This Statutory Instrument has been made, in part, in consequence of a defect in S.I. 2020/684 and a defect in S.I. 2020/822 and is being issued free of charge to all known recipients of those Statutory Instruments.
2020 No. 907
The Health Protection (Coronavirus) (Restrictions on Holding of Gatherings and Amendment) (England) Regulations 2020
Approved by both Houses of Parliament
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(b), 45F(2) and 45P of the Public Health (Control of Disease) Act 19841.
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 requirements and 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.
PART 1Introductory provision
Citation, commencement and interpretation1
1
These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions on Holding of Gatherings and Amendment) (England) Regulations 2020.
2
These Regulations come into force on 28th August 2020.
PART 2Restrictions on holding of gatherings in England
Amendment of the Principal Regulations2
1
The Principal Regulations are amended as follows.
2
In regulation 5—
a
in the heading, after “on” insert “participation in”;
b
in paragraph (6), in the words before sub-paragraph (a), after “regulation”, insert “, regulation 5A and regulation 5B”.
3
After regulation 5, insert—
Restriction on organisation or facilitation of certain large indoor gatherings5A
1
During the emergency period, no person may hold or be involved in the holding of a section 63 type gathering.
2
For the purposes of this regulation and regulation 5B—
a
“section 63 type gathering” means a gathering of a type mentioned in regulation 5(4);
b
a person is not involved in the holding of a gathering if that person’s only involvement in the gathering is by attendance at the gathering.
Restrictions on organisation or facilitation of other gatherings5B
1
During the emergency period no person may, unless paragraph (4) applies, hold or be involved in the holding of a relevant gathering.
2
For the purposes of this regulation “relevant gathering” means a gathering which—
a
consists of more than thirty persons,
b
takes place—
i
in a private dwelling, including a houseboat,
ii
on a vessel, other than a houseboat or a vessel used for public transport, or
iii
on land which satisfies the condition in paragraph (3), and
c
is not a section 63 type gathering.
3
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.
4
This paragraph applies where—
a
in the case of a gathering described in paragraph (2)(b)(ii) or (iii), the person concerned or, if they are not the person responsible for organising the relevant gathering, the gathering organiser—
i
is a business, a charitable, benevolent or philanthropic institution, a public body or a political body,
ii
has carried out a risk assessment which would satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 19994, whether or not they are subject to those Regulations, and
iii
has taken all reasonable measures to limit the risk of transmission of the coronavirus, taking into account the risk assessment carried out under paragraph (ii);
b
the relevant gathering is necessary for the training of or competition between elite sportspersons;
c
the relevant gathering is reasonably necessary—
i
for work purposes, or 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 risk of harm;
d
the relevant gathering is necessary to allow any person to fulfil a legal obligation.
5
In determining whether all reasonable measures have been taken to limit the risk of transmission of the coronavirus for the purposes of paragraph (4)(a)(iii), any guidance issued by the government relevant to the gathering in question must be taken into account.
4
In regulation 8(1), after “5,” insert “5A, 5B,”.
5
In regulation 9—
a
for paragraph (6) substitute—
6
The amount specified under paragraph (5)(c)—
a
where the notice is issued in respect of the offence described in regulation 8(1) of contravening, without reasonable excuse, a restriction in regulation 5A or 5B, must be £10,000;
b
where the notice is issued in respect of any other offence, must, subject to paragraphs (7) and (8), be £100.
b
in paragraph (7), after “penalty notice” insert “of a type mentioned in paragraph (6)(b)”;
c
in paragraph (8)—
i
after “penalty notice”, in the first place it occurs, insert “of a type mentioned in paragraph (6)(b)”;
ii
after “these Regulations” insert “(other than a fixed penalty notice to which paragraph (8A) applies)”;
d
after paragraph (8), insert—
8A
This paragraph applies to a fixed penalty notice if it is issued under this regulation in respect of the offence, described in regulation 8(1), of contravening, without reasonable excuse, a restriction in regulation 5A or 5B.
Consequential amendment of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 20203
In regulation 14 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 20205—
a
in paragraph (8), for “paragraphs (6) and (7)” substitute “this regulation”;
b
after paragraph (8), insert—
8A
For the purposes of determining how many fixed penalty notices have been issued to a person under the relevant enactments, no account is to be taken of any fixed penalty notice issued to that person under regulation 9 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 in respect of the offence described in regulation 8(1) of those Regulations of contravening, without reasonable excuse, regulation 5A or 5B of those Regulations.
Consequential amendment of the Blackburn and Bradford Regulations4
In regulation 7 of the Blackburn and Bradford Regulations, after paragraph (9), insert—
9A
But no account is to be taken under paragraph (9) of any fixed penalty notice issued to that person under regulation 9 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 in respect of the offence described in regulation 8(1) of those Regulations of contravening, without reasonable excuse, regulation 5A or 5B of those Regulations.
Consequential amendment of the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 20205
In regulation 10 of the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 20206, after paragraph (9), insert—
9A
But no account is to be taken under paragraph (9) of any fixed penalty notice issued to that person under regulation 9 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 in respect of the offence described in regulation 8(1) of those Regulations of contravening, without reasonable excuse, regulation 5A or 5B of those Regulations.
Consequential amendment of the Health Protection (Coronavirus, Restrictions) (North of England) Regulations 20206
In regulation 10 of the Health Protection (Coronavirus, Restrictions) (North of England) Regulations 20207, after paragraph (9), insert—
9A
But no account is to be taken under paragraph (9) of any fixed penalty notice issued to that person under regulation 9 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 in respect of the offence described in regulation 8(1) of those Regulations of contravening, without reasonable excuse, regulation 5A or 5B of those Regulations.
PART 3Minor amendments
Amendment of regulation 5 of the Principal Regulations7
In regulation 5 of the Principal Regulations—
a
in paragraph (6), after sub-paragraph (d), insert—
b
in paragraph (7), omit sub-paragraph (c).
Amendment of regulation 7 of the Blackburn and Bradford Regulations8
In regulation 7 of the Blackburn and Bradford Regulations, in paragraph (8), in the words before sub-paragraph (a), after “these Regulations” insert “or any of the enactments referred to in paragraph (9)(b) to (h)”.
(This note is not part of the Regulations)