Restrictions on gatherings in private dwellings5

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 200613, 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 200014,

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 195215;

ii

a young offender institution, within the meaning of section 43 of the Prison Act 195216;

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 200717;

v

a bail hostel, within the meaning of section 2 of the Bail Act 197618.