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Coronavirus Act 2020

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This is the original version (as it was originally enacted).

Coronavirus Act 2020

2020 CHAPTER 7

An Act to make provision in connection with coronavirus; and for connected purposes.

[25th March 2020]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1Main provisions

Interpretation

1Meaning of “coronavirus” and related terminology

(1)In this Act—

  • “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

  • “coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus).

(2)A reference in this Act to infection or contamination, however expressed, is a reference to infection or contamination with coronavirus.

(3)But a reference in this Act to persons infected by coronavirus, however expressed, does not (unless a contrary intention appears) include persons who have been infected but are clear of coronavirus (unless re-infected).

Emergency registration of health professionals

2Emergency registration of nurses and other health and care professionals

Schedule 1 contains temporary modifications of—

(a)the Nursing and Midwifery Order 2001 (S.I. 2002/253), and

(b)the Health Professions Order 2001 (S.I. 2002/254).

3Emergency arrangements concerning medical practitioners: Wales

Schedule 2 contains temporary modifications of—

(a)the National Health Service (Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)), and

(b)the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (S.I. 2004/478 (W. 48)).

4Emergency arrangements concerning medical practitioners: Scotland

Schedule 3 contains temporary modifications of—

(a)the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114),

(b)the National Health Service (General Medical Services Contracts (Scotland) Regulations 2018 (S.S.I. 2018/66), and

(c)the National Health Service (Primary Medical Services Section 17C Arrangements) (Scotland) Regulations 2018 (S.S.I. 2018/67).

5Emergency registration of and extension of prescribing powers for pharmaceutical chemists: Northern Ireland

Schedule 4 contains temporary modifications of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)).

Temporary registration of social workers

6Emergency registration of social workers: England and Wales

Schedule 5 contains temporary modifications of—

(a)the Social Workers Regulations 2018 (S.I. 2018/893), and

(b)the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

7Temporary registration of social workers: Scotland

Schedule 6 contains temporary modifications of—

(a)the Regulation of Care (Scotland) Act 2001 (asp 8), and

(b)the Registration of Social Workers and Social Service Workers in Care Services (Scotland) Regulations 2013 (S.S.I. 2013/227).

Emergency volunteers

8Emergency volunteering leave

Schedule 7 makes provision for emergency volunteering leave.

9Compensation for emergency volunteers

(1)The Secretary of State must make arrangements for making payments to emergency volunteers by way of compensation—

(a)for loss of earnings;

(b)for travelling and subsistence.

(2)A person is entitled, in respect of acting as an emergency volunteer, to receive payments by way of compensation in accordance with arrangements made under this section.

(3)But a person is entitled to receive payments by way of compensation for loss of earnings only if, in consequence of acting as an emergency volunteer, the person has suffered a loss of earnings that the person would otherwise not have suffered.

(4)The arrangements made under subsection (1) may include—

(a)conditions that a person must satisfy in order to be entitled to receive payment by way of compensation;

(b)different provision for different cases;

(c)provision about the procedure for making a claim;

(d)provision about how the amount a person is entitled to claim is to be determined;

(e)provision about the manner in which payments are to be made by the Secretary of State;

(f)provision specifying limits on the amount that a person is entitled to claim.

(5)Sums required for the payment of compensation in accordance with this section are to be provided by the Secretary of State out of money provided by Parliament.

(6)The reference in subsection (1)(b) to payments by way of compensation for subsistence includes a reference to vouchers and other benefits which may be used to pay for subsistence, whether or not their use is subject to any limitations.

(7)The Secretary of State must—

(a)publish arrangements made under this section in such manner as the Secretary of State considers appropriate, and

(b)lay before Parliament a statement about arrangements made under this section, as soon as reasonably practicable after they are made.

(8)In this section a person is an “emergency volunteer” if an appropriate authority certifies that the person—

(a)has been approved by the authority as an emergency volunteer in health or social care, and

(b)has acted as an emergency volunteer in health or social care for a period for which emergency volunteering leave could have been taken (whether or not the person is entitled to take, or actually took, emergency volunteering leave).

(9)In this section “appropriate authority”, “emergency volunteering leave” and “health or social care” have the same meaning as in Schedule 7 (see paragraphs 4 and 31 of that Schedule).

Mental health and mental capacity

10Temporary modification of mental health and mental capacity legislation

(1)Schedule 8 contains temporary modifications of the Mental Health Act 1983, and related provision.

(2)Schedule 9 contains temporary modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), the Criminal Procedure (Scotland) Act 1995 and related subordinate legislation.

(3)Schedule 10 contains temporary modifications of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), and related provision.

(4)Schedule 11 contains temporary modifications of the Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I.)), and related provision.

Health service indemnification

11Indemnity for health service activity: England and Wales

(1)The appropriate authority may—

(a)indemnify a person in respect of a qualifying liability incurred by the person, or

(b)make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.

(2)References in this section to a qualifying liability are to a liability in tort, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.

(3)“Relevant service” means a service which is provided by a person as part of the health service and which—

(a)relates to—

(i)caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,

(ii)caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or

(iii)diagnosing or determining whether a person has been infected or contaminated,

(b)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the health service being unable to do so in consequence of providing a service within paragraph (a), or

(c)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the health service being unable to do so because of a reason relating to coronavirus.

(4)In a case within subsection (1)(a), any question relating to—

(a)whether a person has incurred a qualifying liability, or

(b)the amount of any payment by virtue of subsection (1),

is to be determined by the appropriate authority.

(5)In a case within subsection (1)(b)

(a)any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;

(b)any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.

(6)Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.

(7)In this section—

  • “the appropriate authority” means—

    (a)

    in relation to a relevant service provided as part of the English health service, the Secretary of State;

    (b)

    in relation to a relevant service provided as part of the Welsh health service, the Welsh Ministers;

  • “authorised person” means a person authorised by the appropriate authority;

  • “the health service” means the English health service or the Welsh health service;

  • “the English health service” means the health service continued under section 1(1) of the National Health Service Act 2006;

  • “the Welsh health service” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006.

12Indemnity for health service activity: Scotland

(1)The Scottish Ministers may—

(a)indemnify a person in respect of a qualifying liability incurred by the person, or

(b)make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.

(2)References in this section to a qualifying liability are to a liability in delict, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.

(3)“Relevant service” means a service which is provided by a person as part of the health service and which—

(a)relates to—

(i)caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,

(ii)caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or

(iii)diagnosing or determining whether a person has been infected or contaminated,

(b)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the health service being unable to do so in consequence of providing a service within paragraph (a), or

(c)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the health service being unable to do so because of a reason relating to coronavirus.

(4)In a case within subsection (1)(a), any question relating to—

(a)whether a person has incurred a qualifying liability, or

(b)the amount of any payment by virtue of subsection (1),

is to be determined by the Scottish Ministers.

(5)In a case within subsection (1)(b)

(a)any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;

(b)any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.

(6)Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.

(7)In this section—

  • “authorised person” means a person authorised by the Scottish Ministers;

  • “the health service” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978.

13Indemnity for health and social care activity: Northern Ireland

(1)The Department of Health may—

(a)indemnify a person in respect of a qualifying liability incurred by the person, or

(b)make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.

(2)References in this section to a qualifying liability are to a liability in tort, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.

(3)“Relevant service” means a service which is provided by a person as part of the system of health and social care and which—

(a)relates to—

(i)caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,

(ii)caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or

(iii)diagnosing or determining whether a person has been infected or contaminated,

(b)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the system of health and social care being unable to do so in consequence of providing a service within paragraph (a), or

(c)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the system of health and social care being unable to do so because of a reason relating to coronavirus.

(4)In a case within subsection (1)(a), any question relating to—

(a)whether a person has incurred a qualifying liability, or

(b)the amount of any payment by virtue of subsection (1),

is to be determined by the Department of Health.

(5)In a case within subsection (1)(b)

(a)any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;

(b)any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.

(6)Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.

(7)In this section—

NHS and local authority care and support

14NHS Continuing Healthcare assessments: England

(1)A relevant body does not have to comply with—

(a)the duty imposed by regulation 21(2)(a) of the 2012 Regulations (assessment of eligibility for NHS Continuing Healthcare), or

(b)the duty imposed by regulation 21(12) of those Regulations (duty to have regard to National Framework), so far as relating to the duty referred to in paragraph (a).

(2)Accordingly, regulation 28 of the 2012 Regulations (assessment of need for nursing care) applies only if a relevant body chooses to comply with the duty imposed by regulation 21(2)(a) of those Regulations.

(3)If, despite subsection (1)(a), an assessment of eligibility for NHS Continuing Healthcare is nevertheless carried out as mentioned in regulation 21(2)(a) of the 2012 Regulations, the relevant body must comply with the duty imposed by regulation 21(3) of those Regulations (duty to ensure assessment is carried out before certain other steps are taken).

(4)An NHS trust does not have to comply with—

(a)the duty imposed by direction 2(2) of the 2013 Directions (assessment of eligibility for NHS Continuing Healthcare), or

(b)the duty imposed by direction 2(10) of those Directions (duty to have regard to National Framework), so far as relating to the duty referred to in paragraph (a).

(5)If, despite subsection (4)(a), an assessment of eligibility for NHS Continuing Healthcare is nevertheless carried out as mentioned in direction 2(2) of the 2013 Directions, the NHS trust must take reasonable steps to ensure that it is carried out before the NHS trust gives notice as mentioned in direction 2(1) of those Directions.

(6)Subsections (1) and (4) apply in relation to duties arising before the commencement day as they apply in relation to duties arising on or after that day.

(7)In subsection (6) “the commencement day”, in relation to subsection (1) or (4), means—

(a)the day on which that subsection comes into force, or

(b)where on any day the operation of the subsection is revived by regulations under section 88(3), that day.

(8)Regulation 3 of the Care and Support (Discharge of Hospital Patients) Regulations 2014 (S.I. 2014/2823) (contents of assessment notice under paragraph 1(1) of Schedule 3 to the Care Act 2014) has effect as if paragraph (1)(f)(ii) were omitted.

(9)In this section—

  • “the 2012 Regulations” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996);

  • “the 2013 Directions” means the Delayed Discharges (Continuing Care) Directions 2013;

  • “NHS trust” means a National Health Service trust in England established under section 25 of the National Health Service Act 2006;

  • “relevant body” means—

    (a)

    a clinical commissioning group established under section 14D of that Act, or

    (b)

    the National Health Service Commissioning Board.

15Local authority care and support

Schedule 12 contains provision modifying the powers and duties of local authorities in England and Wales in relation to the provision of care and support.

16Duty of local authority to assess needs: Scotland

(1)A local authority need not comply with a provision mentioned in subsection (2) to the extent that the authority considers that—

(a)it would not be practical to comply with that provision, or

(b)to do so would cause unnecessary delay in providing community care services to any person.

(2)The provisions are—

(a)section 12A of the 1968 Act (duty of local authority to assess needs);

(b)section 1 of the 2013 Act (general principles regarding provision of social care), insofar as it relates to Part 2 of the 1968 Act.

(3)A local authority need not comply with a provision mentioned in subsection (4) to the extent that it considers that—

(a)it would not be practical to comply with that provision, or

(b)to do so would cause unnecessary delay in providing support to any person under section 24 of the 2016 Act (duty to provide support).

(4)The provisions are—

(a)section 6 of the 2016 Act (duty to prepare adult carer support plan);

(b)regulation 2(1) of the 2018 Regulations (identification of adult carer’s outcomes and needs for support);

(c)section 12 of the 2016 Act (duty to prepare young carer statement);

(d)regulation 3(1) of the 2018 Regulations (identification of young carer’s outcomes and needs for support);

(e)section 1 of the 2013 Act, insofar as it relates to Part 2 or 3 of the 2016 Act.

(5)Subsection (6) applies where, in reliance on subsection (3), a local authority does not comply with regulation 2(1) or 3(1) of the 2018 Regulations in relation to a person.

(6)Section 24 of the 2016 Act applies in relation to the person as if any reference in that section to a person’s identified needs were a reference to the person’s needs for support in order to enable the person to provide or continue to provide care for a cared-for person.

(7)A local authority need not comply with a provision mentioned in subsection (8) to the extent that the authority considers that—

(a)it would not be practical to comply with that provision, or

(b)to do so would cause unnecessary delay in providing services to any child under section 22(1) of the 1995 Act (promotion of welfare of children in need).

(8)The provisions are—

(a)section 23(3) of the 1995 Act (duty to assess needs of child affected by disability);

(b)section 1 of the 2013 Act, insofar as it relates to section 22 or 23 of the 1995 Act.

(9)A local authority need not comply with section 29(5) of the 1995 Act (duty to assess needs of person who was looked after by the authority) to the extent that the authority considers that—

(a)it would not be practical to comply with that provision, or

(b)to do so would cause unnecessary delay in providing advice, guidance or assistance to any person under section 29(1) or (5A) of the 1995 Act (after care for person who was looked after by the authority).

(10)Subsection (11) applies where, in reliance on subsection (9), a local authority does not carry out an assessment under section 29(5) of the 1995 Act in relation to a person who has made an application to the authority under section 29(2) of that Act.

(11)Section 29(5A) of the 1995 Act applies in relation to the person as if the authority had carried out the assessment.

(12)Subsection (1), (3), (7) or (9) applies in relation to a duty arising before the commencement day as it applies in relation to a duty arising on or after that day.

(13)In subsection (12), “the commencement day”, in relation to a subsection, means—

(a)the day on which the subsection comes into force, or

(b)where on any day the operation of the subsection is revived by regulations under section 88(3), that day.

(14)In this section and section 17—

  • “1968 Act” means the Social Work (Scotland) Act 1968;

  • “1995 Act” means the Children (Scotland) Act 1995;

  • “2013 Act” means the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1);

  • “2016 Act” means the Carers (Scotland) Act 2016 (asp 9);

  • “2018 Regulations” means the Carers (Scotland) Act 2016 (Adult Carers and Young Carers: Identification of Outcomes and Needs for Support) Regulations 2018 (S.S.I. 2018/109);

  • “cared-for person” is to be construed in accordance with section 1(1) of the 2016 Act;

  • “community care services” has the meaning given by section 12A(8) of the 1968 Act;

  • “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

17Section 16: further provision

(1)The Scottish Ministers may issue guidance to local authorities about the exercise of their functions under the following provisions in consequence of section 16—

(a)Part 2 of the 1968 Act;

(b)sections 22, 23 and 29 of the 1995 Act;

(c)sections 25, 26 and 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);

(d)section 1 of the 2013 Act;

(e)Parts 2 and 3 of the 2016 Act.

(2)A local authority—

(a)must have regard to any guidance issued under subsection (1);

(b)must comply with such guidance issued under subsection (1) as the Scottish Ministers direct;

(c)may disregard, so far as it is inconsistent with guidance issued under subsection (1)—

(i)any guidance issued under section 5(1) of the 1968 Act;

(ii)a code of practice published under section 274(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003.

(3)The Scottish Ministers may—

(a)from time to time revise any guidance issued under subsection (1);

(b)vary or revoke a direction made under subsection (2)(b).

(4)A local authority must not recover a charge under section 87 of the 1968 Act for—

(a)community care services provided to a person if, in reliance on section 16(1), the authority did not—

(i)comply with section 12A of the 1968 Act before providing the services, or

(ii)comply with section 1 of the 2013 Act in relation to the services;

(b)services provided to a child under section 22(1) of the 1995 Act if, in reliance on section 16(7), the authority did not—

(i)where the services were provided following a request being made to the authority in relation to the child under section 23(3) of the 1995 Act, assess the child’s needs for the services before providing them, or

(ii)comply with section 1 of the 2013 Act in relation to the services;

(c)advice, guidance or assistance provided to a person under section 29(1) or (5A) of the 1995 Act if, in reliance on section 16(9), the local authority did not carry out an assessment of the person’s needs under section 29(5) of that Act before providing the advice, guidance or assistance.

(5)For the purposes of subsection (4), a local authority did not—

(a)comply with a provision if it only partially complied with the provision;

(b)carry out an assessment if it only partially carried out the assessment.

(6)Nothing in subsection (4) prevents a local authority from recovering charges if—

(a)the authority provides—

(i)services in the circumstances described in paragraph (a) or (b) of subsection (4), or

(ii)advice, guidance or assistance in the circumstances described in paragraph (c) of that subsection,

(b)the authority subsequently complies with the provisions mentioned in paragraph (a), (b) or (c) of that subsection (as the case may be) in relation to the services or the advice, guidance or assistance, and

(c)the charges relate only to the period after the authority so complies.

(7)Subsection (8) applies where—

(a)a local authority provides accommodation to a person under Part 2 of the 1968 Act in the circumstances described in paragraph (a) of subsection (4),

(b)the authority subsequently complies with the provisions mentioned in that paragraph in relation to the provision of the accommodation, and

(c)after it complies with those provisions, the authority continues to provide the accommodation to the person.

(8)Despite subsections (4)(a) and (6), the authority may recover charges for the provision of the accommodation for any period—

(a)before the authority complied with the provisions mentioned in subsection (4)(a), and

(b)during which the person was a permanent resident.

(9)For the purposes of subsection (8), a person is a permanent resident if the person is expected to be provided with accommodation by the authority for a period of more than 52 weeks.

(10)Subsection (11) applies where—

(a)any provision of section 16 has had effect for a period, and

(b)that period has ended.

(11)In determining for the purposes of any proceedings whether a local authority has complied with any duty to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors—

(a)the length of any period for which any provision of section 16 had effect, and

(b)the number of relevant assessments which need to be carried out by the local authority following the end of any such period.

(12)In subsection (11), “relevant assessment” means—

(a)an assessment under—

(i)section 12A(1)(a) of the 1968 Act;

(ii)section 23(3) of the 1995 Act;

(iii)section 29(5) of the 1995 Act;

(b)the preparation of—

(i)an adult carer support plan under section 6 of the 2016 Act;

(ii)a young carer statement under section 12 of the 2016 Act.

Registration of deaths and still-births etc

18Registration of deaths and still-births etc

(1)Part 1 of Schedule 13 contains temporary modifications of legislation relating to the registration of deaths and still-births in England and Wales, and related provision.

(2)Part 2 of Schedule 13 contains temporary modifications of legislation relating to the registration of deaths and still-births in Scotland, and related provision.

(3)Part 3 of Schedule 13 contains temporary modifications of legislation relating to the registration of deaths and still-births in Northern Ireland, and related provision.

19Confirmatory medical certificate not required for cremations: England and Wales

(1)Regulation 16 of the Cremation (England and Wales) Regulations 2008 (S.I. 2008/2841) (which sets out preconditions for the cremation of the remains of a deceased person) has effect as if paragraph (1)(c)(i) did not require a confirmatory medical certificate to be given in accordance with regulation 17(2) of the Regulations.

(2)In relation to a case where regulation 16 has effect as mentioned in subsection (1), the Cremation (England and Wales) Regulations 2008 have effect with the following modifications.

(3)Regulation 2(1) (interpretation) has effect as if for the definition of “medical certificate” and “confirmatory medical certificate” there were substituted—

  • “medical certificate” is a reference to the certificate so named given in accordance with regulation 17(1);.

(4)Regulation 12 (supplementary powers of medical referee) has effect as if sub-paragraph (a) were omitted.

(5)Regulation 14(2)(b)(i) (forms) has effect as if the words “the confirmatory medical certificate,” were omitted.

(6)Regulation 17 (medical certificate and confirmatory medical certificate) has effect as if—

(a)in the heading the words “and confirmatory medical certificate” were omitted, and

(b)paragraphs (2) to (4) were omitted.

(7)Regulation 22 (right to inspect medical certificate and confirmatory medical certificate) has effect as if—

(a)in the heading the words “and confirmatory medical certificate” were omitted,

(b)in paragraph (1)(a)(i) the words “and confirmatory medical certificate” were omitted,

(c)in paragraph (1)(a)(ii) for “those certificates” there were substituted “that certificate”,

(d)in paragraph (2) the words “and confirmatory medical certificate” were omitted and for “those certificates” there were substituted “that certificate”,

(e)in paragraph (3)(a) the words “and confirmatory medical certificate” were omitted, and

(f)in paragraph (3)(b) for “such a” there were substituted “the”.

(8)Regulation 23 (authorisation of cremation of the remains of a deceased person by medical referee) has effect as if—

(a)in paragraph (1)(d)(ii) for “certificates have” there were substituted “a certificate has”,

(b)in paragraph (2) the words “and confirmatory medical certificate” were omitted.

(9)Regulation 24(4)(b) (medical referee not satisfied about the cause of death of the deceased person) has effect as if the words “or confirmatory medical certificate” were omitted.

(10)Regulation 33(2)(k) (register kept by registrar) has effect as if the words “and confirmatory medical certificate” were omitted.

(11)At the end of a period for which this section has effect, it continues to apply in relation to the cremation of the remains of a person who died during that period but whose remains have not been cremated unless, at the end of that period, a medical certificate has not been completed in relation to the deceased person for the purposes of regulation 16(1)(c)(i) of the Cremation (England and Wales) Regulations 2008.

20Review of cause of death certificates and cremations: Scotland

(1)Part 1 of Schedule 14 contains temporary modifications of legislation relating to the review of medical certificates of cause of death in Scotland, and related provision.

(2)Part 2 of Schedule 14 contains temporary modifications of legislation relating to cremation in Scotland, and related provision.

21Modifications of requirements regarding medical certificates for cremations: Northern Ireland

(1)The Cremation (Belfast) Regulations (Northern Ireland) 1961 (S.R. & O. (N.I.) 1961 No. 61) have effect with the following modifications.

(2)Regulation 10 (conditions to be met for cremations) has effect as if for paragraph (a) there were substituted—

(a)a certificate in Form B in the Schedule has been given by a registered medical practitioner who can certify definitely as to the cause of death; or.

(3)Regulation 12 (Medical Referee’s power to give certificates in Forms C and D) has effect as if the words “if he has personally investigated the cause of death to give a certificate in Form C, and” were omitted.

(4)In regulation 13 (duties of the Medical Referee)—

(a)paragraph (e) has effect as if the reference to “the medical certificates” did not include the confirmatory medical certificate (Form C);

(b)paragraph (f) has effect as if—

(i)the words “for which he had been seen and treated by a registered medical practitioner within twenty-eight days prior to his death” were omitted;

(ii)the reference to “the certificates” did not include the confirmatory medical certificate (Form C).

(5)Form A in the Schedule (application for cremation) has effect as if, at question 8(e), the words “for which he or she had been seen and treated by a registered medical practitioner within twenty-eight days prior to death” were omitted.

(6)Form B in the Schedule (certificate by registered medical practitioner) has effect as if—

(a)in the paragraph above question 1, the words “attended the deceased during his or her last illness and within twenty-eight days before death, and” were omitted;

(b)in question 7, at the beginning there were inserted “If you saw the deceased alive,”;

(c)in question 16(e), the words “for which he or she had been seen and treated by a registered medical practitioner within twenty-eight days prior to death” were omitted;

(d)in the certification after question 20, the words “for which he had been seen and treated by me within twenty-eight days prior to death” were omitted;

(e)in the Note at the end, for “the medical practitioner who is to give the confirmatory medical certificate on Form C” there were substituted “the Medical Referee”.

(7)At the end of a period for which this section has effect, it continues to apply in relation to the cremation of the remains of a person who died during that period but whose remains have not been cremated unless, at the end of that period, a certificate in Form B in the Schedule to the Cremation (Belfast) Regulations (Northern Ireland) 1961 has not been completed in relation to the deceased person for the purposes of regulation 10(a) of those Regulations.

Investigatory powers

22Appointment of temporary Judicial Commissioners

(1)The power in subsection (2) is exercisable if the Investigatory Powers Commissioner notifies the Secretary of State—

(a)that, as a result of the effects of coronavirus, there is a shortage of persons able to carry out functions conferred on Judicial Commissioners by—

(i)the Police Act 1997 (“the 1997 Act”),

(ii)the Regulation of Investigatory Powers Act 2000 and the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11) (“the 2000 Acts”), and

(iii)the Investigatory Powers Act 2016 (“the 2016 Act”), and

(b)that in the Commissioner’s opinion the power needs to be exercised in order to deal with that shortage.

(2)The Secretary of State may by regulations made by statutory instrument provide for the Investigatory Powers Commissioner to be able to appoint persons to carry out functions conferred on Judicial Commissioners by the 1997 Act, the 2000 Acts and the 2016 Act.

A person so appointed is referred to in this section as a “temporary Commissioner”.

(3)The regulations must provide that a temporary Commissioner may be appointed for one or more terms not exceeding six months each and not exceeding 12 months in total.

(4)The regulations may—

(a)provide for the 1997 Act, the 2000 Acts and the 2016 Act to apply in relation to temporary Commissioners with specified omissions or other modifications;

(b)make consequential, supplementary or transitional provision.

(5)The regulations need not reproduce the effect of section 227(4) to (6) of the 2016 Act (requirements for recommendations, consultation etc).

But they must require the Investigatory Powers Commissioner to notify the following persons of any appointment made under the regulations—

(a)the Prime Minister;

(b)the Secretary of State;

(c)the Lord Chancellor;

(d)the Lord Chief Justice of England and Wales;

(e)the Lord President of the Court of Session;

(f)the Lord Chief Justice of Northern Ireland.

(6)Subject to any provision made under subsection (4), a reference to a Judicial Commissioner in the 1997 Act, the 2000 Acts or the 2016 Act is to be read (so far as the context allows) as referring also to a temporary Commissioner.

(7)The regulations must provide for them to cease to have effect at the end of the period of 12 months beginning with the day on which they come into force.

(8)A person’s appointment as a temporary Commissioner comes to an end (if it has not already done so) when the regulations cease to have effect.

(9)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this section “Investigatory Powers Commissioner” has the meaning given in section 263(1) of the 2016 Act.

23Time limits in relation to urgent warrants etc under Investigatory Powers Act

(1)The power in subsection (2) is exercisable if the Investigatory Powers Commissioner notifies the Secretary of State that, in the Commissioner’s opinion, the power needs to be exercised in response to the effects that coronavirus is having, or is likely to have, on the capacity of Judicial Commissioners to carry out their functions.

(2)The Secretary of State may by regulations made by statutory instrument modify the Investigatory Powers Act 2016 so as to alter, for the purposes of any of the specified provisions of that Act (see subsection (3)), the length of a period referred to in that Act as “the relevant period”.

(3)The specified provisions are—

(a)sections 24(3), 109(3), 180(3) and 209(3) (period within which Judicial Commissioner must decide whether to approve decision to issue urgent warrant);

(b)sections 32(2)(a), 116(2)(a), 184(2)(a) and 213(2)(a) (period at end of which urgent warrant ceases to have effect);

(c)sections 33(5)(a), 117(5)(a), 185(3)(a) and 214(3)(a) (period during which urgent warrant may be renewed);

(d)sections 38(5), 122(5), 124(3), 147(3), 166(3), 188(3) and 217(3) (period within which Judicial Commissioner or other appropriate person must decide whether to approve decision to make urgent modification of warrant).

(4)A modification made by the regulations may not increase the length of a period so that it ends after the 12th working day after the day on which the warrant was issued or, as the case may be, the modification was made.

(5)The regulations may make consequential, supplementary or transitional provision.

(6)The regulations must provide for them to cease to have effect at the end of the period of 12 months beginning with the day on which they come into force.

(7)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)In this section—

  • “Investigatory Powers Commissioner” has the meaning given in section 263(1) of the Investigatory Powers Act 2016;

  • “Judicial Commissioner” has the meaning given in that section and also includes a person appointed under regulations made under section 22.

Fingerprints and DNA profiles

24Extension of time limits for retention of fingerprints and DNA profiles

(1)This section applies to fingerprints and DNA profiles that are retained—

(a)in accordance with a national security determination;

(b)under any of the following provisions—

(i)section 63F of the Police and Criminal Evidence Act 1984 (retention of section 63D material);

(ii)paragraph 20B or 20C of Schedule 8 to the Terrorism Act 2000 (retention of paragraph 20A material);

(iii)section 18A of the Counter-Terrorism Act 2008 (retention of section 18 material);

(iv)paragraph 8(2) of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (retention of paragraph 6 material);

other than fingerprints and DNA profiles that may be retained indefinitely under the provision in question;

(c)before being destroyed under—

(i)section 18(3) of the Criminal Procedure (Scotland) Act 1995 (destruction of relevant physical data);

(ii)Article 64(1BA) or (3), 64ZB(2), 64ZC(3), 64ZD(3), 64ZE(3), 64ZF(3), 64ZG(3), 64ZH(3), 64ZI(5) or 64ZJ of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (destruction of fingerprints and samples).

(2)The Secretary of State may make regulations extending, for up to six months, the period for which the fingerprints and DNA profiles may be retained.

(3)The Secretary of State may exercise the power under subsection (2) only if the Secretary of State considers that—

(a)coronavirus is having, or is likely to have, an adverse effect on the capacity of persons responsible for making national security determinations to consider whether to make, or renew, national security determinations, and

(b)it is in the interests of national security to retain the fingerprints or DNA profiles.

(4)The power under subsection (2) may be exercised on more than one occasion, but not so as to extend the period for which any fingerprints or DNA profile may be retained by more than 12 months in total.

(5)The power under subsection (2) may be exercised only in relation to fingerprints and DNA profiles which (ignoring the possibility of an extension otherwise than by regulations under that subsection) would need to be destroyed within the period of 12 months beginning with the day on which this Act is passed.

(6)Before making regulations under this section, the Secretary of State must consult the Commissioner for the Retention and Use of Biometric Material.

(7)If the Secretary of State has not exercised the power under subsection (2) before the end of the period of 3 months beginning with the day on which this Act is passed, this section ceases to have effect.

(8)Regulations under subsection (2) may—

(a)make different provision for different purposes;

(b)make consequential, supplementary or transitional provision.

(9)A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this section—

  • “DNA profile” means any information derived from any material that has come from a human body and consists of or includes human cells;

  • “fingerprints”, in relation to any person, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics of—

    (a)

    any of that person’s fingers, or

    (b)

    either of the person’s palms;

  • “national security determination” means a determination made or renewed under—

    (a)

    section 63M of the Police and Criminal Evidence Act 1984 (section 63D material retained for purposes of national security);

    (b)

    paragraph 20E of Schedule 8 to the Terrorism Act 2000 (paragraph 20A material retained for purposes of national security);

    (c)

    section 18B of the Counter-Terrorism Act 2008 (section 18 material retained for purposes of national security);

    (d)

    paragraph 11 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (paragraph 6 material retained for purposes of national security);

    (e)

    section 18G of the Criminal Procedure (Scotland) Act 1995 (certain material retained for purposes of national security);

    (f)

    paragraph 7 of Schedule 1 to the Protection of Freedoms Act 2012 (material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989 retained for purposes of national security);

    (g)

    Article 64ZK of the Police and Criminal Evidence (Northern Ireland) Order 1989 (Article 64 material retained for purposes of national security).

Food supply

25Power to require information relating to food supply chains

(1)An appropriate authority may, subject as follows, require—

(a)a person who is in a food supply chain, or

(b)a person who is closely connected with a food supply chain,

to provide relevant information to the authority.

(2)In subsection (1) “relevant information” means information about matters which relate to an activity of the person, where the activity is connected with the food supply chain mentioned in that subsection.

(3)An appropriate authority may require a person to provide information under this section only if the conditions in subsections (4) and (5) are met.

(4)The condition in this subsection is that the appropriate authority considers that the provision of the information is necessary (on its own or when put together with other information) for the purpose of establishing—

(a)whether the whole or part of a food supply chain is being disrupted or is at risk of disruption, or

(b)where a food supply chain is in the view of the appropriate authority being disrupted or at risk of disruption, the nature of the disruption.

(5)The condition in this subsection is that the appropriate authority has previously requested the person to provide the information (before or after the passing of this Act) and the person—

(a)has not done so, or

(b)has provided information that is false or misleading to a material extent.

(6)A requirement under this section may not be imposed on an individual.

(7)A requirement under this section must be in writing and must specify—

(a)how the information is to be provided (and may in particular specify the form in which and means by which it is to be provided), and

(b)when the information is to be provided (and may in particular specify the time or times at or before which it is to be provided).

26Authorities which may require information

(1)The following are appropriate authorities in relation to a requirement under section 25—

(a)the Secretary of State,

(b)the Scottish Ministers,

(c)the Welsh Ministers, and

(d)the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (“DAERA”).

(2)The Scottish Ministers may impose a requirement under section 25 only if, and to the extent that, an Act of the Scottish Parliament could have authorised the Scottish Ministers to impose the requirement.

(3)The Welsh Ministers may impose a requirement under section 25 only if, and to the extent that, provision of an Act of the National Assembly for Wales could have authorised the Welsh Ministers to impose the requirement (including any provision of such an Act that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(4)DAERA may impose a requirement under section 25 only if, and to the extent that, an Act of the Northern Ireland Assembly made without the Secretary of State’s consent could have authorised DAERA to impose the requirement.

(5)The Secretary of State may not impose a requirement under section 25 without the consent of an authority referred to in subsection (1)(b) to (d) (a “devolved authority”) if, and to the extent that, that authority could itself have imposed the requirement.

(6)Subsection (5) does not require the consent of a devolved authority to the extent that the activity to which the requirement relates is carried on outside the area of that authority.

(7)Where the Secretary of State imposes a requirement under section 25 with the consent of a devolved authority, the Secretary of State must disclose to that authority any information which—

(a)is provided in response to the requirement, and

(b)relates to the carrying on in the devolved authority’s area of the activity to which the requirement relates.

(8)For the purposes of this section—

(a)the Scottish Ministers’ area is Scotland,

(b)the Welsh Ministers’ area is Wales, and

(c)DAERA’s area is Northern Ireland.

27Restrictions on use and disclosure of information

(1)A person who holds information which has at any time been provided under section 25 may use it if, and only if, the use is for—

(a)the purpose referred to in section 25(4),

(b)the purpose of mitigating or eliminating the effects of disruption to a food supply chain, or

(c)the purpose of preventing or reducing the risk of future disruption to a food supply chain.

(2)A person who holds information which has at any time been provided under section 25 (“the holder”) may disclose it to another person (“the recipient”) if, and only if—

(a)the disclosure is for a purpose specified in subsection (1)(a) to (c),

(b)in a case where the holder is not a government authority, the disclosure is in accordance with the terms on which the information was disclosed to that person, and

(c)in a case where the recipient is not a government authority, the information is anonymised.

(3)Subsection (2) does not apply where the disclosure of information is required by section 26(7).

(4)A disclosure made in accordance with this Act does not breach any obligation of confidence owed by the person making the disclosure or any other restriction on the disclosure of information (however imposed).

(5)Personal data may not be used or disclosed under this section if the use or disclosure would contravene the data protection legislation (but in determining whether it would do so, take into account the powers conferred by subsections (1) and (2)).

(6)In this section—

  • “data protection legislation” and “personal data” have the same meanings as in the Data Protection Act 2018 (see section 3 of that Act);

  • “government authority” means—

    (a)

    a Minister of the Crown,

    (b)

    the Scottish Ministers,

    (c)

    the Welsh Ministers,

    (d)

    the First Minister of Northern Ireland, the deputy First Minister of Northern Ireland and any Northern Ireland Minister,

    (e)

    a Northern Ireland department, and

    (f)

    any other person exercising functions on behalf of the Crown.

(7)The provisions of this section bind the Crown.

28Enforcement of requirement to provide information

(1)This section applies if an appropriate authority which has imposed a requirement under section 25 is satisfied on the balance of probabilities that a person has, without reasonable excuse—

(a)failed to comply with the requirement, or

(b)provided information that is false or misleading to a material extent in response to the requirement.

(2)The authority may impose a financial penalty on the person in accordance with Schedule 15.

29Meaning of “food supply chain” and related expressions

(1)This section has effect for the purposes of sections 25 to 28.

(2)A “food supply chain” is a supply chain for providing individuals with items of food or drink for personal consumption, where the items consist of or include, or have been produced to any extent using—

(a)anything grown or otherwise produced in carrying on agriculture, or

(b)anything taken, grown or otherwise produced in carrying on fishing or aquaculture.

(3)The persons “in” a food supply chain are—

(a)the persons carrying on the agriculture, fishing or aquaculture (“producers”), and

(b)any persons in the supply chain between the producers and the individuals referred to in subsection (2) (“intermediaries”).

(4)The persons “closely connected” with a food supply chain are—

(a)persons supplying seeds, stock, equipment, feed, fertiliser, pesticides or similar items to producers for use in agriculture, fishing or aquaculture,

(b)persons providing goods or services to producers or intermediaries, where the goods or services relate to—

(i)the safety or quality of food or drink, or

(ii)the welfare of animals, and

(c)bodies representing persons in or closely connected with a food supply chain by virtue of the preceding provisions of this section.

(5)In this section—

  • “agriculture” includes any growing of plants, and any keeping of animals, for the production of food or drink;

  • “aquaculture” means the breeding, rearing, growing or cultivation of—

    (a)

    any fish or other aquatic animal,

    (b)

    seaweed or any other aquatic plant, or

    (c)

    any other aquatic organism;

  • “plants” includes fungi;

  • “seeds” includes bulbs and other things from which plants grow.

Inquests

30Suspension of requirement to hold inquest with jury: England and Wales

(1)For the purposes of section 7(2)(c) of the Coroners and Justice Act 2009 (requirement for inquest to be held with jury if senior coroner has reason to suspect death was caused by notifiable disease etc), COVID-19 is not a notifiable disease.

(2)This section applies to an inquest that is opened while this section is in force (regardless of the date of the death).

31Suspension of requirement to hold inquest with jury: Northern Ireland

(1)For the purposes of section 18(1)(c) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) (requirement for inquest to be held with jury if it appears to coroner that death was caused by notifiable disease), COVID-19 is not a disease that requires notice to be given.

(2)This section applies to an inquest that is opened while this section is in force (regardless of the date of the death).

32Deaths in custody from natural illness: Northern Ireland

(1)Subsection (2) applies if—

(a)an inquest is required to be held in pursuance of section 39(2) of the 1953 Act (death of a prisoner), and

(b)it appears to the coroner that the death was caused by natural illness.

(2)The coroner need not comply with the requirement in section 18(1) of the 1959 Act; and, accordingly, the coroner may proceed to hold or continue to hold the inquest without a jury.

(3)But if in any case to which subsection (2) applies it appears to the coroner, either before or in the course of an inquest begun without a jury, that it is desirable to summon a jury, the coroner may proceed to cause a jury to be summoned as if it were being summoned in accordance with section 18(1) of the 1959 Act.

(4)Section 13(2) of the 1959 Act has effect in relation to an inquest held without a jury in reliance on subsection (2) as if for the words from “Where more than” to “all the deaths so resulting” there were substituted “Where more than one inquest is required to be held in pursuance of section 39(2) of the 1953 Act and it appears to the coroner that all of the deaths were caused by natural illness and that one inquest ought to be held into them all,”.

(5)In this section—

Disclosure: Wales

33Disapplication etc by Welsh Ministers of DBS provisions

(1)The Welsh Ministers may by notice make provision—

(a)disapplying, for a specified period, a health DBS provision or a social care DBS provision;

(b)modifying, for a specified period, a health DBS provision or a social care DBS provision.

(2)For the purposes of subsection (1) a “health DBS provision” is a provision of regulations under section 22 of the Care Standards Act 2000 (regulation of establishments and agencies) which imposes requirements—

(a)as to the persons who are fit to work at an establishment in Wales or for the purposes of an agency in Wales, and

(b)which relate to the obtaining in relation to such persons of certificates or information from the Disclosure and Barring Service.

(3)For the purposes of subsection (1) a “social care DBS provision” is a provision of regulations under section 27 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (regulations about regulated services) which imposes requirements—

(a)as to the persons who are fit to work in a regulated service, and

(b)which relate to the obtaining in relation to such persons of certificates or information from the Disclosure and Barring Service.

(4)A notice under subsection (1) may limit the disapplication or modification of a health DBS provision or a social care DBS provision by reference to—

(a)a specified person or description of persons;

(b)a specified area;

(c)any other matter.

(5)A notice under subsection (1) must state why the Welsh Ministers consider that the issuing of the notice is an appropriate and proportionate action in all the circumstances relating to the incidence or transmission of coronavirus.

(6)The specified period in a notice under subsection (1) must not exceed one month.

(7)The Welsh Ministers may by notice (a “cancellation notice”) cancel a notice under subsection (1) with effect from the time specified in the cancellation notice.

(8)A cancellation notice may contain transitional or saving provision.

(9)Nothing in subsection (6) or (7) prevents the making of a further notice in relation to a health DBS provision or a social care DBS provision.

(10)Subject to subsection (11), the Welsh Ministers must—

(a)publish a notice under this section, and

(b)take such other steps as the Welsh Ministers consider reasonable to bring the notice to the attention of those persons likely to be affected by it.

(11)Where the notice relates to a person specified by name—

(a)the Welsh Ministers must give a copy of the notice to that person, and

(b)the published version of the notice must not identify any individual without their consent.

(12)In this section—

  • “the Disclosure and Barring Service” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;

  • “specified”, in relation to a notice under subsection (1), means specified in the notice.

(13)Expressions used in this section and in the Care Standards Act 2000 or the Regulation and Inspection of Social Care (Wales) Act 2016 have the same meaning as in that Act.

Disclosure: Scotland

34Temporary disapplication of disclosure offences: Scotland

(1)The Scottish Ministers may issue a direction that disapplies or modifies—

(a)section 35 of the 2007 Act (organisations not to use barred individuals for regulated work);

(b)section 36 of the 2007 Act (personnel suppliers not to supply barred individuals for regulated work).

(2)In this section and section 35, “the 2007 Act” means the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).

(3)A direction under subsection (1)

(a)may be of general application or specify particular persons or descriptions of persons to whom the direction applies;

(b)may be framed by reference to particular kinds of regulated work with children or protected adults (within the meaning of section 91 of the 2007 Act);

(c)may be framed by reference to any other matters the Scottish Ministers consider appropriate;

(d)may make different provision for different purposes;

(e)may make such other provision as the Scottish Ministers consider appropriate in connection with the giving of the direction.

(4)The Scottish Ministers must publish a direction under subsection (1).

(5)A direction under subsection (1) has effect—

(a)for the period specified in the direction, or

(b)until revoked by a further direction under that subsection.

35Power to reclassify certain disclosure requests: Scotland

(1)Where the Scottish Ministers receive a disclosure request under—

(a)section 52 of the 2007 Act for a scheme record, or

(b)section 53 of the 2007 Act for a short scheme record,

they may treat it as a disclosure request for a statement of scheme membership under section 54 of the 2007 Act.

(2)Where the fee for a disclosure request for a statement of scheme membership is lower than the fee for a disclosure request for a scheme record or for a short scheme record, the Scottish Ministers must refund the difference in the fees to the applicant.

Vaccinations: Scotland

36Vaccination and immunisation: Scotland

(1)Section 40 of the National Health Service (Scotland) Act 1978 (vaccination and immunisation) has effect as if—

(a)for subsection (1) there were substituted—

(1)The Scottish Ministers may make arrangements for the vaccination or immunisation of persons against any disease., and

(b)in subsection (3), for “medical practitioners” there were substituted “persons”.

(2)Article 4 of the Functions of Health Boards (Scotland) Order 1991 (S.I. 1991/570 (S. 55)) has effect as if for paragraph (g) there were substituted—

(g)the power of the Scottish Ministers under section 40 to make arrangements for the vaccination or immunisation of persons against any disease and to supply vaccines, sera or other preparations for such vaccination or immunisation;.

Schools, childcare providers etc

37Temporary closure of educational institutions and childcare premises

(1)Part 1 of Schedule 16 makes provision enabling the Secretary of State and the Welsh Ministers to give directions for the restriction of attendance at premises used for the provision of education or childcare.

(2)Part 2 of Schedule 16 makes provision enabling the Scottish Ministers to give directions to restrict access to schools and other educational premises.

(3)Part 3 of Schedule 16 makes provision enabling—

(a)the Department of Education in Northern Ireland to give directions requiring the temporary closure of schools;

(b)the Department for the Economy in Northern Ireland to give directions requiring the temporary closure of further and higher education institutions;

(c)the Department of Health in Northern Ireland to give directions requiring the temporary cessation of childcare provision.

38Temporary continuity: education, training and childcare

(1)Part 1 of Schedule 17 makes provision enabling the Secretary of State and the Welsh Ministers—

(a)to give directions requiring the provision, or continuing provision, of education, training and childcare;

(b)to give notices disapplying or modifying enactments.

(2)Part 2 of Schedule 17 makes provision enabling the Scottish Ministers to give directions requiring the provision, or continuing provision, of education and childcare.

(3)Part 3 of Schedule 17 makes provision enabling—

(a)the Department of Education in Northern Ireland and the Department for the Economy in Northern Ireland to give directions requiring the provision, or continuing provision, of education;

(b)the Department of Health in Northern Ireland to give directions requiring the provision, or continuing provision, of childcare;

(c)the Department of Education in Northern Ireland to give notices disapplying or modifying enactments.

Statutory sick pay

39Statutory sick pay: funding of employers’ liabilities

(1)The Social Security Contributions and Benefits Act 1992 has effect as if after section 159A there were inserted—

159BFunding of employers’ statutory sick pay liabilities in relation to coronavirus

(1)The Commissioners for Her Majesty’s Revenue and Customs may by regulations make provision for the payment by employers of statutory sick pay in respect of incapacity for work related to coronavirus to be funded by Her Majesty’s Revenue and Customs to such extent and in such manner as may be prescribed.

(2)Regulations under subsection (1) may—

(a)make provision for a person who has made a payment of statutory sick pay in respect of an employee whose incapacity for work is related to coronavirus to be entitled, except in prescribed circumstances, to recover some or all of that payment;

(b)include provision for a person who has made a payment of statutory sick pay in respect of an employee whose incapacity for work is related to coronavirus to be entitled, except in prescribed circumstances, to recover an additional amount, determined in such manner as may be prescribed.

(3)Regulations under subsection (1) may make provision about when an employee’s incapacity for work is related to coronavirus.

(4)Regulations under subsection (1) may, in particular, make provision—

(a)for funding in advance as well as in arrear;

(b)for funding, or the recovery of amounts due under provision made by virtue of subsection (2)(b), by means of deductions from such amounts for which employers are accountable to Her Majesty’s Revenue and Customs as may be prescribed, or otherwise;

(c)for the recovery by Her Majesty’s Revenue and Customs of any sums overpaid to employers under the regulations.

(5)Where in accordance with any provision of regulations under subsection (1) an amount has been deducted from an employer’s contributions payments, the amount so deducted is (except in such cases as may be prescribed) to be treated for the purposes of any provision made by or under any enactment in relation to primary or secondary Class 1 contributions—

(a)as having been paid (on such date as may be determined in accordance with the regulations), and

(b)as having been received by Her Majesty’s Revenue and Customs,

towards discharging the employer’s liability in respect of such contributions.

(6)Regulations under subsection (1) may make provision—

(a)about the procedure for an employer to make a claim under those regulations;

(b)about the determination of claims by Her Majesty’s Revenue and Customs;

(c)requiring an employer to keep records in relation to payments of statutory sick pay in respect of incapacity for work related to coronavirus.

(7)Regulations under subsection (1) may have retrospective effect in relation to a day of incapacity for work that falls on or after 13 March 2020.

(8)In this section—

  • “contributions payments”, in relation to an employer, means any payments which the employer is required, by or under any enactment, to make in discharge of any liability in respect of primary or secondary Class 1 contributions;

  • “coronavirus” means severe acute respiratory syndrome coronavirus 2.

(9)Regulations under subsection (1) must be made with the concurrence of the Secretary of State.

(2)The Social Security Administration Act 1992 has effect as if in section 113A (statutory sick pay and statutory maternity pay: breach of regulations)—

(a)in subsection (1)(c), after “153(5)(b)” there were inserted “or 159B”;

(b)in subsection (3), after “132” there were inserted “of this Act, or section 159B of the Contributions and Benefits Act”.

(3)The Social Security Administration Act 1992 has effect as if in section 113B (statutory sick pay and statutory maternity pay: fraud and negligence)—

(a)in subsection (1)(b)(iii), after “153(5)(b)” there were inserted “or 159B”;

(b)after subsection (2) there were inserted—

(2A)Where an employer fraudulently or negligently receives a payment in pursuance of regulations under section 159B of the Contributions and Benefits Act (funding of employers’ statutory sick pay liabilities in relation to coronavirus), the employer is liable to a penalty not exceeding £3,000.

40Statutory sick pay: power to disapply waiting period limitation

(1)The Secretary of State may by regulations make provision disapplying section 155(1) of the Social Security Contributions and Benefits Act 1992 in relation to an employee whose incapacity for work is related to coronavirus.

(2)Regulations under subsection (1) may make provision about when an employee’s incapacity for work is related to coronavirus.

(3)Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992 applies to regulations made under subsection (1) as if that subsection were contained in that Act.

(4)Regulations under subsection (1) may have retrospective effect in relation to a day of incapacity for work that falls on or after 13 March 2020.

(5)In this section “employee” and “incapacity for work” have the same meaning as in Part 11 of the Social Security Contributions and Benefits Act 1992.

(6)Regulations under subsection (1) are to be made by statutory instrument.

(7)A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

41Statutory sick pay: modification of regulation making powers

(1)The Social Security Contributions and Benefits Act 1992 has effect as if in section 151 (employer’s liability for statutory sick pay), after subsection (4) there were inserted—

(4A)Regulations under subsection (4) may make provision about whether an employee is deemed to be incapable (as referred to in that subsection) in relation to severe acute respiratory syndrome coronavirus 2 by reference to guidance or any other document published by Public Health England, NHS National Services Scotland, the Public Health Wales National Health Service Trust or any other person specified in the regulations as that guidance or other document is amended from time to time.

(2)The Social Security Contributions and Benefits Act 1992 has effect as if in section 175 (regulations), after subsection (5) there were inserted—

(5A)But regulations under—

(a)section 151(4) in relation to severe acute respiratory syndrome coronavirus 2, or

(b)section 159B,

may provide for a person to exercise a discretion in dealing with any matter under those regulations.

42Statutory sick pay: funding of employers’ liabilities: Northern Ireland

(1)The Social Security Contributions and Benefits (Northern Ireland) Act 1992 has effect as if after section 155A there were inserted—

155BFunding of employers’ statutory sick pay liabilities in relation to coronavirus

(1)The Commissioners for Her Majesty’s Revenue and Customs may by regulations make provision for the payment by employers of statutory sick pay in respect of incapacity for work related to coronavirus to be funded by Her Majesty’s Revenue and Customs to such extent and in such manner as may be prescribed.

(2)Regulations under subsection (1) may—

(a)make provision for a person who has made a payment of statutory sick pay in respect of an employee whose incapacity for work is related to coronavirus to be entitled, except in prescribed circumstances, to recover some or all of that payment;

(b)include provision for a person who has made a payment of statutory sick pay in respect of an employee whose incapacity for work is related to coronavirus to be entitled, except in prescribed circumstances, to recover an additional amount, determined in such manner as may be prescribed.

(3)Regulations under subsection (1) may make provision about when an employee’s incapacity for work is related to coronavirus.

(4)Regulations under subsection (1) may, in particular, make provision—

(a)for funding in advance as well as in arrear;

(b)for funding, or the recovery of amounts due under provision made by virtue of subsection (2)(b), by means of deductions from such amounts for which employers are accountable to Her Majesty’s Revenue and Customs as may be prescribed, or otherwise;

(c)for the recovery by Her Majesty’s Revenue and Customs of any sums overpaid to employers under the regulations.

(5)Where in accordance with any provision of regulations under subsection (1) an amount has been deducted from an employer’s contributions payments, the amount so deducted is (except in such cases as may be prescribed) to be treated for the purposes of any provision made by or under any statutory provision in relation to primary or secondary Class 1 contributions—

(a)as having been paid (on such date as may be determined in accordance with the regulations), and

(b)as having been received by Her Majesty’s Revenue and Customs,

towards discharging the employer’s liability in respect of such contributions.

(6)Regulations under subsection (1) may make provision—

(a)about the procedure for an employer to make a claim under those regulations;

(b)about the determination of claims by Her Majesty’s Revenue and Customs;

(c)requiring an employer to keep records in relation to payments of statutory sick pay in respect of incapacity for work related to coronavirus.

(7)Regulations under subsection (1) may have retrospective effect in relation to a day of incapacity for work that falls on or after 13 March 2020.

(8)In this section—

  • “contributions payments”, in relation to an employer, means any payments which the employer is required, by or under any statutory provision, to make in discharge of any liability in respect of primary or secondary Class 1 contributions;

  • “coronavirus” means severe acute respiratory syndrome coronavirus 2;

  • “prescribed” means specified in or determined in accordance with regulations made under subsection (1).

(9)Regulations under subsection (1) must be made with the concurrence of the Secretary of State.

(2)The Social Security Administration (Northern Ireland) Act 1992 has effect as if in section 107A (statutory sick pay and statutory maternity pay: breach of regulations)—

(a)in subsection (1)(c), after “149(5)(b)” there were inserted “or 155B”;

(b)in subsection (3), after “124” there were inserted “of this Act, or section 155B of the Contributions and Benefits Act”.

(3)The Social Security Administration (Northern Ireland) Act 1992 has effect as if in section 107B (statutory sick pay and statutory maternity pay: fraud and negligence)—

(a)in subsection (1)(b)(iii), after “149(5)(b)” there were inserted “or 155B”;

(b)after subsection (2) there were inserted—

(2A)Where an employer fraudulently or negligently receives a payment in pursuance of regulations under section 155B of the Contributions and Benefits Act (funding of employers’ statutory sick pay liabilities in relation to coronavirus), the employer is liable to a penalty not exceeding £3,000.

43Statutory sick pay: power to disapply waiting period limitation: Northern Ireland

(1)The Secretary of State may by regulations make provision disapplying section 151(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 in relation to an employee whose incapacity for work is related to coronavirus.

(2)Regulations under subsection (1) may make provision about when an employee’s incapacity for work is related to coronavirus.

(3)Section 171(3) to (5) and (10) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 applies to regulations made under subsection (1) as if that subsection were contained in that Act.

(4)Regulations under subsection (1) may have retrospective effect in relation to a day of incapacity for work that falls on or after 13 March 2020.

(5)In this section “employee” and “incapacity for work” have the same meaning as in Part 11 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

(6)A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

44Statutory sick pay: modification of regulation making powers: Northern Ireland

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 has effect as if—

(a)in section 147 (employer’s liability for statutory sick pay), after subsection (4) there were inserted—

(4A)Regulations under subsection (4) may make provision about whether an employee is deemed to be incapable (as referred to in that subsection) in relation to severe acute respiratory syndrome coronavirus 2 by reference to guidance or any other document published by the Regional Agency for Public Health and Social Well-being, Public Health England, NHS National Services Scotland, the Public Health Wales National Health Service Trust or any other person specified in the regulations as that guidance or other document is amended from time to time.;

(b)in section 171 (regulations), after subsection (5) there were inserted—

(5A)But regulations under—

(a)section 147(4) in relation to severe acute respiratory syndrome coronavirus 2, or

(b)section 155B,

may provide for a person to exercise a discretion in dealing with any matter under those regulations.

Pensions

45NHS pension schemes: suspension of restrictions on return to work: England and Wales

(1)The National Health Service Pension Scheme Regulations 1995 (S.I. 1995/300) have effect as if—

(a)regulation S1 (suspension of pension on return to NHS employment) were omitted, and

(b)in the opening words of regulation S2(3) (reduction of pension on return to NHS employment) the words “or (c)” were omitted.

(2)The National Health Service Pension Regulations 2008 (S.I. 2008/653) have effect as if the following regulations were omitted—

(a)regulation 2.D.6(2)(a) (abatement of pension following increase in pensionable pay), and

(b)regulation 3.D.6(2)(a) (abatement of pension following increase in engagement in employment).

(3)The National Health Service Pension Regulations 2015 (S.I. 2015/94) have effect as if regulation 86(3) (abatement of pension following continuation of employment) were omitted.

46NHS pension schemes: suspension of restrictions on return to work: Scotland

(1)The National Health Service Superannuation Scheme (Scotland) Regulations 2011 (S.S.I. 2011/117) have effect as if—

(a)regulation S1 (suspension of pension on return to NHS employment) were omitted, and

(b)in the opening words of regulation S2(4) (reduction of pension on return to NHS employment) the words “or (c)” were omitted.

(2)The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 (S.S.I. 2013/174) have effect as if the following regulations were omitted—

(a)regulation 2.D.6(2)(a) (abatement of pension following increase in pensionable pay), and

(b)regulation 3.D.6(2)(a) (abatement of pension following increase in engagement in employment).

(3)The National Health Service Pension Scheme (Scotland) Regulations 2015 (S.S.I. 2015/94) have effect as if regulation 85(3) (abatement of pension following continuation of employment) were omitted.

47Health and social care pension schemes: suspension of restrictions on return to work: Northern Ireland

(1)The Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 (S.R. (N.I.) 1995 No.95) have effect as if—

(a)regulation 84 (suspension of pension on return to HPSS employment) were omitted, and

(b)in the opening words of regulation 85(3) (reduction of pension on return to HPSS employment) the words “or (c)” were omitted.

(2)The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. (N.I.) 2008 No.256) have effect as if the following regulations were omitted—

(a)regulation 50(2)(a) (abatement of pension following increase in pensionable pay), and

(b)regulation 181(2)(a) (abatement of pension following increase in engagement in employment).

(3)The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No.120) have effect as if regulation 85(3) (abatement of pension following continuation of employment) were omitted.

Protection of public health

48Powers to act for the protection of public health: Northern Ireland

Schedule 18 contains temporary modifications of the Public Health Act (Northern Ireland) 1967.

49Health protection regulations: Scotland

Schedule 19 contains provision enabling the Scottish Ministers to make regulations for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Scotland (whether from risks originating there or elsewhere).

Power to suspend port operations

50Power to suspend port operations

Schedule 20 confers power on the Secretary of State in relation to the suspension of port operations.

Powers relating to potentially infectious persons

51Powers relating to potentially infectious persons

Schedule 21 confers powers relating to potentially infectious persons and makes related provision.

Powers relating to events, gatherings and premises

52Powers to issue directions relating to events, gatherings and premises

Schedule 22 confers powers to issue directions in relation to events, gatherings and premises.

Courts and tribunals: use of video and audio technology

53Expansion of availability of live links in criminal proceedings

Schedule 23 contains temporary modifications of—

(a)the Criminal Justice Act 2003,

(b)the Criminal Appeal Act 1968, and

(c)the Criminal Justice Act 1988.

54Expansion of availability of live links in other criminal hearings

Schedule 24 contains temporary modifications of—

(a)the Crime and Disorder Act 1998,

(b)the Extradition Act 2003,

(c)the Police and Criminal Evidence Act 1984,

(d)the Prosecution of Offences Act 1985, and

(e)the Serious Organised Crime and Police Act 2005.

55Public participation in proceedings conducted by video or audio

Schedule 25 contains temporary modifications of—

(a)the Courts Act 2003, and

(b)the Tribunals, Courts and Enforcement Act 2007.

56Live links in magistrates’ court appeals against requirements or restrictions imposed on a potentially infectious person

Schedule 26 contains temporary modifications of the Magistrates’ Courts Act 1980.

57Use of live links in legal proceedings: Northern Ireland

Schedule 27 makes provision for, and in connection with, the use of live links in proceedings in courts and tribunals in Northern Ireland.

Powers in relation to bodies

58Powers in relation to transportation, storage and disposal of dead bodies etc

Schedule 28 confers powers to facilitate the transportation, storage and disposal of dead bodies and human remains.

Postponement of elections, referendums, recall petitions and canvass

59Elections and referendums due to be held in England in period after 15 March 2020

(1)This section applies to the poll for a relevant election or relevant referendum if the poll—

(a)is required to be held on a day falling within the period beginning with 16 March 2020 and ending with the day 30 days after that on which this Act is passed, but

(b)is not held in that period.

(2)Section 39 of the 1983 Act (local elections void etc) does not apply, and is treated as never having applied, in relation to the poll.

(3)Section 63 of that Act (breach of official duty) does not apply, and is treated as never having applied, in relation to any act or omission in connection with the poll.

(4)In determining for the purpose of this section whether a poll has been held, postal votes are to be ignored.

(5)This section does not affect the application of section 39 or 63 of the 1983 Act in relation to a poll the date for which is determined by virtue of section 61 (power to postpone).

(6)In this section—

  • “the 1983 Act” means the Representation of the People Act 1983;

  • “local government area” has the same meaning as in the 1983 Act (see section 203(1) of that Act);

  • “relevant election” means an election of a councillor for any local government area in England to fill a casual vacancy;

  • “relevant referendum” means a referendum under or by virtue of Schedule 4B to the Town and Country Planning Act 1990 (referendums on neighbourhood development plans).

60Postponement of elections due to be held on 7 May 2020

Local government

(1)The poll for the ordinary election of councillors for any local government area in England that would otherwise be held on the ordinary day of election in 2020 is to be held instead on the ordinary day of election in 2021.

(2)A councillor who would otherwise, pursuant to section 7 or 16 of the Local Government Act 1972 (elections of councillors), retire on the fourth day after the ordinary day of election in 2020 is instead to retire on the fourth day after the ordinary day of election in 2021; and the councillor’s term of office is extended accordingly.

(3)A councillor who—

(a)is returned at an election the poll for which is held on the ordinary day of election in 2021, and

(b)fills a vacancy arising as a result of the expiry of a term of office extended under subsection (2),

is (notwithstanding section 7 or 16 of the Local Government Act 1972) to retire on the fourth day after the ordinary day of election in 2024; and the councillor’s term of office is reduced accordingly.

(4)In determining under section 7(3) or (9)(c) of the Local Government Act 1972 which councillors are to retire in accordance with that provision on the fourth day after the ordinary day of election in 2021, councillors who retire in accordance with subsection (2) of this section are to be ignored.

(5)In subsections (1) to (4)

(a)“local government area” has the same meaning as in the Representation of the People Act 1983 (see section 203(1) of that Act);

(b)a reference to the ordinary day of election in a year is to the ordinary day of election of councillors in that year determined under section 37 of that Act (ordinary day of local elections in England).

The Mayor of London and the London Assembly

(6)The poll for the ordinary election that would otherwise, pursuant to section 3(2) of the Greater London Authority Act 1999 (time of ordinary election for the Mayor of London and the London Assembly), be held on 7 May 2020 is to be held instead on 6 May 2021.

(7)The postponement of that ordinary election is to be ignored in determining the years in which subsequent ordinary elections are to be held.

Elected mayors of local authorities

(8)The poll for the election of any elected mayor that would otherwise, pursuant to regulations under section 9HB of the Local Government Act 2000 (time of elections etc), be held on 7 May 2020 is to be held instead on 6 May 2021.

(9)The postponement under subsection (8) of an election is to be ignored in determining the years in which subsequent elections of elected mayors are to be held.

Elected mayors of combined authorities

(10)The poll for the election of any mayor that would otherwise, pursuant to an order under Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009, be held on 7 May 2020 is to be held instead on 6 May 2021.

(11)The postponement under subsection (10) of an election is to be ignored in determining the years in which subsequent elections of mayors are to be held.

Police and crime commissioners

(12)The ordinary election that would otherwise, pursuant to section 50(1) of the Police Reform and Social Responsibility Act 2011 (ordinary election of police and crime commissioners), be held in 2020 is to be held instead in 2021.

(13)The postponement of that ordinary election is to be ignored in determining the years in which subsequent ordinary elections are to be held.

61Power to postpone certain other elections and referendums

(1)The Secretary of State or the Minister for the Cabinet Office may, by regulations made by statutory instrument, provide—

(a)that the poll for a relevant election or a relevant referendum is to be held on such date, or within such period, as is specified in the regulations;

(b)that polls for relevant elections or relevant referendums that would otherwise be required to be held on dates that fall within a period specified in the regulations are instead to be held on such later date, or within such period, as is specified in the regulations.

(2)For the purposes of this section an election or referendum is “relevant” if—

(a)the date of the poll for the election or the referendum falls within the period beginning with 16 March 2020 and ending with 5 May 2021, and

(b)subsection (3) or (4) applies to it.

(3)This subsection applies to—

(a)an election of a councillor for any local government area in England to fill a casual vacancy;

(b)a local election in Northern Ireland to fill a casual vacancy;

(c)an election to fill a casual vacancy in respect of a constituency member of the Greater London Assembly;

(d)an election to fill a vacancy in the office of the Mayor of London;

(e)an election to fill a casual vacancy in the office of an elected mayor under Part 1A of the Local Government Act 2000;

(f)an election to fill a vacancy in the office of a mayor for the area of a combined authority under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;

(g)an election to fill a vacancy in the office of a police and crime commissioner for a police area.

(4)This subsection applies to—

(a)a poll under section 116 of the Local Government Act 2003 (local polls);

(b)a referendum under section 9MB of the Local Government Act 2000 (referendums on governance arrangements);

(c)a referendum by virtue of section 9MC of the Local Government Act 2000 (referendums following petition);

(d)a referendum under section 52ZG or 52ZN of the Local Government Finance Act 1992 (referendums in relation to council tax);

(e)a referendum under or by virtue of Schedule 4B to the Town and Country Planning Act 1990 (referendums on neighbourhood development plans).

(5)Regulations under subsection (1) must not specify—

(a)a date later than 6 May 2021, or

(b)a period ending later than 6 May 2021.

(6)The power to make regulations under subsection (1) may be exercised more than once in respect of any relevant election or relevant referendum.

(7)Regulations under subsection (1) may make provision by reference to relevant elections or relevant referendums of a description specified in the regulations (for example, by reference to the nature, date or location of the elections or referendums).

(8)The power to make regulations under subsection (1) is capable of being exercised so as to amend, repeal or revoke any enactment.

In this subsection “enactment” has the same meaning as in section 92.

(9)A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this section—

  • “local election” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962 (see section 130(1) of that Act);

  • “local government area” has the same meaning as in the Representation of the People Act 1983 (see section 203(1) of that Act).

62Power to postpone a recall petition under the Recall of MPs Act 2015

(1)In relation to a Speaker’s notice received by a petition officer in the period beginning with the day on which this Act is passed and ending with 21 April 2021, section 7 of the 2015 Act (where and from when a recall petition may be signed) has effect as if for subsection (4) there were substituted—

(4)The petition officer must designate under subsection (1)(b)—

(a)a working day that falls no later than 6 May 2021, or

(b)if it is not reasonably practicable to designate such a day, the first subsequent working day that it is reasonably practicable to designate.

(2)The Secretary of State or the Minister for the Cabinet Office may, by regulations made by statutory instrument, provide that the designated day for a relevant recall petition is postponed until a date specified in the regulations.

(3)For the purposes of this section a recall petition is “relevant” if the day designated in relation to it under section 7(1)(b) of the 2015 Act (date from which petition may be signed) falls within the period beginning with the day on which this Act is passed and ending with 5 May 2021.

(4)The date specified in regulations under subsection (2) must be no later than 6 May 2021.

(5)The power to make regulations under subsection (2) may be exercised more than once in respect of any relevant recall petition.

(6)A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section—

  • “the 2015 Act” means the Recall of MPs Act 2015;

  • “the designated day” has the same meaning as in the 2015 Act (see section 7(5) of that Act);

  • “petition officer” has the same meaning as in the 2015 Act (see section 6(2) of that Act);

  • “recall petition” has the same meaning as in the 2015 Act (see section 1(2) of that Act);

  • “Speaker’s notice” has the same meaning as in the 2015 Act (see section 5(7) of that Act).

63Power to make supplementary etc provision

(1)The Secretary of State or the Minister for the Cabinet Office may, by regulations made by statutory instrument, make consequential, supplementary, incidental, transitional or saving provision in connection with sections 60 to 62 or regulations made under them.

(2)Regulations under subsection (1) may, in particular, make provision about—

(a)acts or omissions in connection with an election, referendum or recall petition prior to its postponement (including provision disapplying any enactment imposing criminal liability in respect of such acts or omissions);

(b)things that have yet to be done in connection with an election, referendum or recall petition prior to its postponement;

(c)the conduct of elections, referendums or recall petitions that have been postponed or steps to be taken in respect of such elections, referendums or recall petitions;

(d)the manner of voting in elections or referendums, or of signing of recall petitions, that have been postponed;

(e)the terms of office of incumbent office-holders or those elected at a postponed election;

(f)the nomination of candidates;

(g)expenses incurred in relation to elections or referendums by persons other than local authorities (including the expenses of candidates);

(h)compensation for local authorities or candidates incurring additional expenditure as a result of this Act;

(i)the membership or governance arrangements of a local authority in relation to which an order has been made under section 7 of the Local Government and Public Involvement in Health Act 2007 (implementation of structural changes proposals), the membership or governance arrangements of any shadow authority established under such an order, or any other matter dealt with in such an order.

(3)Regulations under subsection (1) may make retrospective provision, including provision having effect in relation to times before the coming into force of this Act.

(4)The power to make regulations under subsection (1) is capable of being exercised so as to amend, repeal or revoke any enactment.

In this subsection “enactment” has the same meaning as in section 92.

(5)A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

64Northern Ireland: timing of canvass and Assembly by-elections

(1)Section 10ZA of the Representation of the People Act 1983 (Northern Ireland: timing of the canvass) is amended in accordance with subsections (2) and (3).

(2)In subsection (1)—

(a)after paragraph (a) insert—

(aa)the year 2021;

(ab)the year 2030;;

(b)in paragraph (b), for “2010” substitute “2030”.

(3)In subsection (4)—

(a)omit paragraph (b) (including the “and” at the end);

(b)after paragraph (c) insert—

(d)2021,

(e)2030, and

(f)every tenth year following 2030.

(4)Subsection (5) applies if, at any time during the relevant period, Article 7(2) of the 2001 Order requires the Chief Electoral Officer for Northern Ireland to set a date as the date of the poll for an Assembly by-election.

(5)Before setting the date, the Chief Electoral Officer must consult the Secretary of State.

(6)In subsection (4)—

  • “the relevant period” means the period beginning with the date on which this Act is passed and ending with 1 February 2021;

  • “the 2001 Order” means the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599).

Postponement of elections: Wales

65Elections due to be held in Wales in period after 15 March 2020

(1)This section applies to the poll for a relevant election if the poll—

(a)is required to be held on a day falling within the period beginning with 16 March 2020 and ending with the day 30 days after that on which this Act is passed, but

(b)is not held in that period.

(2)Section 39 of the 1983 Act (local elections void etc) does not apply, and is treated as never having applied, in relation to the poll.

(3)Section 63 of that Act (breach of official duty) does not apply, and is treated as never having applied, in relation to any act or omission in connection with the poll.

(4)In determining for the purpose of this section whether a poll has been held, postal votes are to be ignored.

(5)This section does not affect the application of section 39 or 63 of the 1983 Act in relation to a poll the date for which is determined by virtue of section 67 (power to postpone).

(6)In this section—

  • “the 1983 Act” means the Representation of the People Act 1983;

  • “relevant election” means an election to fill a casual vacancy in the office of councillor in a county council, county borough council or community council in Wales.

66Postponement of National Assembly for Wales elections for constituency vacancies

(1)This section applies where under section 10 of the Government of Wales Act 2006 (“the 2006 Act”), an election is to be held to fill a vacant seat of a constituency member (“the election”).

(2)The Presiding Officer may, where a date has been fixed for the poll for the election, fix a later date (which may be outwith the period required under section 10(5) or (6) of the 2006 Act).

(3)The Presiding Officer must fix a date under subsection (2) for the poll for the election to be held as soon as reasonably practicable.

(4)The power under subsection (2)—

(a)may be exercised more than once,

(b)may not be exercised so as to fix a date for the poll for the election that is within the period mentioned in 10(7) of the 2006 Act, and

(c)may not be exercised so as to fix a date after 6 May 2021.

(5)Before exercising the power under subsection (2), the Presiding Officer must consult the Welsh Ministers.

67Power to postpone local authority elections in Wales for casual vacancies

(1)The Welsh Ministers may, by regulations made by statutory instrument, provide—

(a)that the poll for a relevant election is to be held on such date, or within such period, as is specified in the regulations;

(b)that polls for relevant elections that would otherwise be required to be held on dates that fall within a period specified in the regulations are instead to be held on such later date, or within such period, as is specified in the regulations.

(2)For the purposes of this section an election is “relevant” if—

(a)the date of the poll for the election falls within the period beginning with 16 March 2020 and ending with 5 May 2021, and

(b)it is an election to fill a casual vacancy in the office of councillor in a county council, county borough council or community council in Wales.

(3)Regulations under subsection (1) must not specify—

(a)a date later than 6 May 2021, or

(b)a period ending later than 6 May 2021.

(4)The power to make regulations under subsection (1) may be exercised more than once in respect of any relevant election.

(5)Regulations under subsection (1) may make provision by reference to relevant elections of a description specified in the regulations (for example, by reference to the nature, date or location of the elections).

(6)The power to make regulations under subsection (1) is capable of being exercised so as to amend or repeal a provision of an Act of Parliament or of an Act or Measure of the National Assembly for Wales.

(7)A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

68Power to make supplementary etc provision

(1)The Welsh Ministers may, by regulations made by statutory instrument, make consequential, supplementary, incidental, transitional or saving provision in connection with section 66 or regulations made under section 67.

(2)Regulations under subsection (1) may, in particular, make provision about—

(a)acts or omissions in connection with an election prior to its postponement (including provision disapplying any enactment imposing criminal liability in respect of such acts or omissions);

(b)things that have yet to be done in connection with an election prior to its postponement;

(c)the conduct of elections that have been postponed or steps to be taken in respect of such elections;

(d)the manner of voting in elections that have been postponed;

(e)the terms of office of incumbent office-holders or those elected at a postponed election;

(f)the nomination of candidates;

(g)expenses incurred in relation to elections by persons other than local authorities (including the expenses of candidates);

(h)compensation for local authorities or candidates incurring additional expenditure as a result of the Act.

(3)Regulations under subsection (1) may make retrospective provision, including provision having effect in relation to times before the coming into force of this Act.

(4)The power to make regulations under subsection (1) is capable of being exercised so as to amend or repeal a provision of an Act of Parliament or of an Act or Measure of the National Assembly for Wales.

(5)A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Postponement of elections: Scotland

69Postponement of Scottish Parliament elections for constituency vacancies

(1)This section applies where under section 9 of the Scotland Act 1998 (“the 1998 Act”), an election is to be held to fill a vacant seat of a constituency member (“the election”).

(2)The Presiding Officer may—

(a)where a date has been fixed for the poll for the election, fix a later date (which may be outwith the period required under section 9(3) of the 1998 Act), or

(b)where no such date has been fixed, fix a date for the poll that is outwith that period.

(3)The Presiding Officer must fix a date under subsection (2) for the poll at the election to be held as soon as reasonably practicable.

(4)The Presiding Officer must notify the constituency returning officer for the election of the date fixed for the poll under subsection (2) in the same manner as if it had been fixed under section 9 of the 1998 Act.

(5)The power under subsection (2)

(a)may be exercised more than once,

(b)may not be exercised so as to fix a date for the poll at the election that is within the period mentioned in section 9(4) of the 1998 Act, and

(c)may not be exercised so as to fix a date after 6 May 2021.

(6)Before exercising the power under subsection (2), the Presiding Officer must consult—

(a)the Scottish Ministers, and

(b)the convener of the Electoral Management Board for Scotland.

(7)Subsection (8) applies where—

(a)notice of the date for the poll for the election has been published under Part 1 of Schedule 2 to the Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425) (“the 2015 Order”), and

(b)under subsection (2)(a), the Presiding Officer fixes a later date for the poll (“the new date”).

(8)The constituency returning officer must—

(a)publish a notice stating that the date has changed, and

(b)comply with the requirements of Part 1 of Schedule 2 to the 2015 Order as if the new date had just been fixed under section 9 of the 1998 Act.

(9)In this section “constituency returning officer” has the same meaning as in the 2015 Order.

70Postponement of local authority elections in Scotland for casual vacancies

(1)This section applies where under section 37 of the Local Government (Scotland) Act 1973 (“the 1973 Act”), an election is to be held to fill a casual vacancy in the office of councillor in a local authority (“the election”).

(2)The returning officer may—

(a)where a date has been fixed for the poll for the election, fix a later date (which may be outwith the period required under section 37(1) of the 1973 Act), or

(b)where no such date has been fixed, fix a date for the poll that is outwith that period.

(3)The returning officer must fix a date under subsection (2) for the poll at the election to be held as soon as reasonably practicable.

(4)The power under subsection (2)

(a)may be exercised more than once,

(b)may not be exercised so as to fix a date for the poll at the election that is within the period mentioned in subsection (2) of section 37 of the 1973 Act, unless the holding of the election within that period is permitted under that subsection, and

(c)may not be exercised so as to fix a date after 6 May 2021.

(5)Before exercising the power under subsection (2), the returning officer must consult—

(a)the Scottish Ministers, and

(b)the convener of the Electoral Management Board for Scotland.

(6)Subsection (7) applies where—

(a)notice of the date for the poll for the election has been published under Part 1 of Schedule 1 to the Scottish Local Government Elections Order 2011 (S.S.I. 2011/399) (“the 2011 Order”), and

(b)under subsection (2)(a), the returning officer fixes a later date for the poll (“the new date”).

(7)The returning officer must—

(a)publish a notice stating that the date has changed, and

(b)comply with the requirements of Part 1 of Schedule 1 to the 2011 Order as if the new date had just been fixed under section 37 of the 1973 Act.

(8)In this section—

  • “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and “area” in relation to a local authority means the local government area for which the authority is constituted;

  • “returning officer”, in relation to a local authority, means an officer appointed by the local authority under section 41(1) of the Representation of the People Act 1983.

Other administrative requirements

71Signatures of Treasury Commissioners

(1)Section 1 of the Treasury Instruments (Signature) Act 1849 (instruments etc required to be signed by the Commissioners of the Treasury) has effect as if the reference to two or more of the Commissioners of Her Majesty’s Treasury were to one or more of the Commissioners.

(2)For the purposes of that reference, a Minister of the Crown in the Treasury who is not a Commissioner of Her Majesty’s Treasury is to be treated as if the Minister were a Commissioner of Her Majesty’s Treasury.

National Insurance Contributions

72Power under section 143 of the Social Security Administration Act 1992

(1)This section applies to an order made under section 143 of the Social Security Administration Act 1992 (power to alter contributions) if—

(a)it is made on or after 19 March 2020 and before the end of the period of 2 years beginning with the day on which this Act is passed, and

(b)it does not increase a figure referred to in section 143(1) or (3) of that Act above the figure that would apply on 6 April 2020, ignoring the effect of any order made under section 143 or 145 of that Act on or after 19 March 2020.

(2)Section 143(1) of that Act has effect in relation to an order to which this section applies as if the words from “with a view” to “future period” were omitted.

(3)Section 143(4)(a) of that Act (no increase above 0.25%) does not apply to an order to which this section applies.

(4)Section 144 of that Act (requirement to lay report and orders not to have effect before next tax year) does not apply to an order to which this section applies.

(5)Section 190(1) of that Act (affirmative procedure for certain orders) does not apply in relation to an order to which this section applies (and accordingly such an order is subject to annulment in pursuance of a resolution of either House of Parliament).

73Power under section 145 of the Social Security Administration Act 1992

(1)This section applies to an order made under section 145 of the Social Security Administration Act 1992 (power to alter primary and secondary contributions) if—

(a)it is made on or after 19 March 2020 and before the end of the period of 2 years beginning with the day on which this Act is passed, and

(b)it does not increase a rate or figure referred to in section 145(1), (2) or (4) of that Act above the rate or figure that would apply on 6 April 2020, ignoring the effect of any order made under section 143 or 145 of that Act on or after 19 March 2020.

(2)Section 145(3) of that Act (no increase above 0.25%) does not apply to an order to which this section applies.

(3)Subsections (2) to (5) of section 147 of that Act (requirement to lay report and coming into force and effect of order) do not apply to an order to which this section applies.

(4)Section 190(1) of that Act (affirmative procedure for certain orders) does not apply in relation to an order to which this section applies (and accordingly such an order is subject to annulment in pursuance of a resolution of either House of Parliament).

74Power under section 5 of the National Insurance Contributions Act 2014

(1)This section applies to regulations under section 5 of the National Insurance Contributions Act 2014 (power to amend the employment allowance provisions) made on or after 19 March 2020 and before the end of the period of 2 years beginning with the day on which this Act is passed.

(2)Section 5(5) to (9) of that Act (Parliamentary procedure) does not apply to such regulations but a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

(3)But subsection (2) does not apply to regulations falling within section 5(1)(a) of that Act which decrease a person’s employment allowance for a tax year below £4,000 (accordingly, section 5(5) of that Act continues to apply to a statutory instrument containing such regulations).

Financial assistance for industry

75Disapplication of limit under section 8 of the Industrial Development Act 1982

(1)Financial assistance provided under section 8 of the Industrial Development Act 1982 (general power to give selective financial assistance to industry) is not to count towards the limit set by subsections (4) and (5) of that section if the assistance has been designated under subsection (2) as “coronavirus-related”.

(2)The providing authority may make that designation if it appears to the authority that the assistance is provided (wholly or to a significant degree) for the purpose of preventing, reducing, or compensating for any effect or anticipated effect (direct or indirect) of coronavirus or coronavirus disease.

“The providing authority” means whichever of the Secretary of State, the Scottish Ministers or the Welsh Ministers provides the assistance.

(3)As soon as reasonably practicable after the end of any quarter in which assistance designated as coronavirus-related is provided by the Secretary of State, the Secretary of State must lay before Parliament a report stating the amount of, and containing such other details as the Secretary of State considers appropriate about—

(a)the designated assistance provided by the Secretary of State in that quarter, and

(b)all designated assistance provided by the Secretary of State from the time when this section came into force until the end of that quarter.

“Quarter” means a period of three months ending at the end of March, June, September or December.

HMRC functions

76HMRC functions

Her Majesty’s Revenue and Customs are to have such functions as the Treasury may direct in relation to coronavirus or coronavirus disease.

Up-rating of working tax credit etc

77Up-rating of working tax credit etc

(1)In the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (S.I. 2002/2005), in the table in Schedule 2 (maximum rates of the elements of a working tax credit), item 1 (basic element) has effect in relation to the tax year 2020-21 as if the amount specified in the second column (maximum annual rate) were £3,040.

(2)The modification made by subsection (1) does not apply for the purposes of any annual review carried out in accordance with section 41 of the Tax Credits Act 2002.

(3)Where a sum mentioned in section 150(1) of the Social Security Administration Act 1992 (annual review in relation to up-rating of benefits) is modified in relation to the tax year 2020-21 for purposes connected with coronavirus or coronavirus disease, the modification does not apply for the purposes of any annual review carried out in accordance with that section.

Local authority meetings

78Local authority meetings

(1)The relevant national authority may by regulations make provision relating to—

(a)requirements to hold local authority meetings;

(b)the times at or by which, periods within which, or frequency with which, local authority meetings are to be held;

(c)the places at which local authority meetings are to be held;

(d)the manner in which persons may attend, speak at, vote in, or otherwise participate in, local authority meetings;

(e)public admission and access to local authority meetings;

(f)the places at which, and manner in which, documents relating to local authority meetings are to be open to inspection by, or otherwise available to, members of the public.

(2)The provision which may be made by virtue of subsection (1)(d) includes in particular provision for persons to attend, speak at, vote in, or otherwise participate in, local authority meetings without all of the persons, or without any of the persons, being together in the same place.

(3)The regulations may make provision only in relation to local authority meetings required to be held, or held, before 7 May 2021.

(4)The power to make regulations under this section includes power—

(a)to disapply or modify any provision of an enactment or subordinate legislation;

(b)to make different provision for different purposes;

(c)to make consequential, supplementary, incidental, transitional or saving provision.

(5)In this section the “relevant national authority” means—

(a)in relation to local authorities in England, the Secretary of State;

(b)in relation to local authorities in Wales, the Welsh Ministers;

(c)in relation to local authorities in Northern Ireland, the Department for Communities in Northern Ireland.

(6)In this section “local authority meeting” means a meeting of—

(a)a local authority;

(b)an executive of a local authority (within the meaning of Part 1A or 2 of the Local Government Act 2000 or Part 6 of the Local Government Act (Northern Ireland) 2014);

(c)a joint committee of two or more local authorities;

(d)a committee or sub-committee of anything within paragraphs (a) to (c).

(7)In this section “local authority”, in relation to England, means—

(a)a county council;

(b)a district council;

(c)a London borough council;

(d)the Common Council of the City of London;

(e)the Greater London Authority;

(f)the Council of the Isles of Scilly;

(g)a parish council;

(h)a joint board continued in being by virtue of section 263(1) of the Local Government Act 1972;

(i)a port health authority constituted under section 2 of the Public Health (Control of Disease) Act 1984;

(j)an authority established under section 10 of the Local Government Act 1985;

(k)a joint authority established under Part 4 of the Local Government Act 1985;

(l)a joint committee constituted to be a local planning authority under section 29 of the Planning and Compulsory Purchase Act 2004;

(m)a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

(n)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, or created by an order under section 4A of that Act;

(o)a National Park authority established under section 63 of the Environment Act 1995;

(p)the Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 1988;

(q)a conservation board established under section 86 of the Countryside and Rights of Way Act 2000;

(r)an appeal panel constituted under the School Admissions (Appeals Arrangements) (England) Regulations 2012 (S.I. 2012/9).

(8)In this section “local authority”, in relation to Wales, means—

(a)a county council;

(b)a county borough council;

(c)a community council;

(d)a joint board continued in being by virtue of section 263(1) of the Local Government Act 1972;

(e)a port health authority constituted under section 2 of the Public Health (Control of Disease) Act 1984;

(f)a joint committee constituted to be a local planning authority under section 29 of the Planning and Compulsory Purchase Act 2004;

(g)a strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004;

(h)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

(i)a National Park authority established under section 63 of the Environment Act 1995;

(j)an appeal panel constituted under the Education (Admission Appeals Arrangements) (Wales) Regulations 2005 (S.I. 2005/1398).

(9)In this section “local authority”, in relation to Northern Ireland, means a district council.

(10)In this section—

  • “enactment” includes—

    (a)

    an enactment comprised in an Act or Measure of the National Assembly for Wales;

    (b)

    an enactment comprised in Northern Ireland legislation;

  • “subordinate legislation” means—

    (a)

    subordinate legislation within the meaning of the Interpretation Act 1978;

    (b)

    an instrument made under an Act or Measure of the National Assembly for Wales;

    (c)

    an instrument made under Northern Ireland legislation.

(11)Regulations under this section made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.

(12)A statutory instrument containing regulations under this section made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

(13)A statutory instrument containing regulations under this section made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(14)The power of the Department for Communities in Northern Ireland to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(15)Regulations under this section made by the Department for Communities in Northern Ireland are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Business improvement districts

79Extension of BID arrangements: England

(1)This section applies to BID arrangements if—

(a)they are in force on the day on which this Act is passed, and

(b)the period specified in the arrangements as the period for which they are in force is due to end on a date (“the 2020 expiry date”) that is on or before 31 December 2020.

(2)But this section does not apply to BID arrangements (“current BID arrangements”) if—

(a)a ballot under section 49(1) of the Local Government Act 2003 (“the 2003 Act”) has taken place before the day on which this Act is passed, and—

(i)the business improvement district for the BID arrangements proposed in the ballot is the same or substantially the same as the business improvement district for which the current BID arrangements are in force, and

(ii)the date for the coming into force of the proposed BID arrangements is after the day on which this Act is passed, or

(b)a ballot under section 54(2) of the 2003 Act for the renewal of the current BID arrangements has taken place before the day on which this Act is passed.

(3)BID arrangements to which this section applies are to be read as if—

(a)the period specified in the arrangements as the period for which they are in force ended on 31 March 2021,

(b)the arrangements specified a chargeable period beginning on the day after the 2020 expiry date and ending on 31 March 2021 (“the 2021 chargeable period”),

(c)the arrangements provided for the amount of BID levy chargeable for the 2021 chargeable period—

(i)to be calculated in the same manner as for the last 2020 chargeable period, and

(ii)to be apportioned on a just and reasonable basis, where the 2021 chargeable period is not the same length as the last 2020 chargeable period, and

(d)the description of non-domestic ratepayers specified in the arrangements as liable for BID levy for the 2021 chargeable period were the same as that specified for the last 2020 chargeable period.

(4)“The last 2020 chargeable period” is the last chargeable period specified in the BID arrangements to end on or before the 2020 expiry date.

(5)The requirement in section 54(1) of the 2003 Act that the period for which BID arrangements have effect may not exceed 5 years does not apply to BID arrangements to which this section applies.

(6)Nothing in this section prevents the termination or alteration of BID arrangements in accordance with regulations under section 54(4) of the 2003 Act.

(7)Expressions used in this section and in Part 4 of the 2003 Act have the same meaning in this section as they have in that Part.

(8)This section binds the Crown.

(9)This section does not apply in relation to Wales.

80Extension of BID arrangements: Northern Ireland

(1)This section applies to BID arrangements if—

(a)they are in force on the day on which this Act is passed, and

(b)the period specified in the arrangements as the period for which they are in force is due to end on a date (“the 2020 expiry date”) that is on or before 31 December 2020.

(2)BID arrangements to which this section applies are to be read as if—

(a)the period specified in the arrangements as the period for which they are in force ended on 31 March 2021,

(b)there were a chargeable period in relation to the arrangements beginning on the day after the 2020 expiry date and ending on 31 March 2021 (“the 2021 chargeable period”),

(c)the arrangements provided for the amount of BID levy chargeable for the 2021 chargeable period—

(i)to be calculated in the same manner as for the last 2020 chargeable period, and

(ii)to be apportioned on a just and reasonable basis, where the 2021 chargeable period is not the same length as the last 2020 chargeable period, and

(d)the description of eligible ratepayers liable for BID levy in relation to the arrangements for the 2021 chargeable period were the same as that for the last 2020 chargeable period.

(3)“The last 2020 chargeable period” is the last chargeable period in relation to the BID arrangements to end on or before the 2020 expiry date.

(4)The requirement in section 16(1) of the Business Improvement Districts Act (Northern Ireland) 2013 (c. 5 (N. I.)) (“the 2013 Act”) that the period for which BID arrangements have effect may not exceed 5 years does not apply to BID arrangements to which this section applies.

(5)Nothing in this section prevents the termination or alteration of BID arrangements in accordance with regulations under section 16(4) of the 2013 Act.

(6)Expressions used in this section and in the 2013 Act have the same meaning in this section as they have in that Act.

(7)This section binds the Crown.

Residential tenancies: protection from eviction

81Residential tenancies in England and Wales: protection from eviction

Schedule 29 makes provision about notice periods in relation to possession proceedings in respect of certain residential tenancies etc.

Business tenancies: protection from forfeiture etc

82Business tenancies in England and Wales: protection from forfeiture etc

(1)A right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent may not be enforced, by action or otherwise, during the relevant period.

(2)During the relevant period, no conduct by or on behalf of a landlord, other than giving an express waiver in writing, is to be regarded as waiving a right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent.

(3)Subsections (4) to (6) apply in relation to any proceedings in the High Court commenced before the relevant period to enforce a right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent.

(4)Any order made by the High Court during the relevant period to the effect that possession of the property comprised in the relevant business tenancy is to be given to the landlord must ensure that the tenant does not have to give possession of the property to the landlord before the end of the relevant period.

(5)Subsection (6) applies where—

(a)the High Court has made an order which would otherwise have the effect of requiring possession of the property comprised in the relevant business tenancy to be given to the landlord during the relevant period unless the tenant complies with some requirement before a time falling within that period, and

(b)before possession is given to the landlord in accordance with the order, the tenant applies to vary the order.

(6)In dealing with the application, the High Court must ensure that the tenant does not have to give possession of the property to the landlord before the end of the relevant period.

(7)Subsections (8) to (10) apply in relation to any proceedings in the county court commenced before the relevant period to enforce a right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent.

(8)The county court may not make an order, during the relevant period, under section 138(3) of the County Courts Act 1984 which specifies a period that expires before the end of the day which is the last day of the relevant period when the order is made.

(9)Subsection (10) applies where—

(a)the period specified in an order made, before or during the relevant period, under section 138(3) of the County Courts Act 1984, or

(b)the period so specified as extended, or in accordance with subsection (10) treated as extended, under section 138(4) of that Act,

would otherwise expire during the relevant period.

(10)The period mentioned in paragraph (a) or (as the case may be) (b) of subsection (9) is to be treated as extended, under section 138(4) of that Act, so that it expires at the end of the relevant period.

(11)For the purposes of determining whether the ground mentioned in section 30(1)(b) of the Landlord and Tenant Act 1954 (persistent delay in paying rent which has become due) is established in relation to a relevant business tenancy, any failure to pay rent under that tenancy during the relevant period (whether rent due before or in that period) is to be disregarded.

(12)In this section—

  • “relevant business tenancy” means —

    (a)

    a tenancy to which Part 2 of the Landlord and Tenant Act 1954 applies, or

    (b)

    a tenancy to which that Part of that Act would apply if any relevant occupier were the tenant;

  • “relevant national authority” means—

    (a)

    in relation to England, the Secretary of State, and

    (b)

    in relation to Wales, the Welsh Ministers;

  • “relevant occupier”, in relation to a tenancy, means a person, other than the tenant, who lawfully occupies premises which are, or form part of, the property comprised in the tenancy;

  • “relevant period” means the period—

    (a)

    beginning with the day after the day on which this Act is passed, and

    (b)

    ending with 30 June 2020 or such later date as may be specified by the relevant national authority in regulations made by statutory instrument (and that power may be exercised on more than one occasion so as to further extend the period);

  • “rent” includes any sum a tenant is liable to pay under a relevant business tenancy.

(13)A statutory instrument containing regulations of the Secretary of State under subsection (12) is subject to annulment in pursuance of a resolution of either House of Parliament.

(14)A statutory instrument containing regulations of the Welsh Ministers under subsection (12) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

83Business tenancies in Northern Ireland: protection from forfeiture etc

(1)A right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent may not be enforced, by action or otherwise, during the relevant period.

(2)During the relevant period, no conduct by or on behalf of a landlord, other than giving an express waiver in writing, is to be regarded as waiving a right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent.

(3)Subsections (4) and (5) apply in relation to any proceedings commenced in any court before the relevant period to enforce a right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent.

(4)During the relevant period, the court may not make an order in pursuance of the right of re-entry or forfeiture to the effect that possession of the property comprised in the tenancy is to be given to the landlord before the end of the last day of the relevant period when the order is made.

(5)Where a court has, before or during the relevant period, made an order in pursuance of the right of re-entry or forfeiture to the effect that possession of the property comprised in the tenancy is to be given to the landlord before the end of the last day of the relevant period the order is to be treated as if it specified that the land is to be delivered up immediately after the end of the relevant period.

(6)For the purposes of determining whether the ground mentioned in Article 12(1)(b) of the Business Tenancies (Northern Ireland) Order 1996 (S.I. 1996/725 (N.I. 5)) (persistent delay in paying rent which has become due) is established in relation to a relevant business tenancy, any failure to pay rent under that tenancy during the relevant period (whether rent due before or in that period) is to be disregarded.

(7)In this section—

  • “court” means the county court or the High Court;

  • “relevant business tenancy” means—

    (a)

    a tenancy to which the Business Tenancies (Northern Ireland) Order 1996 (S.I. 1996/725 (N.I. 5)) applies, or

    (b)

    a tenancy to which that Order would apply if any relevant occupier were the tenant;

  • “relevant occupier”, in relation to a tenancy, means a person, other than the tenant, who lawfully occupies premises which are, or form part of, the property comprised in the tenancy;

  • “relevant period” means the period—

    (a)

    beginning with the day after the day on which this Act is passed, and

    (b)

    ending with 30 June 2020 or such later date as may be specified in regulations made by the Department of Finance in Northern Ireland (and that power may be exercised on more than one occasion so as to further extend the period);

  • “rent” includes any sum a tenant is liable to pay under a relevant business tenancy.

(8)The power to make regulations under subsection (7) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(9)Regulations under subsection (7) are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

General Synod of the Church of England

84Postponement of General Synod elections

(1)Her Majesty may by Order in Council, at the joint request of the Archbishops of Canterbury and York, postpone to the date specified in the Order the date on which the Convocations of Canterbury and York stand dissolved for the purposes of the Church of England Convocations Act 1966.

(2)Section 1 of that Act is, accordingly, to be read subject to provision made by an Order under this section.

(3)If either of the Archbishops is unable to exercise the power to join in making a request under subsection (1), or if the see of either of the Archbishops is vacant, the power may be exercised by the senior bishop of the province, with seniority for that purpose being determined in accordance with section 10(4) of the Bishops (Retirement) Measure 1986.

(4)An Order under this section may make consequential, supplementary, incidental, transitional or saving provision.

PART 2Final provisions

85Interpretation

In this Act “Minister of the Crown” means the holder of an office in Her Majesty’s Government in the United Kingdom.

86Financial provision

(1)There is to be paid out of money provided by Parliament—

(a)any expenditure which is incurred by a Minister of the Crown, government department or other public authority by virtue of this Act,

(b)any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided, and

(c)any other expenditure which is incurred by a Minister of the Crown, government department or other public authority in connection with the making of payments, or the giving of financial assistance to a person (whether directly or indirectly), as a result of coronavirus or coronavirus disease.

(2)In subsection (1)(c)

(a)the reference to expenditure includes expenditure incurred before or after the passing of this Act, and

(b)“financial assistance” includes assistance provided by way of grant, loan, guarantee or indemnity, and any other kind of financial assistance (actual or contingent).

87Commencement

(1)This Act comes into force on the day on which this Act is passed, subject to subsection (2).

(2)The following provisions of this Act come into force on such day as a Minister of the Crown may by regulations appoint, subject to subsections (3) to (9)

(a)section 8 (and Schedule 7);

(b)section 9;

(c)section 10 (and Schedules 8, 9, 10 and 11);

(d)section 15 (and Schedule 12);

(e)section 16;

(f)section 17;

(g)section 18 (and Schedule 13);

(h)section 19;

(i)section 21;

(j)sections 25 to 29 (and Schedule 15).

(3)In the case of provision made by regulations under subsection (2) which could also be made by an authority under subsection (4), (6) or (8), a Minister of the Crown may not make the provision without the authority’s consent.

(4)If the condition in subsection (5) is met, the Welsh Ministers may by regulations provide that a provision of this Act to which subsection (2) applies comes into force, so far as it extends to England and Wales and applies in relation to Wales, on a day appointed by the regulations.

(5)The condition is that, so far as it extends to England and Wales and applies in relation to Wales, the provision would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(6)If the condition in subsection (7) is met, the Scottish Ministers may by regulations provide that a provision of this Act to which subsection (2) applies comes into force so far as it extends to Scotland on a day appointed by the regulations.

(7)The condition is that, so far as it extends to Scotland, the provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(8)If the condition in subsection (9) is met, a Northern Ireland department may by order provide that a provision of this Act to which subsection (2) applies comes into force so far as it extends to Northern Ireland on a day appointed by the order.

(9)The condition is that the provision, so far as it extends to Northern Ireland—

(a)would be within the legislative competence of the Northern Ireland Assembly, and

(b)would not require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

(10)Different days may be appointed under subsection (2), (4), (6) or (8) for different purposes or areas.

(11)A Minister of the Crown may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act, subject as follows.

(12)In the case of provision made by regulations under subsection (11) which could also be made by an authority under any of subsections (13) to (15), a Minister of the Crown may not make the provision without the authority’s consent.

(13)The Welsh Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force in relation to Wales of a provision of this Act if the Welsh Ministers—

(a)have the power to bring the provision into force in relation to Wales by virtue of subsection (4) (whether or not it has been brought into force), or

(b)would have that power if the provision were listed in subsection (2).

(14)The Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force in relation to Scotland of a provision of this Act if the Scottish Ministers—

(a)have the power to bring the provision into force in relation to Scotland by virtue of subsection (6) (whether or not it has been brought into force), or

(b)would have that power if the provision were listed in subsection (2).

(15)A Northern Ireland department may by order make transitional, transitory or saving provision in connection with the coming into force in relation to Northern Ireland of any provision of this Act if a Northern Ireland department—

(a)has the power to bring the provision into force in relation to Northern Ireland by virtue of subsection (8) (whether or not it has been brought into force), or

(b)would have that power if the provision were listed in subsection (2).

(16)Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(17)Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

88Power to suspend and revive provisions of this Act

(1)A relevant national authority may by regulations suspend the operation of any provision of this Act.

(2)Section 16(1) of the Interpretation Act 1978 applies in relation to the suspension of a provision of this Act by regulations under subsection (1) as if the provision had been repealed by an Act.

(3)A relevant national authority may by regulations revive the operation of a provision of this Act suspended by regulations under subsection (1).

(4)The power in subsection (1) and the power in subsection (3) may be exercised more than once in relation to the same provision.

(5)Regulations under this section—

(a)may make different provision for different purposes or areas;

(b)may make transitional, transitory or saving provision.

(6)References in this section to a provision of this Act do not include—

(a)section 1;

(b)section 2 (and Schedule 1);

(c)section 5 and Schedule 4 so far as they—

(i)make provision about a person who has been registered in the register of pharmaceutical chemists or against whose name in that register an annotation has been recorded, or

(ii)make provision for or in connection with the revocation of a person’s registration or the removal of an annotation;

(d)section 6(a) and paragraph 1 of Schedule 5 so far as they—

(i)make provision about a person who has been registered in any register by virtue of that Schedule, or

(ii)make provision for or in connection with the revocation of a person’s registration;

(e)section 6(b) (and paragraph 2 of Schedule 5);

(f)sections 11, 12 and 13;

(g)section 17;

(h)section 19(11);

(i)section 21(7);

(j)section 34;

(k)section 35;

(l)section 36;

(m)section 37(2) (and Part 2 of Schedule 16);

(n)section 38(2) (and Part 2 of Schedule 17);

(o)section 45;

(p)section 46;

(q)section 47;

(r)section 48 (and Schedule 18);

(s)section 49 (and Schedule 19);

(t)section 50 (and Schedule 20);

(u)section 51 (and Schedule 21);

(v)section 52 (and Schedule 22);

(w)sections 59 to 70;

(x)sections 72 to 74;

(y)section 75;

(z)a provision of this Part;

(z1)Parts 2 to 5 of Schedule 7, and section 8 so far as relating to those Parts;

(z2)Part 3 of Schedule 8, and section 10(1) and Part 1 of that Schedule so far as relating to that Part;

(z3)Parts 3 and 4 of Schedule 10, and section 10(3) and Part 1 of that Schedule so far as relating to those Parts;

(z4)Parts 3 and 4 of Schedule 11, and section 10(4) and Part 1 of that Schedule so far as relating to those Parts;

(z5)paragraphs 3(2) and (3), 10, 13, 18, 30, 33 and 35 of Schedule 12, and section 15 and paragraphs 1 and 19 of that Schedule so far as relating to those paragraphs;

(z6)paragraphs 8, 9, 15, 16 and 30 of Schedule 13, and section 18 and paragraphs 1, 10 and 17 of that Schedule so far as relating to those paragraphs.

(7)In this section “relevant national authority” means a Minister of the Crown, subject as follows.

(8)In the case of regulations under this section which could also be made by an authority by virtue of subsection (9), (11) or (13), a Minister of the Crown may not make the regulations without the authority’s consent.

(9)The Welsh Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to England and Wales and applies in relation to Wales, and

(b)so far as it so extends and applies, it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(10)The power of the Welsh Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to England and Wales and applies in relation to Wales.

(11)The Scottish Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to Scotland, and

(b)so far as it so extends, it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(12)The power of the Scottish Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Scotland.

(13)A Northern Ireland department is also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to Northern Ireland, and

(b)so far as it so extends, were it contained in an Act of the Northern Ireland Assembly—

(i)it would be within the legislative competence of that Assembly, and

(ii)it would not require the consent of the Secretary of State.

(14)References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.

(15)The power of a Northern Ireland department to make an order under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Northern Ireland.

(16)Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(17)Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

89Expiry

(1)This Act expires at the end of the period of 2 years beginning with the day on which it is passed, subject to subsection (2) and section 90.

(2)Subsection (1) does not apply to—

(a)section 1;

(b)section 2 and Schedule 1 so far as they—

(i)make provision about a person who has been registered in any register by virtue of that Schedule, or

(ii)make provision for or in connection with the revocation of a person’s registration;

(c)section 5 and Schedule 4 so far as they—

(i)make provision about a person who has been registered in the register of pharmaceutical chemists or against whose name in that register an annotation has been recorded, or

(ii)make provision for or in connection with the revocation of a person’s registration or the removal of an annotation;

(d)section 6 and Schedule 5 so far as they—

(i)make provision about a person who has been registered in any register by virtue of that Schedule, or

(ii)make provision for or in connection with the revocation of a person’s registration;

(e)sections 11, 12 and 13;

(f)section 17;

(g)section 19(11);

(h)section 21(7);

(i)sections 59 to 70;

(j)sections 72 to 74;

(k)section 75(1);

(l)section 76;

(m)this Part;

(n)Parts 2 to 5 of Schedule 7, and section 8 so far as relating to those Parts;

(o)Part 3 of Schedule 8, and section 10(1) and Part 1 of that Schedule so far as relating to that Part;

(p)Parts 3 and 4 of Schedule 10, and section 10(3) and Part 1 of that Schedule so far as relating to those Parts;

(q)Parts 3 and 4 of Schedule 11, and section 10(4) and Part 1 of that Schedule so far as relating to those Parts;

(r)paragraphs 3(2) and (3), 10, 13, 18, 30, 33 and 35 of Schedule 12, and section 15 and paragraphs 1 and 19 of that Schedule so far as relating to those paragraphs;

(s)paragraphs 8, 9, 15, 16 and 30 of Schedule 13, and section 18 and paragraphs 1, 10 and 17 of that Schedule so far as relating to those paragraphs.

(3)A Minister of the Crown may by regulations make transitional, transitory or saving provision in connection with the expiry of any provision of this Act.

(4)In the case of provision made by regulations under subsection (3) which could also be made by an authority under subsection (5), (7) or (9), a Minister of the Crown may not make the provision without the authority’s consent.

(5)If the condition in subsection (6) is met, the Welsh Ministers may by regulations make transitional, transitory or saving provision in connection with the expiry in relation to Wales of any provision of this Act.

(6)The condition is that, so far as it extends to England and Wales and applies to Wales, the provision would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(7)If the condition in subsection (8) is met, the Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the expiry in relation to Scotland of any provision of this Act.

(8)The condition is that, so far as it extends to Scotland, the provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(9)If the condition in subsection (10) is met, a Northern Ireland department may by order make transitional, transitory or saving provision in connection with the expiry in relation to Northern Ireland of any provision of this Act.

(10)The condition is that the provision, so far as it extends to Northern Ireland—

(a)would be within the legislative competence of the Northern Ireland Assembly, and

(b)would not require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

(11)The power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(12)The power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

90Power to alter expiry date

(1)A relevant national authority may by regulations provide that any provision of this Act—

(a)does not expire at the time when it would otherwise expire (whether by virtue of section 89 or previous regulations under this subsection or subsection (2)), and

(b)expires instead at such earlier time as is specified in the regulations.

(2)A relevant national authority may by regulations provide that any provision of this Act—

(a)does not expire at the time when it would otherwise expire (whether by virtue of section 89 or previous regulations under this subsection or subsection (1)), and

(b)expires instead at such later time as is specified in the regulations.

(3)A time specified under subsection (2) in relation to a provision of this Act must not be later than the end of the period of 6 months beginning with the time when the provision would otherwise have expired (whether by virtue of section 89 or previous regulations under subsection (1) or (2)).

(4)Regulations under this section—

(a)may make different provision for different purposes or areas;

(b)may make transitional, transitory or saving provision.

(5)In this section “relevant national authority” means a Minister of the Crown, subject as follows.

(6)In the case of regulations under this section which could also be made by an authority by virtue of subsection (7), (9) or (11), a Minister of the Crown may not make the regulations without the authority’s consent.

(7)The Welsh Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to England and Wales and applies in relation to Wales, and

(b)so far as it so extends and applies, it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(8)The power of the Welsh Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to England and Wales and applies in relation to Wales.

(9)The Scottish Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to Scotland, and

(b)so far as it so extends, it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(10)The power of the Scottish Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Scotland.

(11)A Northern Ireland department is also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to Northern Ireland, and

(b)so far as it so extends, were it contained in an Act of the Northern Ireland Assembly—

(i)it would be within the legislative competence of that Assembly, and

(ii)it would not require the consent of the Secretary of State.

(12)References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.

(13)The power of a Northern Ireland department to make an order under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Northern Ireland.

(14)Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(15)Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

91Power to amend Act in consequence of amendments to subordinate legislation

(1)A relevant national authority may by regulations amend or repeal any provision of this Act which modifies a provision of subordinate legislation.

(2)The power in subsection (1) may be exercised only if the amendment or repeal is necessary in consequence of the amendment or revocation of the provision of subordinate legislation by other subordinate legislation.

(3)Regulations under subsection (1) may make transitional, transitory or saving provision.

(4)In this section “relevant national authority” means a Minister of the Crown, subject as follows.

(5)In the case of regulations under subsection (1) which could also be made by an authority by virtue of any of subsections (6) to (8), a Minister of the Crown may not make the regulations without the authority’s consent.

(6)The Welsh Ministers are also a relevant national authority in relation to regulations under subsection (1) which make provision which would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(7)The Scottish Ministers are also a relevant national authority in relation to regulations under subsection (1) which make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(8)A Northern Ireland department is also a relevant national authority in relation to regulations under subsection (1) which make provision which, if it were contained in an Act of the Northern Ireland Assembly—

(a)would be within the legislative competence of that Assembly, and

(b)would not require the consent of the Secretary of State.

(9)Any power of a Minister of the Crown or the Welsh Ministers to make regulations under subsection (1) is exercisable by statutory instrument.

(10)References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.

(11)Any power of a Northern Ireland department to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(12)In this section “subordinate legislation” means—

(a)subordinate legislation within the meaning of the Interpretation Act 1978,

(b)an instrument made under an Act or Measure of the National Assembly for Wales,

(c)an instrument made under an Act of the Scottish Parliament, or

(d)an instrument made under Northern Ireland legislation.

92Power to make consequential modifications

(1)A relevant national authority may by regulations make provision for an enactment to have effect with modifications in consequence of any provision of this Act.

(2)Without prejudice to section 14 of the Interpretation Act 1978 (implied power to amend), a relevant national authority may by regulations amend or revoke any regulations made by the authority under subsection (1) in consequence of—

(a)the exercise of a power under section 88,

(b)the expiry of a provision of this Act under section 89, or

(c)the exercise of a power under section 90.

(3)Regulations under this section may make transitional, transitory or saving provision.

(4)In this section “relevant national authority” means a Minister of the Crown, subject as follows.

(5)In the case of regulations under this section which could also be made by an authority by virtue of any of subsections (6) to (8), a Minister of the Crown may not make the regulations without the authority’s consent.

(6)The Welsh Ministers are also a relevant national authority in relation to regulations under this section which make provision which would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(7)The Scottish Ministers are also a relevant national authority in relation to regulations under this section which make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(8)A Northern Ireland department is also a relevant national authority in relation to regulations under this section which make provision which, if it were contained in an Act of the Northern Ireland Assembly—

(a)would be within the legislative competence of that Assembly, and

(b)would not require the consent of the Secretary of State.

(9)Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(10)References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.

(11)Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(12)In this section “enactment” includes—

(a)an enactment comprised in an Act or Measure of the National Assembly for Wales,

(b)an enactment comprised in an Act of the Scottish Parliament,

(c)an enactment comprised in Northern Ireland legislation, and

(d)an enactment comprised in subordinate legislation.

(13)In this section “subordinate legislation” means—

(a)subordinate legislation within the meaning of the Interpretation Act 1978,

(b)an instrument made under an Act or Measure of the National Assembly for Wales,

(c)an instrument made under an Act of the Scottish Parliament, or

(d)an instrument made under Northern Ireland legislation.

93Procedure for certain regulations made by a Minister of the Crown

(1)A statutory instrument containing regulations made by a Minister of the Crown under section 90(1) (other than regulations made in accordance with section 98(1)) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2)A statutory instrument containing regulations made by a Minister of the Crown under section 90(2) must be laid before Parliament as soon as reasonably practicable after being made.

(3)A statutory instrument containing regulations made by a Minister of the Crown under section 91(1) must be laid before Parliament as soon as reasonably practicable after being made.

(4)A statutory instrument containing regulations made by a Minister of the Crown under section 92—

(a)if the regulations only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of either House of Parliament;

(b)otherwise, must be laid before Parliament as soon as reasonably practicable after being made.

(5)Subsection (2), (3) or (4)(b) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6)Regulations contained in an instrument laid before Parliament by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

(7)In calculating the period of 40 days, no account is to be taken of any time during which—

(a)Parliament is dissolved or prorogued, or

(b)both Houses of Parliament are adjourned for more than 4 days.

(8)Where regulations cease to have effect as a result of subsection (6) that does not—

(a)affect anything previously done under or by virtue of the regulations, or

(b)prevent the making of new regulations.

94Procedure for certain regulations made by the Welsh Ministers

(1)A statutory instrument containing regulations made by the Welsh Ministers under section 90(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(2)A statutory instrument containing regulations made by the Welsh Ministers under section 90(2) must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.

(3)A statutory instrument containing regulations made by the Welsh Ministers under section 91(1) must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.

(4)A statutory instrument containing regulations made by the Welsh Ministers under section 92—

(a)if the regulations only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of the National Assembly for Wales;

(b)otherwise, must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.

(5)Subsection (2), (3) or (4)(b) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(6)Regulations contained in an instrument laid before the National Assembly for Wales by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.

(7)In calculating the period of 40 days, no account is to be taken of any time during which the National Assembly for Wales is—

(a)dissolved, or

(b)in recess for more than 4 days.

(8)Where regulations cease to have effect as a result of subsection (6) that does not—

(a)affect anything previously done under or by virtue of the regulations, or

(b)prevent the making of new regulations.

95Procedure for certain regulations made by the Scottish Ministers

(1)Regulations made by the Scottish Ministers under section 90(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)).

(2)Regulations made by the Scottish Ministers under section 90(2) must be laid before the Scottish Parliament as soon as reasonably practicable after being made.

(3)Regulations made by the Scottish Ministers under section 91(1) must be laid before the Scottish Parliament as soon as reasonably practicable after being made.

(4)Regulations made by the Scottish Ministers under section 92—

(a)if they only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010);

(b)otherwise, must be laid before the Scottish Parliament as soon as reasonably practicable after being made.

(5)Subsection (2), (3) or (4)(b) does not apply if the regulations have been subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(6)Regulations laid before the Scottish Parliament by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.

(7)In calculating the period of 40 days, no account is to be taken of any time during which the Scottish Parliament is—

(a)dissolved, or

(b)in recess for more than 4 days.

(8)Where regulations cease to have effect as a result of subsection (6) that does not—

(a)affect anything previously done under or by virtue of the regulations, or

(b)prevent the making of new regulations.

96Procedure for certain orders made by a Northern Ireland department

(1)An order made by a Northern Ireland department under section 90(1) is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(2)An order made by a Northern Ireland department under section 90(2) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.

(3)An order made by a Northern Ireland department under section 91(1) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.

(4)An order under section 92 made by a Northern Ireland department—

(a)if the order only provides for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954;

(b)otherwise, must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.

(5)Subsection (2), (3) or (4)(b) does not apply if a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(6)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(7)An order laid before the Northern Ireland Assembly by virtue of subsection (2), (3) or (4)(b) ceases to have effect at the end of the period of 40 days beginning with the day on which the order is made unless, during that period, the instrument is approved by a resolution of the Northern Ireland Assembly.

(8)In calculating the period of 40 days, no account is to be taken of any time during which the Northern Ireland Assembly is—

(a)dissolved,

(b)in recess for more than 4 days, or

(c)adjourned for more than 6 days.

(9)Where an order ceases to have effect as a result of subsection (7) that does not—

(a)affect anything previously done under or by virtue of the order, or

(b)prevent the making of a new order.

97Reports by Secretary of State on status of non-devolved provisions of this Act

(1)The Secretary of State must—

(a)in respect of each reporting period, prepare and publish a report on the status of the provisions of Part 1 of this Act;

(b)include in the report a statement that the Secretary of State is satisfied that the status of those provisions is appropriate.

(2)A reference in this section to a provision of this Act is to the provision only so far as the Secretary of State is responsible for it (see subsection (6)).

(3)The references in subsection (1) to the “status” of a provision are to—

(a)whether the provision is in force at the end of the reporting period, and

(b)whether any power under the following provisions has been exercised by a Minister of the Crown in relation to it during that period (and, if so, which and how)—

(i)section 87(2) (regulations bringing provision into force);

(ii)section 88(1) or (3) (regulations suspending or reviving provision);

(iii)section 90(1) or (2) (regulations altering expiry date of provision).

(4)Each of the following is a “reporting period”—

(a)the period of 2 months beginning with the day on which this Act is passed;

(b)each successive period of 2 months that ends during the substantive operational period of this Act.

(5)The “substantive operational period of this Act” is —

(a)the two-year period mentioned in section 89(1), or

(b)if different, the period—

(i)beginning with the day on which this Act is passed, and

(ii)ending with the time of expiry of the provision of this Act which, by virtue of regulations made by a Minister of the Crown under section 90(2), expires the latest.

(6)The Secretary of State is responsible for a provision of this Act so far as—

(a)it extends to England and Wales and applies in relation to England;

(b)it—

(i)extends to England and Wales and applies in relation to Wales, or extends to Scotland or Northern Ireland, and

(ii)is outside devolved legislative competence in Wales, Scotland or Northern Ireland (as the case may be).

(7)A provision is “outside devolved legislative competence”—

(a)in relation to Wales, if it would not be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975, that such consent were given);

(b)in relation to Scotland, if it would not be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;

(c)in relation to Northern Ireland, if—

(i)it would not be within the legislative competence of the Northern Ireland Assembly, or

(ii)it would require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

(8)The Secretary of State must lay each report prepared under subsection (1) before Parliament.

(9)If the Secretary of State does not prepare and publish the report required by subsection (1) within 7 days beginning with the end of a reporting period, the Secretary of State must—

(a)explain why in a statement made in writing, and

(b)publish the statement.

98Six-month parliamentary review

(1)If the House of Commons rejects a motion in the form set out in subsection (2), moved in accordance with subsection (3) by a Minister of the Crown, a Minister of the Crown must exercise the power conferred by section 90(1) so as to ensure that the relevant temporary provisions expire not later than the end of the period of 21 days beginning with the day on which the rejection takes place.

(2)The form of the motion is—

That the temporary provisions of the Coronavirus Act 2020 should not yet expire.

(3)So far as practicable, a Minister of the Crown must make arrangements for the motion mentioned in subsection (1) to be debated and voted on by the House of Commons within a period of 7 sitting days beginning immediately after each 6 month review period.

(4)In this section—

  • “6 month review period” means—

    (a)

    the period of 6 months beginning with the day on which this Act is passed, and

    (b)

    each subsequent period of 6 months,

    but only (in each case) if at least one relevant temporary provision still exists at the end of the period (whether or not that provision has ever been brought into force or is at that time suspended);

  • “relevant temporary provision” means any provision of this Act—

    (a)

    which is not listed in section 89(2) (provisions not subject to expiry), and

    (b)

    in respect of which a Minister of the Crown could make provision under section 90(1) (early expiry regulations) without the consent of the Welsh Ministers, the Scottish Ministers or a Northern Ireland department;

  • “sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day).

99Parliamentary consideration of status of non-devolved provisions of this Act

(1)This section applies where the substantive operational period of this Act is longer than the period of one year beginning with the day on which this Act is passed.

(2)A Minister of the Crown must make arrangements for—

(a)a motion in neutral terms, to the effect that the House of Commons has considered the one-year status report, to be moved in that House by a Minister of the Crown within the period of 14 Commons sitting days beginning with the day after the end of the sixth reporting period, and

(b)a motion for the House of Lords to take note of the one-year status report to be moved in that House by a Minister of the Crown within the period of 14 Lords sitting days beginning with the day after the end of the sixth reporting period.

(3)The “one-year status report” is the report required to be prepared by the Secretary of State under section 97 in respect of the sixth reporting period.

(4)In this section—

  • “Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

  • “Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day);

  • “reporting period” and “substantive operational period of this Act” have the same meaning as in section 97.

100Extent

(1)The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a)section 1;

(b)section 2 (and Schedule 1);

(c)section 8, so far as it relates to Parts 1, 2 and 5 of Schedule 7 (and those Parts of that Schedule);

(d)section 9;

(e)sections 22 and 23;

(f)section 24;

(g)sections 25 to 29 (and Schedule 15);

(h)section 50 (and Schedule 20);

(i)section 51 (and Schedule 21);

(j)section 52 (and Schedule 22);

(k)section 54, so far as it relates to Part 2 of Schedule 24 (and that Part of that Schedule);

(l)section 55, so far as it relates to paragraph 2 of Schedule 25 (and that paragraph of that Schedule);

(m)section 58 (and Schedule 28);

(n)sections 62 to 64 and 66;

(o)sections 68 and 69;

(p)section 71;

(q)sections 72 to 74;

(r)section 75;

(s)section 76;

(t)section 77(1) and (2);

(u)this Part.

(2)The following provisions extend to England and Wales and Scotland only—

(a)section 8, so far as it relates to Part 3 of Schedule 7 (and that Part of that Schedule);

(b)sections 39 to 41;

(c)section 77(3).

(3)The following provisions extend to England and Wales and Northern Ireland only—

(a)section 61;

(b)section 78.

(4)The following provisions extend to England and Wales only—

(a)section 3 (and Schedule 2);

(b)section 6 (and Schedule 5);

(c)section 10(1) (and Schedule 8);

(d)section 11;

(e)sections 14 and 15 (and Schedule 12);

(f)section 18(1) (and Part 1 of Schedule 13);

(g)section 19;

(h)section 30;

(i)section 33;

(j)section 37(1) (and Part 1 of Schedule 16);

(k)section 38(1) (and Part 1 of Schedule 17);

(l)section 45;

(m)section 53 (and Schedule 23);

(n)section 54, so far as it relates to Parts 1 and 3 of Schedule 24 (and those Parts of that Schedule);

(o)section 55, so far as it relates to paragraph 1 of Schedule 25 (and that paragraph of that Schedule);

(p)section 56 (and Schedule 26);

(q)sections 59, 60, 65 and 67;

(r)section 79;

(s)section 81 (and Schedule 29);

(t)section 82;

(u)section 84.

(5)The following provisions extend to Scotland only—

(a)section 4 (and Schedule 3);

(b)section 7 (and Schedule 6);

(c)section 10(2) (and Schedule 9);

(d)section 12;

(e)sections 16 and 17;

(f)section 18(2) (and Part 2 of Schedule 13);

(g)section 20 (and Schedule 14);

(h)sections 34 and 35;

(i)section 36;

(j)section 37(2) (and Part 2 of Schedule 16);

(k)section 38(2) (and Part 2 of Schedule 17);

(l)section 46;

(m)section 49 (and Schedule 19);

(n)section 70.

(6)The following provisions extend to Northern Ireland only—

(a)section 5 (and Schedule 4);

(b)section 8, so far as it relates to Part 4 of Schedule 7 (and that Part of that Schedule);

(c)section 10(3) and (4) (and Schedules 10 and 11);

(d)section 13;

(e)section 18(3) (and Part 3 of Schedule 13);

(f)section 21;

(g)section 31;

(h)section 32;

(i)section 37(3) (and Part 3 of Schedule 16);

(j)section 38(3) (and Part 3 of Schedule 17);

(k)sections 42 to 44;

(l)section 47;

(m)section 48 (and Schedule 18);

(n)section 57 (and Schedule 27);

(o)section 80;

(p)section 83.

101Extension to the Isle of Man

Her Majesty may by Order in Council provide for the extension, with or without modifications, to the Isle of Man of any provision of this Act which is capable of so extending.

102Short title

This Act may be cited as the Coronavirus Act 2020.

SCHEDULES

Section 2

SCHEDULE 1Emergency registration of nurses and other health and care professionals

Nursing and Midwifery Order 2001

1(1)The Nursing and Midwifery Order 2001 (S.I. 2002/253) has effect as if it were subject to the following modifications.

(2)The Order has effect as if after article 9 there were inserted—

9ATemporary registration in emergencies involving loss of human life or human illness etc

(1)The Registrar may register a person as a registered nurse, midwife or nursing associate, or the persons comprising a specified group of persons as registered nurses, midwives or nursing associates, if—

(a)the Secretary of State has advised the Registrar that an emergency has occurred, is occurring or is about to occur and that the Registrar should consider acting under this article, and

(b)the Registrar considers that the emergency registration requirement is met in relation to the person or group of persons.

(2)For the purposes of paragraph (1)(b) the emergency registration requirement is met—

(a)in relation to a person, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a nurse, midwife or nursing associate with regard to the emergency;

(b)in relation to a group of persons, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as nurses, midwives or nursing associates with regard to the emergency.

(3)The Registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.

(4)The Registrar may include an annotation in the register denoting that a person has been registered under this regulation.

(5)The registration of a person under this article has effect subject to any conditions imposed by the Registrar; and the Registrar may at any time vary or revoke such a condition or add new conditions.

(6)Where a person is registered under this article as a member of a specified group, the person’s registration may (but need not) be subject to the same conditions as the registration of other members of the group.

(7)A person’s registration under this article ceases to have effect if revoked by the Registrar; and the Registrar—

(a)must revoke the registration if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;

(b)may at any time revoke the registration for any other reason, including where the Registrar suspects that the person’s fitness to practise may be impaired.

(8)A person’s registration as a member of a specified group may be revoked—

(a)without the registration of the other members of the group being revoked, or

(b)as a result of a decision to revoke the registration of all the members of the group.

(9)Rules under article 7 may not provide for fees to be charged in respect of a person’s registration under this article.

(10)The following provisions of this Order do not apply to persons registered under this article—

  • articles 5A, 9, 10, 12 and 13 (provisions relating to registration);

  • articles 15 to 19 (provisions relating to education and training);

  • Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1) and (3) to (6).

(11)If a person breaches a condition to which the person’s registration under this article is subject, anything done by the person in breach of the condition is to be treated as not done by a registered nurse, midwife or nursing associate (as the case may be).

(12)In this article “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.

(3)Article 25(1) (power of Nursing and Midwifery Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons).

(4)Article 37 (appeals against Registrar’s decisions) has effect as if after paragraph (2B) there were inserted—

(2C)No appeal lies to the Council where the Registrar—

(a)has refused to register a person under article 9A, or

(b)has revoked a person’s registration under that article.

Health Professions Order 2001

2(1)The Health Professions Order 2001 (S.I. 2002/254) has effect as if it were subject to the following modifications.

(2)The Order has effect as if after article 9 there were inserted—

9ATemporary registration in emergencies involving loss of human life or human illness etc

(1)The Registrar may register a person as a member of a relevant profession, or the persons comprising a specified group of persons as members of a relevant profession, if—

(a)the Secretary of State has advised the Registrar that an emergency has occurred, is occurring or is about to occur and that the Registrar should consider acting under this article, and

(b)the Registrar considers that the emergency registration requirement is met in relation to the person or group of persons.

(2)For the purposes of paragraph (1)(b) the emergency registration requirement is met—

(a)in relation to a person, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a member of the profession in question with regard to the emergency;

(b)in relation to a group of persons, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as members of the profession in question with regard to the emergency.

(3)The Registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.

(4)The Registrar may include an annotation in the register denoting that a person has been registered under this regulation.

(5)The registration of a person under this article has effect subject to any conditions imposed by the Registrar; and the Registrar may at any time vary or revoke such a condition or add new conditions.

(6)Where a person is registered under this article as a member of a specified group, the person’s registration may (but need not) be subject to the same conditions as the registration of other members of the group.

(7)A person’s registration under this article ceases to have effect if revoked by the Registrar; and the Registrar—

(a)must revoke the registration if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;

(b)may at any time revoke the registration for any other reason, including where the Registrar suspects that the person’s fitness to practise may be impaired.

(8)A person’s registration as a member of a specified group may be revoked—

(a)without the registration of the other members of the group being revoked, or

(b)as a result of a decision to revoke the registration of all the members of the group.

(9)Rules under article 7 may not provide for fees to be charged in respect of a person’s registration under this article.

(10)The following provisions of this Order do not apply to persons registered under this article—

  • articles 9, 10, 11 and 12 (provisions relating to registration);

  • articles 15 to 19 (provisions relating to education and training);

  • Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1) and (3) to (5).

(11)If a person breaches a condition to which the person’s registration under this article is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered as a member of the relevant profession in question.

(12)In this article “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.

(3)Article 25(1) (power of Health and Care Professions Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons).

(4)Article 38 (appeals) has effect as if after paragraph (1A) there were inserted—

(1B)No appeal lies to the Council where the Registrar—

(a)has refused to register a person under article 9A, or

(b)has revoked a person’s registration under that article.

Section 3

SCHEDULE 2Emergency arrangements concerning medical practitioners: Wales

Temporary exception to rule requiring listing in order to perform primary medical services

1(1)The National Health Service (Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)) have effect with the following modifications.

(2)The regulations have effect as if, after regulation 22, there were inserted—

22ATemporary exception under the Coronavirus Act 2020

(1)A person who is registered in the GP Register by virtue of section 18A of the Medical Act 1983 (temporary registration with regard to emergencies) may perform primary medical services, despite not being included in a medical performers list, provided that—

(a)the person has made an application to a Local Health Board for inclusion in its medical performers list under regulation 4 or 4A, and

(b)the person’s application has not been—

(i)refused under regulation 6, 22B or 24, or

(ii)deferred under regulation 7 or 22B.

(2)Regulation 9 applies to a person who performs primary medical services by virtue of this regulation as it applies to a performer included in a medical performers list.

22BGrounds for refusal and deferral under the Coronavirus Act 2020

(1)This regulation applies where a person who is registered in the GP Register by virtue of section 18A of the Medical Act 1983 has made an application to a Local Health Board for inclusion in its medical performers list.

(2)But this regulation does not affect a Local Health Board’s functions under regulations 6, 7 and 24 in relation to the refusal or deferral of an application by such a person.

(3)A Local Health Board may refuse the person’s application for inclusion in its medical performers list if—

(a)the Local Health Board has received an allegation (in any manner) about either—

(i)professional misconduct of the person, or

(ii)the person’s involvement in a matter which the person would be under a duty to disclose under regulation 9(1) or (2), and

(b)the nature of the allegation is such that, were the person already included in its list, the Local Health Board would be satisfied that it would be necessary for the protection of members of the public, or otherwise in the public interest, to suspend the person from its list under regulation 13 while it decided whether to remove them from its list.

(4)A Local Health Board may defer determination of the person’s application for inclusion in its medical performers list if—

(a)the person has declared any matter specified in regulation 9(1) or (2), and

(b)the Local Health Board is satisfied that it is necessary for the protection of members of the public, or otherwise in the public interest, to complete its consideration of the person’s application before the person is permitted to perform primary medical services.

(5)Unless paragraph (6) applies, a person whose application is refused by a Local Health Board under paragraph (3) may not reapply for inclusion in any medical performers list.

(6)This paragraph applies where a person subsequently becomes registered in the GP Register as a fully registered person, within the meaning given by section 55(1) of the Medical Act 1983, otherwise than by virtue of section 18A of that Act.

(7)A Local Health Board must notify an applicant in writing of a determination made under this regulation, and the reasons for it, within 7 days of making the determination.

(8)An applicant may not appeal any determination made by a Local Health Board under this regulation.

(3)Regulation 15 (appeals) has effect as if before paragraph (1) there were inserted—

(A1)This regulation does not apply where a person’s application for inclusion in a medical performers list is refused under regulation 22B(3).

Modification of General Medical Services Contracts Regulations 2004

2(1)The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (S.I. 2004/478 (W. 48)) have effect subject to the following modifications.

(2)In paragraph 52 of Schedule 6 (contractual terms: qualifications of performers), after sub-paragraph (2) insert—

(2A)Sub-paragraph (1)(a) does not apply in the case of a person who is performing primary medical services by virtue of regulation 22A of the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).

(3)In paragraph 56 of Schedule 6 (contractual terms: conditions for employment and engagement), after sub-paragraph (4) insert—

(4A)This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 22A of the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).

(4)In paragraph 58 of Schedule 6 (contractual terms: conditions for employment and engagement), after sub-paragraph (3) insert—

(4)This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 22A of the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).

Power to modify Schedule

3(1)The Welsh Ministers may by regulations made by statutory instrument modify this Schedule.

(2)A statutory instrument containing regulations under sub-paragraph (1) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Section 4

SCHEDULE 3Emergency arrangements concerning medical practitioners: Scotland

National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

1(1)The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114) have effect subject to the following modifications.

(2)After regulation 3 insert—

3ATemporary exception under the Coronavirus Act 2020

(1)A person who is registered in the GP Register by virtue of section 18A of the Medical Act 1983 (temporary registration with regard to emergencies) may perform primary medical services, despite not being included in the primary medical services performers list of a Health Board, provided that—

(a)the person has made an application to a Health Board for inclusion in the list under regulation 6, and

(b)the person’s application has not been refused or deferred under regulation 7 or 7B.

(2)But a person may only perform primary medical services by virtue of this regulation in the area of a Health Board whose list they have applied to be included in.

(3)Regulation 8 applies to a person who performs primary medical services by virtue of this regulation as it applies to a performer included in a primary medical services performers list (and the references to a “performer” in paragraph 3 of Schedule 1 are to be read as if they included persons who perform primary medical services by virtue of this regulation).

(3)After regulation 7A insert—

7BGrounds for refusal and deferral under the Coronavirus Act 2020

(1)This regulation applies where a person who is registered in the GP Register by virtue of section 18A of the Medical Act 1983 (temporary registration with regard to emergencies) has made an application to a Health Board for inclusion in its primary medical services performers list.

(2)But this regulation does not affect a Health Board’s duties imposed by regulation 7 to refuse or defer an application by such a person.

(3)A Health Board may refuse the person’s application for inclusion in its primary medical services performers list if—

(a)the Health Board has received an allegation (in any manner) about either—

(i)conduct by the person about which the Health Board would have the power to make representations to the NHS Tribunal under section 29 of the National Health Service (Scotland) Act 1978, or

(ii)the person’s involvement in a matter which they would be under a duty to disclose under paragraph 3 of Schedule 1, and

(b)the nature of the allegation is such that, were the person already included in its list, the Health Board would be satisfied that it would be necessary for the protection of members of the public, or otherwise in the public interest, to suspend the person from its list while it considered whether to remove them from its list.

(4)A Health Board may defer determination of the person’s application for inclusion in its primary medical services performers list if—

(a)the person has declared any matter specified in paragraph 2(c) to (o) of Schedule 1, and

(b)the Health Board is satisfied that it is necessary for the protection of members of the public, or otherwise in the public interest, to complete its consideration of the person’s application before the person is permitted to perform primary medical services.

(5)Unless paragraph (6) applies, a person whose application is refused by a Health Board under paragraph (3) may not reapply for inclusion in the primary medical services performers list of any Health Board.

(6)This paragraph applies where a person subsequently becomes registered in the GP Register as a fully registered person, within the meaning given by section 55(1) of the Medical Act 1983, otherwise than by virtue of section 18A of that Act.

(7)A Health Board must notify an applicant in writing of a determination made under this regulation, and the reasons for it, within 7 days of making the determination.

(8)An applicant may not appeal any determination made by a Health Board under this regulation.

(4)In regulation 13 (appeal to the Scottish Ministers) before paragraph (1) insert—

(A1)This regulation does not apply where a person’s application for inclusion in a primary medical services performers list is refused under regulation 7B(3).

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

2(1)The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (S.S.I. 2018/66) have effect subject to the following modifications.

(2)In paragraph 46 of Schedule 6 (contractual terms: qualifications of performers), after sub-paragraph (2) insert—

(2A)Sub-paragraph (1)(a) does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).

(3)In paragraph 50 of Schedule 6 (contractual terms: conditions for employment and engagement), after sub-paragraph (3) insert—

(4)This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).

(4)In paragraph 52 of Schedule 6 (contractual terms: conditions for employment and engagement), after sub-paragraph (3) insert—

(4)This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).

National Health Service (Primary Medical Services Section 17C Arrangements) (Scotland) Regulations 2018

3(1)The National Health Service (Primary Medical Services Section 17C Arrangements) (Scotland) Regulations 2018 (S.S.I. 2018/67) have effect subject to the following modifications.

(2)In paragraph 18 of Schedule 1 (content of agreements terms: qualifications of performers) after sub-paragraph (2) insert—

(2A)Sub-paragraph (1)(a) does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).

(3)In paragraph 22 of Schedule 1 (content of agreements terms: conditions for employment and engagement) after sub-paragraph (4) insert—

(5)This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).

(4)In paragraph 24 of Schedule 1 (content of agreements terms: conditions for employment and engagement) after sub-paragraph (3) insert—

(4)This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).

Power to modify Schedule

4(1)The Scottish Ministers may by regulations modify this Schedule.

(2)Regulations under sub-paragraph (1) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

Section 5

SCHEDULE 4Emergency registration of pharmaceutical chemists and extension of prescribing powers: Northern Ireland

Interpretation

1(1)In this Schedule “the 1976 Order” means the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)).

(2)In this Schedule references to Articles are to Articles of the 1976 Order.

(3)Expressions used in this Schedule and in the 1976 Order have the meaning given in that Order.

Emergency registration of pharmaceutical chemists

2The 1976 Order has effect as if it were subject to the following modifications.

3After Article 8D insert—

8ETemporary registration in the register of pharmaceutical chemists in certain emergencies

(1)The registrar may register a person, or the persons comprising a specified group of persons, in the register of pharmaceutical chemists if the conditions set out in paragraph (2) are satisfied.

(2)The conditions are that—

(a)the Department has advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this Article; and

(b)the registrar considers that the emergency registration requirement is met in relation to the person or group of persons.

(3)The emergency registration requirement is met—

(a)in relation to a person, if the person is a fit, proper and suitably experienced person to be registered as a pharmaceutical chemist with regard to the emergency;

(b)in relation to a group of persons, if the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as pharmaceutical chemists with regard to the emergency.

(4)The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.

(5)A person’s registration under this Article has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions.

(6)Where a person is registered under this Article as a member of a specified group, the person’s registration may (but need not) be subject to the same conditions as the registration of other members of the group.

(7)The registration of a person under this Article ceases to have effect if revoked by the registrar; and the registrar—

(a)must revoke the registration if the Department advises the registrar that the circumstances that led the Department to give the advice referred to in paragraph (2)(a) no longer exist;

(b)may at any time revoke the registration for any other reason, including where the registrar has grounds for suspecting that the person’s fitness to practise may be impaired.

(8)A person’s registration as a member of a specified group may be revoked—

(a)without revoking the registration of the other members of the group; or

(b)as a result of a decision to revoke the registration of all the members of the group.

(9)Regulations made under Article 5 with respect to the following matters do not apply to persons registered under this Article—

(a)paragraph (1)(b) (examinations and qualifications for registration);

(b)paragraph (1)(bb), in so far as it refers to the necessary knowledge of English;

(c)paragraph (1)(e) (fees);

(d)paragraph (1)(f), (ffg) and (g) (qualifications etc in relation to registration);

(e)such other matters as the Council may by regulations provide;

but this is subject to paragraph (11).

(10)The following provisions of this Order do not apply to persons registered under this Article—

(a)Article 4A (continuing professional development);

(b)Articles 7, 8 and 8AA (provisions relating to registration);

(c)Article 11(1) (evidence of qualification required for registration);

(d)Article 15 (retention fees);

(e)Article 20 and Schedule 3 (fitness to practise) other than paragraphs 1 to 3; and

(f)such other provisions as the Council may by regulations provide;

but this is subject to paragraph (11).

(11)The Council may make regulations that provide that the following apply to persons registered under this Article—

(a)regulations with respect to any of the matters referred to in paragraph (9)(a) to (e); and

(b)any of the provisions of this Order referred to in paragraph (10)(a) to (f).

(12)If a person breaches any condition to which the person’s registration under this Article is subject, anything done by that person in breach of the condition is to be treated as not being done by a registered pharmaceutical chemist.

(13)The registrar may make available information to assist with the identification of persons registered under this Article in such manner as the registrar sees fit.

(14)In this Article—

  • “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section;

  • “specified” means specified in a direction given by the registrar or by a person authorised by the registrar.

4In Article 9(2) (maintenance of the register), at the end insert “or in the case of the register mentioned in Article 6(1)(a) registered by virtue of Article 8E”.

5At the end of Article 9 (the registrar and registers) insert—

(6)The registrar may record an annotation against the name of a registered person denoting that the person is registered under Article 8E.

Emergency extension of prescribing powers for pharmaceutical chemists

6After Article 9 insert—

9ATemporary extension of prescribing powers in certain emergencies

(1)In the register mentioned in Article 6(1)(a), the registrar may record an annotation under paragraph (2) against—

(a)the name of a registered person; or

(b)the names of the persons comprising a specified group of registered persons,

if the conditions set out in paragraph (3) are satisfied.

(2)An annotation under this paragraph indicates that the person is qualified to order drugs, medicines and appliances in a specified capacity, notwithstanding that the person would not (but for this Article) be so qualified.

(3)The conditions are that—

(a)the Department has advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this Article; and

(b)the registrar considers that the emergency annotation requirement is met in relation to the person or group of persons.

(4)The emergency annotation requirement is met—

(a)in relation to a registered person, if the person is a fit, proper and suitably experienced person to order drugs, medicines and appliances in a specified capacity with regard to the emergency; and

(b)in relation to a group of registered persons, if the group is comprised of persons who may reasonably be considered fit, proper and suitably experienced persons to order drugs, medicines and appliances in a specified capacity with regard to the emergency.

(5)The registrar may record the annotation in such a way as to distinguish between annotations recorded by virtue of this Article and other annotations.

(6)Annotations recorded by virtue of this Article—

(a)must be removed by the registrar if the Department advises the registrar that the circumstances that led the Department to give the advice referred to in paragraph (3)(a) no longer exist;

(b)may at any time be removed by the registrar for any other reason including where the registrar has grounds for suspecting that the person’s fitness to order drugs, medicines and appliances may be impaired.

(7)An annotation recorded against the name of a person in the register as a member of a specified group may be removed—

(a)without the removal by the registrar of the annotations recorded against the names in the register of the other members of the group; or

(b)by virtue of a decision by the registrar to remove the annotations recorded against the names in the register of all the members of the group.

(8)Regulations made under Article 5 with respect to the following matters do not apply to persons with an annotated entry—

(a)paragraph (1)(e) (fees);

(b)paragraph (1)(ff) (annotations of the register); and

(c)such other matters as the Council may by regulations provide;

but this is subject to paragraph (10).

(9)The following provisions of this Order do not apply to persons with an annotated entry—

(a)Article 4A (continuing professional development);

(b)Article 8 (qualifications for registration); and

(c)such other provisions as the Council may by regulations provide;

but this is subject to paragraph (10).

(10)The Council may make regulations that provide that the following apply to persons with an annotated entry—

(a)regulations with respect to any of the matters referred to in paragraph (8)(a) to (c); and

(b)any of the provisions of this Order referred to in paragraph (9)(a) to (c).

(11)In this Article—

  • “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section;

  • “person with an annotated entry” means a person who has an annotation under paragraph (2) against their name in the register; and

  • “specified” means specified in a direction given by the registrar or by a person authorised by the registrar.

Appeals

7In Article 11, after paragraph (2) insert—

(3)No appeal lies to the Council against a decision of the registrar—

(a)to register or refuse to register a person under Article 8E;

(b)to register or refuse to register under that Article the persons comprising a group of persons;

(c)to impose, vary or revoke a condition as respects the registration of a person, or the persons comprising a group of persons, under Article 8E(5);

(d)to revoke a person’s registration under that Article (and, in the case of a member of a group, it does not matter whether the registrar also decides to revoke the registration of any or all of the other members of the group);

(e)to record or refuse to record an annotation under Article 9A(2) against the name of a registered person, or the names of the persons comprising a group of registered persons;

(f)to remove an annotation under that Article (and, in the case of a member of a group, it does not matter whether the registrar also decides to remove the annotation of any or all of the other members of the group).

Power to require disclosure of information

8Paragraph 2(1) of Schedule 3 to the 1976 Order (power of the Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions in respect of identifying any person registered by virtue of Article 8E(3)(b) (emergency registration of a group of persons).

Section 6

SCHEDULE 5Emergency registration of social workers: England and Wales

Social Workers Regulations 2018

1(1)The Social Workers Regulations 2018 (S.I. 2018/893) have effect as if they were subject to the following modifications.

(2)Regulation 9 (information to be recorded in the register in relation to a registered social worker) has effect as if—

(a)in paragraph (1) after sub-paragraph (b) there were inserted—

(ba)in the case of a social worker registered under regulation 12A (emergency registration) the fact that the social worker has been registered under that regulation,, and

(b)after paragraph (1) there were inserted—

(1A)The information referred to in paragraph (1)(a), (b) or (ba) is not required to be recorded in the register in relation to a social worker registered under regulation 12A as a member of a specified group.

(3)The regulations have effect as if after regulation 12 there were inserted—

12ATemporary registration in emergencies involving loss of human life or human illness etc

(1)The regulator may register a person as a social worker, or the persons comprising a specified group of persons as social workers, if—

(a)the Secretary of State has advised the regulator that an emergency has occurred, is occurring or is about to occur and that the regulator should consider acting under this regulation, and

(b)the regulator considers that the emergency registration requirement is met in relation to the person or group of persons.

(2)For the purposes of paragraph (1)(b) the emergency registration requirement is met—

(a)in relation to a person, if the regulator considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency;

(b)in relation to a group of persons, if the regulator considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency.

(3)The regulator may register all of the persons comprising a specified group of persons without first identifying each person in the group.

(4)The registration of a person under this regulation has effect subject to any conditions imposed by the regulator; and the regulator may at any time vary or revoke such a condition or add new conditions.

(5)Where a person is registered under this regulation as a member of a specified group, the person’s registration may (but need not) be subject to the same conditions as the registration of other members of the group.

(6)A person’s registration under this regulation ceases to have effect if revoked by the regulator; and the regulator—

(a)must revoke the registration if the Secretary of State advises the regulator that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;

(b)may at any time revoke the registration for any other reason, including where the regulator suspects that the person’s fitness to practise may be impaired.

(7)A person’s registration as a member of a specified group may be revoked—

(a)without the registration of the other members of the group being revoked, or

(b)as a result of a decision to revoke the registration of all the members of the group.

(8)If a person’s registration under this regulation is revoked under paragraph (6)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked.

(9)If a person’s registration under this section is revoked under paragraph (6)(b), the registration ceases to have effect immediately.

(10)The following provisions of these regulations do not apply to persons registered under this regulation—

(a)regulation 9 (content of the register), other than paragraph (1)(a), (b) and (ba) and paragraphs (1A) and (3);

(b)regulations 10 to 12 and 13 to 15 (other provisions relating to registration);

(c)regulation 16(4) and (5) (duty to provide information to regulator: sanctions);

(d)regulation 17 (fees for registration);

(e)Part 5 (discipline and fitness to practise).

(11)If a person breaches a condition to which the person’s registration under this regulation is subject, anything done by the person in breach of the condition is to be treated as not done by a registered social worker.

(12)The regulator may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions under this regulation.

(13)This includes—

(a)making rules, and

(b)issuing guidance to persons registered under this regulation or to the public.

(14)Paragraphs (2) to (5) of regulation 3 do not apply to rules under paragraph (12)(a).

(15)In this regulation “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.

(4)Regulation 19 (registration appeals) has effect as if after paragraph (2) there were inserted—

(2A)Paragraph (1) does not apply to—

(a)a decision by the regulator to refuse to register a person under regulation 12A, or

(b)a decision by the regulator to revoke a person’s registration under that regulation.

Regulation and Inspection of Social Care (Wales) Act 2016

2(1)The Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) has effect as if it were subject to the following modifications.

(2)The Act has effect as if after section 83 of the English language text there were inserted—

83ATemporary registration in emergencies involving loss of human life or human illness etc

(1)The registrar may register a person as a social worker in the social worker part of the register, or the persons comprising a specified group of persons as social workers in that part, if—

(a)the Welsh Ministers have advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this section, and

(b)the registrar considers that the emergency registration requirement is met in relation to the person or group of persons.

(2)For the purposes of subsection (1)(b) the emergency registration requirement is met—

(a)in relation to a person, if the registrar considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency;

(b)in relation to a group of persons, if the registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency.

(3)The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.

(4)The registrar may include an annotation in the social worker part of the register denoting that a person has been registered under this section.

(5)The registration of a person under this section has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions.

(6)Where a person is registered under this section as a member of a specified group, the person’s registration may (but need not) be subject to the same conditions as the registration of other members of the group.

(7)A person’s registration under this section ceases to have effect if revoked by the registrar; and the registrar—

(a)must revoke the registration if the Welsh Ministers advise the registrar that the circumstances that led the Welsh Ministers to give the advice referred to in subsection (1)(a) no longer exist;

(b)may at any time revoke the registration for any other reason, including where the registrar suspects that the person’s fitness to practise may be impaired.

(8)A person’s registration as a member of a specified group may be revoked—

(a)without the registration of the other members of the group being revoked, or

(b)as a result of a decision to revoke the registration of all the members of the group.

(9)If a person’s registration under this section is revoked under subsection (7)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked.

(10)If a person’s registration under this section is revoked under subsection (7)(b), the registration ceases to have effect immediately.

(11)Rules under section 74 may not provide for fees to be charged in respect of a person’s registration under this section.

(12)The following provisions do not apply to persons registered under this section—

(a)sections 82, 83, 84, 86, 87, 89, 94 and 95 (provisions relating to registration) of this Act;

(b)sections 113 to 115 (continuing professional development) of this Act and rules made under any of those sections;

(c)Part 6 (social care workers: fitness to practise) of this Act, other than section 160(1) and (3) to (5).

(13)If a person breaches a condition to which the person’s registration under this section is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered in the social worker part of the register.

(14)In this section “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.

(3)The Act has effect as if after section 83 of the Welsh language text there were inserted—

83ACofrestru dros dro mewn argyfyngau sy’n cynnwys colli bywyd dynol neu salwch dynol etc

(1)Caiff y cofrestrydd gofrestru person fel gweithiwr cymdeithasol yn rhan gweithwyr cymdeithasol y gofrestr, neu bersonau sy’n ffurfio grŵp penodedig o bersonau fel gweithwyr cymdeithasol yn y rhan honno, —

(a)os yw Gweinidogion Cymru wedi cynghori’r cofrestrydd bod argyfwng wedi codi, yn codi neu ar fin codi, ac y dylai’r cofrestrydd ystyried gweithredu o dan yr adran hon, a

(b)os yw’r cofrestrydd yn ystyried bod y gofyniad ar gyfer cofrestru mewn argyfwng wedi ei fodloni mewn perthynas â’r person neu’r grŵp o bersonau.

(2)At ddibenion is-adran (1)(b) mae’r gofyniad ar gyfer cofrestru mewn argyfwng yn cael ei fodloni—

(a)mewn perthynas â pherson, os yw’r cofrestrydd yn ystyried bod y person yn berson addas a phriodol sydd â phrofiad cyfaddas i gael ei gofrestru fel gweithiwr cymdeithasol o ran yr argyfwng;

(b)mewn perthynas â grŵp o bersonau, os yw’r cofrestrydd yn ystyried bod y grŵp yn cael ei ffurfio o bersonau sydd o fath y gellir eu hystyried yn rhesymol yn bersonau addas a phriodol sydd â phrofiad cyfaddas i gael eu cofrestru fel gweithwyr cymdeithasol o ran yr argyfwng.

(3)Caiff y cofrestrydd gofrestru pob un o’r personau sy’n ffurfio grŵp penodedig o bersonau heb enwi’n gyntaf bob person yn y grŵp.

(4)Caiff y cofrestrydd gynnwys anodiad yn rhan gweithwyr cymdeithasol y gofrestr sy’n dynodi bod person wedi cael ei gofrestru o dan yr adran hon.

(5)Mae cofrestriad person o dan yr adran hon yn cael effaith yn ddarostyngedig i unrhyw amodau a osodir gan y cofrestrydd; a chaiff y cofrestrydd amrywio neu ddirymu unrhyw amod o’r fath neu ychwanegu unrhyw amodau newydd ar unrhyw adeg.

(6)Pan fo person wedi ei gofrestru o dan yr adran hon fel aelod o grŵp penodedig, caniateir i gofrestriad y person fod (ond nid oes rhaid iddo fod) yn ddarostyngedig i’r un amodau â chofrestriad aelodau eraill o’r grŵp.

(7)Mae cofrestriad person o dan yr adran hon yn peidio â chael effaith os caiff ei ddirymu gan y cofrestrydd; a—

(a)rhaid i’r cofrestrydd ddirymu’r cofrestriad os yw Gweinidogion Cymru yn cynghori’r cofrestrydd nad yw’r amgylchiadau a arweiniodd Gweinidogion Cymru at roi’r cyngor y cyfeirir ato yn is-adran (1)(a) bellach yn bodoli;

(b)caiff y cofrestrydd, ar unrhyw adeg, ddirymu’r cofrestriad am unrhyw reswm arall, gan gynnwys pan fo’r cofrestrydd yn amau y gall addasrwydd y person i ymarfer fod wedi ei amharu.

(8)Caniateir i gofrestriad person fel aelod o grŵp penodedig gael ei ddirymu—

(a)heb ddirymu cofrestriad aelodau eraill o’r grŵp, neu

(b)o ganlyniad i benderfyniad i ddirymu cofrestriad pob aelod o’r grŵp.

(9)Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran (7)(a), mae’r cofrestriad yn peidio â chael effaith ar ddiwedd cyfnod o 14 diwrnod sy’n dechrau â’r diwrnod y caiff ei ddirymu.

(10)Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran (7)(b), mae’r cofrestriad yn peidio â chael effaith ar unwaith.

(11)Ni chaiff rheolau o dan adran 74 ddarparu ar gyfer codi ffioedd o ran cofrestriad person o dan yr adran hon.

(12)Nid yw darpariaethau canlynol y Ddeddf yn gymwys i bersonau a gofrestrir o dan yr adran hon—

(a)adrannau 82, 83, 84, 86, 87, 89, 94 a 95 (darpariaethau sy’n ymwneud â chofrestru) o’r Ddeddf hon;

(b)adrannau 113 i 115 (datblygiad proffesiynol parhaus) o’r Ddeddf hon a rheolau a wneir o dan unrhyw un o’r adrannau hynny;

(c)Rhan 6 (gweithwyr gofal cymdeithasol: addasrwydd i ymarfer) o’r Ddeddf hon ac eithrio adran 160(1) a (3) i (5).

(13)Os yw person yn torri amod y mae cofrestriad y person o dan yr adran hon yn ddarostyngedig iddo, mae unrhyw beth a wneir gan y person yn groes i’r amod i’w drin fel peth nad yw wedi ei wneud gan berson a gofrestrwyd yn rhan gweithwyr cymdeithasol y gofrestr.

(14)Yn yr adran hon mae i “argyfwng” yr ystyr a roddir i’r math o “emergency” a ddisgrifir yn adran 19(1)(a) o Ddeddf Argyfyngau Sifil Posibl 2004, wedi ei darllen ynghyd ag is-adran (2)(a) a (b) o’r adran honno.

(4)Section 101 (appeals against decisions of the registrar) has effect as if—

(a)after subsection (2) of the English language text there were inserted—

(3)Subsection (1) does not apply to—

(a)a decision by the registrar to refuse to register a person under section 83A, or

(b)a decision by the registrar to revoke a person’s registration under that section.;

(b)after subsection (2) of the Welsh language text there were inserted—

(3)Nid yw is-adran (1) yn gymwys i—

(a)penderfyniad gan y cofrestrydd i wrthod cofrestru person o dan adran 83A, neu

(b)penderfyniad gan y cofrestrydd i ddirymu cofrestriad person o dan yr adran honno.

(5)Section 160(1) (power of Social Care Wales to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions under section 83A.

Section 7

SCHEDULE 6Temporary registration of social workers: Scotland

Regulation of Care (Scotland) Act 2001

1(1)The Regulation of Care (Scotland) Act 2001 (asp 8) has effect subject to the following modifications.

(2)In section 44 (register of social workers and other social service workers)—

(a)in subsection (1), after paragraph (aa) insert—

(ab)temporary social workers;,

(b)in subsection (2), after paragraph (a) insert—

(ba)temporary social workers;, and

(c)after subsection (2A) insert—

(2B)In this Part, “temporary social worker” means a person who satisfies the requirements for temporary registration under section 46D.

(2C)Any rules made by the Council under this Part apply in relation to a person registered as a temporary social worker, and applications for registration as a temporary social worker, unless otherwise stated or provided for in this Part.

(3)In section 46 (grant or refusal of registration) after subsection (2H) insert—

(2I)This section does not apply in relation to applications for registration as a temporary social worker (see section 46D).

(4)After section 46B insert—

46CDirection to Council to consider applications for temporary registration

(1)The Scottish Ministers may direct the Council to consider applications for registration as a temporary social worker in accordance with section 46D.

(2)Before giving a direction under subsection (1), the Scottish Ministers—

(a)must have regard to advice relating to coronavirus from the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this section by the Scottish Ministers; and

(b)must be satisfied that the direction is a necessary and proportionate action for or in connection with the continued provision of social work services (within the meaning given by section 48 of the Public Services Reform (Scotland) Act 2010).

(3)The Scottish Ministers must publish a direction under subsection (1).

(4)A direction under subsection (1) has effect—

(a)for the period specified in the direction; or

(b)until revoked by a further direction stating that the Council is no longer to consider applications for registration as a temporary social worker.

46DGrant or refusal of temporary registration

(1)This section only applies where the Scottish Ministers have given the Council a direction under section 46C(1).

(2)The Council may grant an application for registration as a temporary social worker unconditionally if subsection (4) or (6) applies.

(3)Where the Council is not satisfied as mentioned in subsection (4) or (6) it may—

(a)grant the application subject to such conditions as it thinks fit; or

(b)refuse the application.

(4)This subsection applies where the Council is satisfied that the applicant—

(a)had previously been registered as a social worker in a relevant register during the period of 5 years before the date on which section 7 of the Coronavirus Act 2020 came into force;

(b)is of good character;

(c)satisfies such requirements as to competence or conduct as the Council may by rules impose; and

(d)either—

(i)satisfies such requirements as to education as the Council may by rules impose and has successfully completed a course of training, approved by the Council, for persons wishing to become social workers; or

(ii)satisfies such other requirements relating to education as the Council considers appropriate.

(5)For the purpose of subsection (4)(a), “relevant register” means—

(a)the register maintained by the Council under this Part;

(b)the register maintained by Social Work England under Part 2 of the Children and Social Work Act 2017 (and any corresponding register established under the law of England and Wales before that Act came into force);

(c)the register maintained by Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (and any corresponding register established under the law of England and Wales before that Act came into force);

(d)the register maintained by the Northern Ireland Social Care Council under Part 1 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 1 (N.I.)).

(6)This subsection applies where the Council is satisfied that the applicant—

(a)is participating in the final year of a relevant course of training in Scotland or in another part of the United Kingdom;

(b)despite not having completed the course, is suitably experienced to be registered as a temporary social worker;

(c)is of good character; and

(d)satisfies such requirements as to competence or conduct as the Council may by rules impose.

(7)For the purpose of subsection (6)(a), “relevant course of training” means—

(a)a course for those wishing to become a social worker which is approved by the Council in rules made under section 54(1) of this Act,

(b)such other course for those wishing to become a social worker as the Council considers appropriate.

46ENotice and effect of decisions on temporary registration

(1)Where the Council grants an application for registration as a temporary social worker unconditionally under section 46D(2)—

(a)the Council must give the applicant notice of that decision; and

(b)registration takes effect immediately on the notice being given.

(2)Where, under section 46D(3), the Council refuses such an application or grants it subject to conditions—

(a)the Council must give the applicant notice of that decision; and

(b)the notice must state the Council’s reasons for the decision.

(3)A decision to refuse the application or grant it subject to conditions takes effect immediately on notice to that effect being given.

(4)An applicant may not appeal any decision made by the Council under section 46D.

46FRegistration period for temporary registration

(1)A person’s registration as a temporary social worker has effect until the date on which the Scottish Ministers give a direction in accordance with section 46C(4)(b).

(2)After the date mentioned in subsection (1), the Council must remove the entry relating to the person in the part of the register for temporary social workers.

(3)The Council may not by rules extend the period for which, by virtue of subsection (1), a person’s registration as a temporary social worker has effect.

46GSubsequent applications for registration as social worker

(1)Where a person described in section 46D(4)(a)—

(a)is granted registration as a temporary social worker under that section; and

(b)remains registered as a temporary social worker;

the person may subsequently apply for registration as a social worker in accordance with this Part.

(2)Where a person described in section 46D(6)(a)—

(a)is granted registration as a temporary social worker under that section;

(b)remains registered as a temporary social worker; and

(c)completes their course of training;

the person may subsequently apply for registration as a social worker in accordance with this Part.

(3)Where subsection (1) or (2) applies and the person’s application for registration as a social worker is granted—

(a)the person’s registration as a temporary social worker ceases to have effect from the date on which their registration as a social worker has effect under section 46; and

(b)the Council must remove the entry relating to the person in the part of the register for temporary social workers.

(4)Where a person’s registration as a temporary social worker otherwise ceases to have effect, the person may subsequently apply for registration as a social worker in accordance with this Part.

(5)In section 47 (variation of conditions) after subsection (2) insert—

(3)Subsection (2)(b) does not apply in relation to a person registered as a temporary social worker.

(6)In section 48 (right to make representations to Council as respects decision under section 47) after subsection (2) insert—

(2A)But subsections (3) and (4) do not apply in relation to a person registered as a temporary social worker.

(7)In section 50 (notice of Council’s decision under rules under section 49) after subsection (2) insert—

(3)Subsection (3)(a) does not apply in relation to a person registered as a temporary social worker.

(8)In section 51 (appeals) before subsection (A1) insert—

(ZA1)This section does not apply in relation to a person registered as a temporary social worker or applications for registration as a temporary social worker.

(9)In section 52 (offence of using title of social worker while unregistered) in subsection (1)(a), in each of the three places where it occurs, after “social worker” insert “or temporary social worker”.

(10)In section 53 (codes of practice) before subsection (1) insert—

(A1)For the purpose of this section, “social service worker” includes a person registered as a temporary social worker.

(11)In section 54 (approval of courses etc) after subsection (4) insert—

(5)This section does not apply in relation to a person registered as a temporary social worker.

(12)In section 55 (grants and allowances for training) in subsection (1), after “social service workers” insert “or temporary social workers”.

(13)In section 57 (power of the Council to make rules)—

(a)in subsection (1)(c), in the closing text, after “provide” insert “(but see sections 46F and 46G of this Act in relation to a person registered as a temporary social worker)”;

(b)after subsection (2A) insert—

(2B)Rules made by the Council under subsection (2) may not make provision for the payment of fees in connection with registration as a temporary social worker.

(14)In section 57A (notification of dismissal etc to Council)—

(a)in the opening words, after “worker” insert “or a person registered as a temporary social worker”;

(b)in paragraph (a), after “worker” insert “or person registered as a temporary social worker”;

(c)in paragraph (b), after “worker” insert “or person registered as a temporary social worker”.

(15)In section 57B (provision of other information to Council by employer) after “social service worker” insert “or a person registered as a temporary social worker”.

(16)In section 58 (functions of the Scottish Ministers under this Part)—

(a)in subsection (1)(a), before sub-paragraph (i) insert—

(zi)temporary social workers;;

(b)in subsection (1)(b), after “social service workers” insert “or temporary social workers”;

(c)in subsection (2)(b), after “social service workers” insert “or temporary social workers”;

(d)in subsection (3), after “social service workers” insert “or temporary social workers”.

(17)In section 77 (interpretation) after the definition of “EEA state”, insert—

  • “temporary social worker” has the meaning given by section 44(2B);.

Social workers and social service workers in care services

2(1)The Registration of Social Workers and Social Service Workers in Care Services (Scotland) Regulations 2013 (S.S.I. 2013/227) have effect subject to the following modifications.

(2)In regulation 4 (requirements on social workers)—

(a)in paragraph (3)(a), for “6” substitute “12”; and

(b)in paragraph (6), for “six” substitute “12”.

(3)In regulation 5 (requirements on social service workers)—

(a)in paragraph (3)(a), for “6” substitute “12”; and

(b)in paragraph (6), for “six” substitute “12”.

Section 8

SCHEDULE 7Emergency volunteering leave

PART 1Entitlement to emergency volunteering leave

Entitlement to emergency volunteering leave

1(1)A worker is entitled to be absent from work on leave for the period specified in an emergency volunteering certificate if the condition in sub-paragraph (2) is met.

(2)The condition is that, no later than 3 working days before the first day of the period specified in the emergency volunteering certificate, the worker—

(a)notifies their employer in writing of their intention to be absent from work on leave for the period specified in the emergency volunteering certificate, and

(b)provides their employer with a copy of the certificate.

(3)An “emergency volunteering certificate” is a document issued by an appropriate authority certifying that the worker—

(a)has been approved by the authority as an emergency volunteer in health or social care, and

(b)will be acting as an emergency volunteer in health or social care from the date, and for the period, specified in the certificate.

(4)The period specified in the certificate must be a period of—

(a)two consecutive weeks,

(b)three consecutive weeks, or

(c)four consecutive weeks,

and must begin and end in the same volunteering period.

(5)A worker may not be absent from work under this paragraph more than once in each volunteering period.

(6)This paragraph is subject to paragraph 3 (exceptions).

(7)In this Schedule “emergency volunteering leave” means leave under this paragraph.

Meaning of “volunteering period”

2(1)For the purposes of paragraph 1 the “volunteering periods” are—

(a)the period of 16 weeks beginning with the day on which this Schedule comes into force;

(b)any subsequent periods of 16 weeks specified by the relevant national authority in regulations;

(c)any period of less than 16 weeks, ending with the expiry of this Part of this Schedule, specified by the relevant national authority in regulations.

(2)A volunteering period specified in regulations under sub-paragraph (1)(b) or (1)(c)

(a)may not begin before the end of the previous volunteering period;

(b)may, but need not, begin immediately after the end of the previous volunteering period.

(3)In this paragraph the “relevant national authority” means—

(a)in relation to England and Wales and Scotland, the Secretary of State;

(b)in relation to Northern Ireland, the Secretary of State or the Department for the Economy in Northern Ireland.

(4)The Secretary of State may not make regulations under this paragraph in relation to Northern Ireland unless the Department for the Economy in Northern Ireland consents.

Exceptions to entitlement to emergency volunteering leave

3(1)Paragraph 1 does not apply where the worker—

(a)is employed by an undertaking which has a headcount of staff of less than 10;

(b)is employed by the Crown;

(c)is a relevant member of the House of Lords staff, within the meaning of section 194 of the Employment Rights Act 1996;

(d)is a relevant member of the House of Commons staff, within the meaning of section 195 of the Employment Rights Act 1996;

(e)is employed under a contract of employment with the National Assembly for Wales Commission;

(f)is employed under a contract of employment with the Scottish Parliamentary Corporate Body;

(g)is employed under a contract of employment with the Northern Ireland Assembly Commission;

(h)is employed under a contract of employment in police service (within the meaning of section 200(2) of the Employment Rights Act 1996);

(i)is of a description specified in regulations made by the relevant national authority.

(2)Sub-paragraph (1)(h) does not apply in relation to Northern Ireland.

(3)In sub-paragraph (1)(i) the “relevant national authority” means—

(a)in relation to England and Wales and Scotland, the Secretary of State;

(b)in relation to Northern Ireland, the Department for the Economy in Northern Ireland.

Meaning of “appropriate authority”

4(1)This paragraph applies for the interpretation of this Part of this Schedule.

(2)In relation to England, “appropriate authority” means—

(a)the Secretary of State for Health and Social Care,

(b)the National Health Service Commissioning Board,

(c)a county council,

(d)a district council for an area for which there is no county council,

(e)a London borough council,

(f)the Common Council of the City of London, or

(g)the Council of the Isles of Scilly.

(3)In relation to Wales, “appropriate authority” means—

(a)the Welsh Ministers,

(b)a county council, or

(c)a county borough council.

(4)In relation to Scotland, “appropriate authority” means—

(a)the Scottish Ministers, or

(b)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(5)In relation to Northern Ireland, “appropriate authority” means—

(a)the Department of Health in Northern Ireland,

(b)the Regional Health and Social Care Board, or

(c)a Health and Social Care trust.

PART 2Effect of taking emergency volunteering leave

Application of terms and conditions of employment

5(1)An employee who takes emergency volunteering leave is, during any period of leave—

(a)entitled to the benefit of all of the terms and conditions of employment which would have applied if the employee had not been absent, and

(b)bound by any obligations arising under those terms and conditions (except in so far as they are inconsistent with paragraph 1).

(2)In sub-paragraph (1) “terms and conditions of employment”—

(a)includes matters connected with an employee’s employment whether or not they arise under the contract of employment, but

(b)does not include terms and conditions about remuneration.

(3)For the purposes of this paragraph, only sums payable to an employee by way of wages or salary are to be treated as remuneration.

Right to return

6(1)An employee who returns to work after a period of emergency volunteering leave is entitled to return from leave to the job in which they were employed before the absence.

(2)The right to return under this paragraph is a right to return—

(a)with the employee’s seniority, pension and similar rights as they would have been if the employee had not been absent, and

(b)on terms and conditions no less favourable than those which would have applied if the employee had not been absent.

Pension rights

7(1)If an employment-related benefit scheme does not include an emergency volunteering rule, it is to be treated as including one.

(2)An emergency volunteering rule is a provision that has the effect set out in sub-paragraphs (3) and (4).

(3)If a relevant term does not treat time when a worker is on emergency volunteering leave as it treats time when they are not, the term is modified so as to treat time when they are on emergency volunteering leave as time when they are not.

(4)If a term confers a relevant discretion capable of being exercised so that time when a worker is on emergency volunteering leave is treated differently from time when they are not, the term is modified so as not to allow the discretion to be exercised in that way.

(5)A term is relevant if it is—

(a)a term relating to membership of the scheme,

(b)a term relating to the accrual of rights under the scheme, or

(c)a term providing for the determination of the amount of a benefit payable under the scheme.

(6)A discretion is relevant if its exercise is capable of affecting—

(a)membership of the scheme,

(b)the accrual of rights under the scheme, or

(c)the determination of the amount of a benefit payable under the scheme.

(7)This paragraph does not require the worker’s contributions to the scheme in respect of time when they are on emergency volunteering leave to be determined otherwise than by reference to the amount they are paid by the employer in respect of that time.

(8)“Employment-related benefit scheme”—

(a)in relation to England and Wales and Scotland, has the meaning given by paragraph 7 of Schedule 5 to the Social Security Act 1989;

(b)in relation to Northern Ireland, has the meaning given by paragraph 7 of Schedule 5 to the Social Security (Northern Ireland) Order 1989 (S.I. 1989/1342 (N.I. 13)).

PART 3Modifications of Employment Rights Act 1996

8The Employment Rights Act 1996 (“the 1996 Act”) has effect in accordance with this Part of this Schedule.

9The 1996 Act has effect as if after section 47G there were inserted—

47HEmergency volunteering leave

(1)A worker has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by their employer on the grounds that—

(a)the worker took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or

(b)the employer believed that the worker was likely to take emergency volunteering leave under that Schedule.

(2)A worker makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020.

(3)Subsection (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal within the meaning of Part 10.

10The 1996 Act has effect as if in section 48 (complaints to employment tribunals)—

(a)after subsection (1B) there were inserted—

(1C)A worker may present a complaint to an employment tribunal that they have been subjected to a detriment in contravention of section 47H.;

(b)in subsection (2), for “or (1B)” there were substituted “, (1B) or (1C)”.

11The 1996 Act has effect as if in section 49 (remedies)—

(a)in subsection (1), for “or (1B)” there were substituted “, (1B) or (1C)”;

(b)after subsection (7) there were inserted—

(8)Where—

(a)the complaint is made under section 48(1C),

(b)the detriment to which the worker is subjected is the termination of their worker’s contract, and

(c)that contract is not a contract of employment,

any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the worker had been an employee and had been dismissed for the reason specified in section 104H.

12The 1996 Act has effect as if in section 88 (pay during period of notice: employments with normal working hours), in subsection (1)(c), after “paternity leave” there were inserted “or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020”.

13The 1996 Act has effect as if in section 89 (pay during period of notice: employments without normal working hours), in subsection (3)(b), after “paternity leave” there were inserted “or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020”.

14The 1996 Act has effect as if after section 104G there were inserted—

104HEmergency volunteering leave

(1)An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that—

(a)the employee took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or

(b)the employer believed that the employee was likely to take emergency volunteering leave under that Schedule.

(2)An employee makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020.

15The 1996 Act has effect as if in section 105 (redundancy), after subsection (7BB) there were inserted—

(7BC)This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104H.

16The 1996 Act has effect as if in section 108(3) (exceptions to qualifying period of employment for unfair dismissal), after paragraph (gm) there were inserted—

(gn)section 104H applies,.

17The 1996 Act has effect as if in section 124(1A) (exceptions to limits on compensation), after “103A,” there were inserted “104H,”.

18The 1996 Act has effect as if in section 203(1)(a) (restrictions on contracting out), after “this Act” there were inserted “or Schedule 7 to the Coronavirus Act 2020”.

PART 4Modifications of Employment Rights (Northern Ireland) Order 1996

19The Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) (“the 1996 Order”) has effect in accordance with this Part of this Schedule.

20The 1996 Order has effect as if after Article 70F there were inserted—

70GEmergency volunteering leave

(1)A worker has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by their employer on the grounds that—

(a)the worker took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or

(b)the employer believed that the worker was likely to take emergency volunteering leave under that Schedule.

(2)A worker makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020.

(3)Paragraph (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal within the meaning of Part 11.

21The 1996 Order has effect as if in Article 71 (complaints to industrial tribunals)—

(a)after paragraph (1B) there were inserted—

(1C)A worker may present a complaint to an industrial tribunal that they have been subjected to a detriment in contravention of Article 70G.;

(b)in paragraph (2), for “or (1B)” there were substituted “, (1B) or (1C)”.

22The 1996 Order has effect as if in Article 72 (remedies)—

(a)in paragraph (1), for “or (1B)” there were substituted “, (1B) or (1C)”;

(b)after paragraph (7) there were inserted—

(8)Where—

(a)the complaint is made under Article 71(1C),

(b)the detriment to which the worker is subjected is the termination of their worker’s contract, and

(c)that contract is not a contract of employment,

any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 11 if the worker had been an employee and had been dismissed for the reason specified in Article 135G.

23The 1996 Order has effect as if in Article 120 (pay during period of notice: employments with normal working hours), in paragraph (1)(c), after “paternity leave” there were inserted “or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020”.

24The 1996 Order has effect as if in Article 121 (pay during period of notice: employments without normal working hours), in paragraph (3)(b), after “paternity leave” there were inserted “or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020”.

25The 1996 Order has effect as if after Article 135F there were inserted—

135GEmergency volunteering leave

(1)An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that—

(a)the employee took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or

(b)the employer believed that the employee was likely to take emergency volunteering leave under that Schedule.

(2)An employee makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020.

26The 1996 Order has effect as if in Article 137 (redundancy)—

(a)in paragraph (1)(c), for “(7M)” there were substituted “(7N)”;

(b)after paragraph (7M) there were inserted—

(7N)This paragraph applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in Article 135G.

27The 1996 Order has effect as if in Article 140(3) (exceptions to qualifying period of employment for unfair dismissal), after sub-paragraph (fk) there were inserted—

(fl)Article 135G applies,.

28The 1996 Order has effect as if in Article 158(1A) (exceptions to limits on compensation), after “135F,” there were inserted “135G,”.

29The 1996 Order has effect as if in Article 245(1)(a) (restrictions on contracting out), after “this Order” there were inserted “or Schedule 7 to the Coronavirus Act 2020”.

PART 5General

Application of this Schedule to agency workers

30(1)This paragraph applies in relation to a worker who is supplied by a person (an “agent”) to do work for another (a “principal”) under a contract or other arrangements made between the agent and the principal.

(2)Where the worker gives notice and a certificate under paragraph 1(2) to the employer, the employer must as soon as reasonably practicable provide copies of them—

(a)if the employer is the agent, to any principals to whom the worker was to be supplied during the period specified in the certificate,

(b)if the employer is a principal, to the agent, and

(c)if the employer is neither the agent nor a principal, to the agent and any principals to whom the worker was to be supplied during the period specified in the certificate.

(3)For the purposes of the provisions mentioned in sub-paragraph (4) references to the worker’s employer are to be read as including—

(a)the agent, and

(b)any principals to whom the worker was to be supplied during the period specified in the certificate,

(where they would not otherwise be the worker’s employer).

(4)The provisions referred to in sub-paragraph (3) are—

(a)in paragraph 9, section 47H (right not to be subjected to detriment by employer: Great Britain);

(b)in paragraph 20, Article 70G (right not to be subjected to detriment by employer: Northern Ireland).

Interpretation

31(1)This paragraph applies for the interpretation of this Schedule.

(2)In relation to England and Wales and Scotland, the following terms have the meaning given by section 230 of the Employment Rights Act 1996—

  • “contract of employment”,

  • “employed”,

  • “employee”,

  • “employer”,

  • “employment”,

  • “worker”,

  • “worker’s contract”.

(3)In relation to Northern Ireland, the following terms have the meaning given by Article 3 of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))—

  • “contract of employment”,

  • “employed”,

  • “employee”,

  • “employer”,

  • “employment”,

  • “worker”,

  • “worker’s contract”.

(4)“Emergency volunteering leave” has the meaning given by paragraph 1.

(5)“Health or social care” has the meaning given by section 9 of the Health and Social Care Act 2008.

(6)“Week” means any period of 7 consecutive days.

(7)“Working day” means a day other than—

(a)a Saturday or a Sunday,

(b)Christmas Day or Good Friday, or

(c)a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Regulations

32A power to make regulations under this Schedule includes power to make consequential, supplementary, incidental, transitional or saving provision.

33(1)Regulations made by the Secretary of State under this Schedule are to be made by statutory instrument.

(2)A statutory instrument containing regulations made by the Secretary of State under this Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.

34(1)Regulations made by the Department for the Economy in Northern Ireland under this Schedule may contain only provision which—

(a)would be within the legislative competence of the Northern Ireland Assembly, and

(b)would not require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

(2)The power of the Department for the Economy in Northern Ireland to make regulations under this Schedule is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(3)Regulations under this Schedule made by the Department for the Economy in Northern Ireland are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Section 10

SCHEDULE 8Mental health: England and Wales

PART 1Introductory provision etc

Interpretation

1(1)References in this Schedule to sections are to sections of the Mental Health Act 1983 (“the 1983 Act”).

(2)Expressions used in this Schedule and in the 1983 Act have the same meaning as in that Act.

Forms

2Where any form prescribed for use in connection with a provision of the 1983 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—

(a)may, in connection with the provision as so modified, be used with appropriate amendments;

(b)is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.

PART 2Modifications of the Mental Health Act 1983 and related provision

Applications for compulsory admission to hospital for assessment or treatment

3(1)An application by an approved mental health professional under section 2 or 3 made during a period for which this paragraph has effect may be founded on a recommendation by a single registered medical practitioner (a “single recommendation”), if the professional considers that compliance with the requirement under that section for the recommendations of two practitioners is impractical or would involve undesirable delay.

(2)A single recommendation must otherwise comply with the requirements of section 2(3) or 3(3).

(3)An application founded on a single recommendation must include a statement of the opinion referred to in sub-paragraph (1).

(4)An emergency application under section 4 may not be founded on a single recommendation (but this does not limit section 4(3)).

(5)Section 11(7) (applications may be founded on separate or joint recommendations) does not apply to an application founded on a single recommendation.

(6)Section 12(1) has effect as if it required a single recommendation to be signed on or before the date of the application, and to be given by a practitioner who has personally examined the patient.

(7)Section 12(2) has effect as if it required a single recommendation to be given by a practitioner approved for the purposes of that section by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder (or by a person treated as so approved by virtue of section 12(2A)).

(8)Section 12(1) and (2) do not otherwise apply to a single recommendation (and accordingly there is no requirement for the practitioner giving the recommendation to have previous acquaintance with the patient).

(9)A single recommendation is subject to section 15(2) (except paragraph (b)) in the same way as one of two recommendations (and section 15(3) does not apply to it).

Applications for compulsory admission of patients already in hospital

4(1)Any registered medical practitioner or approved clinician may furnish a report for the purposes of section 5(2) (detention of patient in hospital pending application for admission) if it appears to the practitioner or clinician that complying with the requirement under that provision for the report to be furnished by the practitioner or clinician in charge of the treatment of the patient is impractical or would involve undesirable delay.

(2)Section 5(2) (period for which patient can be detained following report by practitioner or clinician) has effect in relation to a patient detained after the beginning of any period for which this sub-paragraph has effect as if for “72 hours” there were substituted “120 hours”.

(3)Section 5(4) (period for which patient can be detained pending report by practitioner or clinician) has effect in relation to a patient detained after the beginning of any period for which this sub-paragraph has effect as if for “six hours” there were substituted “12 hours”.

Period of remand to hospital

5Sections 35(7) (period of remand to hospital for report on mental condition) and 36(6) (period of remand to hospital for treatment) have effect as if the words “or for more than 12 weeks in all” were omitted.

Court orders for the detention of accused or convicted persons in hospital

6(1)Any power of a court under a provision listed in sub-paragraph (2) may be exercised if the court—

(a)is satisfied that complying with the requirement applying to that provision for the evidence of two registered medical practitioners is impractical or would involve undesirable delay, and

(b)is satisfied on the evidence of a single registered medical practitioner of the matters of which it would (but for this paragraph) have to be satisfied on the evidence of two practitioners,

and any other conditions for the exercise of the power are met.

(2)Those provisions are—

(a)section 36(1) (power to remand accused person to hospital for treatment);

(b)section 37(1) (power to order detention in hospital, or guardianship, of convicted person);

(c)section 38(1) (power to order interim detention of convicted person in hospital pending final hospital order or other disposal);

(d)section 45A(3) (power to direct that a person sentenced to imprisonment be detained in hospital instead of prison);

(e)section 51(5) (power to order detention of a person in hospital in the absence of the person).

(3)The power in section 45A(3) may only be exercised by virtue of sub-paragraph (1) if the practitioner has given evidence orally before the court (and section 45A(4) accordingly does not apply).

Directions for the transfer of prisoners to hospital

7A transfer direction may be given under section 47(1) or 48(1) (removal of prisoners to hospital) if the Secretary of State—

(a)is satisfied that complying with the requirement under that provision for reports from at least two registered medical practitioners is impractical or would involve undesirable delay, and

(b)is satisfied of the matters mentioned in paragraphs (a) to (c) of that provision by a report from one registered medical practitioner,

and any other conditions for the exercise of the power are met.

Conveyance of accused or convicted persons to hospital

8(1)The provisions listed in sub-paragraph (2) have effect as if references to conveying or admitting a person to hospital within a specified period were references to doing so within that period or as soon as practicable after the end of that period.

(2)Those provisions are—

(a)section 35(9) (including as applied by section 36(8)) (remand in hospital);

(b)section 40(1) and (3) (effect of hospital orders and interim hospital orders);

(c)section 45B(1) (effect of hospital directions and limitation directions).

(3)Section 47(2) (period within which person subject to transfer direction must be received into hospital) has effect as if for “14 days” there were substituted “28 days”.

(4)This paragraph applies, during a period for which it has effect, only in relation to a person in respect of whom an order or direction is made after the beginning of that period.

Administration of medicine to persons liable to detention in hospital

9(1)The approved clinician in charge of treatment within section 58(1)(b) (administration of medicine for more than three months) may give a certificate under section 58(3)(b) (appropriateness of treatment without consent) if the clinician considers that complying with the requirement under that provision for the certificate to be given by a registered medical practitioner other than that clinician or the responsible clinician is impractical or would involve undesirable delay.

(2)A registered medical practitioner (or an approved clinician acting in accordance with sub-paragraph (1)) may give a certificate under section 58(3)(b) having consulted only one other person, if the practitioner (or clinician) considers that complying with the requirement under section 58(4) for consultation with two other persons is impractical or would involve undesirable delay.

(3)The person consulted in accordance with sub-paragraph (2)

(a)must have been professionally concerned with the patient’s medical treatment, and

(b)must not be a nurse, a registered medical practitioner, the responsible clinician or the approved clinician in charge of the treatment in question.

Detention in place of safety

10Sections 135(3ZA) and 136(2A) (period of detention in a place of safety) and 136B (extension of detention) have effect in relation to a person detained after the beginning of any period for which this paragraph has effect as if for “24 hours” (in each place where it occurs) there were substituted “36 hours”.

Constitution and proceedings of the Mental Health Review Tribunal for Wales

11(1)Sub-paragraph (2) applies if the President of the Mental Health Review Tribunal for Wales (“the Tribunal”), or another member of the Tribunal appointed by the President for the purpose referred to in paragraph 4 of Schedule 2 to the 1983 Act, considers that it is impractical or would involve undesirable delay for the Tribunal to be constituted, for the purposes of any proceedings or class or group of proceedings under the 1983 Act, by at least three members as provided for in that paragraph.

(2)The President, or that other member, may instead appoint to constitute the Tribunal, for the purposes of those proceedings or that class or group of proceedings—

(a)one of the legal members of the Tribunal, or

(b)one of the legal members of the Tribunal and one other member who is not a legal member.

(3)Where the Tribunal is constituted by one or two members under sub-paragraph (2)(a) or (b), section 65(3) has effect as if the reference to any three or more of its members were a reference to that one member or those two members (as the case may be).

(4)Paragraph 6 of Schedule 2 to the 1983 Act does not apply where the Tribunal is constituted by one or two members under sub-paragraph (2)(a) or (b).

If the Tribunal is constituted by two members, the legal member is to be the chairman.

(5)Where the Tribunal is constituted by a single member under sub-paragraph (2)(a), in rule 11(2) of the Mental Health Review Tribunal for Wales Rules 2008 (S.I. 2008/2705) (“the 2008 Rules”), the reference to the chairman is to be read as a reference to that member.

(6)Where the Tribunal is constituted under sub-paragraph (2) without a medical member, rule 20(1) and (2) of the 2008 Rules does not apply.

12(1)The Mental Health Review Tribunal for Wales Rules 2008 (“the 2008 Rules”) have effect subject to this paragraph.

(2)The Tribunal may determine an application or reference without a hearing if it considers that—

(a)holding a hearing is impractical or would involve undesirable delay,

(b)having regard to the nature of the issues raised in the case, sufficient evidence is available to enable it to come to a decision without a hearing, and

(c)to dispense with a hearing would not be detrimental to the health of the patient.

(3)The Tribunal must, as soon as reasonably practicable, give notice to each party of—

(a)its decision to dispense with a hearing under sub-paragraph (2), and

(b)the earliest time at which it might determine the application or reference in accordance with that sub-paragraph (which must be such as to afford the parties reasonable notice).

(4)Where an application or reference is to be determined in accordance with sub-paragraph (2)

(a)in rules 4, 15 and 20 of the 2008 Rules, references to a hearing (or its commencement) are to be read as references to the time notified under sub-paragraph (3)(b);

(b)in rule 24(1) and (2) of the 2008 Rules, references to the start of the hearing are to be read as references to the determination of the application or reference;

(c)in rule 28 of the 2008 Rules—

(i)paragraph (1) does not apply, and

(ii)in paragraph (3), references to the hearing are to be read as references to the determination of the application or reference.

(5)The Tribunal may at any time reverse a decision to dispense with a hearing under sub-paragraph (2), and if it does so it must give notice to each party and make such consequential directions as it considers appropriate.

(6)Expressions used in this paragraph and in the 2008 Rules have the same meaning as in those Rules.

13(1)If the President of the Tribunal is temporarily unable to discharge the functions of the office, the President of the Welsh Tribunals may from time to time nominate another legal member of the Tribunal to act as the temporary deputy of the President of the Tribunal for the purpose of discharging those functions generally or certain of them specifically.

(2)While such a nomination remains in force, any reference to the President of the Tribunal in the 1983 Act or any other enactment or instrument is to be read accordingly.

PART 3Transitional provision

14Paragraph 4(2) or (3), 8(3) or 10 continues to apply after the end of a period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.

15Where, by virtue of paragraph 5, a person has been remanded under section 35(7) or 36(6) for more than 12 weeks in all, the person may not be further remanded under that provision after the end of a period for which that paragraph has effect.

16(1)Paragraph 8(1) continues to apply after the end of a period for which it has effect in relation to any order or direction made during that period, subject to sub-paragraph (2).

(2)The constable or other person whose duty is modified by that provision must in any event convey the person concerned to the requisite hospital within the period of seven days beginning with the day on which the period referred to in sub-paragraph (1) ends.

17Paragraph 11(3) to (6) continues to apply after the end of a period for which it has effect in relation to proceedings that are, when the period ends, before a constitution of the Mental Health Review Tribunal for Wales appointed under sub-paragraph (2) of that paragraph.

18Paragraph 12 continues to apply after the end of a period for which it has effect in relation to any application or reference with respect to which, when the period ends, a decision to dispense with a hearing has been notified by the Mental Health Review Tribunal for Wales under sub-paragraph (3) of that paragraph and remains current

19Paragraph 13 continues to apply after the end of a period for which it has effect in relation to any nomination of a temporary deputy that is in force when the period ends.

Section 10

SCHEDULE 9Mental health: Scotland

PART 1Introductory provision etc

Interpretation

1(1)References in Part 2 of this Schedule to sections and schedules are to sections and schedules of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”).

(2)Expressions used in Part 2 of this Schedule and in the 2003 Act have the same meaning as in that Act.

(3)References in Part 3 of this Schedule to sections are to sections of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”).

(4)Expressions used in Part 3 of this Schedule and in the 1995 Act have the same meaning as in that Act.

Forms

2Where any form prescribed for use in connection with a provision of the 2003 Act or the 1995 Act is inconsistent with a modification made by Part 2 or (as the case may be) Part 3 of this Schedule, the form—

(a)may, in connection with the provision as so modified, be used with appropriate amendments;

(b)is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.

PART 2Modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003

Emergency detention

3Section 36(8)(b) (emergency detention: period for which patient may be detained in hospital) has effect as if for “72 hours” there were substituted “120 hours”.

Short-term detention certificates

4(1)An approved medical practitioner may grant a short-term detention certificate in respect of a patient under section 44(1) without consulting a mental health officer if the practitioner considers that compliance with the requirement under that section to consult a mental health officer (and for the mental health officer to consent to the granting of the certificate) is impractical or would involve undesirable delay.

(2)Sub-paragraphs (3) to (6) apply where a short-term detention certificate (the “first certificate”) is in force in respect of a patient.

(3)Despite section 44(1)(b), an approved medical practitioner may grant one further short-term detention certificate (the “second certificate”) in respect of the patient under section 44(1).

(4)The second certificate may be granted before or on the expiry of the first certificate.

(5)If the second certificate is granted before the expiry of the first certificate, the first certificate expires on the granting of the second certificate.

(6)If the approved medical practitioner grants a second certificate, the practitioner must record the reasons why it has been impracticable to apply instead for a compulsory treatment order.

(7)Other than as mentioned in sub-paragraphs (3) to (6), section 44 (as modified by sub-paragraph (1)) applies in relation to a second certificate as it applies in relation to a first certificate.

Compulsory treatment orders

5(1)An application by a mental health officer under section 63 may be founded on a mental health report from a single approved medical practitioner (who may be the practitioner making the application) if the approved medical practitioner considers that compliance with the requirement under that section for mental health reports from two medical practitioners is impractical or would involve undesirable delay.

(2)A single mental health report must otherwise comply with the requirements of section 57.

Transfer for treatment directions

6A transfer for treatment direction may be made under section 136(2) if the Scottish Ministers—

(a)are satisfied that complying with the requirement under that section for reports from two medical practitioners is impractical or would involve undesirable delay, and

(b)are satisfied of the matters mentioned in subsections (3) and (4) of that section by a report from a single approved medical practitioner,

and any other conditions for the exercise of the power are met.

Nurse’s power to detain pending medical examination

7Section 299(2) (nurse’s power to detain pending medical examination) has effect as if for “3 hours” there were substituted “6 hours”.

Admission to hospital

8Section 136(3) and (6) have effect as if references to admitting a person to hospital within the period of 7 days were references to doing so within that period or as soon as practicable after the end of that period.

Suspension of requirements to review orders and directions authorising detention

9(1)The provisions listed in sub-paragraph (2) are suspended.

(2)Those provisions are—

(a)section 77 (first mandatory review of compulsory treatment order);

(b)section 78 (further mandatory reviews of compulsory treatment order);

(c)section 139 (first review of compulsion order);

(d)section 140 (further reviews of compulsion order);

(e)section 182 (review of compulsion and restriction order);

(f)section 189 (reference to Tribunal by Scottish Ministers);

(g)section 206 (review of hospital direction and transfer for treatment direction);

(h)section 213 (hospital direction and transfer for treatment direction: reference to Tribunal).

Administration of medicine

10Medicine (as defined in section 240) may be given to a patient without a certificate under section 241(1) if the patient’s responsible medical officer has requested a certificate from a designated medical practitioner but the practitioner has not yet issued a certificate (and a certificate has not been refused).

Constitution of Mental Health Tribunal for Scotland

11The Tribunal may consist of—

(a)the President or a single member selected by the President from the panel mentioned in paragraph 1(1)(a) of Schedule 2 (“the convener”), or

(b)the convener and a member selected by the President from the panel mentioned in paragraph 1(1)(b) or (c) of that Schedule,

if it is impractical to comply with paragraph 7(3) of that Schedule.

PART 3Modifications of the Criminal Procedure (Scotland) Act 1995

Assessment orders: extension

12Section 52G(4A)(b) (period for which assessment order may be extended: end point) has effect as if for the words “14 days” there were substituted “12 weeks”.

Court orders authorising detention

13(1)Any power of a court under a provision listed in sub-paragraph (2) may be exercised if the court—

(a)is satisfied that complying with the requirement under that provision for the written or oral evidence of two medical practitioners is impractical or would involve undesirable delay, and

(b)is satisfied on the written or oral evidence of a single approved medical practitioner of the matters of which it would (but for this paragraph) have to be satisfied on the evidence of two practitioners,

and any other conditions for the exercise of the power are met.

(2)Those provisions are—

(a)section 52M(2) (treatment order);

(b)section 53(2) (interim compulsion order);

(c)section 54(1) (temporary compulsion order);

(d)section 57A(2), (5) and (6) (compulsion order);

(e)section 59A(2) (hospital direction);

(f)section 60C(2) (acquitted persons: detention for medical examination).

Admission to hospital

14(1)The provisions listed in sub-paragraph (2) have effect as if references to admitting a person to hospital within the period of 7 days were references to doing so within that period or as soon as practicable after the end of that period.

(2)Those provisions are—

(a)section 53(8) (interim compulsion order);

(b)section 54(2B) (temporary compulsion order);

(c)section 57A(5) (compulsion order);

(d)section 59A(4) and (7) (hospital direction).

PART 4Modifications of subordinate legislation

The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (SSI 2005/519)

15If the Tribunal considers that it would be impractical to hold a hearing rule 58 of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (power of Tribunal to decide case without a hearing) applies as if rule 58(1)(d) to (f), (2)(b) to (e), (3) and (4) were omitted.

The Mental Health (Conflict of Interest) (Scotland) Regulations 2017 (SSI 2017/174)

16(1)The Mental Health (Conflict of Interest) (Scotland) Regulations 2017 apply as if the regulations mentioned in sub-paragraph (2) (all of which make provision about circumstances in which there is to be taken to be a conflict of interest for medical practitioners) were omitted.

(2)Those regulations are—

(a)regulation 2(b);

(b)regulation 4(1)(c) and (d), (2) and (3);

(c)regulation 5(1)(b) and (2).

Section 10

SCHEDULE 10Mental health: Northern Ireland

PART 1Introductory provision etc

Interpretation

1(1)In this Schedule—

  • “the 1986 Order” means the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));

  • “the 1986 Regulations” means the Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) Regulations (Northern Ireland) 1986 (S.R. (N.I.) 1986 No. 174);

  • “the Department of Health” means the Department of Health in Northern Ireland;

  • an “RQIA practitioner” means a medical practitioner appointed for the purposes of Part 2 of the 1986 Order by RQIA.

(2)In this Schedule—

(a)references to Articles are to Articles of the 1986 Order;

(b)references to Forms are to the Forms set out in the Schedule to the 1986 Regulations.

(3)Expressions used in this Schedule and in the 1986 Order have the meaning given in that Order.

Prescribed forms

2Where any form prescribed for use in connection with a provision of the 1986 Order is inconsistent with a modification made by Part 2 of this Schedule, the form—

(a)may, in connection with the provision as so modified, be used with appropriate amendments;

(b)is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.

PART 2Modifications of the Mental Health (Northern Ireland) Order 1986

Applications for compulsory admission to hospital for assessment

3(1)An application for assessment may be made by a relevant social worker in accordance with Article 4 if the social worker is of the opinion that an application should be made but that it is impractical or would involve undesirable delay for the application to be made by an approved social worker.

(2)A patient may be admitted to hospital for assessment and there detained for the period allowed by Article 9 (as modified by paragraph 6), in pursuance of such an application; and—

(a)references in Part 2 of the 1986 Order to an application for admission for assessment made in accordance with Article 4, or duly completed or made under or in accordance with that Part, include an application for assessment duly completed or made by a relevant social worker in reliance on this paragraph; and

(b)in relation to such an application, references in the 1986 Order to “the applicant” include the relevant social worker who made the application.

(3)A relevant social worker who is proposing to make an application in reliance on this paragraph must inform the patient, and where practicable the person (if any) appearing to the relevant social worker to be the nearest relative of the patient, that—

(a)the application is being made in reliance on this paragraph, and

(b)the social worker is of the opinion referred to in sub-paragraph (1).

(4)Article 5(2) (person making application must have personally seen patient not more than 2 days before date of application) has effect in relation to an application for assessment made during a period for which this sub-paragraph has effect (whether by an approved social worker or a relevant social worker) as if for “two days” there were substituted “five days”.

(5)An application for assessment made by a relevant social worker in reliance on this paragraph must be accompanied by a written statement complying with sub-paragraphs (6) and (7).

(6)The statement must specify—

(a)that the application is being made in reliance on this paragraph,

(b)that the social worker is of the opinion referred to in sub-paragraph (1),

(c)that the social worker is registered in accordance with and has the experience required by this paragraph (see the definition of “relevant social worker” in sub-paragraph (10)),

(d)that the social worker has informed the patient in accordance with sub-paragraph (3), and

(e)whether the social worker has informed the person appearing to the social worker to be the nearest relative of the patient in accordance with sub-paragraph (3), and if not the reasons why it was not practicable to do so.

(7)The statement must contain a summary of the views (if any) expressed by the patient and the person (if any) who was informed in accordance with sub-paragraph (3).

(8)Article 5 otherwise does not apply in relation to an application for assessment made in reliance on this paragraph.

(9)Where an application for assessment is made by a relevant social worker in reliance on this paragraph, Form 2 has effect as if—

(a)in the heading, for “an approved social worker” there were substituted “a relevant social worker”;

(b)for the sentence beginning “I am an officer of” there were substituted “I am a relevant social worker in accordance with paragraph 3 of Schedule 10 to the Coronavirus Act 2020.”;

(c)for the two sections headed “The following section should be completed if nearest relative consulted” and “The following section should be completed if nearest relative not consulted” there were substituted—

I have informed [full name of patient], before making this application, as specified in the written statement by me which accompanies this application.

Delete either (a), (b) or (c) as appropriate

(a)

I have informed [name and address] who, to the best of my knowledge and belief, is the patient’s nearest relative, before making this application, as specified in that written statement.

OR

(b)

I have informed [name and address] who I understand has been authorised by a county court to exercise the functions under the Order of the patient’s nearest relative, before making this application, as specified in that written statement.

OR

(c)

It has not been practicable for me to inform the patient’s nearest relative, before making this application, as specified in that written statement..

(10)In this paragraph, “relevant social worker” means a person (other than an approved social worker) who—

(a)is registered as a social worker in the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 1 (N.I.)), and

(b)has at least 5 years’ experience of working as a social worker within the 10 years immediately preceding the day on which the application is made; and for this purpose the 5 years need not be a single period, or continuous periods, of such experience.

Medical recommendation

4Article 6(a) (medical practitioner to have personally examined patient not more than 2 days before date on which signs medical recommendation) has effect in relation to an application for assessment made during a period for which this paragraph has effect (whether by an approved social worker or a relevant social worker) as if for “two days” there were substituted “five days”.

Applications for compulsory admission for assessment in respect of patients already in hospital

5(1)Article 7(2) (period for which patient can be detained following report by medical practitioner on staff of hospital) has effect in relation to any patient detained after the beginning of any period for which this sub-paragraph has effect as if for “48 hours” there were substituted “120 hours”.

(2)Article 7(3) (period for which patient can be detained pending report by medical practitioner on staff of hospital) has effect has effect in relation to any patient detained after the beginning of any period for which this sub-paragraph has effect as if for “6 hours” there were substituted “12 hours”.

The assessment period

6(1)Article 9(1) (period within which patient admitted to hospital in pursuance of an application for assessment must be examined by a medical practitioner) has effect as if for “immediately after” there were substituted “as soon as practicable and not later than 12 hours after”.

(2)Article 9(4) (period for which patient may be detained in hospital for assessment following report on examination under Article 9(1)) has effect —

(a)as if for sub-paragraph (b) there were substituted—

(aa)where the report was furnished by any other medical practitioner, and the conditions in paragraph (4A) were satisfied, for a period not exceeding 120 hours from the time when the report was furnished;

(b)where the report was furnished by any other medical practitioner, and any of the conditions in paragraph (4A) was not satisfied, for a period not exceeding 48 hours from when the report was furnished;, and

(b)as if after paragraph (4) there were inserted—

(4A)The conditions are that the medical practitioner—

(a)had (at the date on which the examination of the patient in accordance with paragraph (1) was carried out) at least 5 years’ experience of working with mental health patients within the 10 years immediately preceding that date;

(b)considered that it was impractical for the responsible medical practitioner or a medical practitioner appointed for the purposes of this Part by RQIA to carry out the examination under paragraph (1) before the end of the period of 48 hours from the date on which the report was furnished; and

(c)furnished together with the report a written statement specifying that the practitioner—

(i)had the experience referred to in sub-paragraph (a); and

(ii)was of the opinion referred to in sub-paragraph (b).

(4B)The 5 years’ experience referred to in sub-paragraph (4A)(a) need not be a single period, or continuous periods, of such experience.

(3)Article 9(5) (period within which patient must be examined by responsible medical officer where examination under Article 9(1) was not by that officer) has effect as if for “sub-paragraph (b) of paragraph (4)” there were substituted “sub-paragraph (aa) or (b) of paragraph (4)”.

(4)Article 9(8) (further period for which patient may be detained for assessment where responsible medical officer furnishes report under Article 9(8)) has effect as if for “7 days” there were substituted “21 days”.

Rectification of applications, recommendations and reports

7Article 11(1) (period within which application for assessment, medical recommendation or report furnished under Article 9 may be amended) has effect as if for “14 days” there were substituted “28 days”.

Detention for treatment

8(1)A relevant medical practitioner may, during the period for which a patient is detained for assessment by virtue of Article 9(8) (as modified by paragraph 6(4)) (the “extended assessment period”)—

(a)examine a patient who is detained for assessment by virtue of Article 9(8), and

(b)furnish to the responsible authority a report of the examination,

if the practitioner considers that it would be impractical for an RQIA practitioner to carry out the examination of the patient and furnish the report of that examination under Article 12(1) during that period.

(2)For the purposes of sub-paragraph (1), sub-paragraphs (a) to (d) of Article 12(1) apply as if the reference in each to “his opinion” were a reference to the relevant medical practitioner’s opinion.

(3)A report in reliance on this paragraph must be in the form prescribed under paragraph (1) of Article 12 for a report under that sub-paragraph (Form 10), but as if for the sentence beginning “I [full name and professional address of medical practitioner]” there were substituted—

I [full name and professional address of medical practitioner], a relevant medical practitioner in accordance with paragraph 8 of Schedule 10 to the Coronavirus Act 2020, examined this patient on [date].

(4)Article 12(2) applies in relation to a report in reliance on this paragraph as it applies to a report under Article 12(1).

(5)A report by a relevant medical practitioner in reliance on sub-paragraph (1) must be accompanied by a written statement by the practitioner specifying that—

(a)the practitioner is of the opinion referred to in sub-paragraph (1), and

(b)the practitioner has the experience required by this paragraph (see sub-paragraph (9)).

(6)Where, before the end of the extended assessment period—

(a)an examination of a patient is carried out and a report is furnished in reliance on this paragraph, and

(b)the report is accompanied by a written statement in accordance with sub-paragraph (5),

the report is sufficient authority for the responsible authority to detain the patient in hospital for treatment for a period not exceeding 28 days from the end of the extended assessment period, pending an examination of the patient by an RQIA practitioner.

(7)Where an RQIA practitioner examines the patient and furnishes a report of the examination under Article 12(1) before the end of the period of 28 days referred to in sub-paragraph (6), the report has the same effect as if the RQIA practitioner had examined the patient and furnished the report before the end of the extended assessment period.

(8)The responsible authority must immediately forward to RQIA a copy of any report furnished to it in reliance on this paragraph.

(9)In this paragraph, a “relevant medical practitioner” means a medical practitioner who—

(a)is not an RQIA practitioner, and

(b)has at least 5 years’ experience of working with mental health patients, of which at least one year’s experience must have been of working with patients who were detained for treatment.

Periods of remand to hospital

9Article 42(7) (including as applied by Article 43(5)) (periods of remand of accused to hospital for report on mental condition or treatment) has effect as if the words “or for more than 12 weeks in all” were omitted.

Required medical evidence for remand to hospital, hospital or guardianship order, interim hospital order, determinations of question of fitness to be tried or finding of not guilty on ground of insanity

10(1)A court may make an order, determination or direction under a provision listed in sub-paragraph (2) if the court—

(a)is satisfied that complying with the requirement applying to that provision for the oral evidence of an RQIA practitioner and the written or oral evidence of one other medical practitioner is impractical or would involve undesirable delay, and

(b)is satisfied on the evidence of a single RQIA practitioner of the matters of which it would (but for this paragraph) have to be satisfied on the evidence of two practitioners as referred to in sub-paragraph (a),

and any other conditions for the making of the order, determination or direction are met.

(2)The provisions referred to in sub-paragraph (1) are—

(a)Article 43(1) (order remanding accused person to hospital for treatment);

(b)Article 44(1)(a) or (b) (hospital order, or guardianship, in respect of convicted person);

(c)Article 45(1) (interim hospital order in respect of convicted person pending final hospital order or other disposal);

(d)Article 49 (determination of question of fitness of person to be tried on indictment);

(e)Article 50(1) (direction for recording of finding that person is not guilty of offence charged on indictment on ground of insanity).

(3)Article 44(7) has effect as if—

(a)for “described by each of the practitioners” there were substituted “described by the practitioner”;

(b)for “whether or not he is also described by either of them” there were substituted “whether or not he is also described by the practitioner”.

Required medical evidence for hospital order in respect of certain other detained persons in their absence

11A court may make an order under Article 57(5) (hospital order in respect of a detainee falling within Article 54(2)(a) in absence of detainee) if the court—

(a)is satisfied that complying with the requirement under Article 57(6) for the oral evidence of two RQIA practitioners is impractical or would involve undesirable delay, and

(b)is satisfied on the evidence of a single RQIA practitioner of the matters of which it would (but for this paragraph) have to be satisfied on the evidence of two practitioners as referred to in sub-paragraph (a),

and any other conditions for the making of the order are met.

Directions for the transfer of prisoners etc to hospital

12(1)The Department of Justice in Northern Ireland may give a transfer direction under Article 53(1) (transfer of prisoners etc to hospital) if the Department—

(a)is satisfied that complying with the requirement under that provision for written reports from at least two registered medical practitioners, one of whom is an RQIA practitioner, is impractical or would involve undesirable delay, and

(b)is satisfied of the matters mentioned in paragraphs (a) and (b) of that provision by a written report from a single RQIA medical practitioner,

and any other conditions for the giving of the transfer direction are met.

(2)Article 54(1) has effect as if for “satisfied by the same reports as are required” there were substituted “satisfied by the same report as is required”.

Conveyance of accused or convicted persons to hospital

13(1)The following provisions have effect as if references to conveying or admitting a person to hospital within a specified period were references to doing so within that period or as soon as practicable after the end of that period—

(a)Article 42(9)(c) (including as applied by Article 43(5)) (period within which accused person remanded to hospital for report on mental condition or treatment must be conveyed and admitted to hospital);

(b)Article 46(2) and (3) (period within which person in respect of whom hospital order or interim hospital order is made must be conveyed and admitted to hospital).

(2)Article 46(4) has effect as if for “within the period of 28 days referred to in” there were substituted “in accordance with”.

(3)Article 53(2) (including as applied by Article 54(3)) (period within which person subject to transfer direction must be received into hospital) has effect as if for “14 days” there were substituted “28 days”.

Designation of, and admission of persons to, different hospitals in pursuance of hospital orders

14(1)The Department of Health may designate a different hospital to that which it previously designated under—

(a)Article 46(1) or (3)(a), or

(b)this sub-paragraph,

where the Department considers that the conditions in sub-paragraph (2) are met.

(2)Those conditions are—

(a)that in all the circumstances it is impractical and would involve unreasonable delay for the person who is the subject of the hospital order or interim hospital order to be admitted to the hospital previously designated by it, and

(b)that it would be possible for the person to be admitted sooner to the different hospital.

(3)The power in sub-paragraph (1)(b) may be exercised on more than one occasion where the Department of Health considers that to be expedient.

(4)Where the Department of Health designates a hospital by virtue of sub-paragraph (1)

(a)the new designation takes the place of the previous designation;

(b)the references in Article 46(2) and (3) (as modified by paragraph 13(1)(b)) to conveying or admitting the person to hospital apply as regards the hospital specified in the new designation and as if the time limits for doing so begin with the date of that designation.

Code of practice

15(1)The Code of Practice for the time being published under Article 111 is subject to the provisions of such further Code of Practice (“temporary Code”) as the Department of Health may prepare, as appropriate revise, and publish, for the guidance, in relation to a period for which a provision of this Schedule has effect, of medical practitioners, the Board, authorised HSC trusts, staff of hospitals and social workers in relation to admission of patients to hospitals.

(2)The Department of Health must consult RQIA, and such other bodies as appear to it to be concerned, in relation to the preparation or revision by it of any such temporary Code.

PART 3Transitional provision

16Paragraph 5, 6, 7 or 13(3) continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.

17Where, by virtue of paragraph 9, a person has been remanded under Article 42 or 43 for more than 12 weeks in all, the person may not be further remanded under that provision after the end of a period for which that paragraph has effect.

18(1)Paragraph 13(1) or 14(4) continues to apply after the end of a period for which it has effect in relation to any order or direction made during that period, subject to sub-paragraph (2).

(2)The constable or other person whose duty is modified by paragraph 13(1) or 14(4) (as the case may be) must in any event convey the person concerned to the requisite hospital before—

(a)the end of the period specified in Article 42(9)(c) or Article 46(2) or (3), without the modification made by the provision concerned, or

(b)the end of the period of seven days beginning with the day on which the period referred to in sub-paragraph (1) ends,

whichever is later.

PART 4Review of operation of certain provisions of this Schedule

19(1)Each HSC trust must maintain a record of each instance where—

(a)an application for assessment is made in reliance on paragraph 3,

(b)a patient was detained for assessment in reliance on Article 9(4)(aa) or (b) (as substituted by paragraph 6(2)(a)), and

(c)a report is furnished in reliance on paragraph 8.

(2)The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance—

(a)by the relevant social worker on paragraph 3,

(b)by the medical practitioner on Article 9(4)(aa) or (b) (as substituted by paragraph 6(2)(a)), or

(c)by the relevant medical practitioner on paragraph 8,

was appropriate.

(3)The HSC trust must send the report under sub-paragraph (2) to the Department of Health no later than 56 days after the end of a period for which the paragraph of this Schedule in question has effect.

Section 10

SCHEDULE 11Mental capacity: Northern Ireland

PART 1Introductory provision etc

Interpretation

1(1)In this Schedule, “the 2016 Act” means the Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I.)).

(2)In this Schedule—

(a)references to sections are to sections of the 2016 Act;

(b)references to Schedules are to Schedules to that Act.

(3)Expressions used in this Schedule and in the 2016 Act have the meaning given in that Act.

Prescribed forms

2Where any form prescribed for use in connection with a provision of the 2016 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—

(a)may, in connection with the provision as so modified, be used with appropriate amendments,

(b)is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.

PART 2Modifications of the Mental Capacity Act (Northern Ireland) 2016

Proceedings of panels constituted to decide applications

3Section 297(2) (panels to have 3 members, all present) has effect as if for “(all of whom must be present during any proceedings of the panel)” there were substituted , all of whom must be present during any proceedings of the panel, except where—

(a)the panel does not hear oral evidence,

(b)each of the members provides a written opinion, and

(c)the decision of the panel is unanimous.

Time limit for panel’s decisions regarding authorisations of certain serious interventions

4Paragraph 19(2) of Schedule 1 (time limit for panel’s decision) has effect as if for “7 working days” there were substituted “28 working days”.

Interim authorisations by panels of certain serious interventions

5Paragraph 20 of Schedule 1 (interim authorisations by panels) has effect as if in each of sub-paragraphs (2)(b), (3)(b) and (5)(a) for “28 days” there were substituted “56 days”.

Report authorising short-term detention in hospital for examination etc

6Paragraph 4(2) of Schedule 2 (medical practitioner making medical report for inclusion in report under paragraph 2 to have examined P not more than 2 days before date on which medical report is made) has effect in relation to the making of a medical report during a period for which this paragraph has effect as if for “two days” there were substituted “five days”.

7Paragraph 5 of Schedule 2 (person making report under paragraph 2 to have personally seen P not more than 2 days before date on which report is made) has effect in relation to the making of a report during a period for which this paragraph has effect as if for “two days” there were substituted “five days”.

Consultation required before such a report is made

8(1)Paragraph 6(1) of Schedule 2 (circumstances in which a person may make a report under paragraph 2 of Schedule 2 only if the person has consulted an approved social worker) has effect as if for “only if the person has consulted an approved social worker.” there were substituted only if—

(a)the person has consulted an approved social worker, or

(b)the person considers that it is impractical or would involve undesirable delay to consult an approved social worker, the person has consulted a relevant social worker.

(2)A person who in relation to the person’s proposal to make a report under paragraph 2 of Schedule 2—

(a)is of the opinion referred to in paragraph 6(1)(b) of Schedule 2 (as inserted by sub-paragraph (1)), and

(b)is proposing to consult a relevant social worker in reliance on that paragraph,

must inform P, and where practicable P’s nominated person, of those facts.

(3)A report by a person under paragraph 2 of Schedule 2 who has consulted in reliance on paragraph 6(1)(b) of that Schedule (as inserted by sub-paragraph (1)) must be accompanied by a written statement complying with sub-paragraphs (4) and (5).

(4)The statement must specify—

(a)that the person was of the opinion referred to in paragraph 6(1)(b) of Schedule 2 (as inserted by sub-paragraph (1)) and accordingly consulted a relevant social worker;

(b)that the person has informed P as referred to in sub-paragraph (2);

(c)whether the person has informed P’s nominated person as referred to in sub-paragraph (2), and if not, the reasons why it was not practicable to do so.

(5)The statement must contain a summary of the views (if any) expressed by P and P’s nominated person.

(6)In this paragraph a “relevant social worker” means a person (other than an approved social worker), who—

(a)is registered as a social worker in the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001, and

(b)appears to the person proposing to make the report to have at least 5 years’ experience within the 10 years immediately preceding the day on which the report is proposed to be made of working as a social worker in relation to persons who lack capacity; and for this purpose the period of 5 years need not be a single period, or continuous periods, of such experience.

Extension by panel of period of authorisation

9Paragraph 9(2) of Schedule 3 (time limit for panel’s decision on application for extension of period of authorisation) has effect as if for “7 working days” there were substituted “28 working days”.

Additional notification requirements for panels

10Where a panel, during a period for which paragraph 3, 4, 5 or 9 has effect, operates in reliance on that paragraph, the panel must as soon as practicable after making the decision concerned give written notice of that fact to P and P’s nominated person.

Period of detention in place of safety

11Section 146(1) (maximum period of detention of person removed from public place to place of safety under section 139) has effect in relation to a person detained after the beginning of any period for which this paragraph has effect as if for “24 hours” there were substituted “36 hours”.

Periods of remand to hospital

12Section 162(5) (periods of remand or further remand of accused to hospital for report on mental condition or treatment) has effect as if the words “or for more than 12 weeks in total” were omitted.

Required medical evidence for court to be satisfied treatment condition is met in relation to remand to hospital

13(1)A court considering whether to remand an accused person to hospital under section 162(1) may regard the treatment condition as met where the court—

(a)is satisfied that complying with the requirement under section 165(3) for the evidence of at least two registered medical practitioners in accordance with that provision is impractical or would involve undesirable delay, and

(b)is satisfied on the written or oral evidence of a single relevant medical practitioner of the matters of which it would (but for this paragraph) have to be satisfied on the evidence of at least two practitioners as referred to in sub-paragraph (a),

and any other requirements for the treatment condition to be met are satisfied.

(2)In sub-paragraph (1)(b), “relevant medical practitioner” means a medical practitioner referred to in paragraph (a) or (b) (as the case may be) of section 165(3).

Required medical evidence for public protection orders, interim detention orders, determinations of question of fitness to be tried or findings of not guilty on ground of insanity

14(1)A court may make an order, determination or direction under a provision listed in sub-paragraph (2) if the court—

(a)is satisfied that complying with the requirement under that provision for the written or oral evidence of at least two medical practitioners, including the oral evidence of an approved medical practitioner, is impractical or would involve unreasonable delay, and

(b)is satisfied on the written or oral evidence of a single approved medical practitioner of the matters of which it would (but for this paragraph) have to be satisfied on the evidence of at least two practitioners as referred to in sub-paragraph (a),

and any other conditions for the making of the order, determination or direction are met.

(2)Those provisions are—

(a)section 167(2) (public protection order requiring convicted person to be admitted to and detained in hospital or care home specified in order) (see also section 168(5));

(b)section 177(2) (interim detention order requiring convicted person to be admitted to and detained in hospital specified in order) (see also section 177(5));

(c)section 204 (determination of question of fitness of person to be tried on indictment);

(d)section 206 (direction for recording of finding that person is not guilty of offence charged on indictment on ground of insanity).

Required medical evidence for hospital directions

15(1)A court may give a hospital direction under section 174 (when passing custodial sentence, for the removal to and detention in hospital of a convicted person) where the court—

(a)is satisfied that complying with the requirement under that provision for the evidence of at least two registered medical practitioners in accordance with that provision is impractical or would involve undesirable delay, and

(b)is satisfied on the written or oral evidence of a single relevant medical practitioner of the matters of which it would (but for this paragraph) have to be satisfied on the evidence of at least two practitioners as referred to in sub-paragraph (a),

and any other conditions for giving the direction are met.

(2)In sub-paragraph (1), “relevant medical practitioner” means a medical practitioner referred to in paragraph (a) or (b) (as the case may be) of section 175(4).

Extension reports in relation to public protection orders without restrictions

16Section 183 (period within which appropriate medical practitioner making extension report in relation to public protection order without restrictions must have examined person subject to order) has effect as if in subsection (3)—

(a)in paragraph (a) of the definition of “the reporting period” (first extension under section 181), for “last month” there were substituted “last two months”, and

(b)in paragraph (b) of that definition (subsequent extension under section 182), for “last two months” there were substituted “last three months”.

Required medical evidence for directions for the transfer of prisoners etc to hospital

17(1)The Department of Justice in Northern Ireland may give a direction under a provision listed in sub-paragraph (3) if the Department—

(a)is satisfied that complying with the requirement under that provision for written reports from at least two medical practitioners in accordance with that provision is impractical or would involve undesirable delay, and

(b)is satisfied on the basis of a written report from a single relevant medical practitioner of the matters of which it would (but for this paragraph) have to be satisfied on the written reports of at least two practitioners as referred to in sub-paragraph (a),

and any other conditions for giving the direction are met.

(2)In sub-paragraph (1), “relevant medical practitioner” means a medical practitioner referred to in paragraph (a) or (b) (as the case may be) of section 212(4) or (as the case may be) 223(5).

(3)Those provisions are—

(a)section 211(1) (direction for removal to hospital of person serving custodial sentence etc);

(b)section 214(1) (direction for removal to hospital of civil prisoner or immigration detainee);

(c)section 217(1) (direction for removal to hospital of person remanded in custody by magistrates’ court);

(d)section 220(1) (direction for removal to hospital of certain other detainees).

Admission of person subject to hospital transfer direction to hospital

18Section 224(2)(b) (period within which person subject to hospital transfer direction must be admitted to hospital) has effect as if for “14 days” there were substituted “28 days”.

Code of practice

19(1)The Code of Practice for the time being published under section 288 is subject to the provisions of such further Code of Practice (“temporary Code”) as the Department of Health in Northern Ireland may prepare, as appropriate revise, and publish, for the guidance, in relation to a period for which a provision of this Schedule has effect, of such of the persons or bodies referred to in subsection (1) of that section as the Department considers appropriate on such matters as the Department considers appropriate.

(2)Subsections (4) to (6) and (8) to (10) of section 288 apply to a temporary Code as they apply to a Code of Practice referred to in that section.

(3)Section 288 does not otherwise apply to a temporary Code.

PART 3Transitional provision

20Paragraph 5, 9, 11 or 18 continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.

21Where, by virtue of paragraph 12 an accused person has been remanded under section 162 for more than 12 weeks in total, the person may not be further remanded under that provision after the end of any period for which that paragraph has effect.

PART 4Review of operation of certain provisions of this Schedule

22(1)Each HSC trust must maintain a record of each instance where a panel operates in reliance on paragraph 5 or 9.

(2)The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance on paragraph 5 or 9 was appropriate.

(3)The HSC trust must send the report under sub-paragraph (2) to the Department of Health in Northern Ireland no later than 3 months after the end of a period for which the paragraph of this Schedule in question has effect.

Section 15

SCHEDULE 12Local authority care and support

PART 1Powers and duties of local authorities in England

Introductory

1(1)In this Part of this Schedule “CA 2014” means the Care Act 2014.

(2)Expressions used in this Part of this Schedule and in Part 1 of CA 2014 have the same meaning in this Part of this Schedule as in Part 1 of that Act.

Assessing needs for care and support

2(1)A local authority does not have to comply with any duties imposed by the following provisions—

(a)section 9 of CA 2014 (assessment of an adult’s needs for care and support);

(b)section 10 of that Act (assessment of a carer’s needs for support);

(c)any regulations made under section 12(1) or (2) of that Act (further provision about assessments under section 9 or 10);

(d)section 12(3) and (4) of that Act (duties to give written records of assessments);

(and accordingly section 11 of that Act (refusal of assessment) does not apply).

(2)A local authority does not have to comply with any duties imposed by section 13 of CA 2014 (determination of whether needs meet the eligibility criteria) or any regulations made under that section.

(3)A local authority does not have to comply with any duties imposed by the following provisions—

(a)sections 58 and 59 of CA 2014 (assessment of a child’s needs for care and support);

(b)sections 60 and 61 of that Act (assessment of a child’s carer’s needs for support);

(c)sections 63 and 64 of that Act (assessment of a young carer’s needs for support);

(d)any regulations made under section 65(1) of that Act (further provision about assessments under sections 58 to 64).

(4)Nothing in this paragraph prevents a local authority from carrying out any assessment, or making any determination, it considers appropriate for the purposes of exercising its functions under section 18, 19, 20 or 62 of CA 2014 (as modified by paragraphs 4 to 6 and 9 of this Schedule).

Assessment of financial resources

3(1)A local authority does not have to comply with any duties imposed by section 17 of CA 2014 (assessment of financial resources).

This is subject to sub-paragraph (2).

(2)A local authority may not make a charge under section 14 of CA 2014 for meeting any needs under section 18, 19, 20 or 62 of that Act during a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect without having carried out an assessment under section 17 of that Act.

(3)The requirement under sub-paragraph (2) to carry out an assessment under section 17 of CA 2014 applies whether or not the authority has made a determination under section 13(1) of that Act.

Duties and powers to meet needs for care and support

4Section 18 of CA 2014 (duty to meet needs for care and support) has effect as if for subsection (1) there were substituted—

(1)A local authority must meet an adult’s needs for care and support if—

(a)the adult is ordinarily resident in the authority’s area or is present in its area but of no settled residence,

(b)the authority considers that it is necessary to meet those needs for the purpose of avoiding a breach of the adult’s Convention rights, and

(c)there is no charge under section 14 for meeting the needs or, in so far as there is, condition 1, 2 or 3 is met.

In this subsection “Convention rights” has the same meaning as in the Human Rights Act 1998.

5Section 19 of CA 2014 (power to meet needs for care and support) has effect as if there were omitted—

(a)the reference in subsection (1) to having carried out a needs assessment and a financial assessment;

(b)the reference in subsection (2) to having made a determination under section 13(1) of that Act, and the words “which meet the eligibility criteria”;

(c)the reference in subsection (3) to having not yet carried out a needs assessment or made a determination under section 13(1) of that Act.

6In section 20 of CA 2014 (duty and power to meet a carer’s needs for support), subsection (1) has effect as if—

(a)the words “, having made a determination under section 13(1),” and “which meet the eligibility criteria” were omitted;

(b)after paragraph (a) there were inserted—

(aa)the authority considers that it is necessary to meet those needs for the purpose of avoiding a breach of the carer’s Convention rights,;

(c)at the end there were inserted—

In this subsection “Convention rights” has the same meaning as in the Human Rights Act 1998.

7(1)For the purposes of sections 18(6) and 20(9) of CA 2014 (meaning of references to there being no charge for meeting needs), a local authority that decides not to carry out an assessment under section 17 of that Act as a result of paragraph 3(1) above is to be treated as having decided not to make a charge under section 14 of that Act (but see paragraph 10 below).

(2)But the duty under section 18 or 20(1) of CA 2014 does not apply to a local authority if—

(a)the authority notifies the relevant person that it may make a charge for meeting needs under that section, and

(b)the relevant person asks the authority not to meet those needs.

(3)In sub-paragraph (2) “the relevant person” means—

(a)the person who would be liable to pay any such charge, or

(b)in a case where—

(i)the authority would be meeting the needs of an adult under section 18 of CA 2014, and

(ii)the adult lacks capacity to arrange for the provision of care and support,

a person who is authorised under the Mental Capacity Act 2005 to arrange for such provision or is otherwise in a position to do so on the adult’s behalf.

8A local authority does not have to comply with any duties imposed by the following provisions—

(a)any regulations made under section 30 of CA 2014 (cases where adult expresses preference for particular accommodation);

(b)section 47(2) of that Act (duty to prevent or mitigate loss or damage to property of adults being cared for away from home).

9Section 62 of CA 2014 (power to meet child’s carer’s needs for support) has effect as if the reference in subsection (1) to having carried out a child’s carer’s assessment were omitted.

Charging for meeting needs during emergency period

10(1)This paragraph applies where—

(a)at any time during an emergency period, a local authority begins to meet needs under section 18, 19, 20 or 62 of CA 2014,

(b)at that time, the authority would have been entitled to make a charge under section 14 of that Act for meeting any of those needs, but

(c)the authority decided not to carry out an assessment under section 17 of that Act before beginning to meet those needs.

In this paragraph “emergency period”, in relation to section 18, 19, 20 or 62 of CA 2014, means a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect.

(2)The local authority is not prevented by that decision from subsequently carrying out an assessment under section 17 of CA 2014 (whether during or after the emergency period) and deciding to make a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs.

(3)In so far as there is any charge for meeting any needs under section 18 or 19(2) of CA 2014 during the emergency period, the fact that condition 1, 2 or 3 in section 18 of that Act is not met at the time of the making of the charge does not affect anything already done under section 18 or (as the case may be) 19(2) of that Act.

(4)In so far as there is any charge for meeting any needs under section 20(1) of CA 2014 during the emergency period, the fact that condition 1, 2, 3 or 4 in that section is not met at the time of the making of the charge does not affect anything already done under that section.

Care and support plans etc

11A local authority does not have to comply with any duties imposed by the following provisions of CA 2014—

(a)section 24 (duty to prepare care and support plan or support plan, etc);

(b)section 25 (duties relating to plans);

(c)section 27(1), (4), (4A) and (5) (duty to review plans, etc).

The reference in paragraph (c) to subsection (4A) of section 27 of CA 2014 is to the subsection treated as inserted by regulation 11 of the Care and Support (Children’s Carers) Regulations 2015 (S.I. 2015/305).

Continuity of care and support when person moves

12A local authority does not have to comply with any duties imposed by the following provisions of CA 2014—

(a)section 37 (duties of notification, assessment, etc when a person moves);

(b)section 38 (case where assessments not complete on day of move).

13(1)This paragraph applies where—

(a)paragraph 12 has had effect for any period (“the emergency period”), and

(b)the emergency period has ended.

(2)Section 37 of CA 2014 has effect subject to the modifications in sub-paragraphs (3) to (5).

(3)In subsections (1) and (2)—

(a)any reference to notifying a local authority that an adult intends to move to the area of that authority includes, in the case of an adult who moved to the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved to that area, and

(b)where a local authority is notified that an adult has moved to the authority’s area by virtue of paragraph (a), the condition in subsection (1)(c) or (as the case may be) (2)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).

(4)In subsection (3)—

(a)the reference to notifying a local authority that an adult intends to move out of accommodation but to remain in the authority’s area includes, in the case of an adult who moved out of accommodation in the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved out of the accommodation but has remained in that area, and

(b)where a local authority is notified that an adult has moved out of accommodation by virtue of paragraph (a), the condition in subsection (3)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).

(5)In a case where subsection (4)(b) does not apply by virtue of sub-paragraph (3)(b) or (4)(b), subsection (5) has effect as if the reference to having received the notification under subsection (4)(b) were omitted.

(6)The reference in section 38(1) of CA 2014 to the day of the intended move is, in the case of an adult who moved as mentioned in section 37(1)(b), (2)(b) or (3)(b) of that Act during the emergency period, to be read as a reference to the day on which that period ended.

Discharge of hospital patients with care and support needs

14In Schedule 3 to CA 2014 (discharge of hospital patients with care and support needs), paragraph 3 has effect as if for sub-paragraph (1) there were substituted—

(1)The relevant authority, having received an assessment notice, must inform the NHS body responsible for the patient—

(a)whether the patient has needs for care and support,

(b)(where applicable) whether a carer has needs for support,

(c)which (if any) of those needs the authority plans to meet, and

(d)how the authority plans to meet those needs.

Transition for children to adult care and support

15A local authority does not have to comply with any duties imposed by—

(a)section 2A(2) to (4) or (6) of the Chronically Sick and Disabled Persons Act 1970 (welfare services: transition for children to adult care and support), or

(b)section 17ZH(2) to (4) or (6) of the Children Act 1989 (section 17 services: transition for children to adult care and support).

Duties arising before commencement

16(1)A provision of this Part of this Schedule that provides that a local authority does not have to comply with a relevant duty, or modifies a relevant duty of a local authority, applies in relation to duties arising before the commencement day as it applies in relation to duties arising on or after that day.

(2)In sub-paragraph (1)—

  • “the commencement day”, in relation to a provision of this Part of this Schedule, means—

    (a)

    the day on which that provision comes into force, or

    (b)

    where on any day the operation of the provision is revived by regulations under section 88(3), that day;

  • “relevant duty” means a duty under—

    (a)

    Part 1 of CA 2014,

    (b)

    section 2A(2) to (4) or (6) of the Chronically Sick and Disabled Persons Act 1970, or

    (c)

    section 17ZH(2) to (4) or (6) of the Children Act 1989.

Period within which assessments may be carried out

17(1)Sub-paragraph (2) applies where—

(a)any provision of paragraph 2 or 12 has had effect for any period, and

(b)that period has ended.

(2)In determining for the purposes of any proceedings whether a local authority has complied with its duty to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors—

(a)the length of any period for which any provision of paragraph 2 or 12 had effect, and

(b)the number of relevant assessments which need to be carried out by the local authority following the end of any such period.

(3)In this paragraph “relevant assessment” means—

(a)a needs assessment under section 9 of CA 2014;

(b)a carer’s assessment under section 10 of that Act;

(c)a determination under section 13(1) of that Act;

(d)an assessment under section 37(6) of that Act;

(e)a child’s needs assessment under section 58 of that Act;

(f)a child’s carer’s assessment under section 60 of that Act;

(g)a young carer’s assessment under section 63 of that Act.

Guidance

18(1)The Secretary of State may issue guidance about how local authorities are to exercise functions under any of the following enactments in consequence of the provision made by this Part of this Schedule—

(a)Part 1 of CA 2014;

(b)section 2 of the Chronically Sick and Disabled Persons Act 1970;

(c)section 17 of the Children Act 1989.

(2)A local authority must have regard to any guidance issued under this paragraph.

(3)A local authority must comply with such guidance issued under this paragraph as the Secretary of State directs.

(4)The Secretary of State—

(a)may from time to time revise any guidance issued under this paragraph;

(b)may vary or revoke a direction made under sub-paragraph (3).

(5)A local authority may disregard any guidance under section 7 of the Local Authority Social Services Act 1970 or section 78 of CA 2014, so far as it is inconsistent with guidance issued under this paragraph.

PART 2Powers and duties of local authorities in Wales

Introductory

19(1)In this Part of this Schedule “SSW(W)A 2014” means the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(2)Expressions used in this Part of this Schedule and in SSW(W)A 2014 have the same meaning in this Part of this Schedule as in that Act.

Assessing needs for care and support

20A local authority does not have to comply with any duties imposed by—

(a)section 19 of SSW(W)A 2014 (duty to assess the needs of an adult for care and support), or

(b)any regulations made under section 30 of that Act, so far as relating to needs assessments under section 19;

(and accordingly section 20 of that Act (refusal of a needs assessment for an adult) does not apply).

21In the case of any carer who is an adult, a local authority does not have to comply with any duties imposed by—

(a)section 24 of SSW(W)A 2014 (duty to assess the needs of a carer for support), or

(b)any regulations made under section 30 of that Act, so far as relating to needs assessments under section 24;

(and accordingly section 25 of that Act (refusal of a needs assessment for an adult carer) does not apply).

22(1)This paragraph applies in the case of any adult (including an adult who is a carer).

(2)A local authority does not have to comply with any duties imposed by—

(a)section 32(1)(a) of SSW(W)A 2014 (determination of whether needs meet the eligibility criteria),

(b)section 32(2)(b) of that Act (determination of charge), or

(c)any regulations made under subsection (3) of that section.

(3)The English language text of section 32 of SSW(W)A 2014 has effect as if in subsection (1) there were omitted—

(a)in the opening words, the words “, on the basis of a needs assessment,”, and

(b)in paragraph (b), the words “if the needs do not meet the eligibility criteria,” and “nevertheless”.

(4)The Welsh language text of section 32 of SSW(W)A 2014 has effect as if in subsection (1) there were omitted—

(a)in the opening words, the words “, ar sail asesiad o anghenion,”, and

(b)in paragraph (b), the words “os nad yw’r anghenion yn bodloni’r meini prawf cymhwystra,” and “, serch hynny,”.

23Nothing in paragraph 20, 21 or 22 prevents a local authority from carrying out any assessment, or making any determination, it considers appropriate for the purposes of exercising its functions under section 35 or 40 of SSW(W)A 2014 (as modified by paragraphs 26 and 27 of this Schedule).

24(1)Sub-paragraph (2) applies where—

(a)paragraph 20, 21 or 22 has had effect for any period, and

(b)that period has ended.

(2)In determining for the purposes of any proceedings whether a local authority has complied with its duty to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors—

(a)the length of any period for which paragraph 20, 21 or 22 had effect, and

(b)the number of relevant assessments which need to be carried out by the local authority following the end of any such period.

(3)In this paragraph “relevant assessment” means—

(a)a needs assessment under section 19 of SSW(W)A 2014;

(b)a needs assessment under section 24 of that Act;

(c)a determination under section 32(1)(a) of that Act.

Duty to carry out financial assessment

25(1)A local authority does not have to comply with the duty imposed by section 63(2) of SSW(W)A 2014 (duty to carry out a financial assessment).

(2)But a local authority may not impose a charge under section 59 of SSW(W)A 2014 for meeting any needs under section 35 or 40 of that Act during any period for which paragraph 26 or (as the case may be) 27 applies without having carried out an assessment under section 63(2) of that Act.

Duties to meet needs for care and support

26Section 35 of SSW(W)A 2014 (duty to meet care and support needs of an adult) has effect as if subsection (3)(a) were omitted.

27Section 40 of SSW(W)A 2014 (duty to meet support needs of an adult carer) has effect as if—

(a)in the English language text, for subsection (3) there were substituted—

(3)Condition 2 is that the local authority considers it necessary to meet the carer’s needs in order to protect the carer from abuse or neglect or a risk of abuse or neglect., and

(b)in the Welsh language text, for subsection (3) there were substituted—

(3)Amod 2 yw bod yr awdurdod lleol yn barnu ei bod yn angenrheidiol diwallu’r anghenion er mwyn amddiffyn yr oedolyn rhag cael ei gam-drin neu ei esgeuluso neu rhag risg o gael ei gam-drin neu ei esgeuluso.

28(1)For the purpose of determining whether the duty imposed by section 35 or 40 of SSW(W)A 2014 applies to a local authority, any reference in that section to there being no charge under section 59 of that Act includes a reference to there being no charge because the authority has decided not to carry out an assessment under section 63(2) of that Act as a result of paragraph 25(1) above (but see paragraph 30 below).

(2)But the duty under section 35 or 40 of SSW(W)A 2014 does not apply to a local authority if—

(a)the authority notifies the relevant person that it may impose a charge for meeting needs under that section, and

(b)the relevant person asks the authority not to meet those needs.

(3)In sub-paragraph (2) “the relevant person” means—

(a)the person who would be liable to pay any such charge, except where paragraph (b) or (c) applies;

(b)in a case where—

(i)the authority would be meeting the needs of an adult under section 35 of SSW(W)A 2014, and

(ii)the adult lacks capacity to arrange for the provision of care and support,

a person who is authorised under the Mental Capacity Act 2005 to arrange for such provision or is otherwise in a position to do so on the adult’s behalf;

(c)in a case where the authority would be meeting the needs of a carer under section 40 of SSW(W)A 2014 and the person cared for by the carer (“P”)—

(i)lacks capacity to decide whether to have the needs met by the provision of care and support to P, or

(ii)where P is a disabled child aged under 16, does not have sufficient understanding to make an informed decision about having the needs met by the provision of care and support to P,

a relevant representative.

(4)The following are relevant representatives for the purposes of sub-paragraph (3)(c)—

(a)an authorised person within the meaning of section 41 of SSW(W)A 2014 (see subsection (15) of that section), and

(b)in the case of a disabled child, a person with parental responsibility for the child.

(5)In a case where the local authority would be meeting the needs of a carer under section 40 of SSW(W)A 2014 and the person cared for by the carer is a disabled child aged 16 or 17, the authority may disregard a request for the purposes of sub-paragraph (2)(b) if it is satisfied that it would not be in the disabled child’s best interests.

(6)In a case where the local authority would be meeting the needs of a carer under section 40 of SSW(W)A 2014 and the person cared for by the carer is a disabled child aged under 16, the authority may disregard a request for the purposes of sub-paragraph (2)(b) if it is satisfied that it would not be consistent with the disabled child’s well-being.

29In the case of any adult (including an adult who is a carer), a local authority does not have to comply with any duties imposed by regulations under section 57 of SSW(W)A 2014 (cases where a person expresses preference for particular accommodation).

Charging for meeting needs during emergency period

30(1)This paragraph applies where—

(a)at any time during an emergency period, a local authority begins to meet needs under section 35 or 40 of SSW(W)A 2014,

(b)at that time, the authority would have been entitled to impose a charge under section 59 of that Act for meeting any of those needs, but

(c)the authority decided not to carry out an assessment under section 63(2) of that Act before beginning to meet those needs.

In this paragraph “emergency period” means a period for which paragraph 26 or (as the case may be) 27 has effect.

(2)The local authority is not prevented by that decision from subsequently carrying out an assessment under section 63(2) of SSW(W)A 2014 (whether during or after the emergency period) and deciding to impose a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs.

(3)In so far as there is any charge for meeting any needs under section 35 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.

(4)In so far as there is any charge for meeting any needs under section 40 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.

Care and support plans etc

31In the case of any adult (including an adult who is a carer), a local authority does not have to comply with any duties imposed by—

(a)section 54 of SSW(W)A 2014 (care and support plans and support plans), or

(b)any regulations made under that section or section 55 of that Act.

Portability of care and support

32In the case of an adult, a local authority does not have to comply with any duties imposed by section 56 of SSW(W)A 2014 (portability of care and support).

33(1)This paragraph applies where—

(a)paragraph 32 has had effect for any period (“the emergency period”), and

(b)the emergency period has ended.

(2)Section 56 of SSW(W)A 2014 has effect in the case of an adult with the modifications in sub-paragraphs (3) to (5).

(3)In subsection (1)—

(a)the reference to a local authority being notified that a person is going to move to the area of another local authority includes, in the case of an adult who moved to the area of another local authority during the emergency period, a reference to being notified that the adult has moved to that area, and

(b)where a local authority is notified that an adult has moved to the area of another local authority by virtue of paragraph (a), the reference to the authority being satisfied that the move is likely to happen is to be disregarded (and accordingly the requirement imposed by subsection (1)(a) does not apply).

(4)In subsection (2)—

(a)the reference to a local authority being notified that a person is going to move to the area of that authority includes, in the case of an adult who moved to the area of a local authority during the emergency period, a reference to that authority being notified that the adult has moved to that area, and

(b)where a local authority is notified that an adult has moved to the authority’s area by virtue of paragraph (a), the reference to the authority being satisfied that the move is likely to happen is to be disregarded (and accordingly the requirement imposed by subsection (2)(a) does not apply).

(5)The reference in subsection (3) to the day the person moves to the area of a local authority is, in the case of an adult who moved to the area of a local authority during the emergency period, to be read as a reference to the day on which that period ended.

Duties arising before commencement

34(1)A provision of this Part of this Schedule that provides that a local authority does not have to comply with a relevant duty, or modifies a relevant duty of a local authority, applies in relation to duties arising before the commencement day as it applies in relation to duties arising on or after that day.

(2)In sub-paragraph (1)—

  • “the commencement day”, in relation to a provision of this Part of this Schedule, means—

    (a)

    the day on which that provision comes into force, or

    (b)

    where on any day the operation of the provision is revived by regulations under section 88(3), that day;

  • “relevant duty” means a duty under Parts 3 to 5 of SSW(W)A 2014.

Guidance

35(1)The Welsh Ministers may issue guidance about how local authorities are to exercise functions under Parts 2 to 5 of SSW(W)A 2014 in consequence of the provision made by this Part of this Schedule.

(2)A local authority must have regard to any guidance issued under this paragraph.

(3)A local authority must comply with such guidance issued under this paragraph as the Welsh Ministers direct.

(4)The Welsh Ministers—

(a)may from time to time revise any guidance issued under this paragraph;

(b)may vary or revoke a direction made under sub-paragraph (3).

(5)A local authority may disregard any provision of a code under section 145 of SSW(W)A 2014, so far as it is inconsistent with guidance issued under this paragraph.

Section 18

SCHEDULE 13Registration of deaths and still-births

PART 1England and Wales

Interpretation

1(1)In this Part of this Schedule—

  • “the 1926 Act” means the Births and Deaths Registration Act 1926;

  • “the 1953 Act” means the Births and Deaths Registration Act 1953;

  • “the principal 1987 Regulations” means the Registration of Births and Deaths Regulations 1987 (S.I. 1987/2088);

  • “the 2019 Regulations” means the Notification of Deaths Regulations 2019 (S.I. 2019/1112).

(2)Expressions used in this Part of this Schedule and in the 1953 Act have the same meaning as in that Act.

Information concerning deaths: England and Wales

2(1)A funeral director is qualified for the purposes of section 16 or 17 of the 1953 Act to give information concerning the death of a person if the funeral director—

(a)is responsible for the arrangement of the deceased’s funeral, and

(b)is authorised by a relative of the deceased to give information concerning the death.

(2)Section 36 of the 1953 Act (penalties for failure to give information) does not apply to a funeral director who provides information in reliance on sub-paragraph (1).

Giving information other than in person and dispensing with signing the register

3(1)A qualified informant who is required under the 1953 Act to give information about a death or still-birth to the registrar may give the information to the registrar—

(a)by telephone, or

(b)by any other methods specified in guidance issued by the Registrar General,

if the informant is unable to attend before the registrar in person.

(2)The duty of a qualified informant to sign the register in the presence of the registrar does not apply where information is provided in reliance on sub-paragraph (1).

(3)An entry in a register of deaths or a register of still-births for which, by virtue of sub-paragraph (2), no signature is required is to be treated as an entry signed by a qualified informant for the purposes of the 1953 Act.

(4)A person is to be treated as unable to give information for the purposes of sub-paragraph (1) if it would be impractical for the person to do so (whether because of illness, the need to care for others, the risk of infection, staff shortages at the registrar’s office or any other reason).

Medical certificates of cause of death

4(1)Sub-paragraphs (2) to (5) have effect for any period before the coming into force of the section 22 of the 1953 Act that is substituted by paragraph 14 of Schedule 21 to the Coroners and Justice Act 2009.

(2)A registered medical practitioner (“X”) who is not the practitioner who attended the deceased person (“D”) during D’s last illness may sign a certificate under section 22(1) of the 1953 Act (certificates of cause of death) if—

(a)the practitioner who attended D is unable to sign the certificate or it is impractical for that practitioner to sign the certificate, and

(b)X is able to state to the best of X’s knowledge and belief the cause of death.

(3)A registered medical practitioner (“P”) may sign a certificate under section 22(1) of the 1953 Act, even in the case of a person who has not been attended during that person’s last illness by a registered medical practitioner, if P is able to state to the best of P’s knowledge and belief the cause of death.

(4)Where a registered medical practitioner proposes to sign a certificate under section 22(1) of the 1953 Act in reliance on sub-paragraph (2) or (3)

(a)Forms 14 and 15 in Schedule 2 to the principal 1987 Regulations have effect as if in each case—

(i)the line beginning with “Last seen” were omitted, and

(ii)the words “I was in medical attendance during the above named deceased’s last illness, and that” were omitted;

(b)Forms 11 and 12 in Schedule 2 to the Registration of Births and Deaths (Welsh Language) Regulations 1987 (S.I. 1987/2089) were subject to modifications corresponding to those mentioned in paragraph (a).

(5)Where a registered medical practitioner signs a certificate under section 22(1) of the 1953 Act in reliance on sub-paragraph (2) or (3)

(a)the practitioner is subject to the other duties applicable to a person who has signed such a certificate, and

(b)in a sub-paragraph (2) case, the practitioner who attended the deceased is not subject to any duties in relation to such a certificate.

(6)Where a registered medical practitioner signs a certificate under section 22(1) of the 1953 Act in reliance on sub-paragraph (3), regulation 41 of the principal 1987 Regulations (reference to coroner) has effect as if paragraph (1)(a) were omitted.

(7)In section 20 of the Coroners and Justice Act 2009 (medical certificate of cause of death), subsection (4) has effect as if the words “during a period of emergency” were omitted.

Delivery of documents by alternative methods

5(1)Any relevant document may be delivered by any electronic or other means specified in guidance issued by the Registrar General.

(2)“Relevant document” means—

(a)a document relating to a death or still-birth that is required or permitted by or under the 1953 Act, or

(b)a certificate for the purposes of section 1 of the 1926 Act (prohibition on disposal of body except on registrar’s certificate) or a notification of disposal for the purposes of section 3 of that Act.

Further modifications of the principal 1987 Regulations

6(1)The principal 1987 Regulations have effect with the following modifications.

(2)Regulation 34(1) (registration of still-birth where no reference to the coroner) has effect as if—

(a)in sub-paragraph (c) “personally” were omitted, and

(b)in the words after sub-paragraph (c) “in the presence of the informant” were omitted.

(3)Regulation 41(1)(b)(ii) (reference to coroner) has effect as if—

(a)for “the certifying medical practitioner” there were substituted “a medical practitioner”, and

(b)for “14 days” there were substituted “28 days”.

(4)Regulation 42(1) (registration of death within 12 months where no report to coroner) has effect as if—

(a)in sub-paragraph (c) “personally” were omitted, and

(b)in the words after sub-paragraph (c) “in the presence of the informant” were omitted.

(5)Regulation 43(1) (registration of death where no inquest held) has effect as if “in the presence of a qualified informant” were omitted.

(6)Regulation 47(3) (registration of death after 12 months) has effect as if—

(a)the words “shall arrange for that informant to attend at his office and” were omitted, and

(b)“in his presence” were omitted.

Notification of death to coroner

7(1)A registered medical practitioner is not required to notify the relevant senior coroner of a person’s death in the circumstances described in regulation 3(1)(e) or (f) of the 2019 Regulations unless the practitioner also reasonably believes that—

(a)there is no registered medical practitioner who may sign a certificate under section 22(1) of the 1953 Act in reliance on paragraph 4(2) or (3), or

(b)there is such a registered medical practitioner, but the practitioner is not available within a reasonable time of the person’s death to sign the certificate.

(2)Expressions used in this paragraph and the 2019 Regulations have the same meaning as in the Regulations.

Transitional provision

8Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.

9(1)This paragraph applies where, during any period for which paragraph 5 has effect, a person delivers a relevant document in reliance on that paragraph.

(2)The person must give, deliver or send the document in accordance with the applicable legislation as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends.

(3)The Registrar General may give a direction—

(a)setting a later deadline than the one specified in sub-paragraph (2), or

(b)dispensing with the duty under sub-paragraph (2).

(4)A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case.

(5)A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph.

(6)A registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case—

(a)setting a later deadline than the one specified in sub-paragraph (2), or

(b)dispensing with the duty under sub-paragraph (2).

(7)In this paragraph—

  • “applicable legislation” means—

    (a)

    in the case of a document within paragraph 5(2)(a), the 1953 Act, and

    (b)

    in the case of a document within paragraph 5(2)(b), the 1926 Act;

  • “relevant document” has the same meaning as in paragraph 5.

PART 2Scotland

Interpretation

10(1)In this Part of this Schedule “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

(2)Expressions used in this Part of this Schedule and in the 1965 Act have the same meaning as in that Act.

Information concerning deaths

11A funeral director may for the purposes of section 23(1) of the 1965 Act give information concerning the death of a person if the funeral director—

(a)is responsible for the arrangement of the deceased’s funeral, and

(b)is authorised by a relative of the deceased to give information concerning the death.

Giving information other than in person

12(1)A person who is required under the 1965 Act to give information about a death or still-birth to the district registrar for a registration district may give the information to the registrar—

(a)by telephone, or

(b)