Statutory Instruments

2020 No. 828

Public Health, England

The Health Protection (Coronavirus, Restrictions F1...) (North of England) Regulations 2020

Approved by both Houses of Parliament

Made

at 9.00 a.m. on 4th August 2020

Laid before Parliament

at 12.30 p.m. on 4th August 2020

Coming into force

5th 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 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.

Textual Amendments

Marginal Citations

M11984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

PART 1E+WIntroductory provisions

Citation, commencement, application and general interpretationE+W

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions F2...) (North of England) Regulations 2020.

(2) These Regulations come into force on 5th August 2020.

(3) These Regulations apply in England only.

(4) In these Regulations “the Blackburn and Bradford Regulations” means the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 M2.

Textual Amendments

Commencement Information

I1Reg. 1 in force at 5.8.2020, see reg. 1(2)

Marginal Citations

PART 2E+WRestrictions [F3and requirements] in the North of England (other than in Blackburn with Darwen or Bradford)

Textual Amendments

Meaning of “the protected area” in Part 2E+W

2.—(1) In this Part “the protected area” means the area falling within—

(a) Greater Manchester

(a)the area of Bolton Metropolitan Borough Council,

(b)the area of Bury Metropolitan Borough Council,

(c)the area of Manchester City Council,

(d)the area of Oldham Metropolitan Borough Council,

(e)the area of Rochdale Borough Council,

(f)the area of Salford City Council,

(g)the area of Stockport Metropolitan Borough Council,

(h)the area of Tameside Metropolitan Borough Council,

(i)the area of Trafford Metropolitan Borough Council,

(j)the area of Wigan Metropolitan Borough Council,

(k) Lancashire

(k)the area of Burnley Borough Council,

(l)the area of Hyndburn Borough Council,

(m)the area of Pendle Borough Council,

[F4(ma)the area of Preston City Council,]

(n)the area of Rossendale Borough Council,

(o) West Yorkshire

(o)the area of Calderdale Metropolitan Borough Council, or

(p)the area of Kirklees Metropolitan Council.

(2) But this is subject to any change of protected area direction given by the Secretary of State.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 5.8.2020, see reg. 1(2)

Interpretation of Part 2: generalE+W

3.—(1) In this Part—

“change of protected area direction” has the meaning given in regulation 4(5);

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

“childcare” has the same meaning as in section 18 of the Childcare Act 2006 M3;

“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 M4;

[F5“person responsible for carrying on a business” includes the owner, proprietor, and manager of that business;]

“the protected area” has the meaning given in regulation 2;

“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 M5, as read with section 16 of the Countryside Act 1968 M6;

(c)

land which is “access land” for the purposes of Part 1 of the Countryside and Rights of Way Act 2000 M7 (see section 1(1) of that Act M8);

(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 above;

(b)

any person who is under the age of 70 but has a medical condition which increases vulnerability to Covid-19 (the official designation of the disease which can be caused by coronavirus);

(c)

any person who is pregnant.

(2) For the purposes of the definition of “elite sportsperson” in paragraph (1)—

(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, 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.

[F6(3) For the purposes of these Regulations, references to a “local authority” include references to a county council.]

Textual Amendments

Commencement Information

I3Reg. 3 in force at 5.8.2020, see reg. 1(2)

Marginal Citations

M61968 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 these Regulations.

M8The 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).

The emergency period and review of need for restrictionsE+W

4.—(1) For the purposes of this Part, the “emergency period”—

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

(b)ends in relation to a restriction [F7or requirement] imposed by this Part on the day and at the time specified in a direction given by the Secretary of State under this regulation terminating the restriction [F7or requirement].

(2) The Secretary of State must review the need for restrictions [F8and requirements] imposed by this Part at least once every 14 days, with the first review being carried out by 19th August 2020.

(3) As soon as the Secretary of State considers that any restriction [F9or requirement] set out in this Part is 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 give a direction under this regulation terminating that restriction [F9or requirement].

(4) A direction given under this regulation may—

(a)terminate any one or more specified [F10restriction or requirement] (whether generally or in one or more specified local authority areas only);

(b)provide that any one or more specified local authority areas no longer fall within the protected area [F11;

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

(5) A direction falling within paragraph (4)(b) is referred to in these Regulations as a “change of protected area direction”.

(6) Section 16 of the Interpretation Act 1978 M9 applies in relation to the termination of a [F12restriction or requirement] by a direction as it applies in relation to the repeal of an enactment.

(7) Where the Secretary of State gives a change of protected area direction, the Secretary of State—

(a)must—

(i)publish it on www.gov.uk, and

(ii)arrange for notice of it to be given, as soon as is reasonably practicable, in the London Gazette;

(b)may publish it in such other manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by it.

(8) Any other direction given by the Secretary of State under this regulation must be published in such manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by it.

(9) In this regulation “specified” means specified in a direction given under this regulation.

Textual Amendments

Commencement Information

I4Reg. 4 in force at 5.8.2020, see reg. 1(2)

Marginal Citations

Restrictions on gatherings in private dwellingsE+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, including a houseboat, 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 M10,

(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 M11, 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 M12,

(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 M13;

(ii)a young offender institution, within the meaning of section 43 of the Prison Act 1952 M14;

(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 M15;

(v)a bail hostel, within the meaning of section 2 of the Bail Act 1976 M16.

Commencement Information

I5Reg. 5 in force at 5.8.2020, see reg. 1(2)

Marginal Citations

M112006 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).

M122000 c. 14. Section 1 was amended by the Health and Social Care Act 2008 (c. 14) (“the 2008 Act”), Schedule 5, paragraph 5, and by the Regulation and Inspection of Social Care (Wales) Act 2016 (2016 anaw 2) (“the 2016 Wales Act”), Schedule 3, paragraph 2. Section 3 was amended by the 2008 Act, Schedule 5, paragraph 4, and the 2016 Wales Act, Schedule 3, paragraph 3. There are amendments to section 4 which are not relevant to these Regulations.

M14Section 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.

M161976 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 householdsE+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

I6Reg. 6 in force at 5.8.2020, see reg. 1(2)

Restrictions on other gatheringsE+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 M17, 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, or as part of supervised activities provided for children,

(iv)to provide emergency assistance, or

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

(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 M18 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 M19, under the Smoke-free (Premises and Enforcement) Regulations 2006 M20;

(d)“political body” means—

(i)a political party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 M21, or

(ii)a political campaigning organisation within the meaning of regulation 2 of the Health and Social Care (Financial Assistance) Regulations 2009 M22;

(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

I7Reg. 7 in force at 5.8.2020, see reg. 1(2)

Marginal Citations

M17S.I. 1999/3242, amended by S.I. 2005/1541, 2015/21 and 2015/1637.

M181994 (c. 33). Section 63 has been amended by s. 58 of, and Schedule 3 to, the Anti-social Behaviour Act 2003 (c. 38).

M192006 c. 28. Section 2 was amended by paragraph 4 of Schedule 2 to the Health (Wales) Act 2017 (2017 anaw 2).

M20S.I. 2006/3368, to which there are amendments which are not relevant to these Regulations.

[F13Requirement to close premises and businesses during the emergency periodE+W

7A.—(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 leisure centres.

(3) 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.

(4) 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.

(5) For the purposes of paragraph (4), 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.

(6) 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

Enforcement of restrictions [F14and requirements] in this PartE+W

8.—(1) A relevant person may take such action as is necessary to enforce any restriction [F15or requirement] imposed by regulation [F165, 7 or 7A].

[F17(1A) 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 7A, 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.]

(2) 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.

(3) A relevant person exercising the power in paragraph (2)(c) to remove a person from a gathering may use reasonable force, if necessary, in exercise of the power.

(4) 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.

(5) 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.

(6) A relevant person may only exercise the power in paragraph (2), (4) or (5) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the restrictions in regulation 5 or 7.

(7) A relevant person exercising a power under paragraph (2), (4) or (5) may give the person concerned any reasonable instructions they consider to be necessary.

(8) For the purposes of this regulation, an individual has responsibility for a child if the individual—

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

(b)has parental responsibility for the child.

(9) For the purposes of this regulation “relevant person” means—

(a)a constable,

(b)a police community support officer, F18...

(c)a person designated by the Secretary of State for the purposes of this regulation [F19, or

(d)subject to paragraph (10), a person designated by a local authority for the purposes of this regulation].

[F20(10) A local authority may only designate a person for the purposes of this regulation in relation to a requirement in regulation 7A.]

Textual Amendments

Commencement Information

I8Reg. 8 in force at 5.8.2020, see reg. 1(2)

Offences and penaltiesE+W

9.—(1) A person who without reasonable excuse contravenes a requirement in regulation 5, 7, [F217A,] 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 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.

[F22(4A) 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.

(4B) In paragraph (4A), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.]

(5) Section 24 of the Police and Criminal Evidence Act 1984 M23 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.

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

Textual Amendments

Commencement Information

I9Reg. 9 in force at 5.8.2020, see reg. 1(2)

Marginal Citations

M231984 c. 60. Section 24 was substituted b s. 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).

Fixed penalty noticesE+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.

[F23(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 M24;

(b)the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 M25;

(c)the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 M26;

(d)the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 M27;

(e)the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020 M28;

(f)the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 M29;

(g)the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020 M30.

(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—

[F24(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.

[F25(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 in regulation 7A or the obstruction under regulation 9(2) of a person carrying out a function under regulation 8.]

Textual Amendments

Commencement Information

I10Reg. 10 in force at 5.8.2020, see reg. 1(2)

Marginal Citations

M24S.I. 2020/350; to which there are amendments not relevant to these Regulations. S.I. 2020/350 was revoked by S.I. 2020/684, with savings.

M25S.I. 2020/684, as amended by S.I. 2020/719, 2020/750, 2020/788, 2020/800, 2020/822, and 2020/824.

M26S.I. 2020/750, as amended by S.I. 2020/800, 2020/822 and 2020/824.

M27S.I. 2020/685; to which there are amendments not relevant to these Regulations. S.I. 2020/685 was revoked by S.I. 2020/824, with savings.

M28S.I. 2020/800. S.I. 2020/800 was revoked by S.I. 2020/822, with savings.

ProsecutionsE+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

I11Reg. 11 in force at 5.8.2020, see reg. 1(2)

DesignationsE+W

12.  A person who is designated by the Secretary of State 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 [F268(9)(c) or (d)], [F2710(3)(b)], 10(13) or 11, as appropriate, of these Regulations.

Textual Amendments

Commencement Information

I12Reg. 12 in force at 5.8.2020, see reg. 1(2)

PART 3E+WRestrictions on gatherings in Blackburn with Darwen and Bradford

Amendment of the Blackburn and Bradford RegulationsE+W

13.—(1) The Blackburn and Bradford Regulations are amended as follows.

(2) For regulation 4 substitute—

“Restrictions on gatherings in private dwellings

4.—(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, including a houseboat, 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, 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)“linked household” has the meaning given in regulation 4A;

(b)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,

(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;

(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;

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

(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;

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

Linked households

4A.—(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.

Restrictions on other gatherings

4B.—(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, 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, or as part of supervised activities provided for children,

(iv)to provide emergency assistance, or

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

(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 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 the same meaning as in regulation 4, 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, under the Smoke-free (Premises and Enforcement) Regulations 2006;

(d)“political body” means—

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

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

(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.”.

(3) In regulation 5—

(a)in paragraph (1) for “or 4” substitute “, 4 or 4B”;

(b)in paragraph (3), after “4” insert “or 4B”;

(c)in paragraph (5), after “4” insert “or 4B”;

(d)in paragraph (6), after “4” insert “or 4B”;

(e)in paragraph (7), after “4” insert “or 4B”.

(4) In regulation 6(1), after “4” insert “, 4B”.

Commencement Information

I13Reg. 13 in force at 5.8.2020, see reg. 1(2)

Transitional and saving provisionsE+W

14.  Despite the substitution of regulation 4 of the Blackburn and Bradford Regulations, those Regulations continue in force as they had effect immediately before these Regulations came into force in relation to any offence committed under regulation 4 of the Blackburn and Bradford Regulations before these Regulations came into force.

Commencement Information

I14Reg. 14 in force at 5.8.2020, see reg. 1(2)

PART 4E+WFinal provisions

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

15.—(1) The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 are amended as follows.

(2) In regulation 1, after paragraph (4), insert—

“(4A) Regulation 5 does not apply in relation to those areas which form “the protected area” under Part 2 of the Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020.”.

(3) In regulation 9(9), after sub-paragraph (f), insert

“(g)the Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020.”.

Commencement Information

I15Reg. 15 in force at 5.8.2020, see reg. 1(2)

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

16.  In regulation 14(8) of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020, after sub-paragraph (g), insert—

“(h)the Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020.”.

Commencement Information

I16Reg. 16 in force at 5.8.2020, see reg. 1(2)

Consequential amendment of the Blackburn and Bradford RegulationsE+W

17.  In regulation 7(9) of the Blackburn and Bradford Regulations, after sub-paragraph (g), insert—

“(h)the Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020.”.

Commencement Information

I17Reg. 17 in force at 5.8.2020, see reg. 1(2)

Consequential amendment of the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020E+W

18.  In regulation 10(9) of the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020, after sub-paragraph (f), insert—

“(g)the Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020.”.

Commencement Information

I18Reg. 18 in force at 5.8.2020, see reg. 1(2)

ExpiryE+W

19.—(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

I19Reg. 19 in force at 5.8.2020, see reg. 1(2)

Matt Hancock

Secretary of State,

Department of Health and Social Care

Regulation 7A

[F28SCHEDULEE+WBusinesses subject to closure

Textual Amendments

1.  Nightclubs.E+W

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 sub-paragraph (1) if it ceases to provide music and dancing.

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,

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

4.  Casinos.E+W

5.  Indoor skating rinks.E+W

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

7.  Bowling alleys.E+W

8.—(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.]

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose restrictions on gatherings of two or more persons in private dwellings in a protected area in the North of England, and impose restrictions on other gatherings of more than 30 people in that area. They also impose restrictions on persons who live in the protected area participating in gatherings of two or more persons in private dwellings outside of that area.

The “protected area” covers:

(a)

in Greater Manchester: the City of Manchester, Trafford, Stockport, Oldham, Bury, Wigan, Bolton, Tameside, Rochdale, Salford;

(b)

in Lancashire: Burnley, Hyndburn, Pendle and Rossendale;

(c)

in West Yorkshire: Calderdale and Kirklees.

The need for these restrictions must be reviewed by the Secretary of State every 14 days, with the first review taking place by 19th August 2020.

These Regulations also amend the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 (S.I. 2020/822) to impose similar restrictions in, and in relation to those who live in, Blackburn with Darwen and Bradford.

Reviews of the restrictions in Blackburn with Darwen and Bradford will be carried out in accordance with the provisions of the amended Regulations.

No impact assessment has been carried out for these Regulations.