NEW TODAY: The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020

These Regulations come into force today, and are available here. They amend the existing Regulations and are difficult to read alone.  A later post will provide a consolidated version of the Regulations.   In essence they amend and extend the time and places people are allowed to attend in lockdown.

 

THE REGULATIONS

PUBLIC HEALTH, ENGLAND
The Health Protection (Coronavirus, Restrictions) (England)
(Amendment) (No. 2) Regulations 2020
Made – – – – 12th May 2020
Laid before Parliament at 9.30 a.m. on 13th May 2020
Coming into force – – 13th May 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(a).
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 (SARSCoV-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 and commencement
1. These Regulations may be cited as the Health Protection (Coronavirus, Restrictions)
(England) (Amendment) (No. 2) Regulations 2020 and come into force on 13th May 2020.

2.—(1) The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020(a) are amended as follows.
(2) In regulation 5(4), after sub-paragraph (a), insert—
“(aa) to provide accommodation for any person—
(i) who works in one of the critical sectors listed in the guidance titled “Guidance
for critical workers who can access schools or educational settings” published
by the Cabinet Office and the Department for Education and updated on 5th
May 2020(b), and
(ii) whose need for accommodation is connected to their work;”.
(3) In regulation 6—
(a) in paragraph (2)—
(i) after sub-paragraph (aa), insert—
“(ab) to collect goods which have been ordered from a business in any way permitted
under regulation 5(1)(a);”;
(ii) for sub-paragraph (b), substitute—
“(b) to take exercise—
(i) alone,
(ii) with one or more members of their household, or
(iii) with one member of another household;”;
(iii) after sub-paragraph (b), insert—
“(ba) to visit a public open space for the purposes of open-air recreation to promote
their physical or mental health or emotional wellbeing—
(i) alone,
(ii) with one or more members of their household, or
(iii) with one member of another household;”;
(iv) in sub-paragraph (f), omit the words “travel for the purposes of”;
(v) for sub-paragraph (l), substitute—
“(l) to undertake any of the following activities in connection with the purchase, sale,
letting or rental of a residential property—
(i) visiting estate or letting agents, developer sales offices or show homes;
(ii) viewing residential properties to look for a property to buy or rent;
(iii) preparing a residential property to move in;
(iv) moving home;
(v) visiting a residential property to undertake any activities required for the
rental or sale of that property;”;
(vi) after sub-paragraph (m), insert—
“(n) to use a waste or recycling centre.”;
(b) after paragraph (4), insert—
“(5) For the purposes of paragraph (2)(ba), “public open space” 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(a), as read with section 16 of the Countryside
Act 1968(b);
(c) land which is “access land” for the purposes of Part 1 of the Countryside and
Rights of Way Act 2000(c) (see section 1(1) of that Act(d)).”.
(4) In regulation 10—
(a) in paragraph (6), for “£60” substitute “£100”;
(b) in paragraph (7)—
(i) in sub-paragraph (a), for “£30”, substitute “£50”;
(ii) in sub-paragraph (b)(ii)—
(aa) in sub-paragraph (aa), for “£120” substitute “£200”;
(bb) for sub-paragraph (bb), substitute—
“(bb) in the case of the third fixed penalty notice received, £400;
(cc) in the case of the fourth fixed penalty notice received, £800;
(dd) in the case of the fifth fixed penalty notice received, £1,600;
(ee) in the case of the sixth and subsequent fixed penalty notices, £3,200.”.
(5) In Schedule 2—
(a) in paragraph 20, after “Playgrounds,” insert “indoor”;
(b) after paragraph 42, insert—
“43. Garden centres.
44. Outdoor sports courts.”.
Savings
3. Regulations 9 and 10 of the Health Protection (Coronavirus, Restrictions) (England)
Regulations 2020 continue to have effect in relation to any offence committed, or reasonably
believed to have been committed, before these Regulations came into force as if the amendments
set out in regulation 2 had not been made.”

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