The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020

Exceptions in relation to gatherings E+W

11.—(1) These are the exceptions referred to in regulations 8, 9 and 10.

Exception 1: same or linked households

(2) Exception 1 is that all the people in the gathering—

(a) are members of the same household, or

(b) are members of two households which are linked households in relation to each other (see regulation 12).

Exception 2: gatherings necessary for certain purposes

(3) Exception 2 is that the gathering is reasonably necessary—

(a) for work purposes or for the provision of voluntary or charitable services;

(b) for the purposes of education or training;

(c) to provide emergency assistance;

(d) to enable one or more persons in the gathering to avoid injury or illness or to escape a risk of harm;

(e) to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 M1 ;

(f) to facilitate a house move.

Exception 3: legal obligations and proceedings

(4) Exception 3 is that the person concerned is fulfilling a legal obligation or participating in legal proceedings.

Exception 4: criminal justice accommodation

(5) Exception 4 is that the gathering takes place in criminal justice accommodation.

Exception 5: support groups

(6) Exception 5 is that—

(a) the gathering—

(i) is of a support group,

(ii) consists of no more than 15 persons, and

(iii) takes place at premises other than a private dwelling, and

(b) it is reasonably necessary for members of the group to be physically present at the gathering.

(7) In determining whether the limit in paragraph (6)(a)(ii) is complied with, no account is to be taken of any child who is below the age of five.

(8) For the purposes of paragraph (6), “support group” means a group or one to one support which is organised by a business, a charitable, benevolent or philanthropic institution or a public body to provide mutual aid, therapy or any other form of support to its members or those who attend its meetings, for example those providing support—

(a) to victims of crime (including domestic abuse);

(b) to those with, or recovering from, addictions (including alcohol, narcotics or other substance addictions) or addictive patterns of behaviour;

(c) to new parents;

(d) to those with, or caring for persons with, any long-term illness or terminal condition or who are vulnerable;

(e) to those facing issues related to their sexuality or identity including those living as lesbian, gay, bisexual or transgender;

(f) to those who have suffered bereavement;

(g) to vulnerable young people.

Exception 6: respite care

(9) Exception 6 is that the gathering is reasonably necessary for the purposes of—

(a) respite care being provided for a vulnerable person or a person with a disability, or

(b) a short break being provided in respect of a looked after child (within the meaning given in section 22 of the Children Act 1989).

Exception 7: births and visiting persons receiving treatment etc

(10) Exception 7 is that the person concerned (“P”) is—

(a) attending a person giving birth (“M”) at M's request, or

(b) visiting a person (“V”) receiving treatment in a hospital or staying in a hospice or care home, or accompanying V to a medical appointment and P is—

(i) a member of V's household,

(ii) a close family member of V, or

(iii) a friend of V.

Exception 8: marriages and civil partnerships etc

(11) Exception 8 is that—

(a) the gathering is for the purposes of—

(i) the solemnisation of a marriage in accordance with the Marriage (Registrar General's Licence) Act 1970 M2 ;

(ii) the solemnisation of a marriage by special licence under the Marriage Act 1949 M3 , where at least one of the parties to the marriage is seriously ill and not expected to recover;

(iii) the formation of a civil partnership under the special procedure provided for in Chapter 1 of Part 2 of the Civil Partnership Act 2004 M4 ;

(iv) the conversion of a civil partnership to a marriage under the special procedure provided for in regulation 9 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 M5 , or

(v) an alternative wedding ceremony, where one of the parties to the marriage is seriously ill and not expected to recover, and for these purposes, “alterative wedding ceremony” has the meaning given in regulation 6(11),

(b) the gathering consists of no more than 6 people,

(c) the gathering takes place—

(i) at a private dwelling,

(ii) at premises which are operated by a business, a charitable, benevolent or philanthropic institution or a public body,

(iii) at premises which are part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body, or

(iv) in a public outdoor place not falling within paragraph (ii) or (iii), and

(d) the gathering organiser or manager takes the required precautions in relation to the gathering (see regulation 14).

Exception 9: visiting a dying person

(12) Exception 9 is that the person concerned (“P”) is visiting a person whom P reasonably believes is dying (“D”), and P is—

(a) a member of D's household,

(b) a close family member of D, or

(c) a friend of D.

Exception 10: funerals

(13) Exception 10 is that—

(a) the gathering is for the purposes of a funeral,

(b) the gathering consists of no more than 30 persons,

(c) the gathering takes place at premises, other than a private dwelling, which—

(i) are operated by a business, a charitable, benevolent or philanthropic institution or a public body, or

(ii) are part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body, and

(d) the gathering organiser or manager takes the required precautions in relation to the gathering (see regulation 14).

Exception 11: commemorative event following a person's death

(14) Exception 11 is that—

(a) the gathering is for the purposes of a commemorative event to celebrate the life of a person who has died (for example, scattering ashes or a stone setting ceremony),

(b) the gathering consists of no more than 15 persons,

(c) the gathering takes place at premises other than a private dwelling, and

(d) the gathering organiser or manager takes the required precautions in relation to the gathering (see regulation 14).

Exception 12: elite sports

(15) Exception 12 is that—

(a) the person concerned is an elite sportsperson, the coach of an elite sportsperson or (in the case of an elite sportsperson who is a child) the parent of an elite sportsperson, and

(b) the gathering is necessary for training or competition.

Exception 13: children

(16) Exception 13 is that the gathering is reasonably necessary—

(a) for the purposes of arrangements for access to, and contact between, parents and a child where the child does not live in the same household as their parents or one of their parents;

(b) for the purposes of arrangements for contact between siblings where they do not live in the same household and one or more of them is—

(i) a child looked after by a local authority, within the meaning of section 22 of the Children Act 1989 M6 , or

(ii) a relevant child, within the meaning of section 23A M7 of that Act;

(c) for the purposes of arrangements for prospective adopters (including their household) to meet a child or children who may be placed with the prospective adopters as provided for by an adoption placement plan drawn up in accordance with the Adoption Agencies Regulations 2005 M8 (see regulation 35(2) of those Regulations);

(d) subject to paragraph (17), for the purposes of—

(i) childcare provided by a person registered under Part 3 of the Childcare Act 2006 M9 , or

(ii) supervised activities for children;

(e) for the purposes of informal childcare, for children aged 13 or under, provided by a member of a household to a member of their linked childcare household (see regulation 13).

(17) Paragraph (16)(d) only applies where the childcare is reasonably necessary to enable the parent, or the person who has parental responsibility for, or care of, the child in question, to work, to search for work or to undertake training or education.

Exception 14: Remembrance Sunday and Armistice Day

(18) Exception 14 is that—

(a) the gathering takes place—

(i) outdoors in a place which is not a private dwelling to commemorate Remembrance Sunday [F1 or Armistice Day], or

(ii) in Westminster Abbey on 11th November 2020 to commemorate Armistice Day and the centenary of the burial of the Unknown Soldier;

(b) the persons attending the gathering are limited to—

(i) persons there as part of their work,

(ii) persons providing voluntary services in connection with the event,

(iii) members of the armed forces,

(iv) veterans of the armed forces or their representatives or carers, and

(v) spectators who participate in the gathering alone or only with members of their household, linked household or their linked childcare household, and

(c) the gathering organiser or manager takes the required precautions in relation to the gathering (see regulation 14).

Textual Amendments

F1 Words in reg. 11(18)(a)(i) inserted (10.11.2020) by The Health Protection (Coronavirus, Restrictions) (England) (No. 4) (Amendment) Regulations 2020 (S.I. 2020/1242), regs. 1(2), 2(3)

Commencement Information

I1 Reg. 11 in force at 5.11.2020, see reg. 1(2)

Marginal Citations

M1 2006 c. 47.

M2 1970 c. 34.

M3 1949 c. 76.

M4 2004 c. 33.

M5 S.I. 2014/3181, as amended by S.I. 2016/911.

M6 1989 c. 41. Section 22 was amended by the Local Government Act 2000 (c. 22), section 107 and Schedule 5, paragraph 19; the Children (Leaving Care) Act 2000 (c. 35), section 2; the Adoption and Children Act 2002 (c. 38), section 116; the Children Act 2004 (c. 31), section 52; the Children and Young Persons Act 2008 (c. 23), section 44; the Children and Families Act 2014 (c. 6), section 99; and S.I. 2016/413.

M7 Section 23A was inserted by the Children (Leaving Care) Act 2000 (c. 35).

M8 S.I. 2005/389.

M9 2006 c. 21.