The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020

[F1 Further restrictions on businesses E+W

16.— (1) A person responsible for carrying on a business in the Tier 4 area of offering goods for sale or for hire in a shop, or providing library services, other than a business listed in paragraph 17 must—

(a) cease to carry on that business or provide that service except—

(i) by making deliveries or otherwise providing services in response to orders received—

(aa) through a website, or otherwise by on-line communication,

(bb) by telephone, including orders by text message, or

(cc) by post;

(ii) to a purchaser who collects goods that have been pre-ordered by a means mentioned in paragraph (i), provided that the purchaser does not enter inside the premises to do so,

(b) subject to sub-paragraphs (2), (3) and (4)—

(i) close any premises which are not required to carry on its business or provide its service as permitted by paragraph (a);

(ii) cease to admit any person to its premises who is not required to carry on its business or provide its service as permitted by paragraph (a).

(2) A person responsible for providing library services in the Tier 4 area may open the library premises for the purposes of—

(a) support groups;

(b) childcare provided by a person who is registered under Part 3 of the Childcare Act 2006 or supervised activities for children [F2 or other persons who were under the age of 18 on 31st August 2020];

F3 (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) education or training of the description in paragraph 6(3);

(d) providing essential voluntary services or public support services, including digital access to public services, the provision of food bank or other support for the homeless or vulnerable people, blood donation services or support in an emergency;

(e) voting, counting of votes or activities ancillary to voting or the counting of votes in an election or referendum which is held—

(i) in accordance with provision made by or under an Act, or

(ii) in accordance with the laws or regulations of a country or territory outside the United Kingdom, but in respect of which arrangements are made by a consular post or diplomatic mission in the United Kingdom for persons eligible to vote in that election or referendum to vote in the United Kingdom.

(3) Sub-paragraph (1) does not prevent any business from continuing to provide—

(a) hot or cold food for consumption off the premises, or

(b) goods or services to the homeless.

(4) A person responsible for carrying on a business or providing a service referred to in sub-paragraph (1), may open any premises for the purposes of making a film, television programme, audio programme or audio-visual advertisement.

(5) A person who is responsible for a community centre or hall in the Tier 4 area must ensure that the community centre or hall is closed except where it is used for the purposes of—

(a) the provision of essential voluntary activities or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency),

(b) education or training of the description in paragraph 6(3),

(c) support groups,

(d) childcare provided by a person who is registered under Part 3 of the Childcare Act 2006, or supervised activities for children [F4 or other persons who were under the age of 18 on 31st August 2020],

F5 (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) weddings, funerals and commemorative events to celebrate the life of a person who has died, as permitted by this Schedule,

(f) the purposes described in sub-paragraph (2)(e).

(6) If a business referred to in sub-paragraph (1) (“business A”) forms, or is provided as, part of a larger business (“business B”) and business B is not restricted under these Regulations, the person responsible for carrying on business B complies with the requirement in sub-paragraph (1) to cease to carry on its business if it ceases to carry on business A.]

Textual Amendments

F1 Sch. 3A inserted (20.12.2020 at 7.00 a.m.) by The Health Protection (Coronavirus, Restrictions) (All Tiers and Obligations of Undertakings) (England) (Amendment) Regulations 2020 (S.I. 2020/1611), regs. 1(2), 2(13)

F2 Words in Sch. 3A para. 16(2)(b) inserted (26.12.2020) by The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1646), regs. 1(2), 2(6)(ee)

F3 Sch. 3A para. 16(2)(ba) omitted (6.1.2021) by virtue of The Health Protection (Coronavirus, Restrictions) (No. 3) and (All Tiers) (England) (Amendment) Regulations 2021 (S.I. 2021/8), regs. 1(2), 3(11)(i)

F4 Words in Sch. 3A para. 16(5)(d) inserted (26.12.2020) by The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1646), regs. 1(2), 2(6)(gg)

F5 Sch. 3A para. 16(5)(da) omitted (6.1.2021) by virtue of The Health Protection (Coronavirus, Restrictions) (No. 3) and (All Tiers) (England) (Amendment) Regulations 2021 (S.I. 2021/8), regs. 1(2), 3(11)(ii)