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

Part 1 of this Schedule: general interpretation E+W

12.—(1) This paragraph applies for the purposes of this Part of this Schedule.

(2) A gathering takes place when two or more persons are present together in the same place in order—

(a) to engage in any form of social interaction with each other, or

(b) to undertake any other activity with each other.

(3) A gathering takes place in the Tier 3 area if any part of the place where it takes place is in the Tier 3 area.

(4) A place is indoors if it would be considered to be enclosed, or substantially enclosed, for the purposes of section 2 of the Health Act 2006 M1 , under the Smoke-free (Premises and Enforcement) Regulations 2006 M2 .

(5) A place is a “public outdoor place” if it is an outdoor place to which the public have, or are permitted, access (whether on payment or otherwise) and includes—

(a) land laid out as a public garden or used for the purpose of recreation by members of the public;

(b) land which is “open country” as defined in section 59(2) of the National Parks and Access to the Countryside Act 1949 M3 , as read with section 16 of the Countryside Act 1968 M4 ;

(c) land which is “access land” for the purposes of Part 1 of the Countryside and Rights of Way Act 2000 M5 (see section 1(1) of that Act) M6 ;

(d) any highway to which the public has access;

(e) Crown land to which the public has access.

(6) References to a “private dwelling”—

(a) include references to a houseboat and any garden, yard, passage, stair, outhouse or other appurtenance of the dwelling;

(b) do not, except in paragraph 9(2), include references to the following—

(i) accommodation in a hotel, hostel, campsite, caravan park, members club, boarding house or bed and breakfast accommodation;

(ii) care homes;

(iii) children's homes, within the meaning of section 1 of the Care Standards Act 2000;

(iv) Residential Family Centres, within the meaning of section 4 of that Act;

(v) educational accommodation;

(vi) accommodation intended for use by the army, navy or air force;

(vii) criminal justice accommodation.

(7) “A charitable, benevolent or philanthropic institution” means—

(a) a charity, or

(b) an institution, other than a charity, established for charitable, benevolent or philanthropic purposes.

(8) “Childcare” has the same meaning as in section 18 of the Childcare Act 2006 M7 .

(9) “Educational accommodation” means—

(a) accommodation provided for students whilst they are boarding at school, and

(b) halls of residence provided for students attending higher education courses and equivalent accommodation provided for students attending further education courses.

(10) “Elite sportsperson” means an individual who—

(a) derives a living from competing in a sport,

(b) is a senior representative nominated by a relevant sporting body,

(c) is a member of the senior training squad for a relevant sporting body, or

(d) is aged 16 or above and is on an elite development pathway.

(11) “The gathering organiser”, in relation to a gathering, means the person responsible for organising the gathering.

(12) “The manager”, in relation to a gathering, means the person responsible for the management of the premises on which the gathering takes place.

(13) “A political body” means—

(a) a political party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 M8 , or

(b) a political campaigning organisation within the meaning of regulation 2 of the Health and Social Care (Financial Assistance) Regulations 2009 M9 .

(14) For the purposes of the definition of “elite sportsperson” in sub-paragraph (11)—

(a) “elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—

(i) so that they may derive a living from competing in that sport, or

(ii) to compete in that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham;

(b) “relevant sporting body” means the national governing body of a sport which may nominate sportspersons to represent—

(i) Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii) England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

(c) “senior representative” means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(i) Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii) England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.

(15) References to a “vulnerable person” include—

(a) any person aged 70 or older;

(b) any person aged under 70 who has an underlying health condition, including (but not limited to) the conditions listed in sub-paragraph (17);

(c) any person who is pregnant.

(16) The conditions referred to in sub-paragraph (16)(b) are—

(a) chronic (long-term) respiratory diseases, such as asthma, chronic obstructive pulmonary disease, emphysema or bronchitis;

(b) chronic heart disease, such as heart failure;

(c) chronic kidney disease;

(d) chronic liver disease, such as hepatitis;

(e) chronic neurological conditions, such as Parkinson's disease, motor neurone disease, multiple sclerosis, a learning disability or cerebral palsy;

(f) diabetes;

(g) problems with the spleen, such as sickle cell disease or removal of the spleen;

(h) a weakened immune system as a result of conditions such as HIV and AIDS, or medicines such as steroid tablets or chemotherapy;

(i) being seriously overweight with a body mass index of 40 or above.

Commencement Information

I1 Sch. 1 para. 12 in force at 14.10.2020, see reg. 1(2)

Marginal Citations

M1 2006 c. 28. Section 2 was amended by paragraph 4 of Schedule 2 to the Public Health (Wales) Act 2017 (2017 anaw 2).

M2 S.I. 2006/3368, to which there are amendments which are not relevant to these Regulations.

M3 1949 c. 97.

M4 1968 c. 41. Section 16 has been amended by section 111 of the Transport Act 1968 (c. 73), Schedule 27 to the Water Act 1989 (c. 15) and S.I. 2012/1659. There are other amendments to section 16 which are not relevant to this instrument.

M5 2000 c. 37.

M6 The definition of “access land” has been amended by section 303(2) of, and Part 7 of Schedule 22 to, the Marine and Coastal Access Act 2009 (c. 23).

M7 2006 c. 21. Section 18 has been amended by the Children and Young Persons Act 2008 (c. 23), Schedule 1, paragraph 19, and Schedule 4; the Criminal Justice and Courts Act 2015 (c. 2), Schedule 9, paragraph 21, and S.I. 2010/813.

M8 2000 c. 41.

M9 S.I. 2009/649.