Northern Ireland) 1954 has effect with the omission of the words “the liability of whose members is limited”.
2
A court of summary jurisdiction may hear and determine a complaint charging an offence created by or under this Part if the complaint is made both—
a
before the end of the period of 3 years beginning with the date of the commission of the offence, and
b
before the end of the period of 6 months beginning with the date on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to the prosecutor's knowledge;
and this applies in place of Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981.
3
For the purposes of subsection (2)(b)—
a
a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the prosecutor's knowledge is conclusive evidence of that fact, and
b
a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.
25XCrown property
1
This section applies to any house, building or other premises being property belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a government department, or held in trust for Her Majesty for purposes of a government department.
2
In relation to any such property, the appropriate authority may agree with the Regional Agency that any provision of this Part specified in the agreement shall apply to the property; and, while the agreement is in force, that provision shall apply to that property accordingly, subject to the terms of the agreement.
3
Any such agreement may contain such consequential and incidental provisions as appear to the appropriate authority to be necessary or equitable.
4
In this section, “the appropriate authority” means—
a
in the case of property belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the property;
b
in the case of property belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
c
in the case of property belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints; and
d
in the case of property belonging to a government department or held in trust for Her Majesty for purposes of a government department, that department.
5
In this section, “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.
25YPart 1A: further definitions
1
This Part is to be read in accordance with this section.
2
“Authorised officer” includes any person authorised by the Regional Agency to exercise functions conferred on it by or under this Part (whether or not the person is an officer of the Agency).
3
“Medical examination” includes microbiological and toxicological tests.
4
References to the giving of notice are to notice in writing.
5
“Special restriction or requirement” has the meaning given by section 25C(6).
6
“Statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
7
“Thing” includes—
a
human tissue,
b
a dead body or human remains,
c
animals, and
d
plant material.
8
Any reference to amending a statutory provision includes a reference to repealing, revoking or modifying the application of a statutory provision, and “amendment” is to be read accordingly.
9
Any reference to giving effect to an international agreement or arrangement includes a reference to giving effect to a recommendation issued under such an agreement or arrangement.
C17SCHEDULE 19Health protection regulations: Scotland
Sch. 19 continued until 24.9.2022 (24.3.2022) by The Coronavirus Act 2020 (Alteration of Expiry Date) (Scotland) Regulations 2022 (S.S.I. 2022/40), regs. 1, 2(e)
Health protection regulations
1
1
The Scottish Ministers may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Scotland (whether from risks originating there or elsewhere).
2
The power in sub-paragraph (1) may be exercised—
a
in relation to infection or contamination generally or in relation to particular forms of infection or contamination, and
b
so as to make provision of a general nature, to make contingent provision or to make specific provision in response to a particular set of circumstances.
3
Regulations under sub-paragraph (1) may in particular include provision—
a
imposing duties on registered medical practitioners or other persons to record and notify cases or suspected cases of infection or contamination,
b
conferring on local authorities, health boards or other persons functions in relation to the monitoring of public health risks, and
c
imposing or enabling the imposition of restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health.
4
The restrictions or requirements mentioned in sub-paragraph (3)(c) include in particular—
a
a requirement that a child is to be kept away from school,
b
a prohibition or restriction relating to the holding of an event or gathering,
c
a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains, and
d
a special restriction or requirement (see paragraph 4).
5
The power in sub-paragraph (1) is subject to paragraphs 2 and 3.
6
For the purposes of this Schedule, “health board” and “local authority” have the meanings given in section 124 of the Public Health etc. (Scotland) Act 2008.
Restrictions on power to make regulations under paragraph 1
2
1
Regulations under paragraph 1(1) may not include provision imposing a restriction or requirement by virtue of sub-paragraph (3)(c) of that paragraph unless the Scottish Ministers consider, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.
2
Regulations under paragraph 1(1) may not include provision enabling the imposition of a restriction or requirement by virtue of sub-paragraph (3)(c) of that paragraph unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.
3
Regulations under paragraph 1(1) may not include provision imposing a special restriction or requirement mentioned in paragraph 4(2)(a), (b), (c) or (d).
4
Regulations under paragraph 1(1) may not include provision enabling the imposition of a special restriction or requirement unless—
a
the regulations are made in response to a serious and imminent threat to public health, or
b
imposition of the restriction or requirement is expressed to be contingent on there being such a threat at the time when it is imposed.
5
For the purposes of this paragraph—
a
regulations “enable the imposition of a restriction or requirement” if the restriction or requirement is imposed by virtue of a decision taken under the regulations by the Scottish Ministers, a local authority, health board or other person;
b
regulations “impose a restriction or requirement” if the restriction or requirement is imposed without any such decision.
Medical treatment
3
1
Regulations under paragraph 1(1) may not include provision requiring a person to undergo medical treatment.
2
“Medical treatment” includes vaccination and other prophylactic treatment.
Special restrictions and requirements
4
1
For the purposes of this Schedule—
a
a “special restriction or requirement” means a restriction or requirement mentioned in sub-paragraphs (2) to (4), but
b
a restriction or requirement mentioned in paragraph 1(4)(a), (b) or (c) is not to be regarded as a special restriction or requirement.
2
In relation to a person, that the person—
a
submit to medical examination;
b
be removed to a hospital or other suitable establishment;
c
be detained in a hospital or other suitable establishment;
d
be kept in isolation or quarantine;
e
be disinfected or decontaminated;
f
wear protective clothing;
g
provide information or answer questions about the person's health or other circumstances;
h
has their health monitored and the results reported;
i
attend training or advice sessions on how to reduce the risk of infecting or contaminating others;
j
be subject to restrictions as to where the person may go or with whom the person has contact;
k
abstain from working or trading.
3
In relation to a thing—
a
that the thing be seized or retained;
b
that the thing be kept in isolation or quarantine;
c
that the thing be disinfected or decontaminated;
d
in the case of a dead body, that the body be buried or cremated;
e
in any other case, that the thing be destroyed or disposed of.
4
In relation to premises—
a
that the premises be closed;
b
that, in the case of a conveyance or movable structure, the conveyance or structure be detained;
c
that the premises be disinfected or decontaminated;
d
that, in the case of a building, conveyance or structure, the premises be destroyed.
5
For the purposes of this paragraph—
“hospital” has the meaning given in section 124 of the Public Health etc. (Scotland) Act 2008;
“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 (as defined in regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (S.I. 1995/738)).
- a
Health protection regulations: supplementary
5
1
This paragraph makes further provision about regulations under paragraph 1(1).
2
The regulations may—
a
confer functions on local authorities, health boards and other persons;
b
create offences;
c
enable a court to order a person convicted of any such offence to take or pay for remedial action in appropriate circumstances;
d
provide for the execution and enforcement of restrictions and requirements imposed by or under the regulations;
e
provide for appeals from and reviews of decisions taken under the regulations;
f
permit or prohibit the levy of charges;
g
permit or require the payment of incentive payments, compensation and expenses;
h
provide for the resolution of disputes.
3
The regulations may also make—
a
different provision for different purposes or different areas,
b
such incidental, supplementary, consequential, transitional or transitory provision as the Scottish Ministers consider appropriate.
4
The maximum penalties that may be imposed in relation to offences created under the regulations are—
a
on summary conviction, imprisonment for a period not exceeding 12 months or a fine not exceeding the statutory maximum (or both),
b
on conviction on indictment, imprisonment for a period not exceeding two years or a fine (or both).
5
The regulations must provide for a right of appeal to the sheriff against any decision taken under the regulations by virtue of which a special restriction or requirement is imposed on or in relation to a person, thing or premises.
6
Regulations that enable a special restriction or requirement to be imposed by virtue of a decision taken under the regulations must also provide that, if the restriction or requirement is capable of remaining in force in relation to any person, thing or premises for more than a specified period, a specified person may require the continuation of the restriction or requirement to be reviewed in accordance with the regulations at specified intervals by a person determined in accordance with the regulations.
7
In relation to a special restriction or requirement mentioned in paragraph 4(2)(c) or (d)—
a
the period specified by virtue of sub-paragraph (6) of this paragraph and the intervals specified by virtue of that sub-paragraph must be 28 days or less, and
b
the regulations must require the continuation of the restriction or requirement to be reviewed without an application being made.
8
For the purposes of this paragraph “specified” means specified in the regulations.
Health protection regulations: procedure
6
1
Regulations under paragraph 1(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
2
Sub-paragraph (1) does not apply if the Scottish Ministers consider that the regulations need to be made urgently.
3
Where sub-paragraph (2) applies, the regulations (the “emergency regulations”)—
a
must be laid before the Scottish Parliament; and
b
cease to have effect on the expiry of the period of 28 days beginning with the date on which the regulations were made unless, before the expiry of that period, the regulations have been approved by a resolution of the Parliament.
4
Sub-paragraph (3)(b) does not apply in relation to regulations which—
a
revoke (in whole or in part) emergency regulations; and
b
do—
i
nothing else; or
ii
nothing else except make provision incidental or supplementary to the revocation.
5
In calculating any period of 28 days for the purposes of sub-paragraph (3)(b), no account is to be taken of any period during which the Scottish Parliament is—
a
dissolved; or
b
in recess for more than 4 days.
6
Where emergency regulations cease to have effect under sub-paragraph (3)(b), that does not—
a
affect anything previously done by reference to the regulations;
b
prevent new emergency regulations being made to the same or similar effect.
F35SCHEDULE 20Power to suspend port operations
Sch. 20 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F35Power to give direction to suspend relevant port operations
F351
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Duration of suspension period
F352
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Power to give consequential direction
F353
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Supplementary provisions
F354
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F355
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Offences
F356
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Interpretation
F357
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F358
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36SCHEDULE 21Powers relating to potentially infectious persons
Sch. 21 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F36PART 1Overview and interpretation
F36Overview
F361
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Potentially infectious persons
F362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Other definitions
F363
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36PART 2Powers relating to potentially infectious persons in England
F36Powers to direct or remove persons to a place suitable for screening and assessment
F366
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F367
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers exercisable at a screening and assessment place: public health officers
F368
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F369
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers exercisable at a screening and assessment place: constables and immigration officers
F3613
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers exercisable after assessment
F3614
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3615
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3616
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3617
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Children
F3618
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Formalities
F3619
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Ancillary powers
F3620
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Guidance and advice
F3621
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36End of transmission control period
F3622
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Offences
F3623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Revocation of regulations
F3624
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36PART 3Powers relating to potentially infectious persons in Scotland
F36Powers to direct or remove persons to a place suitable for screening and assessment
F3627
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3628
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers exercisable at a screening and assessment place: public health officers
F3629
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3630
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3631
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3632
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3633
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers exercisable at a screening and assessment place: constables and immigration officers
F3634
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers exercisable after assessment
F3635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3636
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3637
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3638
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3639
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Children
F3640
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Formalities
F3641
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Ancillary powers
F3642
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Guidance and advice
F3643
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36End of transmission control period
F3644
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Offences
F3645
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Modifications of Public Health etc. (Scotland) Act 2008
F3646
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Constables
F3647
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36PART 4Powers relating to potentially infectious persons in Wales
F36Powers to direct or remove persons to a place suitable for screening and assessment
F3650
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3651
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers exercisable at a screening and assessment place: public health officers
F3652
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3653
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3654
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3655
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3656
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers exercisable at a screening and assessment place: constables and immigration officers
F3657
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers exercisable after assessment
F3658
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3659
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3660
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3661
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Children
F3662
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Formalities
F3663
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Ancillary powers
F3664
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Guidance and advice
F3665
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36End of transmission control period
F3666
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Offences
F3667
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Revocation of regulations
F3668
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36PART 5Powers relating to potentially infectious persons in Northern Ireland
F36Powers to direct or remove persons to a place suitable for screening and assessment
F3671
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3672
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers exercisable at a screening and assessment place: public health officers
F3673
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3674
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3675
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3676
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3677
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers exercisable at a screening and assessment place: constables and immigration officers
F3678
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers exercisable after assessment
F3679
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3680
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3681
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3682
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Children
F3683
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Formalities
F3684
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Ancillary powers
F3685
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Guidance and advice
F3686
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36End of transmission control period
F3687
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Offences
F3688
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Supplementary interpretation
F3689
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 22Powers to issue directions relating to events, gatherings and premises
F37PART 1General
Sch. 22 Pt. 1 expires (25.3.2022(25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F37Interpretation
F371
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37Disapplication to the Parliamentary Estate
F372
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38PART 2Powers relating to events, gatherings and premises in England
Sch. 22 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F38Power to prohibit or otherwise restrict events or gatherings in England
F385
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38Power to close premises in England or impose restrictions on persons entering or remaining in them
F386
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38Variations and revocations
F387
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38Procedure
F388
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38Offences
F389
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3810
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38Enforcement and prosecutions
F3811
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38End of public health response period
F3812
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24PART 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)
F24Power to prohibit or otherwise restrict events or gatherings in Scotland
F2415
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24Power to close premises in Scotland or impose restrictions on persons entering or remaining in them
F2416
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24Variations and revocations
F2417
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24Procedure
F2418
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24Enforcement
F2419
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24Constables
F2420
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24Offences
F2421
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2422
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24Compensation
F2423
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24End of public health response period
F2424
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24Review
F2425
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39PART 4Powers relating to events, gatherings and premises in Wales
Sch. 22 Pt. 4 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F39Power to prohibit or otherwise restrict events or gatherings in Wales
F3928
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39Power to close premises in Wales or impose restrictions on persons entering or remaining in them
F3929
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39Variations and revocations
F3930
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39Procedure
F3931
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39Offences
F3932
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3933
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39Enforcement and prosecutions
F3934
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39Compensation
F3935
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39End of public health response period
F3936
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20PART 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
F20Power to prohibit or otherwise restrict events or gatherings in Northern Ireland
F2039
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20Power to close premises in Northern Ireland or impose restrictions on persons entering or remaining in them
F2040
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20Variations and revocations
F2041
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20Procedure
F2042
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20Enforcement
F2043
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20Offences
F2044
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2045
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20Compensation
F2046
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20End of public health response period
F2047
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C18SCHEDULE 23Live links in criminal proceedings
Sch. 23 continued until 25.9.2022 (24.3.2022) by The Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (S.I. 2022/362), regs. 1(2), 2
PART 1Expansion of powers under the Criminal Justice Act 2003
Introduction
1
The Criminal Justice Act 2003 has effect as if amended in accordance with this Part of this Schedule.
Live links in criminal proceedings
2
1
Section 51 has effect as if amended in accordance with sub-paragraphs (2) to (8).
2
For subsection (1) there were substituted—
1
A person may, if the court so directs, take part in eligible criminal proceedings through—
a
a live audio link, or
b
a live video link.
1A
A direction under this section may be given for a judge or justice to take part in eligible criminal proceedings through a live audio link or a live video link.
1B
But no direction under this section may be given for any member of a jury to take part in eligible criminal proceedings through a live audio link or a live video link.
3
In subsection (2)—
a
for the words before paragraph (a) there were substituted—
2
In this Part “eligible criminal proceedings” means—
b
for paragraph (b) there were substituted—
b
a criminal appeal to the Crown Court and any proceedings that are preliminary or incidental to such an appeal,
c
in paragraph (c) after “indictment” there were inserted “
or any other trial in the Crown Court for an offence
”
;
d
after paragraph (c) there were inserted—
ca
proceedings under section 4A or 5 of the Criminal Procedure (Insanity) Act 1964,
cb
proceedings under Part 3 of the Mental Health Act 1983,
cc
proceedings under—
i
section 11 of the Powers of the Criminal Courts (Sentencing) Act 2000, or
ii
section 81(1)(g) of the Senior Courts Act 1981 or section 16 of this Act in respect of a person who has been remanded by a magistrates' court on adjourning a case under that section of the 2000 Act,
e
in paragraph (d), after “Court of Appeal” there were inserted “
and any proceedings that are preliminary or incidental to such an appeal
”
;
f
after paragraph (d) there were inserted—
da
a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988 and any proceedings that are preliminary or incidental to such a reference,
g
in paragraph (e), after “Criminal Appeal Act 1995 (c.35)” there were inserted “
and any proceedings that are preliminary or incidental to such a hearing
”
;
h
in paragraph (f), “and” were omitted;
i
after paragraph (f) there were inserted—
fa
a hearing under section 142(1) or (2) of the Magistrates' Courts Act 1980 or under section 155 of the Powers of Criminal Courts (Sentencing) Act 2000 F10or section 385 of the Sentencing Code,
j
in paragraph (g), for “Act.” there were substituted “
Act and any proceedings that are preliminary or incidental to such a hearing, and
”
;
k
after paragraph (g) there were inserted—
h
any hearing following conviction held for the purpose of making a decision about bail in respect of the person convicted;
but hearings to which Part 3A of the Crime and Disorder Act 1998 applies (see section 57A(1) of that Act) are not eligible criminal proceedings.
4
For subsection (4) there were substituted—
4
But the court may not give a direction for a person to take part in eligible criminal proceedings through a live audio link or a live video link unless—
a
the court is satisfied that it is in the interests of justice for the person concerned to take part in the proceedings in accordance with the direction through the live audio link or through the live video link,
b
the parties to the proceedings have been given the opportunity to make representations, and
c
the relevant youth offending team has been given the opportunity to make representations, if it is a case where the defendant is a party to the proceedings and either—
i
the defendant has not attained the age of 18 years, or
ii
the defendant has attained the age of 18 years since proceedings for the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age.
5
After subsection (4) there were inserted—
4A
The power conferred by this section includes power to give—
a
a direction that is applicable to several, or all, of the persons taking part in particular eligible criminal proceedings;
b
a direction that is applicable to a particular person in respect of only some aspects of particular eligible criminal proceedings (such as giving evidence or attending the proceedings when not giving evidence);
c
a direction for a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in eligible criminal proceedings through a live audio link or a live video link.
4B
The power of the court to give a direction under this section is subject to Schedule 3A (prohibitions and limitations on use of live links).
4C
The court may vary a live link direction under this section; and the provisions of this Part that apply to the giving of such a direction also apply to the variation of such a direction.
4D
If a court gives a live link direction under this section for a person to take part in particular proceedings by giving evidence through a live audio link or a live video link, the person may not give evidence except in accordance with the direction.
4E
The court may rescind a live link direction under this section at any time before or during the eligible criminal proceedings to which it relates (but this does not affect the court's power to give a further live link direction in relation to the proceedings).
4F
A live link direction under this section may not be rescinded unless—
a
the court is satisfied that it is in the interests of justice for the direction to be rescinded,
b
the parties to the proceedings have been given the opportunity to make representations,
c
the relevant youth offending team has been given the opportunity to make representations, if it is a case where the defendant is a party to the proceedings and either—
i
the defendant has not attained the age of 18 years, or
ii
the defendant has attained the age of 18 years since proceedings for the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age.
4G
A live link direction under this section may be varied or rescinded by the court of its own motion or on an application by a party; but such an application may not be made unless there has been a material change of circumstances since the direction was given.
4H
If a hearing takes place in relation to the giving or rescinding of a live link direction under this section, the court may require or permit a person to take part in that hearing through—
a
a live audio link, or
b
a live video link.
6
Subsection (5) were omitted.
7
In subsection (6), after “give” there were inserted “
or rescind
”
.
8
For subsection (7) there were substituted—
7
Those circumstances include in particular—
a
in the case of a direction relating to a witness—
i
the importance of the witness's evidence to the proceedings;
ii
whether a direction might tend to inhibit any party to the proceedings from effectively testing the witness's evidence;
b
in the case of a direction relating to any participant in the proceedings—
i
the availability of the person;
ii
the need for the person to attend in person;
iii
the views of the person;
iv
the suitability of the facilities at the place where the person would take part in the proceedings in accordance with the direction;
v
whether the person will be able to take part in the proceedings effectively if he or she takes part in accordance with the direction.
9
After subsection (8) there were inserted—
9
The following functions of a magistrates' court under this section may be discharged by a single justice—
a
giving a live link direction under this section;
b
rescinding a live link direction before the eligible criminal proceedings concerned begin; and
c
requiring or permitting a person to attend by live link a hearing about a matter within paragraph (a) or (b).
10
A court may not refuse or revoke bail for a person (P) at eligible criminal proceedings if—
a
any person takes part in the proceedings— other than for the purpose of giving evidence — through a live audio link, and
b
P objects to the refusal or revocation.
11
But subsection (10) does not apply if section 4 of the Bail Act 1976 does not apply to P.
12
A court may not deal with a person for contempt of court (including enquiring into conduct and imposing punishment) at eligible criminal proceedings in which any person takes part — other than for the purpose of giving evidence — through a live audio link.
10
Section 52 were omitted.
Magistrates' courts permitted to sit at other locations
3
1
Section 53 has effect as if amended as follows.
2
In subsection (1)—
a
in paragraph (a), for “evidence to be given through a live link in proceedings before the court” there were substituted “
a person to take part in proceedings before the court through a live audio link or a live video link
”
;
b
in paragraph (b), for “receiving such evidence” there were substituted “
such participation
”
.
Requirement to attend at court, holding proceedings in court etc
4
After section 53 there were inserted—
53ARequirement to attend court, perjury
1
A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as complying with any requirement (however imposed or expressed) for that person to attend or appear before court, or to surrender to the custody of the court, for the purposes of that participation in those proceedings.
2
A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as present in court for the purposes of those proceedings.
3
Eligible criminal proceedings that are conducted—
a
wholly as audio proceedings, or
b
wholly as video proceedings,
are to be regarded as taking place at the location where the member or members of the court take part in the proceedings.
4
A statement made on oath by a witness outside the United Kingdom and given in evidence through a live audio link or a live video link in accordance with a direction under section 51 is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.
Warning to jury
5
In section 54(1), for “a live link” there were inserted “
a live audio link or a live video link by a witness (including the defendant)
”
.
Rules of court
6
1
Section 55 has effect as if amended as follows.
2
In subsection (2)—
a
in paragraph (a), “or 52” were omitted;
b
in paragraph (b), for “live links” there were substituted “
live audio links and live video links
”
.
3
In subsection (3)—
a
in paragraph (a), “uncontested” were omitted;
b
in paragraph (c), “or 52” were omitted.
Interpretation
7
1
Section 56 has effect as if amended as follows.
2
In subsection (1)—
a
before the definition of “legal representative” there were inserted—
“bail” includes remand to local authority accommodation in accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
“eligible criminal proceedings” has the meaning given in section 51(2),
b
after the definition of “local justice area” there were inserted—
“relevant youth offending team” means the youth offending team (established under section 39 of the Crime and Disorder Act 1998) whose functions are exercisable in relation to the defendant concerned,
3
For subsection (2) there were substituted—
2A
A reference to a person taking part in eligible criminal proceedings includes—
a
giving evidence in the proceedings, and
b
attending the proceedings when not giving evidence.
2B
A “live audio link”, in relation to a person (P) taking part in eligible criminal proceedings, is a live telephone link or other arrangement which—
a
enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and
b
enables all other persons taking part in the proceedings who are not in the same location as P to hear P.
2C
Eligible criminal proceedings are conducted wholly as audio proceedings if—
a
directions have been given under section 51 for all of the persons taking part in the proceedings to do so through a live audio link, and
b
all of those persons take part in the proceedings in accordance with those directions.
2D
A “live video link”, in relation to a person (P) taking part in eligible criminal proceedings, is a live television link or other arrangement which—
a
enables P to see and hear all other persons taking part in the proceedings who are not in same location as P, and
b
enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.
2E
Eligible criminal proceedings are conducted wholly as video proceedings if—
a
directions have been given, whether under section 51 or any other power, for all of the persons taking part in the proceedings to do so through a live video link, and
b
all of those persons take part in the proceedings in accordance with those directions.
4
In subsection (3)—
a
for the words before paragraph (a) there were substituted—
3
A reference to the persons participating in eligible criminal proceedings includes—
b
in paragraph (b), for “judge or justices (or both)” there were substituted “
member or members of the court
”
;
c
after paragraph (b) there were inserted—
ba
witnesses in the proceedings,
d
in paragraph (d), for “the witness” there were substituted “
in the proceedings
”
.
5
After subsection (3) there were inserted—
3A
Subsections (2A) to (3) apply for the purposes of this Part.
6
For subsection (4) there were substituted—
4
The following matters are to be disregarded for the purposes of subsections (2B) and (2D)—
a
the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing;
b
the effect of any direction or order which provides for one person taking part in proceedings to be prevented by means of a screen or other arrangement from seeing another person taking part in the proceedings.
Safeguards
8
After Schedule 3 to the Criminal Justice Act 2003 there were inserted—
SCHEDULE 3AProhibitions and limitations on use of live links
Conduct of proceedings wholly as audio proceedings
1
1
Eligible criminal proceedings may be conducted wholly as audio proceedings only if the proceedings meet one of the following conditions.
2
Condition A: the proceedings are preliminary or incidental to a criminal appeal to the Crown Court.
3
Condition B: the proceedings are preliminary or incidental to an appeal to the criminal division of the Court of Appeal.
4
Condition C: the proceedings are preliminary or incidental to a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988.
5
Condition D: the proceedings are preliminary or incidental to the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995.
6
Condition E: the proceedings are a hearing following conviction held for the purpose of making a decision about whether to impose or vary conditions of bail in respect of the person convicted.
7
Condition F:—
a
the proceedings are a hearing following conviction held for the purpose of deciding whether to grant or continue bail in respect of the person convicted, and
b
either—
i
section 4 of the Bail Act 1976 does not apply to the person, or
ii
the making of the decision is not disputed (including where the court is minded to refuse or revoke bail of its own motion).
8
But proceedings which meet any of those conditions may not be conducted wholly as audio proceedings if the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment) at the proceedings.
Conduct of proceedings wholly as video proceedings
2
1
Eligible criminal proceedings may be conducted wholly as video proceedings only if the proceedings meet one of the following conditions.
2
Condition A: the proceedings are—
a
an appeal to the Crown Court which is an appeal only against sentence,
b
an appeal to the Crown Court arising out of a summary trial—
i
which is an appeal arising out of a summary trial which was itself conducted wholly as video proceedings, and
ii
which the parties agree may be conducted wholly as video proceedings, or
c
preliminary or incidental to any criminal appeal to the Crown Court.
3
Condition B: the proceedings are preliminary or incidental to an appeal to the criminal division of the Court of Appeal.
4
Condition C: the proceedings are preliminary or incidental to a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988.
5
Condition D: the proceedings are preliminary or incidental to the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995.
6
Condition E: the proceedings are preliminary or incidental to a hearing before the Court of Appeal under section 80 of this Act.
7
Condition F: the proceedings are a hearing following conviction held for the purpose of making a decision about bail in respect of the person convicted.
8
Condition G:—
a
the proceedings are a summary trial in a magistrates' court,
b
a written procedure notice has been served on the defendant but the offence is not being tried in accordance with section 16A of the Magistrates' Courts Act 1980, and
c
the parties agree to the proceedings being conducted wholly as video proceedings.
9
Condition H: the proceedings are a hearing under section 142(1) or (2) of the Magistrates' Courts Act 1980 or under section 155 of the Powers of Criminal Courts (Sentencing) Act 2000 F11or section 385 of the Sentencing Code.
Other use of live audio links in preliminary and incidental proceedings etc
3
1
This paragraph applies to eligible criminal proceedings which meet any of the conditions in paragraph 1.
2
The defendant may not take part in the proceedings through a live audio link for the purpose of giving evidence.
3
A person (other than the defendant) may not take part in the proceedings through a live audio link for the purpose of giving evidence unless—
a
there are no suitable arrangements by means of which that person could give evidence through a live video link, and
b
the parties agree to that person giving evidence through a live audio link.
4
This paragraph does not apply to proceedings which meet any of the conditions in paragraph 1 if the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment) at the proceedings (but see paragraph 4).
Other use of live audio links in other eligible criminal proceedings
4
1
This paragraph applies to—
a
eligible criminal proceedings which do not meet any of the conditions in paragraph 1, and
b
eligible criminal proceedings which meet any of those conditions if the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment).
2
The defendant may not take part in the proceedings through a live audio link.
3
A person (other than the defendant) may not take part in the proceedings through a live audio link unless—
a
that person's participation through the live audio link is only for the purpose of giving evidence in the proceedings,
b
there are no suitable arrangements by means of which that person could give evidence through a live video link, and
c
the parties agree to that person giving evidence through a live audio link.
4
Where this paragraph applies by virtue of sub-paragraph (1)(b), references to the defendant include references to the person whom the court is minded to deal with for contempt of court.
5
Where this paragraph applies to proceedings under section 4A or 5 of the Criminal Procedure (Insanity) Act 1964, it is for the defendant's representative (if such a representative has been appointed), rather than the defendant, to give any agreement under sub-paragraph (3)(c).
6
In this paragraph “defendant's representative” means the person appointed by the court to put the case for the defence.
Other limitations to apply also
5
The limitations imposed under this Schedule are in addition to any others (such as those in section 51(4)) which apply to the exercise of the power to give a direction under section 51.
PART 2Other modifications
Criminal Appeal Act 1968
9
1
The Criminal Appeal Act 1968 has effect as if amended as follows.
2
In section 22 (right of appellant to be present), subsections (4) to (6) were omitted.
3
In section 23 (evidence), subsection (5) were omitted.
4
In section 31 (powers of Court which are exercisable by single judge)—
a
in subsection (1), after paragraph (a) there were inserted—
aza
the powers under section 51 of the Criminal Justice Act 2003 as they are exercisable in relation to appeals to the criminal division of the Court of Appeal and preliminary and incidental proceedings;
b
in subsection (2), paragraph (ca) were omitted.
5
In section 31A (powers of court under Part 1 which are exercisable by registrar)—
a
in the heading, “under Part 1” were omitted;
b
after subsection (2) there were inserted—
2A
The registrar may exercise the powers under section 51 of the Criminal Justice Act 2003 as they are exercisable in relation to appeals to the criminal division of the Court of Appeal and preliminary and incidental proceedings.
c
in subsection (4), after “subsection (2)” there were inserted “
or (2A)
”
.
Criminal Justice Act 1988
10
1
The Criminal Justice Act 1988 has effect as if section 32 (evidence given by persons abroad through television links) were omitted.
2
But section 32 continues to have effect for the purposes of—
a
paragraph 8 of Schedule 13 to the Criminal Justice Act 1988 (direction for section 32 to have effect in relation to Service Courts); and
b
section 29(1) of the Crime (International Co-operation) Act 2003 (hearing witnesses abroad through television links).
3
Accordingly the modification in sub-paragraph (1) does not—
a
affect any order made under—
i
paragraph 8 of Schedule 13 to the 1988 Act, or
ii
section 29(1) of the 2003 Act,
which has effect immediately before the time when that modification comes into effect; or
b
prevent the power under—
i
paragraph 8 of Schedule 13 to the 1988 Act, or
ii
section 29(1) of the 2003 Act,
from being exercised after that time.
SCHEDULE 24Live links in other criminal hearings
C19PART 1Expansion of powers under the Crime and Disorder Act 1998
Sch. 24 Pt. 1 continued until 25.9.2022 (24.3.2022) by The Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (S.I. 2022/362), regs. 1(2), 2
Introduction
1
1
The Crime and Disorder Act 1998 has effect as if amended in accordance with this Part of this Schedule.
2
For the heading of Part 3A there were substituted “
Live links in preliminary, sentencing & enforcement hearings
”
.
Interpretation etc
2
1
Section 57A has effect as if amended as follows.
2
For subsections (1) and (2) there were substituted—
1A
This Part applies to—
a
preliminary hearings and sentencing hearings in the course of proceedings for an offence, and
b
enforcement hearings.
3
In subsection (3)—
a
before the definition of “confiscation order” there were inserted—
“bail” includes remand to local authority accommodation in accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
b
the definitions of “confiscation order” and “custody” were omitted;
c
for the definition of “enforcement hearing” there were substituted—
“enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of—
a
a sum that has been adjudged to be paid on conviction by a magistrates' court or the Crown Court, or
b
a financial penalty that is enforceable in accordance with section 85(6) and (7) of the Criminal Justice and Immigration Act 2008 as if it were such a sum (including a hearing to determine whether a financial penalty is so enforceable);
d
the definitions of “live link” and “police detention” were omitted;
e
after the definition of “preliminary hearing” there were inserted—
“relevant youth offending team”, in relation to a case where—
a
the accused, the offender or the person liable to pay the sum or financial penalty has not attained the age of 18 years, or
b
the accused or the offender has attained the age of 18 years since proceedings for the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age,
means the youth offending team (established under section 39) whose functions are exercisable in relation to the accused, the offender or the person liable to pay the sum or financial penalty;
f
in the definition of “sentencing hearing”—
i
paragraph (a) were omitted;
ii
in paragraph (b), “or” were omitted;
iii
in paragraph (c), for “offence.” there were substituted “
offence (including reviewing, amending or revoking such a sentence or determination); or
”
;
iv
after paragraph (c) there were inserted—
d
determining—
i
how the offender has complied with a sentence given in respect of the offence, or
ii
how the offender should be dealt with in respect of compliance with such a sentence;
and here “sentence” includes any way in which a court has determined that the offender should be dealt with in respect of the offence.
4
After subsection (3) there were inserted—
4
A reference to a person taking part in a hearing includes—
a
giving evidence in the hearing, and
b
attending the hearing when not giving evidence.
5
A “live audio link”, in relation to a person (P) taking part in a hearing, is a live telephone link or other arrangement which—
a
enables P to hear all other persons taking part in the hearing who are not in the same location as P, and
b
enables all other persons taking part in the hearing who are not in the same location as P to hear P.
6
A hearing is conducted wholly as an audio hearing if—
a
directions have been given under section 57B, 57E or 57F for all of the persons taking part in the hearing to do so through a live audio link, and
b
all of those persons take part in the hearing in accordance with those directions.
7
A “live video link”, in relation to a person (P) taking part in a hearing, is a live television link or other arrangement which—
a
enables P to see and hear all other persons taking part in the hearing who are not in the same location as P, and
b
enables all other persons taking part in the hearing who are not in the same location as P to see and hear P.
8
A hearing is conducted wholly as a video hearing if—
a
directions have been given, whether under section 57B, 57E or 57F or any other power, for all of the persons taking part in the hearing to do so through a live video link, and
b
all of those persons take part in the hearing in accordance with those directions.
9
The following matters are to be disregarded for the purposes of subsections (5) and (7)—
a
the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing;
b
the effect of any direction or order which provides for one person taking part in a hearing to be prevented by means of a screen or other arrangement from seeing another person taking part in the hearing.
10
Subsections (4) to (9) apply for the purposes of this Part.
11
Nothing in this Part is to be regarded as affecting any power of a court—
a
to make an order, give directions or give leave of any description in relation to any witness (including the accused), or
b
to exclude evidence at its discretion (whether by preventing questions being put or otherwise).
Expansion of availability of live links at preliminary hearings
3
1
Section 57B has effect as if amended in accordance with sub-paragraphs (2) to (5).
2
In the heading, “where accused is in custody” were omitted.
3
For subsections (2) and (3) there were substituted—
2
The court may, by a direction (a “live link direction”), require or permit a person to take part in the preliminary hearing through—
a
a live audio link, or
b
a live video link.
3
But the court may not give a direction for a person to take part in a preliminary hearing through a live audio link or a live video link unless—
a
the court is satisfied that it is in the interests of justice for the person concerned to take part in the preliminary hearing in accordance with the direction through the live audio link or through the live video link,
b
the parties to the preliminary hearing have been given the opportunity to make representations,
c
the relevant youth offending team has been given the opportunity to make representations, if it is a case where—
i
the accused has not attained the age of 18 years, or
ii
the accused has attained the age of 18 years since proceedings for the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age.
3A
A direction under this section—
a
may be given by the court of its own motion or on an application by a party; and
b
may be given in relation to all subsequent preliminary hearings before the court or to such hearing or hearings as may be specified or described in the direction.
3B
The power to give a live link direction under this section includes power to give—
a
a direction for a judge or justice to take part in a preliminary hearing through a live audio link or a live video link;
b
a direction that is applicable to several, or all, of the persons participating in a particular preliminary hearing;
c
a direction that is applicable to a particular person in respect of only some aspects of a particular preliminary hearing (such as giving evidence or attending the hearing when not giving evidence);
d
a direction for a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in a preliminary hearing through a live audio link or a live video link.
3C
The power of the court to give a direction under this section is subject to Schedule 3A (prohibitions and limitations on use of live links).
3D
The court may vary a live link direction under this section; and the provisions of this section and Schedule 3A that apply to the giving of such a direction also apply to the variation of such a direction.
3E
The court may rescind a live link direction under this section at any time before or during the preliminary hearing to which it relates (but this does not affect the court‘s power to give a further live link direction in relation to the hearing).
3F
A live link direction under this section may not be rescinded unless—
a
the court is satisfied that it is in the interests of justice for the direction to be rescinded,
b
the parties to the preliminary hearing have been given the opportunity to make representations,
c
the relevant youth offending team has been given the opportunity to make representations, if it is a case where—
i
the accused has not attained the age of 18 years, or
ii
the accused has attained the age of 18 years since proceedings for the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age.
3G
A live link direction under this section may be varied or rescinded by the court of its own motion or on an application by a party; but such an application may not be made unless there has been a material change of circumstances since the direction was given.
3H
If a hearing takes place in relation to the giving or rescinding of a live link direction under this section, the court may require or permit a person to take part in that hearing through—
a
a live audio link, or
b
a live video link.
3I
In deciding whether to give or rescind a direction under this section the court must consider all the circumstances of the case.
3J
Those circumstances include in particular—
a
in the case of a direction relating to a witness—
i
the importance of the witness's evidence to the hearing;
ii
whether a direction might tend to inhibit any party from effectively testing the witness's evidence;
b
in the case of a direction relating to any participant in the hearing—
i
the availability of the person;
ii
the need for the person to attend in person;
iii
the views of the person;
iv
the suitability of the facilities at the place where the person would take part in the hearing in accordance with the direction;
v
whether the person will be able to take part in the hearing effectively if he or she takes part in accordance with the direction.
4
Subsections (4) and (5) were omitted.
5
After subsection (7) there were inserted—
8
A court may not refuse or revoke bail for a person (P) at a preliminary hearing if—
a
any person takes part in the hearing — other than for the purpose of giving evidence — through a live audio link, and
b
P objects to the refusal or revocation.
9
If any person takes part in a preliminary hearing— other than for the purpose of giving evidence — through a live audio link, the court may not—
a
accept a guilty plea, or
b
deal with a person for contempt of court (including enquiring into conduct and imposing punishment).
6
Sections 57C and 57D were omitted.
Use of live link in sentencing hearings
4
1
Section 57E has effect as if amended as follows.
2
For subsections (1) to (3) there were substituted—
1
The court may, by a direction (a “live link direction”), require or permit a person to take part in a sentencing hearing through—
a
a live audio link, or
b
a live video link.
2
But the court may not give a direction for a person to take part in a sentencing hearing through a live audio link or a live video link unless—
a
the court is satisfied that it is in the interests of justice for the person concerned to take part in the sentencing hearing in accordance with the direction through the live audio link or through the live video link,
b
the parties to the sentencing hearing have been given the opportunity to make representations, and
c
the relevant youth offending team has been given the opportunity to make representations, if it is a case where—
i
the offender has not attained the age of 18 years, or
ii
the offender has attained the age of 18 years since proceedings for the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age.
3
In subsection (4), for “Such a direction” there were substituted “
A live link direction under this section
”
.
4
After subsection (4) there were inserted—
4A
The power to give a live link direction under this section includes power to give—
a
a direction for a judge or justice to take part in a sentencing hearing through a live audio link or a live video link;
b
a direction that is applicable to several, or all, of the persons participating in a particular sentencing hearing;
c
a direction that is applicable to a particular person in respect of only some aspects of a particular sentencing hearing (such as giving evidence or attending the hearing when not giving evidence);
d
a direction for a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in a sentencing hearing through a live audio link or a live video link.
4B
The power of the court to give a direction under this section is subject to Schedule 3A (prohibitions and limitations on use of live links).
4C
The court may vary a live link direction under this section; and the provisions of this section and Schedule 3A that apply to the giving of such a direction also apply to the variation of such a direction.
5
Subsection (5) were omitted.
6
In subsection (6)—
a
“if it appears to the court to be in the interests of justice to do so” were omitted;
b
for “offender” there were substituted “
hearing
”
;
c
the second sentence were omitted.
7
After subsection (6) there were inserted—
6A
A live link direction under this section may not be rescinded unless—
a
the court is satisfied that it is in the interests of justice for the direction to be rescinded,
b
the parties to the sentencing hearing have been given the opportunity to make representations, and
c
the relevant youth offending team has been given the opportunity to make representations, if it is a case where—
i
the offender has not attained the age of 18 years, or
ii
the offender has attained the age of 18 years since proceedings for the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age.
6B
A live link direction under this section may be varied or rescinded by the court of its own motion or on an application by a party; but such an application may not be made unless there has been a material change of circumstances since the direction was given.
6C
If a hearing takes place in relation to the giving or rescinding of a live link direction under this section, the court may require or permit a person to take part in that hearing through—
a
a live audio link, or
b
a live video link.
6D
In deciding whether to give or rescind a direction under this section the court must consider all the circumstances of the case.
6E
Those circumstances include in particular—
a
in the case of a direction relating to a witness—
i
the importance of the witness's evidence to the hearing;
ii
whether a direction might tend to inhibit any party from effectively testing the witness's evidence;
b
in the case of a direction relating to any participant in the hearing—
i
the availability of the person;
ii
the need for the person to attend in person;
iii
the views of the person;
iv
the suitability of the facilities at the place where the person would take part in the hearing in accordance with the direction;
v
whether the person will be able to take part in the hearing effectively if he or she takes part in accordance with the direction.
8
Subsection (7) were omitted.
9
After subsection (8) there were inserted—
9
The following functions of a magistrates' court under this section may be discharged by a single justice—
a
giving a live link direction under this section;
b
rescinding a live link direction before a sentencing hearing begins; and
c
requiring or permitting a person to attend by live link a hearing about a matter within paragraph (a) or (b).
Use of live link in certain enforcement hearings
5
1
Section 57F has effect as if amended as follows.
2
In the heading, “certain” were omitted.
3
For subsections (1) to (3) there were substituted—
1
The court may, by a direction (a “live link direction”), require or permit a person to take part in an enforcement hearing through—
a
a live audio link, or
b
a live video link.
2
But the court may not give a direction for a person to take part in an enforcement hearing through a live audio link or a live video link unless—
a
the court is satisfied that it is in the interests of justice for the person concerned to take part in the enforcement hearing in accordance with the direction through the live audio link or through the live video link,
b
the parties to the enforcement hearing have been given the opportunity to make representations, and
c
the relevant youth offending team has been given the opportunity to make representations, if it is a case where the person liable to pay the sum or financial penalty has not attained the age of 18 years and is a party to the hearing.
4
In subsection (4) for “Such a direction” there were substituted “
A live link direction under this section
”
.
5
After subsection (4) there were inserted—
4A
The power to give a live link direction under this section includes power to give—
a
a direction for a judge or justice to take part in an enforcement hearing through a live audio link or a live video link;
b
a direction that is applicable to several, or all, of the persons participating in a particular enforcement hearing;
c
a direction that is applicable to a particular person in respect of only some aspects of a particular enforcement hearing (such as giving evidence or attending the hearing when not giving evidence);
d
a direction for a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in an enforcement hearing through a live audio link or a live video link.
4B
The power of the court to give a direction under this section is subject to Schedule 3A (prohibitions and limitations on use of live links).
4C
The court may vary a live link direction under this section; and the provisions of this section and Schedule 3A that apply to the giving of such a direction also apply to the variation of such a direction.
6
In subsection (5), after “relates” there were inserted “(but this does not affect the court‘s power to give a further live link direction in relation to the hearing)”.
7
For subsection (6) there were substituted—
6
A live link direction under this section may not be rescinded unless—
a
the court is satisfied that it is in the interests of justice for the direction to be rescinded,
b
the parties to the enforcement hearing have been given the opportunity to make representations, and
c
the relevant youth offending team has been given the opportunity to make representations, if it is a case where the person liable to pay the sum or financial penalty has not attained the age of 18 years and is a party to the hearing.
6A
A live link direction under this section may be varied or rescinded by the court of its own motion or on an application by a party; but such an application may not be made unless there has been a material change of circumstances since the direction was given.
8
For subsection (7) there were substituted—
7
If a hearing takes place in relation to the giving or rescinding of a live link direction under this section, the court may require or permit a person to take part in that hearing through—
a
a live audio link, or
b
a live video link.
7A
In deciding whether to give or rescind a direction under this section the court must consider all the circumstances of the case.
7B
Those circumstances include in particular—
a
in the case of a direction relating to a witness—
i
the importance of the witness's evidence to the hearing;
ii
whether a direction might tend to inhibit any party from effectively testing the witness's evidence;
b
in the case of a direction relating to any participant in the hearing—
i
the availability of the person;
ii
the need for the person to attend in person;
iii
the views of the person;
iv
the suitability of the facilities at the place where the person would take part in the hearing in accordance with the direction;
v
whether the person will be able to take part in the hearing effectively if he or she takes part in accordance with the direction.
9
Subsection (8) were omitted.
10
In subsection (10)(b) for “a preliminary” there were substituted “
an enforcement
”
.
11
After subsection (10) there were inserted—
11
If any person takes part in an enforcement hearing— other than for the purpose of giving evidence — through a live audio link, the court may not—
a
impose imprisonment or detention in default of payment of a sum or financial penalty, or
b
deal with a person for contempt of court (including enquiring into conduct and imposing punishment).
Requirement to attend at court, holding proceedings in court etc
6
After section 57F there were inserted—
57GRequirement to attend court, perjury
1
A person who takes part in a hearing in accordance with a direction under section 57B, 57E or 57F is to be treated as complying with any requirement (however imposed or expressed) for that person to attend or appear before court, or surrender to the custody of the court, for the purposes of that participation in that hearing.
2
A person who takes part in a hearing in accordance with a direction under section 57B, 57E or 57F is to be treated as present in court for the purposes of that hearing.
3
A hearing that is conducted in accordance with directions under section 57B, 57E or 57F—
a
wholly as an audio hearing, or
b
wholly as a video hearing,
is to be regarded as taking place at the location where the member or members of the court take part in the hearing.
4
A statement made on oath by a witness outside the United Kingdom and given in evidence through a live audio link or a live video link in accordance with a direction under this Part is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.
Prohibitions and limitations on use of live links
7
After Schedule 3 there were inserted—
SCHEDULE 3AProhibitions and limitations on use of live links
PART 1Directions under section 57B — preliminary hearings
Introduction
1
This Part of this Schedule applies to the conduct of preliminary hearings in accordance with live link directions under section 57B.
Use of audio links
2
1
The accused may not take part in a preliminary hearing through a live audio link for the purpose of giving evidence.
2
A person (other than the accused) may not take part in a preliminary hearing through a live audio link for the purpose of giving evidence unless—
a
there are no suitable arrangements by means of which that person could give evidence through a live video link, and
b
the parties agree to that person giving evidence through a live audio link.
3
This paragraph does not apply to a preliminary hearing if the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment) at the hearing (but see paragraph 4).
Disputed bail hearings
3
1
This paragraph applies to a preliminary hearing at which the court is deciding whether to grant or continue bail if the making of the decision is disputed (including where the court is minded to refuse or revoke bail of its own motion).
2
The accused may not take part in the hearing through a live audio link.
3
A person (other than the accused) may not take part in the hearing through a live audio link unless—
a
that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
b
there are no suitable arrangements by means of which that person could give evidence through a live video link, and
c
the parties agree to that person giving evidence through a live audio link.
Contempt of court
4
1
This paragraph applies to a preliminary hearing at which the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment).
2
The accused may not take part in the hearing through a live audio link.
3
A person (other than the accused) may not take part in the hearing through a live audio link unless—
a
that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
b
there are no suitable arrangements by means of which that person could give evidence through a live video link, and
c
the parties agree to that person giving evidence through a live audio link.
4
References in this paragraph to the accused include references to the person whom the court is minded to deal with for contempt of court.
Unfitness to plead
5
1
This paragraph applies to a hearing under section 4 of the Criminal Procedure (Insanity) Act 1964.
2
The hearing may not be conducted wholly as a video hearing.
3
The accused may not take part in the hearing through a live audio link.
4
A person (other than the accused) may not take part in the hearing through a live audio link unless—
a
that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
b
there are no suitable arrangements by means of which that person could give evidence through a live video link, and
c
the parties agree to that person giving evidence through a live audio link.
Acceptance of a guilty plea
6
1
This paragraph applies to a preliminary hearing at which the accused is expected to plead guilty.
2
The accused may not take part in the hearing through a live audio link.
3
A person (other than the accused) may not take part in the hearing through a live audio link unless—
a
that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
b
there are no suitable arrangements by means of which that person could give evidence through a live video link, and
c
the parties agree to that person giving evidence through a live audio link.
Other limitations to apply also
7
The limitations imposed under this Part of this Schedule are in addition to any others (such as those in section 57B(3)) which apply to the exercise of the power to give a direction under section 57B(2).
PART 2Directions under section 57E — sentencing hearings
Introduction
8
This Part of this Schedule applies to the conduct of sentencing hearings in accordance with live link directions under section 57E.
Use of live audio links
9
1
The offender may not take part in a sentencing hearing through a live audio link.
2
A person (other than the offender) may not take part in a sentencing hearing through a live audio link unless—
a
that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
b
there are no suitable arrangements by means of which that person could give evidence through a live video link, and
c
the parties agree to that person giving evidence through a live audio link.
Other limitations to apply also
10
The limitations imposed under this Part of this Schedule are in addition to any others (such as those in section 57E(2)) which apply to the exercise of the power to give a direction under section 57E(1).
PART 3Directions under section 57F — enforcement hearings
Introduction
11
This Part of this Schedule applies to the conduct of enforcement hearings in accordance with live link directions under section 57F.
Use of live audio links
12
1
The person liable to pay the relevant sum may not take part in an enforcement hearing through a live audio link for the purpose of giving evidence.
2
A person (other than the person liable to pay the relevant sum) may not take part in an enforcement hearing through a live audio link for the purpose of giving evidence unless—
a
there are no suitable arrangements by means of which that person could give evidence through a live video link, and
b
the parties to the hearing agree to that person giving evidence through a live audio link.
3
In this paragraph “relevant sum” means the sum or financial penalty whose collection, discharge, satisfaction or enforcement the enforcement hearing is concerned with.
4
This paragraph does not apply to an enforcement hearing if the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment) at the hearing (but see paragraph 14).
Hearing where court minded to impose imprisonment or detention
13
1
This paragraph applies to an enforcement hearing if the court is minded to impose imprisonment or detention on a person (the “defaulter”) in default of payment of a sum or financial penalty at the hearing.
2
The defaulter may not take part in the hearing through a live audio link.
3
A person (other than the defaulter) may not take part in the hearing through a live audio link unless—
a
that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
b
there are no suitable arrangements by means of which that person could give evidence through a live video link, and
c
the parties to the hearing agree to that person giving evidence through a live audio link.
Contempt of court
14
1
This paragraph applies to an enforcement hearing at which the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment).
2
The person liable to pay the relevant sum may not take part in the hearing through a live audio link.
3
A person (other than the person liable to pay the relevant sum) may not take part in the hearing through a live audio link unless—
a
that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
b
there are no suitable arrangements by means of which that person could give evidence through a live video link, and
c
the parties to the hearing agree to that person giving evidence through a live audio link.
4
In this paragraph—
a
“relevant sum” means the sum or financial penalty whose collection, discharge, satisfaction or enforcement the enforcement hearing is concerned with;
b
references in this paragraph to the person liable to pay the relevant sum include references to the person whom the court is minded to deal with for contempt of court.
Other limitations to apply also
15
The limitations imposed under this Part of this Schedule are in addition to any others (such as those in section 57F(2)) which apply to the exercise of the power to give a direction under section 57F.
C20F43PART 2Expansion of powers under the Extradition Act 2003
Sch. 24 Pt. 2 expires (S.N.I.) (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
Sch. 24 Pt. 2 continued (E.W.) until 25.9.2022 (24.3.2022) by The Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (S.I. 2022/362), regs. 1(2), 2
8
The Extradition Act 2003 has effect as if amended in accordance with this Part of this Schedule.
9
1
Section 206A has effect as if amended as follows.
2
In the heading, “certain” were omitted.
3
In subsection (1)—
a
in paragraph (a), the words from “other” to “56,” were omitted, and
b
in paragraph (b), the words from “, other” to the end were omitted.
4
In subsection (2)—
a
for the words from “the person” to “during the hearing,” there were substituted “
it is in the interests of justice to do so,
”, and
b
“at any time before the hearing” were omitted.
5
For subsection (3) there were substituted—
3
A live link direction is a direction requiring a person to take part in the hearing through a live link.
3A
The power to give a live link direction under this section includes the power to give a direction to all or any of the following persons to take part in the hearing through a live link—
a
the appropriate judge,
b
the person affected by the extradition claim,
c
any other party,
d
the prosecutor or any other legal representative acting in the hearing,
e
any witnesses in the hearing, and
f
any interpreter or other person appointed by the court to assist in the hearing.
6
Subsection (5) were omitted.
7
For subsection (6) there were substituted—
6
A person who takes part in the hearing through a live link is to be treated as present in court for the purposes of the hearing.
10
1
Section 206C has effect as if amended as follows.
2
Subsection (5) were omitted.
3
In subsection (6)—
a
in the opening words, for “, while absent from the place where the hearing is being held,” there were substituted “
(P)
”,
b
in paragraph (a), for the words from “the appropriate” to the end there were substituted “
all other persons taking part in the hearing who are not in the same location as P, and
”, and
c
in paragraph (b), for the words from “the judge” to the end there were substituted “
all other persons taking part in the hearing who are not in the same location as P,
”.
C21PART 3Other modifications
Sch. 24 Pt. 3 continued until 25.9.2022 (24.3.2022) by The Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (S.I. 2022/362), regs. 1(2), 2
Police and Criminal Evidence Act 1984
11
1
The Police and Criminal Evidence Act 1984 has effect as if amended as follows.
2
In section 46ZA (persons granted live link bail), in subsection (3)(b), for “section 57C” there were substituted “
section 57B
”
.
3
In section 46A (power of arrest for failure to answer to police bail), in subsection (1ZA)(b), for “section 57C” there were substituted “
section 57B
”
.
4
In section 47 (bail after arrest), in subsection (3)(b)(i)—
a
for “section 57C” there were substituted “
section 57B
”
;
b
“where accused is at police station” were omitted.
Prosecution of Offences Act 1985
12
Section 22(11A) of the Prosecution of Offences Act 1985 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings), has effect as if “or fitness to plead” were omitted.
Serious Organised Crime and Police Act 2005
13
The Serious Organised Crime and Police Act 2005 has effect as if section 75A were omitted.
F9Sentencing Code
Sch. 24 para. 14 inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 302 (with Sch. 27); S.I. 2020/1236, reg. 2
14
The Sentencing Code has effect as if section 391 were omitted.
C22SCHEDULE 25Public participation in proceedings conducted by video or audio
Sch. 25 continued until 25.9.2022 (24.3.2022) by The Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (S.I. 2022/362), regs. 1(2), 2
Criminal, civil and family proceedings
1
The Courts Act 2003 has effect as if after section 85 there were inserted—
Use of live video or audio links: public participation & offences of recording etc
85AEnabling the public to see and hear proceedings
1
If the court directs that proceedings are to be conducted wholly as video proceedings, the court—
a
may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to see and hear the proceedings;
b
may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court to keep an audio-visual record of the proceedings.
2
If the court directs that proceedings are to be conducted wholly as audio proceedings, the court—
a
may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to hear the proceedings;
b
may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court to keep an audio record of the proceedings.
3
A direction under this section may relate to the whole, or to part, of the proceedings concerned.
85BOffences of recording or transmission in relation to broadcasting
1
It is an offence for a person to make, or attempt to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image or sound which is being broadcast in accordance with a direction under section 85A.
2
It is an offence for a person to make, or attempt to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image of, or sound made by, another person while the other person is viewing or listening to a broadcast made in accordance with a direction under section 85A.
3
It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the actual or attempted recording or transmission of the image or sound concerned—
a
he or she was not in designated live-streaming premises, and
b
he or she did not know, and could not reasonably have known, that the image or sound was—
i
being broadcast in accordance with a direction under section 85A (in the case of an offence under subsection (1)), or
ii
an image of, or sound made by, another person while viewing or listening to a broadcast made in accordance with a direction under section 85A (in the case of an offence under subsection (2)).
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
6
For the purposes of this section a recording or transmission is “unauthorised” unless it is—
a
authorised by a direction under section 85A,
b
otherwise authorised (generally or specifically) by the court in which the proceedings concerned are being conducted, or
c
authorised (generally or specifically) by the Lord Chancellor.
85COffences of recording or transmitting participation through live link
1
It is an offence for a person to make, or attempt to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image or sound which is being transmitted through a live video link or transmitted through a live audio link.
2
It is an offence for a person (P) to make, or attempt to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image of, or sound made by, any person (whether P or another person) while that person is participating in court proceedings through a live video link or a live audio link.
3
It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the actual or attempted recording or transmission, he or she did not know, and could not reasonably have known, that the image or sound concerned—
a
was being transmitted through a live video link or through a live audio link (in the case of an offence under subsection (1)), or
b
was an image of, or sound made by, a person while that person was participating in court proceedings through a live video link or a live audio link (in the case of an offence under subsection (2)).
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
6
For the purposes of this section a recording or transmission is “unauthorised” unless it is—
a
authorised (generally or specifically) by the court in which the proceedings concerned are being conducted, or
b
authorised (generally or specifically) by the Lord Chancellor.
85DInterpretation
1
This section applies for the purposes of sections 85A to 85C (and this section).
2
The following expressions have the meanings given—
“court” means—
- a
the Court of Appeal;
- b
the High Court;
- c
the Crown Court;
- d
the county court;
- e
the family court;
- f
a magistrates' court;
“court proceedings” means any proceedings in any court;
“designated live-streaming premises” means premises that are designated by the Lord Chancellor for the purposes of this section as premises provided by the Lord Chancellor for the purpose of enabling members of the public to see and hear, or hear, proceedings that are broadcast in accordance with directions under section 85A;
“recording” means a recording on any medium—
- a
of a single image, a moving image or any sound, or
- b
from which a single image, a moving image or any sound may be produced or reproduced;
“transmission” means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).
3
A “live video link”, in relation to a person (P) taking part in proceedings, is a live television link or other arrangement which—
a
enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and
b
enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.
4
Proceedings are conducted wholly as video proceedings if—
a
directions have been given, whether under section 51 of the Criminal Justice Act 2003 or any other power, for all of the persons taking part in the proceedings to do so through a live video link, and
b
all of those persons take part in the proceedings in accordance with those directions.
5
A “live audio link”, in relation to a person (P) taking part in proceedings, is a live telephone link or other arrangement which—
a
enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and
b
enables all other persons taking part in the proceedings who are not in the same location as P to hear P.
6
Proceedings are conducted wholly as audio proceedings if—
a
directions have been given under section 51 of the Criminal Justice Act 2003 for all of the persons taking part in the proceedings to do so through a live audio link, and
b
all of those persons take part in the proceedings in accordance with those directions.
7
An image or sound is transmitted—
a
through a live video link if it is transmitted as part of a person's participation in court proceedings through a live video link;
b
through a live audio link if it is transmitted as part of a person's participation in court proceedings through a live audio link.
First-tier Tribunal and Upper Tribunal
F442
The Tribunals, Courts and Enforcement Act 2007 has effect as if after section 29 there were inserted—
Use of live video or audio links: public participation & offences of recording etc
29ZAEnabling the public to see and hear proceedings
1
If the First-tier Tribunal or Upper Tribunal directs that tribunal proceedings are to be conducted wholly as video proceedings, that Tribunal—
a
may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to see and hear the proceedings;
b
may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling that Tribunal to keep an audio-visual record of the proceedings.
2
If the First-tier Tribunal or Upper Tribunal directs that tribunal proceedings are to be conducted wholly as audio proceedings, that Tribunal—
a
may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to hear the proceedings;
b
may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling that Tribunal to keep an audio record of the proceedings.
3
A direction under this section may relate to the whole, or to part, of the proceedings concerned.
29ZBOffences of recording or transmission in relation to broadcasting
1
It is an offence for a person to make, or attempt to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image or sound which is being broadcast in accordance with a direction under section 29ZA.
2
It is an offence for a person to make, or attempt to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image of, or sound made by, another person while the other person is viewing or listening to a broadcast made in accordance with a direction under section 29ZA.
3
It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the actual or attempted recording or transmission of the image or sound concerned—
a
he or she was not in designated live-streaming premises, and
b
he or she did not know, and could not reasonably have known, that the image or sound was—
i
being broadcast in accordance with a direction under section 29ZA (in the case of an offence under subsection (1)), or
ii
an image of, or sound made by, another person while the other person was viewing or listening to a broadcast made in accordance with a direction under section 29ZA (in the case of an offence under subsection (2)).
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
6
For the purposes of this section a recording or transmission is “unauthorised” unless it is—
a
authorised by a direction under section 29ZA,
b
otherwise authorised (generally or specifically) by the Tribunal in which the proceedings concerned are being conducted, or
c
authorised (generally or specifically) by the Lord Chancellor.
29ZCOffences of recording or transmitting participation through live link
1
It is an offence for a person to make, or attempt to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image or sound which is being transmitted through a live video link or transmitted through a live audio link.
2
It is an offence for a person (P) to make, or attempt to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image of, or sound made by, any person (whether P or another person) while that person is participating in tribunal proceedings through a live video link or a live audio link.
3
It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the actual or attempted recording or transmission, he or she did not know, and could not reasonably have known, that the image or sound concerned—
a
was being transmitted through a live video link or through a live audio link (in the case of an offence under subsection (1)), or
b
was an image of, or sound made by, a person while that person was participating in tribunal proceedings through a live video link or a live audio link (in the case of an offence under subsection (2)).
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
6
For the purposes of this section a recording or transmission is “unauthorised” unless it is—
a
authorised (generally or specifically) by the Tribunal in which the proceedings concerned are being conducted, or
b
authorised (generally or specifically) by the Lord Chancellor.
29ZDInterpretation
1
This section applies for the purposes of sections 29ZA to 29ZC (and this section).
2
The following expressions have the meanings given—
“tribunal proceedings” means any proceedings in the First-tier Tribunal or Upper Tribunal;
“designated live-streaming premises” means premises that are designated by the Lord Chancellor for the purposes of this section as premises provided by the Lord Chancellor for the purpose of enabling members of the public to see and hear, or hear, proceedings that are broadcast in accordance with directions under section 29ZA;
“recording” means a recording on any medium—
- a
of a single image, a moving image or any sound, or- b
from which a single image, a moving image or any sound may be produced or reproduced;
“transmission” means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).
3
A “live video link”, in relation to a person (P) taking part in proceedings, is a live television link or other arrangement which—
a
enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and
b
enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.
4
Proceedings are conducted wholly as video proceedings if—
a
directions have been given for all of the persons taking part in the proceedings to do so through a live video link, and
b
all of those persons take part in the proceedings in accordance with those directions.
5
A “live audio link”, in relation to a person (P) taking part in proceedings, is a live telephone link or other arrangement which—
a
enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and
b
enables all other persons taking part in the proceedings who are not in the same location as P to hear P.
6
Proceedings are conducted wholly as audio proceedings if—
a
directions have been given for all of the persons taking part in the proceedings to do so through a live audio link, and
b
all of those persons take part in the proceedings in accordance with those directions.
7
An image or sound is transmitted—
a
through a live video link if it is transmitted as part of a person's participation in tribunal proceedings through a live video link;
b
through a live audio link if it is transmitted as part of a person's participation in tribunal proceedings through a live audio link.
F21SCHEDULE 26Live links in certain magistrates' court proceedings
Sch. 26 expires (9.12.2021) by The Coronavirus Act 2020 (Early Expiry) (No. 2) Regulations 2021 (S.I. 2021/1399), regs. 1(2), 4
F21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 27Use of live links in legal proceedings: Northern Ireland
C1PART 1Powers of courts and tribunals to direct use of live links
Sch. 27 Pt. 1 continued until 24.9.2022 (27.1.2022) by The Coronavirus Act 2020 (Extension of Provisions Related to Courts, Tribunals and Inquests) Order (Northern Ireland) 2022 (S.R. 2022/24), arts. 1, 3
Proceedings to which this Part of this Schedule applies
1
1
This Part of this Schedule applies to any proceedings in a court or statutory tribunal.
2
In this Part of this Schedule “court” means—
a
the Court of Appeal,
b
the High Court,
c
the Crown Court,
d
a county court, or
e
a magistrates' court.
3
In this Part of this Schedule “statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include—
a
a court, or
b
any tribunal established by or under a statutory provision that could not have been included in an Act of the Northern Ireland Assembly made without the Secretary of State's consent.
4
In this paragraph “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
Power to give direction for participation by live link
2
1
A person may, if a court or statutory tribunal so directs, participate in any proceedings in the court or tribunal through a live link.
2
A direction may not be given under this paragraph as respects a person's participation in proceedings as a member of a jury.
3
A direction may be given under this paragraph in respect of a person—
a
of the court or tribunal's own motion,
b
on application by the person, or
c
on application by a party to the proceedings.
4
A court or tribunal may not give a direction under this paragraph unless the court or tribunal is satisfied that it is in the interests of justice to do so.
5
In deciding whether to give a direction under this paragraph, the court or tribunal must consider all the circumstances of the case.
6
Those circumstances include (in particular)—
a
the views of the person;
b
the views of the parties to the proceedings;
c
public health interests.
7
Where a court or tribunal refuses an application for a direction under this paragraph, it must—
a
state openly its reasons for doing so, and
b
if it is a magistrates' court, cause the reasons to be entered in the Order Book.
8
Power of a court or tribunal to give a direction under this paragraph is additional to, and does not limit, any other power of the court or tribunal.
Effect, and rescission, of directions
3
1
Where in any proceedings a court or tribunal—
a
has given a direction under paragraph 2 in respect of a person, and
b
has not rescinded the direction,
the person may not participate in the proceedings otherwise than through a live link.
2
A court or tribunal may rescind a direction under paragraph 2 if it appears to the court or tribunal to be in the interests of justice to do so.
3
Where it does so, the person concerned ceases to be able to participate in the proceedings through a live link, but this does not prevent a further direction under paragraph 2 being given in the proceedings in respect of the person.
4
A direction under paragraph 2 in respect of a person may be rescinded—
a
of the court or tribunal's own motion,
b
on application by the person, or
c
on application by a party to the proceedings.
5
An application may not be made under sub-paragraph (4)(b) or (c) unless there has been a material change of circumstances since the direction was given.
6
Where a court or tribunal rescinds a direction under paragraph 2, or refuses an application to rescind such a direction, it must—
a
state openly its reasons for rescinding the direction or refusing the application, and
b
if it is a magistrates' court, cause the reasons to be entered in the Order Book.
Meaning of references to participation in proceedings
4
A reference in this Part of this Schedule to participating in any proceedings includes (in particular) participation—
a
as a party to the proceedings,
b
as a witness,
c
as a judge or other member of the court or tribunal,
d
as a member of a jury,
e
as a legal representative acting in the proceedings,
f
as an interpreter or other person appointed by the court or tribunal to assist in the proceedings,
g
as the clerk to the court or tribunal, or
h
as a representative of the press.
Participation by persons outside the United Kingdom
5
1
A direction under paragraph 2 may be given in respect of a person whether the person is in the United Kingdom or elsewhere.
2
A statement made on oath by a person outside the United Kingdom and given in evidence through a live link in accordance with a direction under paragraph 2 is to be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) as having been made in the proceedings in which it is given in evidence.
Meaning of “live link”
6
1
In this Part of this Schedule “live link” means a live video link or a live audio link.
2
A “live video link”, in relation to a person (“P”) participating in proceedings, is a live television link or other arrangement which—
a
enables P to see and hear all other persons participating in the proceedings who are not in the same location as P, and
b
enables all other persons participating in the proceedings who are not in the same location as P to see and hear P.
3
A “live audio link”, in relation to a person (“P”) participating in proceedings, is a live telephone link or other arrangement which—
a
enables P to hear all other persons participating in the proceedings who are not in the same location as P, and
b
enables all other persons participating in the proceedings who are not in the same location as P to hear P.
4
The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of sub-paragraphs (2) and (3).
Interpretation of this Part of this Schedule: general
7
The Interpretation Act (Northern Ireland) 1954 applies for the purposes of the preceding provisions of this Part of this Schedule as if those provisions were contained in an Act of the Northern Ireland Assembly.
C2PART 2Public participation in proceedings where live links used
Sch. 27 Pt. 2 continued until 24.9.2022 (27.1.2022) by The Coronavirus Act 2020 (Extension of Provisions Related to Courts, Tribunals and Inquests) Order (Northern Ireland) 2022 (S.R. 2022/24), arts. 1, 3
8
The Judicature (Northern Ireland) Act 1978 has effect as if after section 102 there were inserted—
PART 9AUse of live links in court or tribunal proceedings: public participation & offences of recording etc
102AEnabling the public to see and hear proceedings
1
If proceedings in a court or statutory tribunal are to be conducted wholly as video proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—
a
may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to see and hear the proceedings;
b
may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court or tribunal to keep an audio-visual record of the proceedings.
2
If proceedings in a court or statutory tribunal are to be conducted wholly as audio proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—
a
may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to hear the proceedings;
b
may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court or tribunal to keep an audio record of the proceedings.
3
A direction under this section may relate to the whole, or to part, of the proceedings concerned.
102BOffences of recording or transmission in relation to broadcasting
1
It is an offence for a person to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image or sound which is being broadcast in accordance with a direction under section 102A.
2
It is an offence for a person to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image of, or sound made by, another person while the other person is viewing or listening to a broadcast made in accordance with a direction under section 102A.
3
It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the recording or transmission of the image or sound concerned, the person—
a
was not in designated live-streaming premises, and
b
did not know, and could not reasonably have known, that the image or sound was—
i
being broadcast in accordance with a direction under section 102A (in the case of an offence under subsection (1)), or
ii
an image of, or sound made by, another person while viewing or listening to a broadcast made in accordance with a direction under section 102A (in the case of an offence under subsection (2)).
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
For the purposes of this section it does not matter whether a person making a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
6
For the purposes of this section, a recording or transmission is “unauthorised” unless it is—
a
authorised by a direction under section 102A,
b
otherwise authorised (generally or specifically) by the court or tribunal in which the proceedings concerned are conducted, or
c
authorised (generally or specifically) by the Department.
102COffences of recording or transmitting participation through live link
1
It is an offence for a person to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image or sound which is being transmitted through a live video link or transmitted through a live audio link.
2
It is an offence for a person (“P”) to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image of, or sound made by, any person (whether P or another person) while that person is participating in court or tribunal proceedings through a live video link or live audio link.
3
It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the recording or transmission, the person did not know, and could not reasonably have known, that the image or sound concerned—
a
was being transmitted through a live video link or through a live audio link (in the case of an offence under subsection (1)), or
b
was an image of, or sound made by, a person while that person was participating in court or tribunal proceedings through a live video link or live audio link (in the case of an offence under subsection (2)).
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
For the purposes of this section it does not matter whether a person making a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
6
For the purposes of this section, a recording or transmission is “unauthorised” unless it is—
a
authorised (generally or specifically) by the court or tribunal in which the proceedings are conducted, or
b
authorised (generally or specifically) by the Department.
102DInterpretation of Part 9A
1
This section applies for the purposes of this Part.
2
The following expressions have the meanings given—
“court” means—
- a
the Court of Appeal,
- b
the High Court,
- c
the Crown Court,
- d
a county court, or
- e
a magistrates' court;
“court or tribunal proceedings” means any proceedings in any court or statutory tribunal;
“the Department”—
- a
in relation to a court, means the Department of Justice, and
- b
in relation to a statutory tribunal, means a Northern Ireland department;
“designated live-streaming premises” means premises that are designated by the Department for the purposes of this section as premises provided by the Department for the purpose of enabling members of the public to see and hear, or hear, proceedings that are broadcast in accordance with directions under section 102A;
“recording” means a recording on any medium—
- a
of a single image, a moving image or any sound, or
- b
from which a single image, a moving image or any sound may be produced or reproduced;
“statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include—
- a
a court, or
- b
any tribunal established by or under a statutory provision that could not have been included in an Act of the Northern Ireland Assembly made without the Secretary of State's consent;
“transmission” means any transmission by electronic means of a single image, a moving image or any sound.
3
A “live video link”, in relation to a person (“P”) taking part in proceedings, is a live television link or other arrangement which—
a
enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and
b
enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.
4
Proceedings are conducted wholly as video proceedings if—
a
directions have been given, whether under paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live video link, and
b
all those persons take part in the proceedings in accordance with those directions.
5
A “live audio link”, in relation to a person (“P”) taking part in proceedings, is a live telephone link or other arrangement which—
a
enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and
b
enables all other persons taking part in the proceedings who are not in the same location as P to hear P.
6
Proceedings are conducted wholly as audio proceedings if—
a
directions have been given, whether under paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live audio link, and
b
all those persons take part in the proceedings in accordance with those directions.
7
An image or sound—
a
is transmitted through a live video link if it is transmitted as part of a person's participation in court or tribunal proceedings through a live video link;
b
is transmitted through a live audio link if it is transmitted as part of a person's participation in court or tribunal proceedings through a live audio link.
8
The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of subsections (3) and (5).
F40PART 3Availability of live links in certain magistrates' court proceedings in Northern Ireland
Sch. 27 Pt. 3 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F409
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41SCHEDULE 28Transportation, storage and disposal of dead bodies etc
Sch. 28 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F41PART 1Information about capacity
F411
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F412
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F413
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F41PART 2Directions and other measures to address lack of capacity
F41Designation where there is insufficient capacity to deal with dead bodies etc
F414
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F41Directions to do things calculated to facilitate dealing with dead bodies etc
F415
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F41Power of ministers etc to step in
F416
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F41Appropriate national authority directions to prevail
F417
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F41Compensation where directions given
F418
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F41Guidance
F419
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F41General provisions about directions and schemes
F4110
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F41Procedure
F4111
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F41PART 3Power to direct local authorities etc
F4112
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F41PART 4Deceased's wishes etc
F4113
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F41PART 5Interpretation
F4114
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F42SCHEDULE 29Residential tenancies in England and Wales: protection from eviction
Sch. 29 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
F42Interpretation
F421
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F42Rent Act 1977: protected tenancies and statutory tenancies
F422
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F42Secure tenancies
F423
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F424
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F42Flexible tenancies
F425
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F42Assured tenancies
F426
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F42Assured shorthold tenancies
F427
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F42Introductory tenancies
F428
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F42Demoted tenancies
F429
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F42Consequential modifications in relation to prescribed forms
F4210
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F4211
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F4212
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F42Power to alter three month notice periods
F4213
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F42Regulations under this Schedule
F4214
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Sch. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)