The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020
2020 No. 685
Public Health, England
The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020
Made 3rd July 2020
Laid before Parliament 3rd July 2020
Coming into force 4th July 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) (Leicester) Regulations 2020 and come into force on 4th July 2020.
(2) These Regulations apply in relation to England only.
(3) 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;
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“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;
“linked household” has the meaning given in regulation 7;
“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;
“the protected area” means the area comprising—
(a) the areas in, and surrounding, Leicester identified by the postcode districts set out in Part 1 of Schedule 1, and
(b) the addresses set out in Part 2 of Schedule 1;
“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 2;
(c) any person who is pregnant.
(4) For the purposes of the definition of “elite sportsperson”, in paragraph (3)—
(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.
(5) For the purposes of these Regulations, references to a “local authority” include references to a county council.
The emergency period and review of need for restrictions
2.—(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 14 days, with the first review being carried out by 18th 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, or in relation to a specified postcode or address.
(5) Section 16 of the Interpretation Act 19784applies 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
3.—(1) A person responsible for carrying on a business in the protected area which is listed in Part 1 of Schedule 3 must—
(a)
(a) during the emergency period—
(i) close any premises, or part of the premises, in the protected area in which food or drink are sold for consumption on those premises, and
(ii) cease selling food or drink for consumption on its premises in the protected area; 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 in the protected area 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 in the protected area which is listed in Part 2 of Schedule 3 must cease to carry on that business or to provide that service in the protected area 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, 10, 11 or 12 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;
(c)
(c) facilities for training for elite sportspersons, including indoor fitness studios, gyms, sports courts, indoor or outdoor swimming pools and other indoor leisure centres.
(6) If a business listed in Part 1 or 2 of Schedule 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) if it closes down business A.
(7) Paragraph (4) does not prevent a person responsible for carrying on a business or providing a service listed in Part 2 of Schedule 2 (“the closed business”)—
(a)
(a) carrying on a business of offering goods for sale or for hire by making deliveries or otherwise providing services in response to orders received—
(i) through a website, or otherwise by online communication,
(ii) by telephone, including orders by text message, or
(iii) by post;
(b)
(b) from operating a café or restaurant solely to sell food or drink for consumption off the premises, if the café or restaurant is separate from the premises used for the closed business.
(8) For the purposes of paragraph (7), a café or restaurant (“CR”) is separate from premises used for the closed business if—
(a)
(a) the CR is in a self-contained unit, and
(b)
(b) it is possible for a member of the public to enter the CR from a place outside those premises.
Further restrictions and closures during the emergency period
4.—(1) A person responsible for carrying on a business in the protected area, not listed in Part 3 of Schedule 3, 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 in the protected area 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 in the protected area which are not required to carry out its business or provide its services as permitted by sub-paragraph (a);
(c)
(c) cease to...
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