The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020
| Year | 2020 |
2020 No. 684
Public Health, England
The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020
Made 3rd July 2020
Laid before Parliament 3rd July 2020
Coming into force in accordance with regulation 1(2)
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) (No. 2) (England) Regulations 2020.
(2) These Regulations come into force as follows—
(a)
(a) regulation 2(1)(a) comes into force—
(i) for the purposes of revoking regulations 5, 6, 7 and 7A of, and paragraphs 1, 2, 5 to 11, 13 to 20, 23B, 23C and 23E of Schedule 2 to, the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, at 00.01 a.m. on 4th July 2020;
(ii) for the purposes of revoking regulations 1, 3, 4, 8 to 12 of, and paragraphs 3, 4, and 23A of Schedule 2 to, those Regulations, at 6.00 a.m. on 4th July 2020;
(b)
(b) all other provisions of these Regulations come into force at 00.01 a.m. on 4th July 2020.
(3) These Regulations apply in relation to England and to the territorial water adjacent to England only, subject to paragraph (4).
(4) Regulations 4 and 5 do not apply in relation to those areas which form the “protected area” under the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020.
(5) In these Regulations—
“child” means a person under the age of 18;
“childcare” has the same meaning as in section 18 of the Childcare Act 20062, and “early years childcare” is childcare provided for a child who is a young child within the meaning of section 19 of that Act;
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“Crown land” means land in which there is a Crown interest or a Duchy interest;
“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government department, or held in trust for Her Majesty for the purposes of a Government department, and includes any estate or interest held in right of the Prince and Steward of Scotland;
“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;
“elite sportsperson” means an individual who—
(a) derives a living from competing in a sport,
(b) is a senior representative nominated by a relevant sporting body,
(c) is a member of the senior training squad for a relevant sporting body, or
(d) is aged 16 or above and on an elite development pathway;
“parent” of a child includes any person who is not a parent of the child but who has parental responsibility for, or who has care of, the child;
“parental responsibility” has the meaning given in section 3 of the Children Act 19893;
“person responsible for carrying on a business” includes the owner, proprietor, and manager of that business;
“public outdoor place” means any outdoor place to which the public have or are permitted access, whether on payment or otherwise, and 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 19494, as read with section 16 of the Countryside Act 19685;
(c) land which is “access land” for the purposes of Part 1 of the Countryside and Rights of Way Act 20006(see section 1(1) of that Act7);
(d) any highway to which the public has access;
(e) Crown land to which the public has access;
“vulnerable person” includes—
(a) any person aged 70 or older;
(b) any person under 70 who has an underlying health condition, including but not limited to, the conditions listed in Schedule 1;
(c) any person who is pregnant.
(6) For the purposes of the definition of “elite sportsperson”, in paragraph (5)—
(a)
(a) “elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—
(i) so that they may derive a living from competing in that sport, or
(ii) to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham;
(b)
(b) “relevant sporting body” means the national governing body of a sport which may nominate sportspersons to represent—
(i) Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or
(ii) England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;
(c)
(c) “senior representative” means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—
(i) Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games;
(ii) England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.
(7) For the purposes of these Regulations, references to a “local authority” include references to a county council.
Revocation and saving
2.—(1) The following regulations are revoked—
(a)
(a) the Health Protection (Coronavirus, Restrictions) (England) Regulations 20208(the “first Restrictions Regulations”) (except for regulation 2);
(b)
(b) the Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 20209;
(c)
(c) the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 202010;
(d)
(d) the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 202011;
(e)
(e) the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 4) Regulations 202012.
(2) Notwithstanding the revocation of the first Restrictions Regulations, they continue in force, as amended, in relation to any offence committed under the first Restrictions Regulations before these Regulations came into force.
(3) A designation made in exercise of powers conferred by regulation 8(12)(a), 10(3)(b), 10(11) or 11 of the first Restrictions Regulations is to be treated as if it had been made in the exercise of powers conferred by regulations 7(10)(b), 9(3)(b), 9(13) or 10, as appropriate, 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 28 days, with the first review being carried out by 31st July 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) Section 16 of the Interpretation Act 197813applies in relation to the termination of a restriction or requirement by a direction as it applies in relation to the repeal of an enactment.
(6) 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 or providing a service which is listed in Schedule 2 must cease to carry on that business or to provide that service during the emergency period.
(2) Paragraph (1) does not prevent the use of—
(a)
(a) any suitable premises used for the businesses or services listed in Schedule 2 to host blood donation sessions;
(b)
(b) facilities for training by elite sportspersons, including indoor fitness studios, gyms, sports courts, indoor or outdoor swimming pools and other indoor leisure centres;
(c)
(c) indoor fitness and dance studios by professional dancers and choreographers.
(3) For the purposes of paragraph (2), a person is a professional dancer or choreographer if that person derives their living from dance, or from choreographing dance, as the case may be.
(4) If a business listed...
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