The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020

Powers of Secretary of State

3.—(1) The Secretary of State may give a direction to a local authority requiring the authority to give a direction under regulation 4(1), 5(1) or 6(1), if the Secretary of State considers that the conditions in regulation 2(1) would be met in relation to the local authority direction.

(2) If the Secretary of State considers that one or more of the conditions in regulation 2(1) is no longer met in relation to a direction under regulation 4(1), 5(1) or 6(1) given by a local authority, the Secretary of State must direct the local authority to—

(a) revoke the direction without replacement, or

(b) revoke the direction and replace it with a further direction under regulation 4(1), 5(1) or 6(1) in relation to which the Secretary of State considers that the conditions in regulation 2(1) would be met.

(3) Where the Secretary of State gives a direction to a local authority under this regulation, regulation 2(1) and (4) do not apply in relation to the giving of a direction by the local authority pursuant to the Secretary of State’s direction.

(4) A direction under this regulation may be revoked by the Secretary of State.

(5) Before giving or revoking a direction under this regulation, the Secretary of State must consult the Chief Medical Officer or one of the Deputy Chief Medical Officers of the Department of Health and Social Care.

(6) The powers conferred by this regulation are without prejudice to the power of the Secretary of State under section 71 of the Public Health (Control of Disease) Act 1984.

(7) A county council for an area for which there is also a district council is to be regarded, with respect to its functions under these Regulations, as a relevant health protection authority for the purposes of the Public Health (Control of Disease) Act 1984.