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

Directions relating to public outdoor places

6.—(1) Subject to regulation 2, a local authority may give a direction imposing prohibitions, requirements or restrictions in relation to access to—

(a) a specified public outdoor place in its area, or

(b) public outdoor places in its area of a specified description.

(2) A direction under paragraph (1) may in particular prohibit access at specified times.

(3) A direction under paragraph (1) must—

(a) specify or describe the public outdoor place or places to which it relates in sufficient detail to enable the boundaries of the place or places to be determined,

(b) state the date and time on which any prohibition, requirement or restriction imposed by the direction comes into effect, and the date and time on which it will end, and

(c) give details of the right of appeal to a magistrates’ court, and the time within which such an appeal may be brought.

(4) Where a local authority gives a direction under paragraph (1) it must take reasonable steps—

(a) to give advance notice of the direction to a person carrying on a business from premises within a public outdoor place to which the direction relates, and

(b) to ensure that the direction is brought to the attention of any person who owns, occupies or is responsible for any land or premises in a public outdoor place to which the direction relates.

(5) Any person who owns, occupies or is responsible for land or premises in a public outdoor place to which a direction under paragraph (1) relates may—

(a) appeal against the direction to a magistrates’ court by way of complaint for an order and the Magistrates’ Courts Act 1980 applies to the proceedings, and

(b) make representations to the Secretary of State about the direction.

(6) On an appeal against a direction under paragraph (1) in a case where the direction was made pursuant to a direction of the Secretary of State under regulation 3, a summons is to be issued to both the Secretary of State and the local authority.