The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
| Year | 2020 |
2020 No. 750
Public Health, England
The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
Made 16th July 2020
Laid before Parliament 17th July 2020
Coming into force 18th 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.
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) (No. 3) Regulations 2020.
(2) These Regulations come into force at 12.01 a.m. on 18th July 2020.
(3) These Regulations apply in relation to England only.
(4) In these Regulations—
“child” means a person under the age of 18;
“constable” includes a police community support officer;
“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;
“designate” means designate by name or description;
“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;
“local authority” means—
(a) a county council in England,
(b) a district council in England for an area for which there is no county council,
(c) a London borough council,
(d) the Common Council of the City of London in its capacity as a local authority, and
(e) the Council of the Isles of Scilly;
“parent”, in relation to a child, includes any person 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 19892;
“person 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 19493, as read with section 16 of the Countryside Act 19684;
(c) land which is “access land” for the purposes of Part 1 of the Countryside and Rights of Way Act 20005(see section 1(1) of that Act6);
(d) any highway to which the public has access;
(e) Crown land outdoors to which the public has access;
“specified” means specified in a direction given under these Regulations;
“vulnerable person” includes—
(a) any person aged 70 or older,
(b) any person under 70 who has a medical condition which increases vulnerability to Covid-19, and
(c) any person who is pregnant.
Directions by local authorities: general
2.—(1) A local authority may give a direction under regulation 4(1), 5(1) or 6(1) only if the authority considers that the following conditions are met—
(a)
(a) that giving such a direction responds to a serious and imminent threat to public health,
(b)
(b) that the direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the local authority’s area, and
(c)
(c) that the prohibitions, requirements or restrictions imposed by the direction are a proportionate means of achieving that purpose.
(2) Where a local authority gives a direction under regulation 4(1), 5(1) or 6(1) the local authority must—
(a)
(a) notify the Secretary of State as soon as reasonably practicable after the direction is given, and
(b)
(b) at least once every 7 days review whether the conditions in paragraph (1) continue to be met.
(3) If on a review of a direction under paragraph (2)(b) a local authority considers that one or more of the conditions in paragraph (1) is no longer met in relation to the direction, the local authority must by notice—
(a)
(a) revoke the direction without replacement, or
(b)
(b) revoke the direction and replace it with a further direction under regulation 4(1), 5(1) or 6(1) in relation to which the local authority considers that the conditions in paragraph (1) are met.
(4) In determining whether to give a direction under regulation 4(1), 5(1) or 6(1) or to revoke such a direction, a local authority must have regard to any advice given to it by its director of public health (or its interim or acting director of public health).
(5) Section 16 of the Interpretation Act 19787applies in relation to the revocation of a direction under regulation 4(1), 5(1) or 6(1) as it applies in relation to the repeal of an enactment.
Powers of Secretary of State
3.—(1) The Secretary of State may give a direction to a local authority requiring the authority to give a direction under regulation 4(1), 5(1) or 6(1), if the Secretary of State considers that the conditions in regulation 2(1) would be met in relation to the local authority direction.
(2) If the Secretary of State considers that one or more of the conditions in regulation 2(1) is no longer met in relation to a direction under regulation 4(1), 5(1) or 6(1) given by a local authority, the Secretary of State must direct the local authority to—
(a)
(a) revoke the direction without replacement, or
(b)
(b) revoke the direction and replace it with a further direction under regulation 4(1), 5(1) or 6(1) in relation to which the Secretary of State considers that the conditions in regulation 2(1) would be met.
(3) Where the Secretary of State gives a direction to a local authority under this regulation, regulation 2(1) and (4) do not apply in relation to the giving of a direction by the local authority pursuant to the Secretary of State’s direction.
(4) A direction under this regulation may be revoked by the Secretary of State.
(5) Before giving or revoking a direction under this regulation, the Secretary of State must consult the Chief Medical Officer or one of the Deputy Chief Medical Officers of the Department of Health and Social Care.
(6) The powers conferred by this regulation are without prejudice to the power of the Secretary of State under section 71 of the Public Health (Control of Disease) Act 1984.
(7) A county council for an area for which there is also a district council is to be regarded, with respect to its functions under these Regulations, as a relevant health protection authority for the purposes of the Public Health (Control of Disease) Act 1984.
Directions relating to individual premises
4.—(1) Subject to regulation 2, a local authority may give a direction imposing prohibitions, requirements or restrictions in relation to the entry into, departure from, or location of persons in, specified premises in the local authority’s area.
(2) A direction under paragraph (1) may be given only for the purposes of—
(a)
(a) closing the premises,
(b)
(b) restricting entry to the premises, or
(c)
(c) securing restrictions in relation to the location of persons in the premises.
(3) A local authority may not give a direction under paragraph (1) in relation to—
(a)
(a) any premises which forms part of essential infrastructure,
(b)
(b) any premises consisting of vehicles, trains, vessels or aircraft used for public transport or the carriage or haulage of goods, or
(c)
(c) a vessel not falling within paragraph (b), where the direction would be likely to have the effect of preventing a change-over of crew.
(4) Before giving a direction under paragraph (1), a local authority must have regard to the need to ensure that members of the public have access to essential public services and goods.
(5) A direction under paragraph (1) may only have the effect of imposing a prohibition, requirement or restriction on—
(a)
(a) the owner or any occupier of premises to which the direction relates, and
(b)
(b) any other person involved in managing entry into, or departure from, such premises or the location of persons in them.
(6) A direction under paragraph (1) may impose a prohibition, requirement or restriction by reference to, among other things—
(a)
(a) the number of persons in the premises,
(b)
(b) the purpose for which a person is in the premises, and
(c)
(c) the facilities in the premises.
(7) A direction under paragraph (1) must—
(a)
(a) state the date and time on which the prohibition, requirement or restriction comes into effect, and the date and time on which it will end, and
(b)
(b) give details of the right of appeal to a magistrates’ court, and the time within which such an appeal may be brought.
(8) Where a local authority gives a direction under paragraph (1) it must take reasonable steps to give advance notice of the direction to —
(a)
(a) a person carrying on a business from the premises to which the direction relates, and
(b)
(b) if different, any person who owns or occupies the premises.
(9) A person on whom a direction under paragraph (1) imposes a prohibition, requirement or restriction may—
(a)
(a) appeal against the direction to a...
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