“NOT GOING OUT”: WHAT THE ENGLISH AND WELSH REGULATIONS ACTUALLY SAY

Given the restrictions we are all living under at the moment it is worth highlighting the wording of the Regulations that govern restriction of movement.   The key definition is that no person can leave the place where they are living without “reasonable excuse”.   This is not defined, but examples are given. There are slight differences in the drafting between England and Wales, in particular the prohibition on going out more than once a day is a specific part of the Welsh Regulations.

 

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

Restrictions on movement

6.—(1) During the emergency period, no person may leave the place where they are living without reasonable excuse.

(2) For the purposes of paragraph (1), a reasonable excuse includes the need—

(a)to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household) or for vulnerable persons and supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person, or to obtain money, including from any business listed in Part 3 of Schedule 2;

(b)to take exercise either alone or with other members of their household;

(c)to seek medical assistance, including to access any of the services referred to in paragraph 37 or 38 of Schedule 2;

(d)to provide care or assistance, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006(3), to a vulnerable person, or to provide emergency assistance;

(e)to donate blood;

(f)to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living;

(g)to attend a funeral of—

(i)a member of the person’s household,

(ii)a close family member, or

(iii)if no-one within sub-paragraphs (i) or (ii) are attending, a friend;

(h)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(i)to access critical public services, including—

(i)childcare or educational facilities (where these are still available to a child in relation to whom that person is the parent, or has parental responsibility for, or care of the child);

(ii)social services;

(iii)services provided by the Department of Work and Pensions;

(iv)services provided to victims (such as victims of crime);

(j)in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;

(k)in the case of a minister of religion or worship leader, to go to their place of worship;

(l)to move house where reasonably necessary;

(m)to avoid injury or illness or to escape a risk of harm.

(3) For the purposes of paragraph (1), the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.

(4) Paragraph (1) does not apply to any person who is homeless.

 

THE REGULATIONS IN WALES

The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 are drifted slightly differently.  They include a specific ban on taking exercise more than once a day, that is not in the English Regulations.

8.—(1) During the emergency period, no person may leave the place where they are living without reasonable excuse.

(2) For the purposes of paragraph (1), a reasonable excuse includes the need—

(a)to obtain from any business listed in Part 4 of Schedule 1 —

(i)basic necessities, including food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons;

(ii)supplies (including money) for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person;

(b)to take exercise, no more than once a day, either alone or with other members of the household;

(c)to seek medical assistance, including accessing any of the services referred to in paragraph 42 of Schedule 1 or accessing veterinary services;

(d)to provide care or assistance, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006(1), to a vulnerable person, or to provide emergency assistance;

(e)to donate blood;

(f)to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably practicable for that person to work, or to provide those services, from the place where they are living;

(g)to attend a funeral—

(i)of a member of the person’s household,

(ii)of a close family member (including a partner, child, step-child or foster child, or parent),

(iii)of a friend, if no member of the deceased’s household or close family member of the deceased is attending, or

(iv)as the carer of a person who is attending as a person mentioned in sub-paragraph (i), (ii) or (iii);

(h)to meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(i)to access critical public services, including—

(i)childcare or educational facilities (where these are still available to the person’s child);

(ii)social services;

(iii)services provided by the Department of Work and Pensions;

(iv)services provided to victims (such as victims of crime or domestic violence);

(j)in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;

(k)in the case of a minister of religion or worship leader, to go to their place of worship;

(l)to move house where necessary;

(m)to avoid injury or illness or to escape a risk of harm.

(3) For the purposes of paragraph (1), the place where a person lives includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.

(4) Paragraph (1) does not apply to any person who is homeless.

(5) During the emergency period, no person may participate in a gathering in a public place of more than two people except—

(a)where all the persons in the gathering are members of the same household,

(b)where the gathering is essential for work purposes,

(c)to attend a funeral, or

(d)where necessary—

(i)to facilitate a house move,

(ii)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 of Vulnerable Groups Act 2006,

(iii)to provide emergency assistance, or

(iv)to participate in legal proceedings, or fulfil a legal obligation.

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