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The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021
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Statutory Instruments
2021 No. 362
Public Health, England
The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021
Approved by both Houses of Parliament
Made
19th March 2021
Laid before Parliament
22nd March 2021
Coming into force
30th March 2021
The Secretary of State(1) makes the following Regulations in exercise of the powers conferred by sections 45C(1), (2) and (3)(c) and 45P of the Public Health (Control of Disease) Act 1984(2).
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.
Citation, commencement, extent and application
1.—(1) These Regulations may be cited as the Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021.
(2) These Regulations come into force on 30th March 2021.
(3) These Regulations extend to England and Wales.
(4) These Regulations apply in relation to England only.
Residential Tenancies (Protection from Eviction) Expiry Amendment
2. In regulation 3 of the Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021(3), for “31st March 2021” substitute “31st May 2021”.
David Wolfson
Parliamentary Under-Secretary of State for Justice
Ministry of Justice
19th March 2021
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations extend the provisions in the Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021 (S.I. 2021/164) and prevent, except in specified circumstances, attendance at a dwelling-house for the purpose of executing a writ or warrant of possession or delivering a notice of eviction.
The specified circumstances are where the court is satisfied that the claim is against trespassers who are persons unknown or where it was made wholly or partly on the grounds of anti-social behaviour, nuisance, domestic abuse in social tenancies, false statements, substantial rent arrears exceeding 6 months’ rent or, in cases where the person attending is satisfied that the dwelling-house is unoccupied at the time of attendance, the death of the occupant.
The amended Regulations will expire at the end of 31st May 2021.
No impact assessment has been prepared for these Regulations.
(1)
The Secretary of State is the appropriate Minister as respects England (section 45T(6) of the Public Health (Control of Disease) Act 1984 (c.22)).
(2)
1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).
(3)
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