UK Updates Coronavirus Lockdown Regulations 11am 22 April 2002

Law & Lawyers blog reports…

Amendment to Regulations:

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 – (discussed in this previous post) – have been amended by The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020

The amendments apply from 1100 hrs on 22 April and apply to England. The following is from the Explanatory Memorandum:

The instrument makes a number of changes to the Restrictions Regulations to clarify and better enable the public health measures in those Regulations to
achieve the intended purpose of reducing public health risks posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

In particular:

  • Regulation 3(4)of the Restrictions Regulations is amended to ensure that prosecutions can be brought (or continued) in respect of breaches of measures in those Regulations, where those measures have subsequently been lifted by a direction.
  • Regulation 5(8)of the Restrictions Regulations is amended to clarify burial grounds, including those surrounding crematoriums, can remain open.
  • Regulation 6(1)is amended to put beyond doubt that a person commits an offence if they remain outside of the place where they are living without reasonable excuse, having left it for a permitted reason. This amendment is of huge significance – Regulation 6(1) now reads:

    (1) During the emergency period, no person may leave or be outside of the place where they are living without reasonable excuse.

    (2) For the purposes of paragraph (1), a reasonable excuse includes the need – then follows the non-exhuastive list of reasonable excuses.

  • Regulation 6(2)is amended to clarify that it is a reasonable excuse to leave, or be outside of, the house to

 

  1. access all types of money service businesses including savings clubs and international money transfer businesses
  1. visit a burial ground, garden of remembrance or grounds surrounding a crematorium to pay respects to a family member or friend
  • Regulation 8(5)(a)is a clarificatory amendment to provide that where a child is contravening regulation 6(1), enforcement officials (police officers) should instruct the responsible adult of the child to escort the child to the place where the child is living.
  • Regulation 8(10)is also a clarificatory amendment. In particular new paragraphs (10A) and (10B) clarify the enforcement action which may be taken against persons accompanying a child who is gathering in contravention of regulation 7 (as it may for a person accompanying a child who is outside of the place they live in contravention of regulation 6).
  • Regulation 10is amended to clarify that a fixed penalty notice can be issued to a person aged 18 and over, rather than over 18. It is also amended to allow a designated officer (not just a local authority) to be specified as the person to whom a fixed penalty is to be paid. It is intended that the Chief Executive Officer of ACRO Criminal Records Office will be designated, to facilitate effective administration of FPNs.
  • Regulation 10is also amended to provide that fixed penalty notices can also be issued and collected by county councils.
  • Schedule 2is amended:
  1. to ensure outdoor swimming pools are closed (in addition to indoor pools)
  1. to ensure livestock markets and auctions are exempt from closure,
  1. to clarify types of money service businesses which can remain open includes savings clubs and international money transfer businesses.

The police and local authorities will continue to monitor compliance with the regulations, including the amendments set out in this S.I.

The Explanatory memorandum states that there are no plans to consolidate the Regulations.  The cut and paste technique of amending legislation leads to difficulties a the best of times. There has already been considerable confusion over the Regulations and the government’s guidance. A revised (consildated) Regulation ought, in my view, to be issued.

*** Other parts of the UK ***

The Regulations are not the same throughout the UK –

Wales

https://www.legislation.gov.uk/wsi/2020/353/contents/made

https://www.legislation.gov.uk/wsi/2020/399/contents/made

Scotland

https://www.legislation.gov.uk/ssi/2020/103/contents

https://www.legislation.gov.uk/ssi/2020/126/contents/made

Northern Ireland

https://www.legislation.gov.uk/nisr/2020/55/contents/made

 

Source:  http://www.feedspot.com/?dadi=1#feed/fof_fo_875778__f_463018/article/6054587259?dd=4311523054451791