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The Coronavirus Act 2020 (Early Expiry) Regulations 2021

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Coronavirus Act 2020 (Early Expiry) Regulations 2021 No. 856

Draft Regulations laid before Parliament under section 93(1) of the Coronavirus Act 2020, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2021 No.

Public Health

The Coronavirus Act 2020 (Early Expiry) Regulations 2021

Made

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Coming into force

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The Secretary of State makes the following Regulations in exercise of the powers conferred by section 90(1)(1) and (4)(b) of the Coronavirus Act 2020(2).

In accordance with section 90(6) of that Act, the regulations are made with the consent of the Welsh Ministers, the Scottish Ministers and the Department of Health in Northern Ireland.

In accordance with section 93(1) of that Act, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.

Citation, commencement, and interpretation

1.—(1) These Regulations may be cited as the Coronavirus Act 2020 (Early Expiry) Regulations 2021.

(2) These Regulations come into force on the day after the day on which they are made.

(3) In these Regulations “the Act” means the Coronavirus Act 2020.

Early expiry of provisions of the Act that extend to England and Wales, Scotland, and Northern Ireland

2.—(1) The following sections of the Act expire on the day after the day on which these Regulations come into force—

(a)section 8 (and Schedule 7)(3);

(b)section 9;

(c)section 24;

(d)sections 25 to 27;

(e)section 28 (and Schedule 15);

(f)section 29;

(g)section 71.

(2) Paragraph (1)(c) does not affect the continued operation of the Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) (No. 2) Regulations 2020(4).

Early expiry of provisions of the Act that extend to England and Wales

3.—(1) Section 84 of the Act expires on the day after the day on which these Regulations come into force.

(2) Paragraph (1) does not affect the continued operation of—

(a)the General Synod of the Church of England (Postponement of Elections) Order 2020(5);

(b)the General Synod of the Church of England (Postponement of Elections) (Amendment) Order 2020(6).

Early expiry of provisions of the Act that apply in England

4.  The following provisions of the Act expire on the day after the day on which these Regulations come into force—

(a)Part 1 of Schedule 12 (and section 15 so far as it relates to that Part)(7);

(b)section 79.

Secretary of State

Department for Health and Social Care

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the expiry of twelve sections of the Coronavirus Act 2020 (c. 7) (the “Act”). There are seven devolved sections, sections 8, 9 and 25 to 29, for which the Secretary of State has obtained the necessary consent to expire on behalf of Wales, Scotland, and Northern Ireland.

Regulation 2 provides for the expiry of nine provisions that extend and apply across the UK. Sections 8 and 9 of the Act provide for emergency volunteering leave and compensation for emergency volunteers. These sections were not commenced. Certain necessary effects will continue post expiry in accordance with section 89(2)(n) of the Act. Section 24 provides for extension of certain time limits for retention of fingerprints and DNA profiles for national security purposes. The instrument specified in regulation 2(2) was made under section 24, and is saved as they provide the ongoing basis for the retention of certain fingerprints and DNA profiles until 24 September 2021. Sections 25 to 29 provide powers to require the provision of information regarding the food supply chain; these sections were not commenced. Section 71 provides for only a single Treasury Commissioner or Treasury Minister to sign a relevant instrument or act.

Regulation 3 provides for the expiry of one provision that extends to England and Wales. Section 84 provides powers for the postponement of General Synod elections in the Church of England. The Orders in Council made under section 84 are saved.

Regulation 4 provides for the expiry of two provisions that apply in England only. Part 1 of Schedule 12 removed certain duties from the provision of social care by local authorities. Certain necessary effects will continue post expiry in accordance with section 89(2)(r) of the Act. Section 79 extended certain Business Improvement District arrangements.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

See the definition of “relevant national authority” in section 90(5), (7), (9), and (11).

(3)

The expiry of section 8 (and Schedule 7) takes effect subject to section 89(2)(n) which provides that Parts 2 to 5 of Schedule 7, and section 8 so far as relating to those Parts, will not expire.

(5)

SI. 2020/526, amended by SI. 2020/1123.

(7)

The expiry of Part 1 of Schedule 12 (and section 15 so far as it relates to that Part) takes effect subject to section 89(2)(r) which provides that 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 will not expire.

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