The Health Protection (Coronavirus, Restrictions ...) (North of England) Regulations 2020

Interpretation of Part 2: general E+W

3.—(1) In this Part—

“change of protected area direction” has the meaning given in regulation 4(5);

“child” means a person under the age of 18;

“childcare” has the same meaning as in section 18 of the Childcare Act 2006 M1 ;

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

“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government department, or held in trust for Her Majesty for the purposes of a Government department, and includes any estate or interest held in right of the Prince and Steward of Scotland;

“Crown land” means land in which there is a Crown interest or a Duchy interest;

“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;

“elite sportsperson” means an individual who—

(a)

derives a living from competing in a sport,

(b)

is a senior representative nominated by a relevant sporting body,

(c)

is a member of the senior training squad for a relevant sporting body, or

(d)

is aged 16 or above and on an elite development pathway;

[F1 “informal childcare” means any form of care for a child aged 13 or under provided by someone other than a person doing so in their role as a person registered to provide childcare under Part 3 of the Childcare Act 2006 and includes education for a child aged 13 or under and any other supervised activity for a child aged 13 or under;]

[F1 “linked childcare household” has the meaning given in regulation 6A;]

“parent” of a child includes any person who is not a parent of the child but who has parental responsibility for, or who has care of, the child;

“parental responsibility” has the meaning given in section 3 of the Children Act 1989 M2 ;

F2 ...

“the protected area” has the meaning given in regulation 2;

“public outdoor place” means any outdoor place to which the public have or are permitted access, whether on payment or otherwise, and includes—

(a)

land laid out as a public garden or used for the purpose of recreation by members of the public;

(b)

land which is “open country” as defined in section 59(2) of the National Parks and Access to the Countryside Act 1949 M3 , as read with section 16 of the Countryside Act 1968 M4 ;

(c)

land which is “access land” for the purposes of Part 1 of the Countryside and Rights of Way Act 2000 M5 (see section 1(1) of that Act M6 );

(d)

any highway to which the public has access;

(e)

Crown land to which the public has access;

“vulnerable person” includes—

(a)

any person aged 70 or above;

(b)

any person who is under the age of 70 but has a medical condition which increases vulnerability to Covid-19 (the official designation of the disease which can be caused by coronavirus);

(c)

any person who is pregnant.

(2) For the purposes of the definition of “elite sportsperson” in paragraph (1)—

(a) “elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—

(i) so that they may derive a living from competing in that sport, or

(ii) to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham;

(b) “relevant sporting body” means the national governing body of a sport which may nominate sportspersons to represent—

(i) Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii) England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

(c) “senior representative” means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(i) Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii) England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 3(1) inserted (22.9.2020 at 12.01 a.m.) by The Health Protection (Coronavirus, Restrictions) (Protected Areas and Linked Childcare Households) (Amendment) Regulations 2020 (S.I. 2020/1019), regs. 1(2), 3(1)(a)(i)

F2 Words in reg. 3(1) omitted (24.9.2020 at 5:00 a.m.) by virtue of The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1029), regs. 1(2), 4(2)(a) (with reg. 9)

F3 Reg. 3(3) omitted (24.9.2020 at 5:00 a.m.) by virtue of The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1029), regs. 1(2), 4(2)(b) (with reg. 9)

Commencement Information

I1 Reg. 3 in force at 5.8.2020, see reg. 1(2)

Marginal Citations

M1 2006 c. 21. Section 18 has been amended by the Children and Young Persons Act 2008 (c. 23), Schedule 1, paragraph 19, and Schedule 4; the Criminal Justice and Courts Act 2015 (c. 2), Schedule 9, paragraph 21, and S.I. 2010/813.

M2 1989 c. 41.

M3 1949 c. 97.

M4 1968 c. 41. Section 16 has been amended by section 111 of the Transport Act 1968 (c. 73), Schedule 27 to the Water Act 1989 (c. 15) and S.I. 2012/1659. There are other amendments to section 16 which are not relevant to these Regulations.

M5 2000 c. 37.

M6 The definition of “access land” has been amended by section 303(2) of and Part 7 of Schedule 22 to, the Marine and Coastal Access Act 2009 (c. 23).