The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020

Statutory Instruments

2020 No. 824

Public Health, England

The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020

Made

2nd August 2020

Laid

at 11.00 a.m. on 3rd August 2020

Coming into force

3rd August 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984 M1 .

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England.

The Secretary of State considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 45R of that Act the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.

Marginal Citations

M1 1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

Citation, commencement, application and interpretation E+W

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020.

(2) These Regulations come into force on 3rd August 2020.

(3) These Regulations apply in relation to England only.

(4) In these Regulations—

“child” means a person under the age of 18;

“childcare” has the same meaning as in section 18 of the Childcare Act 2006 M2 ;

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government department, or held in trust for Her Majesty for the purposes of a Government department, and includes any estate or interest held in right of the Prince and Steward of Scotland;

“Crown land” means land in which there is a Crown interest or a Duchy interest;

“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;

“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 on an elite development pathway;

“parent” of a child includes any person who is not a parent of the child but who has parental responsibility for, or who has care of, the child;

“parental responsibility” has the meaning given in section 3 of the Children Act 1989 M3 ;

“person responsible for carrying on a business” includes the owner, proprietor, and manager of that business;

“protected area” means the area of Leicester City Council;

“public outdoor place” means any 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 M4 , as read with section 16 of the Countryside Act 1968 M5 ;

(c)

land which is “access land” for the purposes of Part 1 of the Countryside and Rights of Way Act 2000 M6 (see section 1(1) of that Act M7 );

(d)

any highway to which the public has access;

(e)

Crown land to which the public has access;

“vulnerable person” includes—

(a)

any person aged 70 or older,

(b)

any person under 70 who has a medical condition which increases vulnerability to Covid-19, and

(c)

any person who is pregnant.

(5) For the purposes of the definition of “elite sportsperson” in paragraph (4)—

(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 at 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;

(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.

(6) For the purposes of these Regulations, references to a “local authority” include references to a county council.

Commencement Information

I1 Reg. 1 in force at 3.8.2020, see reg. 1(2)

Marginal Citations

M2 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.

M3 1989 c. 41.

M4 1949 c. 97.

M5 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.

M6 2000 c. 37.

M7 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).

Revocation, saving and designation E+W

2.—(1) The following regulations are revoked—

(a) the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 M8 (the “first Restrictions Regulations”);

(b) the Health Protection (Coronavirus, Restrictions) (Leicester) (Amendment) Regulations 2020 M9 ;

(c) the Health Protection (Coronavirus, Restrictions) (Leicester) (Amendment) (No. 2) Regulations 2020 M10 ;

(d) the Health Protection (Coronavirus, Restrictions) (Leicester) (Amendment) (No. 3) Regulations 2020 M11 .

(2) Notwithstanding the revocation of the first Restrictions Regulations, they continue in force, as amended, in relation to any offence committed under the first Restrictions Regulations before these Regulations came into force.

(3) A designation made in exercise of powers conferred by regulation 8(14)(a), 10(3)(b), 10(13) or 11 of the first Restrictions Regulations is to be treated as if it had been made in the exercise of powers conferred by regulations 8(9)(b), 10(3)(b), 10(13) or 11, as appropriate, of these Regulations.

(4) A person who is designated for the purposes of regulation 7(10)(b), 9(3)(b), 9(13) or 10 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 is to be treated as if they were designated for the purposes of regulation 8(9)(b), 10(3)(b), 10(13) or 11, as appropriate, of these Regulations.

Commencement Information

I2 Reg. 2 in force at 3.8.2020, see reg. 1(2)

Marginal Citations

M8 S.I. 2020/685, amended by S.I. 2020/750;

2020/754;

2020/787;

2020/800,

2020/822 and

2020/823.

M9 S.I. 2020/754.

M10 S.I. 2020/787.

M11 S.I. 2020/823.

The emergency period and review of need for restrictions E+W

3.—(1) For the purposes of these Regulations, the “emergency period”—

(a) starts when these Regulations come into force, and

(b) ends in relation to a restriction or requirement imposed by these Regulations on the day and at the time specified in a direction published by the Secretary of State terminating the requirement or restriction.

(2) The Secretary of State must review the need for restrictions and requirements imposed by these Regulations at least once every 14 days, with the first review being carried out by 17th August 2020.

(3) As soon as the Secretary of State considers that any restrictions or requirements set out in these Regulations are no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in England with the coronavirus, the Secretary of State must publish a direction terminating that restriction or requirement.

(4) A direction published under this regulation may—

(a) terminate any one or more requirement or restriction;

(b) terminate a requirement or restriction in relation to a specified business or service or a specified description of business or service.

(5) Section 16 of the Interpretation Act 1978 M12 applies in relation to the termination of a restriction or requirement by a direction as it applies in relation to the repeal of an enactment.

(6) In this regulation, “specified” means specified in a direction published under this regulation.

Commencement Information

I3 Reg. 3 in force at 3.8.2020, see reg. 1(2)

Marginal Citations

M12 1978 c. 30.

Requirement to close premises and businesses during the emergency E+W

4.—(1) A person responsible for carrying on a business or providing a service which is listed in the Schedule in the protected area must cease to carry on that business or to provide that service in the protected area during the emergency period.

(2) Paragraph (1) does not prevent the use of—

(a) any suitable premises in the protected area used for the businesses or services listed in the Schedule to host blood donation sessions;

(b) facilities for training by elite sportspersons, including indoor fitness studios, gyms, sports courts, indoor F1 ... swimming pools and other indoor leisure centres;

(c) indoor fitness and dance studios by professional dancers and choreographers.

(3) For the purposes of paragraph (2), a person is a professional dancer or choreographer if that person derives their living from dance, or from choreographing dance, as the case may be.

(4) If a business listed in the Schedule (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) if it closes down business A.

(5) Paragraph (1) does not prevent a person responsible for carrying on a business or providing a service listed in the Schedule in the protected area (“the closed business”)—

(a) carrying on a business of offering goods for sale or for hire—

(i) in a shop in the protected area which is separate from the premises used for the closed business, or

(ii) by making deliveries or otherwise providing services in the protected area 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;

(b) operating a café or restaurant in the protected area, if the café or restaurant is separate from the premises used for the closed business.

(6) For the purposes of paragraph (5), a shop, café or restaurant (“SCR”) is separate from premises used for the closed business if—

(a) the SCR is in a self-contained unit, and

(b) it is possible for a member of the public to enter the SCR from a place outside those premises.

(7) For the purposes of this regulation, premises are in the protected area if any part of the premises is in the protected area.

Textual Amendments

F1 Words in reg. 4(2)(b) omitted (19.8.2020) by virtue of The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) (Amendment) Regulations 2020 (S.I. 2020/875), regs. 1(2), 2(2)

Commencement Information

I4 Reg. 4 in force at 3.8.2020, see reg. 1(2)

Restrictions on gatherings in private dwellings E+W

5.—(1) During the emergency period, unless paragraph (2) applies—

(a) no person may participate in a gathering in the protected area which consists of two or more persons and takes place in a private dwelling, including a houseboat;

(b) no person living in the protected area may participate in a gathering which consists of two or more persons and takes place in a private dwelling outside the protected area.

(2) This paragraph applies where—

(a) all the persons in the gathering are members of the same household or members of two households which are linked households in relation to each other;

(b) the person concerned is attending a person giving birth (“M”), at M's request;

(c) the person concerned (“P”) is visiting a person P reasonably believes is dying (“D”), and P is—

(i) a member of D's household,

(ii) a close family member of D,

(iii) a friend of D, or

(iv) where no-one falling within paragraphs (i) to (iii) is visiting D, any other person;

(d) the person concerned is fulfilling a legal obligation;

(e) the gathering is reasonably necessary—

(i) for work purposes, or for the provision of voluntary or charitable services,

(ii) for the purposes of education or training,

(iii) for the purposes of childcare provided by a person registered under Part 3 of the Childcare Act 2006,

(iv) to provide emergency assistance,

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

(vi) to facilitate a house move,

(vii) 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 M13 , or

(viii) to continue existing arrangements for access to, and contact between, parents and children where the children do not live in the same household as their parents, or one of their parents.

(3) For the purposes of this regulation—

(a) a “private dwelling” includes any garden, yard, passage, stair, outhouse or other appurtenance of the dwelling, and does not include—

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

(ii) care homes, within the meaning of section 3 of the Care Standards Act 2000 M14 ,

(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 the Care Standards Act 2000,

(v) educational accommodation,

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

(vii) criminal justice accommodation;

(b) “linked household” has the meaning given in regulation 6;

(c) there is a “gathering” when two or more people are present together in the same place in order to engage in any form of social interaction with each other, or to undertake any other activity with each other;

(d) a gathering is in the protected area if any part of the place where it takes place is in the protected area.

(4) For the purposes of paragraph (3)—

(a) “educational accommodation” means—

(i) accommodation provided for students whilst they are boarding at school;

(ii) halls of residence provided for students attending higher education courses, and equivalent accommodation provided for students attending further education courses;

(b) “criminal justice accommodation” means—

(i) a prison, within the meaning of the Prison Act 1952 M15 ;

(ii) a young offender institution, within the meaning of section 43 of the Prison Act 1952 M16 ;

(iii) a secure training centre, within the meaning of section 43 of the Prison Act 1952;

(iv) approved premises, within the meaning of section 13 of the Offender Management Act 2007 M17 ;

(v) a bail hostel, within the meaning of section 2 of the Bail Act 1976 M18 .

Commencement Information

I5 Reg. 5 in force at 3.8.2020, see reg. 1(2)

Marginal Citations

M13 2006 c. 47. Sub-paragraphs (1) to (3) and (3A) to (3E) of paragraph 7 were substituted for sub-paragraphs (1) to (3) as enacted by s. 66 of the Protection of Freedoms Act 2012 (c. 9).

M14 2000 c. 14.

M15 1952 c. 52.

M16 Section 43(1) has been amended by paragraph 11 of Schedule 15 to the Criminal Justice Act 1988 (c. 33), s. 18(3) of the Criminal Justice and Public Order Act 1994 (c. 33), paragraph 5 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), and paragraph 3 of Schedule 26 to the Criminal Justice and Immigration Act 2008 (c. 4) and paragraph 4 of Schedule 12 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). There are other amendments to s. 43 which are not relevant to these Regulations.

M17 2007 c. 21.

M18 1976 c. 63. The definition of “bail hostel” has been substituted by paragraph 50 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000.

Linked households E+W

6.—(1) Where a household comprises one adult, or one adult and one or more persons who were under the age of 18 on 12th June 2020 (“the first household”), the adult may choose to be linked with one other household (“the second household”), provided that—

(a) neither the first household nor the second household are linked, or have ever been linked, with any other household for the purpose of these Regulations or any other Regulations made under the Public Health (Control of Disease) Act 1984, and

(b) all the adult members of the second household agree.

(2) There is no limit on the number of adults or children which may be in the second household.

(3) The first and second households are “linked households” in relation to each other.

(4) The first and second households cease to be linked households if neither household satisfies the condition in the opening words of paragraph (1).

(5) Once the first and second households have ceased being linked households, neither the first household nor the second household may be linked with any other household.

Commencement Information

I6 Reg. 6 in force at 3.8.2020, see reg. 1(2)

Restrictions on other gatherings E+W

7.—(1) During the emergency period, unless paragraph (3) applies, no person may participate in a gathering in the protected area which consists of more than thirty persons, and takes place—

(a) on a vessel, other than a houseboat or a vessel used for public transport, or

(b) on land which satisfies the condition in paragraph (2).

(2) Land satisfies this condition if it is a public outdoor place, which is not—

(a) operated by a business, a charitable, benevolent or philanthropic institution or a public body as a visitor attraction, or

(b) part of premises used for the operation of a business, charitable, benevolent or philanthropic institution or a public body.

(3) This paragraph applies where—

(a) the gathering has been organised by a business, a charitable, benevolent or philanthropic institution, a public body, or a political body, and—

(i) the person responsible for organising the gathering (“the gathering organiser”) has carried out a risk assessment which would satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 1999 M19 , whether or not the gathering organiser is subject to those Regulations, and

(ii) the gathering organiser has taken all reasonable measures to limit the risk of transmission of the coronavirus, taking into account the risk assessment carried out under paragraph (i);

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

(c) the gathering is reasonably necessary—

(i) for work purposes, or for the provision of voluntary or charitable services,

(ii) for the purposes of education or training,

(iii) for the purposes of childcare provided by a person registered under Part 3 of the Childcare Act 2006 M20 , or as part of supervised activities provided for children,

(iv) to provide emergency assistance,

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

(d) the person concerned is fulfilling a legal obligation.

(4) During the emergency period, no person may participate in a gathering in the protected area which—

(a) consists of more than thirty persons,

(b) takes place indoors, and

(c) would be a gathering of a kind mentioned in section 63(1) of the Criminal Justice and Public Order Act 1994 M21 if it took place on land in the open air.

(5) In determining whether all reasonable measures have been taken to limit the risk of transmission of the coronavirus for the purposes of paragraph (3)(a)(ii), any guidance issued by the government relevant to the gathering in question must be taken into account.

(6) For the purposes of this regulation—

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

(i) a charity, or

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

(b) “gathering” has same meaning as in regulation 5, and a gathering is in the protected area if any part of the place where it takes place is in the protected area;

(c) 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 M22 , under the Smoke-free (Premises and Enforcement) Regulations 2006 M23 ;

(d) “political body” means—

(i) a political party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 M24 , or

(ii) a political campaigning organisation within the meaning of regulation 2 of the Health and Social Care (Financial Assistance) Regulations 2009 M25 ;

(e) “vessel” means any ship, boat, barge, lighter or raft and any other description of craft, whether used in navigation or not, but does not include government vessels.

Commencement Information

I7 Reg. 7 in force at 3.8.2020, see reg. 1(2)

Marginal Citations

M19 S.I. 1999/3242, amended by S.I. 2005/1541;

2015/21;

2015/1637.

M20 2006 c. 21.

M21 1994 (c. 33). Section 63(1) has been amended by s. 58 of, and Schedule 3 to the Anti-social Behaviour Act 2003 (c. 38).

M22 2006 c. 28. Section 2 was amended by paragraph 4 of Schedule 2 to the Health (Wales) Act 2017 (2017 anaw 2).

M23 S.I. 2006/3368, to which there are amendments which are not relevant to these Regulations.

M24 2000 c. 41.

M25 S.I. 2009/649.

Enforcement of requirement E+W

8.—(1) A relevant person may take such action as is necessary to enforce any requirement imposed by regulation 4, 5 or 7.

(2) A relevant person may give a prohibition notice to a person if the relevant person reasonably believes that—

(a) the person is contravening a requirement in regulation 4, and

(b) it is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to contravene the requirement.

(3) Where a relevant person considers that a number of people are gathered together in contravention of regulation 5 or 7, the relevant person may—

(a) direct the gathering to disperse,

(b) direct any person in the gathering to return to the place where they are living, or

(c) remove a person from the gathering.

(4) A relevant person exercising the power in paragraph (3)(c) to remove a person from a gathering may use reasonable force, if necessary, in exercise of the power.

(5) Where a person who is in a gathering in contravention of regulation 5 or 7 is a child accompanied by an individual who has responsibility for the child—

(a) the relevant person may direct that individual to take the child to the place where the child is living, and

(b) that individual must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by the relevant person to the child.

(6) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the restrictions in regulation 5 or 7, the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with that restriction.

(7) A relevant person may only exercise the power in paragraph (3), (5) or (6) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the restriction in regulation 5 or 7.

(8) A relevant person exercising a power under paragraph (3), (5), or (6) may give the person concerned any reasonable instructions they consider to be necessary.

(9) For the purposes of this regulation—

(a) an individual has responsibility for a child if the individual—

(i) has custody or charge of the child for the time being, or

(ii) has parental responsibility for the child;

(b) a “relevant person” means—

(i) a constable,

(ii) a police community support officer,

(iii) subject to paragraph (10), a person designated by a local authority for the purposes of this regulation, or

(iv) a person designated by the Secretary of State for the purposes of this regulation;

(c) references to a requirement include references to a restriction.

(10) A local authority may only designate a person for the purposes of this regulation in relation to a requirement in regulation 4.

Commencement Information

I8 Reg. 8 in force at 3.8.2020, see reg. 1(2)

Offences and penalties E+W

9.—(1) A person who without reasonable excuse contravenes a requirement in regulation 4, 5, 7 or 8 commits an offence.

(2) A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations, including any person who is a relevant person for the purposes of regulation 8, commits an offence.

(3) A person who, without reasonable excuse, contravenes a direction given under regulation 8, or fails to comply with a reasonable instruction or a prohibition notice given by a relevant person under regulation 8, commits an offence.

(4) An offence under this regulation is punishable on summary conviction by a fine.

(5) If an offence under this regulation committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer of the body, or

(b) to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.

(6) In paragraph (5), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.

(7) Section 24 of the Police and Criminal Evidence Act 1984 M26 applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—

(a) to maintain public health;

(b) to maintain public order.

(8) For the purposes of this regulation, references to a requirement include references to a restriction.

Commencement Information

I9 Reg. 9 in force at 3.8.2020, see reg. 1(2)

Marginal Citations

M26 1984 c. 60. Section 24 was substituted b s. 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).

Fixed penalty notices E+W

10.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person reasonably believes—

(a) has committed an offence under these Regulations; and

(b) is aged 18 or over.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to an authority specified in the notice.

(3) The authority specified in the notice must be—

(a) the local authority (or as the case may be, any of the local authorities) in whose area the offence is alleged to have been committed (“the relevant local authority”), or

(b) an officer designated by the Secretary of State, or by the relevant local authority, for the purposes of this regulation (“the designated officer”).

(4) Where a person is issued with a notice under this regulation in respect of an offence—

(a) no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice;

(b) the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(5) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence;

(b) state the period during which (because of paragraph (4)(a)) proceedings will not be taken for the offence;

(c) specify the amount of the fixed penalty;

(d) state the name and address of the person to whom the fixed penalty may be paid;

(e) specify permissible methods of payment.

(6) The amount specified under paragraph (5)(c) must, subject to paragraph (7), be £100.

(7) Unless paragraph (8) applies, a fixed penalty notice must specify that if £50 is paid before the end of the period of 14 days following the date of the notice that is the amount of the fixed penalty.

(8) If the person to whom a fixed penalty notice is given has already received a fixed penalty notice under these Regulations or under the Regulations specified in paragraph (9)—

(a) paragraph (7) does not apply, and

(b) the amount specified as the fixed penalty is to be—

(i) in the case of the second fixed penalty notice received, £200;

(ii) in the case of the third fixed penalty notice received, £400;

(iii) in the case of the fourth fixed penalty notice received, £800;

(iv) in the case of the fifth fixed penalty notice received, £1,600;

(v) in the case of the sixth and subsequent fixed penalty notices, £3,200.

(9) In calculating how many fixed penalty notices a person has received, fixed penalty notices issued to that person under the following Regulations are also to be taken into account—

(a) the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 M27 ;

(b) the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 M28 ;

(c) the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 M29 ;

(d) the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 M30 ;

(e) the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020 M31 ;

(f) the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 M32 ;

[F2 (g) the Health Protection (Coronavirus, Restrictions F3 ...) (North of England) Regulations 2020.]

(10) Whatever other method may be specified under paragraph (5)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (5)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(11) Where a letter is sent as mentioned in paragraph (10), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(12) In any proceedings, a certificate—

(a) that purports to be signed by or on behalf of—

(i) the chief finance officer of the relevant local authority, where the authority to which payment is made is a local authority, or

(ii) the designated officer, where that officer is the authority to which payment is made; and

(b) states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

(13) In this regulation—

(a) “authorised person” means—

(i) a constable;

(ii) a police community support officer;

(iii) a person designated by the Secretary of State for the purposes of this regulation;

(iv) subject to paragraph (14), a person designated by the relevant local authority for the purposes of this regulation;

(b) “chief finance officer”, in relation to a local authority, means the person with responsibility for the authority's financial affairs.

(14) The relevant local authority may only designate a person for the purposes of this regulation to issue fixed penalty notices where the alleged offence relates to the contravention of a requirement or restriction in regulation 4 or the obstruction under regulation 9(2) of a person carrying out a function under regulation 8.

Textual Amendments

F2 Reg. 10(9)(g) inserted (5.8.2020) by The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020 (S.I. 2020/828), regs. 1(2), 18 (with reg. 19)

F3 Words in reg. 10(9)(g) omitted (15.8.2020) by virtue of The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/865), regs. 1, 6

Commencement Information

I10 Reg. 10 in force at 3.8.2020, see reg. 1(2)

Marginal Citations

M27 S.I. 2020/350; amended by S.I. 2020/447;

2020/500;

2020/558;

2020/588, and revoked by S.I. 2020/684.

M28 S.I. 2020/684, amended by S.I. 2020/719, 2020/788, 2020/800 and 2020/822.

M29 S.I. 2020/750, amended by S.I. 2020/800 and 2020/822.

M30 S.I. 2020/685, amended by S.I. 2020/750, 2020/754, 2020/787, 2020/800, 2020/822 and 2020/823.

M31 S.I. 2020/800. This has been revoked by S.I. 2020/822.

M32 S.I. 2020/822.

Prosecutions E+W

11.  Proceedings for an offence under these Regulations may be brought by the Crown Prosecution Service and any person designated by the Secretary of State.

Commencement Information

I11 Reg. 11 in force at 3.8.2020, see reg. 1(2)

Amendment of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 E+W

12.  In the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 M33 —

(a) in regulation 1(4)(a), after “(Leicester)” insert “ (No. 2) ”;

(b) in regulation 9(9)—

(i) in sub-paragraph (d), at the end, omit “and”;

(ii) at the end of sub-paragraph (e), insert—

“(f) the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020.”.

Commencement Information

I12 Reg. 12 in force at 3.8.2020, see reg. 1(2)

Marginal Citations

M33 S.I. 2020/684, amended by S.I. 2020/719; 2020/788 and 2020/800.

Amendment of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 E+W

13.  In regulation 14(8) of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 M34 —

(a) in sub-paragraph (e), at the end, omit “and”;

(b) at the end of sub-paragraph (f), insert—

“(g) the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020.”.

Commencement Information

I13 Reg. 13 in force at 3.8.2020, see reg. 1(2)

Marginal Citations

M34 S.I. 2020/750, as amended by S.I. 2020/800 and 2020/822.

Amendment of the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 E+W

14.  In regulation 7(9) of the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 M35 —

(a) in sub-paragraph (e), at the end, omit “and”;

(b) at the end of sub-paragraph (f), insert—

“(g) the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020.”

Commencement Information

I14 Reg. 14 in force at 3.8.2020, see reg. 1(2)

Marginal Citations

M35 S.I. 2020/822.

Expiry E+W

15.—(1) These Regulations expire at the end of the period of six months beginning with the day on which they come into force.

(2) This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.

Commencement Information

I15 Reg. 15 in force at 3.8.2020, see reg. 1(2)

Matt Hancock

Secretary of State,

Department of Health and Social Care

Regulation 4

SCHEDULE E+W Businesses subject to closure

1.  Nightclubs. E+W

Commencement Information

I16 Sch. para. 1 in force at 3.8.2020, see reg. 1(2)

2.—(1) Dance halls, discotheques, and any other venue which— E+W

(a) opens at night,

(b) has a dance floor or other space for dancing by members of the public (and for these purposes members of the venue in question are to be considered members of the public);

(c) provides music, whether live or recorded, for dancing.

(2) A business does not fall within paragraph (1) if it ceases to provide music and dancing.

Commencement Information

I17 Sch. para. 2 in force at 3.8.2020, see reg. 1(2)

3.—(1) Sexual entertainment venues and hostess bars. E+W

(2) For the purposes of this paragraph—

(a) “sexual entertainment venue” has the meaning given in paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 M36 ;

(b) “hostess bar” has the meaning given in paragraph 3B of that Schedule M37 .

Commencement Information

I18 Sch. para. 3 in force at 3.8.2020, see reg. 1(2)

Marginal Citations

M36 1982 c. 30. Paragraph 2A was inserted by section 27 of the Policing and Crime Act 2009 (c. 26).

M37 Paragraph 3B was inserted by section 33 of the London Local Authorities Act 2007 (c. ii).

4.  Casinos. E+W

Commencement Information

I19 Sch. para. 4 in force at 3.8.2020, see reg. 1(2)

F4 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F4 Sch. para. 5 omitted (19.8.2020) by virtue of The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) (Amendment) Regulations 2020 (S.I. 2020/875), regs. 1(2), 2(3)(a)

F5 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F5 Sch. para. 6 omitted (19.8.2020) by virtue of The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) (Amendment) Regulations 2020 (S.I. 2020/875), regs. 1(2), 2(3)(a)

F6 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F6 Sch. para. 7 omitted (19.8.2020) by virtue of The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) (Amendment) Regulations 2020 (S.I. 2020/875), regs. 1(2), 2(3)(a)

F7 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F7 Sch. para. 8 omitted (19.8.2020) by virtue of The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) (Amendment) Regulations 2020 (S.I. 2020/875), regs. 1(2), 2(3)(a)

F8 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F8 Sch. para. 9 omitted (19.8.2020) by virtue of The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) (Amendment) Regulations 2020 (S.I. 2020/875), regs. 1(2), 2(3)(a)

F9 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 Sch. para. 10 omitted (19.8.2020) by virtue of The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) (Amendment) Regulations 2020 (S.I. 2020/875), regs. 1(2), 2(3)(a)

11.  Indoor skating rinks. E+W

Commencement Information

I20 Sch. para. 11 in force at 3.8.2020, see reg. 1(2)

[F10 12.   Indoor swimming pools, including indoor facilities at water parks.] E+W

Textual Amendments

F10 Sch. para. 12 substituted (19.8.2020) by The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) (Amendment) Regulations 2020 (S.I. 2020/875), regs. 1(2), 2(3)(b)

Commencement Information

I21 Sch. para. 12 in force at 3.8.2020, see reg. 1(2)

13.  Indoor play areas, including soft play areas. E+W

Commencement Information

I22 Sch. para. 13 in force at 3.8.2020, see reg. 1(2)

14.  Indoor fitness and dance studios. E+W

Commencement Information

I23 Sch. para. 14 in force at 3.8.2020, see reg. 1(2)

15.  Indoor gyms and sports courts and facilities. E+W

Commencement Information

I24 Sch. para. 15 in force at 3.8.2020, see reg. 1(2)

16.  Bowling alleys. E+W

Commencement Information

I25 Sch. para. 16 in force at 3.8.2020, see reg. 1(2)

17.—(1) Conference centres and exhibition halls, so far as they are used to host conferences, exhibitions or trade shows other than conferences or events which are attended only by employees of the person who owns or is responsible for running the conference centre or exhibition hall. E+W

(2) For the purposes of this paragraph, a “trade show” is an event held to bring together members of a particular industry to display, demonstrate and discuss their latest products and services with members of the public.

Commencement Information

I26 Sch. para. 17 in force at 3.8.2020, see reg. 1(2)

Explanatory Note

(This note is not part of the Regulations)

These Regulations require the closure of businesses listed in the Schedule in Leicester, to protect against the risks to public health arising from coronavirus, except for limited permitted uses. They impose restrictions on gatherings of two or more persons in private dwellings. They also impose restrictions on other gatherings of more than 30 people. The closures and restrictions last until they are terminated by a direction given by the Secretary of State.

The need for the restrictions in these Regulations must be reviewed by the Secretary of State every 14 days, with the first review taking place by 17th August 2020.

These Regulations expire at the end of the period of 6 months following the date on which they come into force.

No impact assessment has been prepared for these Regulations.