The Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020

Regulation 10

SCHEDULE 3 Consequential amendments and transitional and saving provisions

PART 1 Consequential amendments

Amendment of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020

1.  In Regulation 9 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020, in paragraph (9) (as substituted by the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020), after sub-paragraph (k) insert—

“(l) the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020, other than notices issued in respect of a business restriction offence as defined by regulation 6(12) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 3 of Schedule 1 to those Regulations;”.

Amendments of the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020

2.  In regulation 18 of the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020(1), in paragraph (7A)(2) after sub-paragraph (d) (as inserted by the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020) insert—

“(e) the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020, where the fixed penalty notice relates to a business restriction offence as defined by regulation 6(12) of those Regulations;”.

Amendments of the Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020

3.—(1) The Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020(3) are amended as follows.

(2) In regulation 1, in paragraph (3)—

(a) omit sub-paragraph (cb);

(b) after sub-paragraph (f) insert—

“(fa) the “Tier 2 Regulations” means the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020;”;

(c) in sub-paragraph (h) for “protected area for the purposes of the NENW Regulations” substitute “Tier 2 area for the purposes of the Tier 2 Regulations”.

(3) In regulation 1A—

(a) in paragraph (1), in the opening words, for “protected area for the purposes of the NENW Regulations” substitute “Tier 2 area for the purposes of the Tier 2 Regulations”;

(b) in paragraph (1A)—

(i) in the opening words, for “protected area for the purposes of the NENW Regulations” substitute “Tier 2 area for the purposes of the Tier 2 Regulations”;

(ii) in sub-paragraph (a)(i), for “regulation 5 of the Principal Regulations” substitute “paragraph 5 of Schedule 1 to the Tier 2 Regulations”;

(iii) in sub-paragraph (a)(ii), for “regulation 6A or 6B of the NENW Regulations” substitute “paragraph 4 of Schedule 1 to the Tier 2 Regulations”;

(iv) in sub-paragraph (b)(i), for “regulation 5 of the Principal Regulations” substitute “paragraph 5 of Schedule 1 to the Tier 2 Regulations”;

(v) in sub-paragraph (b)(ii), for “regulation 6A or 6B of the NENW Regulations” substitute “paragraph 4 of Schedule 1 to the Tier 2 Regulations”;

(vi) in sub-paragraph (c) for “NENW” substitute “Tier 2”.

(4) In regulation 4, in paragraph (8A), after sub-paragraph (d) (as inserted by the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020) insert—

“(e) the Tier 2 Regulations, where the fixed penalty notice relates to a business restriction offence as defined by regulation 6(12) of those Regulations;”.

Revocations

4.—(1) The following Regulations are revoked—

(a) the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020(4), other than regulation 2;

(b) the Health Protection (Coronavirus, Restrictions) (North of England) Regulations 2020(5);

(c) the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020(6);

(d) the Health Protection (Coronavirus, Restrictions) (North East and North West of England) Regulations 2020(7).

(2) The following Regulations are revoked in consequence of paragraph 4(1)—

(a) The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) (Amendment) Regulations 2020(8);

(b) the Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) (Amendment) (No. 2) Regulations 2020(9);

(c) the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) (Amendment) Regulations 2020(10);

(d) the Health Protection (Coronavirus, Restrictions) (North of England) (Amendment) Regulations 2020(11);

(e) the Health Protection (Coronavirus, Restrictions) (North of England) (Amendment) (No. 2) Regulations 2020(12);

(f) the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford, Leicester, and North of England) (Amendment) Regulations 2020(13);

(g) the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) (Amendment) (No. 2) Regulations 2020(14);

(h) the Health Protection (Coronavirus, Restrictions) (North East of England) (Amendment) Regulations 2020(15);

(i) the Health Protection (Coronavirus, Restrictions) (North of England and North East and North West of England etc.) (Amendment) Regulations 2020(16).

PART 2 Transitional and saving provisions

5.—(1) A designation made, or treated as made, in exercise of the powers conferred by the following provisions is to be treated as if it had been made in exercise of the powers conferred by regulations 4(9)(b), 6(3)(b), 6(16) or 7, as appropriate, of these Regulations—

(a) regulation 7(10)(b), 9(3)(b), 9(13) or 10 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020;

(b) regulation 8(9)(b), 10(3)(b), 10(13) or 11 of the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020;

(c) regulation 8(9)(c), 10(3)(b), 10(13) or 11 of the Health Protection (Coronavirus, Restrictions) (North of England) Regulations 2020;

(d) regulation 7(9)(c), 9(3), 9(14) or 10 of the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020;

(e) regulation 8(9)(b), 10(3)(b), 10(14)(a) or 11 of the Health Protection (Coronavirus, Restrictions) (North East and North West of England) Regulations 2020;

(f) regulation 4(9)(b), 6(3)(b), 6(16) or 7 of the Health Protection (Coronavirus, COVID 19-Alert Level) (Medium) (England) Regulations 2020;

(g) regulation 4(9)(b), 6(3)(b), 6(16) or 7 of the Health Protection (Coronavirus, COVID 19-Alert Level) (Very High) (England) Regulations 2020.

(2) Despite the revocation of the Regulations listed in paragraph 4(1), those Regulations continue in force as they had effect immediately before 14th October 2020 in relation to any offence committed under those Regulations before that date.

(1)

S.I. 2020/1005.

(2)

Paragraph (7A) was inserted by S.I. 2020/1046.

(3)

S.I. 2020/1008.

(4)

SI.2020/824.

(5)

S.I. 2020/828.

(6)

S.I. 2020/988.

(7)

S.I. 2020/1010.

(8)

S.I. 2020/846.

(9)

S.I. 2020/865.

(10)

S.I. 2020/875.

(11)

S.I. 2020/897.

(12)

S.I. 2020/931.

(13)

S.I. 2020/954.

(14)

S.I. 2020/987.

(15)

S.I. 2020/1012.

(16)

S.I. 2020/1074.