The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020
| Year | 2020 |
2020 No. 1105
Public Health, England
The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020
Made 12th October 2020
Laid before Parliament 12th October 2020
Coming into force 14th October 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(b), (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.
PART 1
Introductory
Citation, commencement and application
1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020.
(2) These Regulations come into force on 14th October 2020.
(3) These Regulations apply in relation to England only, including English airspace and the English territorial sea except as provided by paragraph (4).
(4) Part 2 of Schedule 1 does not apply in English airspace or in the English territorial sea.
(5) In this regulation—
“English airspace” means the airspace above England or above the English territorial sea;
“the English territorial sea” means the part of the territorial sea of the United Kingdom that is adjacent to England.
Interpretation
2.—(1) In these Regulations—
“care home” has the meaning given by section 3 of the Care Standards Act 20002;
“child” means a person under the age of 18;
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“criminal justice accommodation” means—
(a) a prison, within the meaning of the Prison Act 19523;
(b) a young offender institution, within the meaning of section 43 of that Act;
(c) a secure training centre, within the meaning of section 43 of that Act;
(d) approved premises, within the meaning of section 13 of the Offender Management Act 20074;
(e) a bail hostel, within the meaning of section 2 of the Bail Act 19765;
“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;
“Crown land” means land in which there is a Crown interest or a Duchy interest;
“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;
“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 19896;
“person responsible” for carrying on a business includes the owner, proprietor and manager of that business;
“Tier 3 area” has the meaning given by regulation 3(2)(b);
“Tier 3 restrictions” has the meaning given by regulation 3(2)(a);
“vessel” means any ship, boat, barge, lighter or raft and any other description of craft, whether used in navigation or not.
(2) For the purposes of these Regulations, references to a “local authority” include references to a county council.
PART 2
Tier 3 restrictions
Tier 3 restrictions
3.—(1) Tier 3 restrictions apply in relation to the Tier 3 area in accordance with Schedule 1.
(2) In these Regulations—
(a)
(a) references to “Tier 3 restrictions” are references to the restrictions and requirements set out in Schedule 1;
(b)
(b) references to the “Tier 3 area” are references to the area for the time being specified or described in Schedule 2.
PART 3
Enforcement
Enforcement of restrictions and requirements
4.—(1) A relevant person may take such action as is necessary to enforce any Tier 3 restriction.
(2) A relevant person may give a prohibition notice to a person if the relevant person reasonably believes that—
(a)
(a) the person is contravening a Tier 3 restriction imposed by Part 2 of Schedule 1, and
(b)
(b) it is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to contravene the restriction.
(3) Where a relevant person considers that a number of people are gathered together in contravention of the Tier 3 restriction imposed by paragraph 1 or 2 of Schedule 1, the relevant person may—
(a)
(a) direct the gathering to disperse,
(b)
(b) direct any person in the gathering to return to the place where they are living, or
(c)
(c) remove any person from the gathering.
(4) A relevant person exercising the power in paragraph (3)(c) to remove a person from a gathering may use reasonable force, if necessary, in exercise of the power.
(5) Where a person who is in a gathering in contravention of the Tier 3 restriction imposed by paragraph 1 or 2 of Schedule 1 is a child accompanied by an individual who has responsibility for the child—
(a)
(a) the relevant person may direct the individual to take the child to the place where the child is living, and
(b)
(b) that individual must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by the relevant person to the child.
(6) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the Tier 3 restriction imposed by paragraph 1 or 2 of Schedule 1, the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with the restriction.
(7) A relevant person may exercise a power under paragraph (3), (5) or (6) only if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the Tier 3 restriction imposed by paragraph 1 or 2 of Schedule 1.
(8) A relevant person exercising a power under paragraph (3), (5) or (6) may give the person concerned any reasonable instructions the relevant person considers to be necessary.
(9) For the purposes of this regulation—
(a)
(a) an individual has responsibility for a child if the individual—
(i) has custody or charge of the child for the time being, or
(ii) has parental responsibility for the child;
(b)
(b) “relevant person” means—
(i) a constable,
(ii) a police community support officer,
(iii) subject to paragraph (10), a person designated by a local authority for the purposes of this regulation, or
(iv) a person designated by the Secretary of State for the purposes of this regulation.
(10) A local authority may designate a person for the purposes of this regulation only in relation to a Tier 3 restriction imposed by Part 2 of Schedule 1.
Offences and penalties
5.—(1) A person commits an offence if, without reasonable excuse, the person—
(a)
(a) contravenes a Tier 3 restriction,
(b)
(b) contravenes a requirement imposed, or a direction given, under regulation 4,
(c)
(c) fails to comply with a reasonable instruction or a prohibition notice given by a relevant person under regulation 4, or
(d)
(d) obstructs any person carrying out a function under these Regulations (including any person who is a relevant person for the purposes of regulation 4).
(2) An offence under this regulation is punishable on summary conviction by a fine.
(3) If an offence under this regulation committed by a body corporate is proved—
(a)
(a) to have been committed with the consent or connivance of an officer of the body corporate, or
(b)
(b) to be attributable to any neglect on the part of such an officer,
the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted, proceeded against and punished accordingly.
(4) In paragraph (3), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.
(5) Section 24 of the Police and Criminal Evidence Act 19847applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—
(a)
(a) to maintain public health;
(b)
(b) to maintain public order.
Fixed penalty notices
6.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person reasonably believes—
(a)
(a) has committed an offence under these Regulations, and
(b)
(b) is aged 18 or over.
(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to an authority specified in the notice.
(3) The authority specified in the notice must be—
(a)
(a) the local authority (or as the case may be, any of the local authorities) in whose area the offence is alleged to have been committed (“the relevant local authority”), or
(b)
(b) an officer designated by the Secretary of State, or by the relevant local authority, for the purposes of this regulation (“the designated officer”).
(4) Where a person is issued with a notice under this regulation in respect of an offence—
(a)
(a) no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice;
(b)
(b) the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
(5) A...
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