AMENDMENTS TO THE CORONAVIRUS REGULATIONS: NOT STAYING OUT

The Coronavirus Regulations have been amended  (effective from today at 11.00 pm). There are some important changes.  The most significant amendment is to Regulation 6. This means that a person is committing an offence if they left the place where they are living with a good reason but stayed outside without a good excuse.

“Regulation 6 is amended to clarify that under regulation 6(1), the prohibition applies both to leaving the place where a person is living without reasonable excuse, and also to staying outside that place without reasonable excuse”

 

Amendment of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

2.—(1) The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020(2) are amended as follows.

(2) In regulation 3, after paragraph (4), insert—

(4A) Section 16 of the Interpretation Act 1978(3) applies in relation to the termination of a restriction or requirement by a direction as it applies in relation to the repeal of an enactment..

(3) In regulation 5—

(a)in paragraph (8)—

(i)at the beginning, insert “Subject to paragraph (8A),”;

(ii)omit “or burial ground”;

(b)after paragraph (8), insert—

(8A) Paragraph (8) does not apply to the grounds surrounding a crematorium, including any burial ground or garden of remembrance..

(4) In regulation 6—

(a)in paragraph (1), after “leave” insert “or be outside of”;

(b)in paragraph (2)—

(i)in sub-paragraph (a), omit “or to obtain money,”;

(ii)after sub-paragraph (a), insert—

(aa)to obtain money from or deposit money with any business listed in paragraphs 33 or 34 of Schedule 2;;

(iii)after sub-paragraph (g), insert—

(ga)to visit a burial ground or garden of remembrance, to pay respects to a member of the person’s household, a family member or friend;;

(iv)in sub-paragraph (i)(iii), for “Department of Work” substitute “Department for Work”.

(5) In regulation 8—

(a)in paragraph (5)(a), for “they are” substitute “the child is”;

(b)for paragraph (10), substitute—

(10) A relevant person exercising the power in paragraph (9)(c) to remove a person in a gathering to a place where they are living may use reasonable force, if necessary, in exercise of the power.

(10A) Where a person who is in a gathering in contravention of regulation 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.

(10B) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the restriction in regulation 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.

(10C) A relevant person may only exercise the power in paragraph (9), (10A) or (10B) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the restriction in regulation 7.;

(c)in paragraph (11), for “or (9)” substitute “, (9), (10A) or (10B)”.

(6) In regulation 10—

(a)in paragraph (1)(b), for “over the age of 18” substitute “aged 18 or over”;

(b)in paragraph (2), for “a local” substitute “an”;

(c)for paragraph (3), substitute—

(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”).;

(d)in paragraph (10), for sub-paragraph (a), substitute—

(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;

(e)in paragraph (11), after sub-paragraph (b), insert—

(c)references to a “local authority” include references to a county council..

(7) In Schedule 2—

(a)in paragraph 20, for “and outdoor gyms” substitute “, outdoor gyms and outdoor swimming pools”;

(b)in paragraph 21, after “except for” insert “livestock markets and”;

(c)in paragraph 23, at the end, insert “(except for livestock auctions)”;

(d)for paragraph 33, substitute—

33.  The following businesses—

(a)banks,

(b)building societies,

(c)credit unions,

(d)short term loan providers,

(e)savings clubs,

(f)cash points, and

(g)undertakings which by way of business operate currency exchange offices, transmit money (or any representation of money) by any means or cash cheques which are made payable to customers..

 

THE EXPLANATORY NOTES

These Regulations amend the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Regulation 3 is amended to ensure that the saving provisions made in section 16 of the Interpretation Act 1978 (c. 30) apply to the termination of a restriction or requirement by direction. Regulation 6 is amended to clarify that under regulation 6(1), the prohibition applies both to leaving the place where a person is living without reasonable excuse, and also to staying outside that place without reasonable excuse. The Regulations also clarify the application of enforcement provisions in regulation 8, permit payment of fixed penalties following the issue of a fixed penalty notice under regulation 10 to be made to an officer designated by the Secretary of State or by a local authority (including a county council), amend the list of businesses in Part 2 and Part 3 of Schedule 2 and make other minor amendments.

The Regulations can be found here.

 

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