The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
2020 No. 350
Public Health, England
The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
Made 26th March 2020
Laid before Parliament 26th March 2020
Coming into force 26th March 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 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 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, application and interpretation
1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and come into force at 1:00 p.m. on 26th March 2020.
(2) These Regulations apply in relation to England only.
(3) In these Regulations—
(a)
(a) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
(b)
(b) a “person responsible for carrying on a business” includes the owner, proprietor, and manager of that business;
(c)
(c) “vulnerable person” includes—
(i) any person aged 70 or older;
(ii) any person under 70 who has an underlying health condition, including but not limited to, the conditions listed in Schedule 1;
(iii) any person who is pregnant.
Revocation and saving
2.—(1) The Health Protection (Coronavirus, Business Closure) (England) Regulations 20202(the “first Regulations”) are revoked.
(2) Notwithstanding the revocation of the first Regulations, they continue in force in relation to any offence committed under the first Regulations before these Regulations came into force.
(3) A designation made in exercise of powers conferred by regulation 4(1) and (2) of the first Regulations is to be treated as it had been made in the exercise of powers conferred by regulations 8(12)(a)(iv) and 11 of these Regulations.
The emergency period and review of need for restrictions
3.—(1) For the purposes of these Regulations, the “emergency period”—
(a)
(a) starts when these Regulations come into force, and
(b)
(b) ends in relation to a restriction or requirement imposed by these Regulations on the day and at the time specified in a direction published by the Secretary of State terminating the requirement or restriction.
(2) The Secretary of State must review the need for restrictions and requirements imposed by these Regulations at least once every 21 days, with the first review being carried out by 16th April 2020.
(3) As soon as the Secretary of State considers that any restrictions or requirements set out in these Regulations are no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in England with the coronavirus, the Secretary of State must publish a direction terminating that restriction or requirement.
(4) A direction published under this regulation may—
(a)
(a) terminate any one or more requirement or restriction;
(b)
(b) terminate a requirement or restriction in relation to a specified business or service or a specified description of business or service.
(5) In this regulation, “specified” means specified in a direction published under this regulation.
Requirement to close premises and businesses during the emergency
4.—(1) A person responsible for carrying on a business which is listed in Part 1 of Schedule 2 must—
(a)
(a) during the emergency period—
(i) close any premises, or part of the premises, in which food or drink are sold for consumption on those premises, and
(ii) cease selling food or drink for consumption on its premises; or
(b)
(b) if the business sells food or drink for consumption off the premises, cease selling food or drink for consumption on its premises during the emergency period.
(2) For the purposes of paragraph (1)(a), food or drink sold by a hotel or other accommodation as part of room service is not to be treated as being sold for consumption on its premises.
(3) For the purposes of paragraph (1)(a)(ii) and (b), an area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.
(4) A person responsible for carrying on a business or providing a service which is listed in Part 2 of Schedule 2 must cease to carry on that business or to provide that service during the emergency period.
(5) Paragraph (4) does not prevent the use of—
(a)
(a) premises used for the businesses or services listed in paragraphs 5, 6, 8, 9 or 10 of that Part to broadcast a performance to people outside the premises, whether over the internet or as part of a radio or television broadcast;
(b)
(b) any suitable premises used for the businesses or services listed in that Schedule to host blood donation sessions.
(6) If a business listed in Part 1 or 2 of Schedule 2 (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) if it closes down business A.
Further restrictions and closures during the emergency period
5.—(1) A person responsible for carrying on a business, not listed in Part 3 of Schedule 2, of offering goods for sale or for hire in a shop, or providing library services must, during the emergency period—
(a)
(a) cease to carry on that business or provide that service except by making deliveries or otherwise providing services in response to orders received—
(i) through a website, or otherwise by on-line communication,
(ii) by telephone, including orders by text message, or
(iii) by post;
(b)
(b) close any premises which are not required to carry out its business or provide its services as permitted by sub-paragraph (a);
(c)
(c) cease to admit any person to its premises who is not required to carry on its business or provide its service as permitted by sub-paragraph (a).
(2) Paragraph (1) does not apply to any business which provides hot or cold food for consumption off the premises.
(3) Subject to paragraph (4), a person responsible for carrying on a business consisting of the provision of holiday accommodation, whether in a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house, must cease to carry on that business during the emergency period.
(4) A person referred to in paragraph (3) may continue to carry on their business and keep any premises used in that business open—
(a)
(a) to provide accommodation for any person, who—
(i) is unable to return to their main residence;
(ii) uses that accommodation as their main residence;
(iii) needs accommodation while moving house;
(iv) needs accommodation to attend a funeral;
(b)
(b) to provide accommodation or support services for the homeless,
(c)
(c) to host blood donation sessions, or
(d)
(d) for any purpose requested by the Secretary of State, or a local authority.
(5) A person who is responsible for a place of worship must ensure that, during the emergency period, the place of worship is closed, except for uses permitted in paragraph (6).
(6) A place of worship may be used—
(a)
(a) for funerals,
(b)
(b) to broadcast an act of worship, whether over the internet or as part of a radio or television broadcast, or
(c)
(c) to provide essential voluntary services or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency).
(7) A person who is responsible for a community centre must ensure that, during the emergency period, the community centre is closed except where it is used to provide essential voluntary activities or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency).
(8) A person who is responsible for a crematorium or burial ground must ensure that, during the emergency period, the crematorium is closed to members of the public, except for funerals or burials.
(9) If a business referred to in paragraph (1) or (3) (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) or (3) to cease to carry on its business if it ceases to carry on business A.
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)
(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)
(b) to take exercise either alone or with other members of their household;
(c)
(c) to seek medical assistance, including to...
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