The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020
2020 No. 986
Public Health, England
The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020
Made 13th September 2020
Laid before Parliament- 14th September 2020
Coming into force 14th September 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(b) and (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 the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 20202, as amended 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 and interpretation
1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020 and come into force at 12.01 a.m. on 14th September 2020.
(2) In these Regulations “the Principal Regulations” means the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020.
Amendment of the Principal Regulations
2.—(1) The Principal Regulations are amended as follows—
(2) In regulation 1 (application)—
(a)
(a) in paragraph (4), in the opening words, for “Regulations 4 and 5 do” substitute “Regulation 4 does”;
(b)
(b) after paragraph (4), insert—
“4ZA. Regulation 5(1), in so far as it relates to gatherings in private dwellings, and regulation 5ZA do not apply in relation to those areas which form “the protected area” under—
(a) the Public Health (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 20203;
(b) the Public Health (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 20204;
(c) the Public Health (Coronavirus, Restrictions) (North of England) Regulations 20205;
(d) the Public Health (Coronavirus, Restrictions) (Bolton) Regulations 20206.
4ZB. In paragraph (4ZA) “private dwelling” has the same meaning that it has for the purposes of the provisions of regulation 5 other than paragraph (2).”.
(3) In regulation 5 (restrictions on participation in gatherings)—
(a)
(a) for paragraphs (1) and (2), substitute—
“1. During the emergency period, no person may participate in a gathering which consists of more than six people unless—
(a) all the people in the gathering are from the same household, or are members of two households which are linked households in relation to each other,
(b) the gathering is one to which paragraph (2) or (2A) applies and the person concerned participates in the gathering alone or as a member of a qualifying group, or
(c) paragraph (3) applies.
2. This paragraph applies to a gathering if it takes place on or at premises, other than a private dwelling, which are—
(a) operated by a business, a charitable, benevolent or philanthropic institution or a public body, or
(b) part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body.
2A. This paragraph applies to a gathering if it takes place in a public outdoor space which does not fall within paragraph (2)(a) or (b) and—
(a) the gathering has been organised by a business, a charitable, benevolent or philanthropic institution, a public body, or a political body, and
(b) the gathering organiser complies with paragraph (5G).
2B. For the purposes of paragraph (1)(b)—
(a) “qualifying group”, in relation to a gathering, means a group of persons who are participating in that gathering and which—
consists of no more than six persons, or
consists of only persons who are members of the same household, or who are members of two households which are linked households in relation to each other;
(b) a person participates in a gathering as a member of a qualifying group only if they are part of a qualifying group and, whilst participating in the gathering, they do not—
become a member of any other group of persons participating in the gathering (whether or not that group is a “qualifying group”), or
otherwise mingle with any person who is participating in the gathering but is not a member of the same qualifying group as them.”;
(b)
(b) in paragraph (3)—
(i) omit sub-paragraph (a);
(ii) in sub-paragraph (c)—
(aa) at the end of paragraph (v), omit “or”;
(bb) after paragraph (v), insert—
“to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding Vulnerable Groups Act 20067,
for the purposes of arrangements for access to, and contact between, parents and children where the children do not live in the same household as their parents or one of their parents,”;
(iii) after sub-paragraph (d), insert—
“(e)
“(e) the gathering is of a support group,
(f)
(f) the gathering consists of no more than 30 persons and—
it is for the purposes of the solemnisation of a marriage, formation of a civil partnership or conversion of a civil partnership,
it takes place on religious premises or premises which are approved for the purposes of the Marriage Act 19498or the Civil Partnership Act 20049, and
the manager complies with paragraph (5G),
(g)
(g) the gathering is a significant event gathering and—
it consists of no more than 30 persons,
it takes place—
at premises (other than a private dwelling) which are operated by a business, a charitable, benevolent or philanthropic institution or a public body,
at premises (other than a private dwelling) which are part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body, or
in a public outdoor space which does not fall within paragraph (aa) or (bb), and
the manager, in the case of gathering taking place at premises mentioned in paragraph (ii)(aa) or (bb), or the gathering organiser, in any other case, complies with paragraph (5G),
(h)
(h) the gathering is a wedding reception, reception following the formation of a civil partnership or reception following the conversion of civil partnership to a marriage and—
it consists of no more than 30 persons,
it takes place in premises other than a private dwelling, and
the gathering organiser complies with paragraph (5G),
(i)
(i) the gathering is for the purposes of protest and—
it has been organised by a business, a charitable, benevolent or philanthropic institution, a public body, or a political body, and
the gathering organiser complies with paragraph (5G),
(j)
(j) the gathering is a sports gathering and the person concerned is taking part in that gathering,
(k)
(k) the gathering takes place in criminal justice accommodation,
(l)
(l) the gathering takes place outdoors (whether or not in a public outdoor space) and—
it is for the purpose of a relevant outdoor activity, and
the gathering organiser complies with paragraph (5G), or
(m)
(m) the person concerned is attending a person giving birth (“M”), at M’s request.”;
(c)
(c) in paragraph (4)(a), for “thirty” substitute “six”;
(d)
(d) omit paragraph (5);
(e)
(e) after paragraph (5) insert—
“5A. For the purposes of paragraph (3)(e) “support group” means a group which is organised by a business, a charitable, benevolent or philanthropic institution or a public body to provide mutual aid, therapy or any other form of support to its members or those who attend its meetings, such as (but not limited to) those providing support—
(a) to victims of crime (including domestic abuse);
(b) to those with, or recovering from, addictions (including alcohol, narcotics or other substance addictions) or addictive patterns of behaviour;
(c) to new parents;
(d) to those with, or caring for persons with, any long-term illness or terminal condition or who are vulnerable;
(e) to those facing issues related to their sexuality or identity including those living as lesbian, gay, bisexual or transgender;
(f) to those who have suffered bereavement.
5B. For the purposes of paragraph (3)(g) “significant event gathering” means a gathering for the purposes of a ceremony, rite or ritual—
(a) to mark or celebrate a significant milestone in a person’s life, according to their religion or belief, such as events to celebrate a rite of passage or entry into a particular faith (other than a birthday) or coming of age, or
(b) to mark a person’s death or celebrate their life following their death, such as a funeral, according to the deceased person’s religion or belief.
5C. For the purposes of paragraph (5B), a reference to belief includes a reference to a lack of belief.
5D. For the purposes of paragraph (3)(j)—
(a) a “sports gathering” is a gathering which is organised for the purposes for allowing persons who are not elite sportspersons to take part in any sport or other fitness related activity and—
which is organised by a business, a charitable, benevolent or philanthropic institution, or a public body,
which takes place on relevant premises or outdoors, and
the manager, if the gathering takes place on relevant premises, or the gathering organiser, in any other case, complies with paragraph (5G);
(b) a person taking part in a sports gathering does not include a spectator or a parent of any child who is taking part in the gathering.
5E. For the purposes of paragraph (5D) “relevant premises” means premises (other than a private...
To continue reading
Request your trial