Coronavirus Act 2020

2020 c. 7

An Act to make provision in connection with coronavirus; and for connected purposes. X1

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:—

Annotations:
Editorial Information
X1

Act (except for specified provisions) expires at the end of 2 years beginning with the date of Royal Assent, see s. 89 (subject to s. 90); and a relevant national authority may by regulations suspend (and subsequently revive) the operation of any provision of this Act (except for those provisions listed in s. 88(6)), see s. 88

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).

F743Emergency arrangements concerning medical practitioners: Wales

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F284Emergency arrangements concerning medical practitioners: Scotland

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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).

F37Temporary registration of social workers: Scotland

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Emergency volunteers

F1248Emergency volunteering leave

Schedule 7 makes provision for emergency volunteering leave.

F169Compensation for emergency volunteers

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Mental health and mental capacity

I110Temporary modification of mental health and mental capacity legislation

F521

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

F222

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I23F153

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

I84

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—

    1. a

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

    2. 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—

  • “authorised person” means a person authorised by the Department of Health;

  • “the Department of Health” means the Department of Health in Northern Ireland;

  • “the system of health and social care” means the system promoted under section 2(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)).

NHS and local authority care and support

F814NHS Continuing Healthcare assessments: England

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I40F6315Local 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.

F3516Duty of local authority to assess needs: Scotland

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I2517Section 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

I318Registration 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.

C172

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

C36C29C223

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.

I1919Confirmatory medical certificate not required for cremations: England and Wales

F581

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F582

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F583

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F584

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F585

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F586

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F587

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F588

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F589

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F5810

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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.

F9420Review of cause of death certificates and cremations: Scotland

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I30C3221Modifications of requirements regarding medical certificates for cremations: Northern Ireland

C24C211

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

C24C212

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

C24C213

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.

C214

In regulation 13 (duties of the Medical Referee)—

C28a

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—

F106i

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C28ii

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

F265

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C216

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

F103a

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F103b

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F103c

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F103d

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C18e

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

F5122Appointment of temporary Judicial Commissioners

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F5623Time 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

F2424Extension of time limits for retention of fingerprints and DNA profiles

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Food supply

F4025Power to require information relating to food supply chains

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F4026Authorities which may require information

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F4027Restrictions on use and disclosure of information

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F1928Enforcement of requirement to provide information

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F5529Meaning of “food supply chain” and related expressions

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Inquests

F3030Suspension of requirement to hold inquest with jury: England and Wales

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F4831Suspension of requirement to hold inquest with jury: Northern Ireland

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F11932Deaths in custody from natural illness: Northern Ireland

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Disclosure: Wales

F5733Disapplication etc by Welsh Ministers of DBS provisions

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Disclosure: Scotland

F8534Temporary disapplication of disclosure offences: Scotland

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F535Power to reclassify certain disclosure requests: Scotland

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Vaccinations: Scotland

F7736Vaccination and immunisation: Scotland

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Schools, childcare providers etc

37Temporary closure of educational institutions and childcare premises

F531

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F292

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F883

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38Temporary continuity: education, training and childcare

F37F1091

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F1092

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F463

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Statutory sick pay

F3939Statutory sick pay: funding of employers' liabilities

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F11540Statutory sick pay: power to disapply waiting period limitation

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F7641Statutory sick pay: modification of regulation making powers

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F6242Statutory sick pay: funding of employers' liabilities: Northern Ireland

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F9043Statutory sick pay: power to disapply waiting period limitation: Northern Ireland

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F8244Statutory sick pay: modification of regulation making powers: Northern Ireland

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Pensions

F7545NHS pension schemes: suspension of restrictions on return to work: England and Wales

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F12346NHS pension schemes: suspension of restrictions on return to work: Scotland

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F6947Health and social care pension schemes: suspension of restrictions on return to work: Northern Ireland

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Protection of public health

C30C33C2748Powers to act for the protection of public health: Northern Ireland

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

F3649Health protection regulations: Scotland

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Power to suspend port operations

F650Power to suspend port operations

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Powers relating to potentially infectious persons

F8351Powers relating to potentially infectious persons

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Powers relating to events, gatherings and premises

F11752Powers to issue directions relating to events, gatherings and premises

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Courts and tribunals: use of video and audio technology

F13053Expansion of availability of live links in criminal proceedings

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F12554Expansion of availability of live links in other criminal hearings

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F134F9855Public participation in proceedings conducted by video or audio

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12056Live links in magistrates' court appeals against requirements or restrictions imposed on a potentially infectious person

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C5C20C1457Use 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

F8758Powers in relation to transportation, storage and disposal of dead bodies etc

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

X369Postponement 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.

Annotations:
Editorial Information
X3

The power conferred under this provision to publish a notice may be exercised by means of a notice published in The Gazette

X570Postponement 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.

Annotations:
Editorial Information
X5

The power conferred under this provision to publish a notice may be exercised by means of a notice published in The Gazette

Other administrative requirements

F6571Signatures of Treasury Commissioners

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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”.

F722

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F723

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

HMRC functions

X476HMRC functions

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

Annotations:
Editorial Information
X4

The power conferred under this provision to make a direction may be exercised by means of a notice published in The Gazette

Up-rating of working tax credit etc

77Up-rating of working tax credit etc

F21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F543

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local authority meetings

C34C13C12C278Local authority meetings

F91

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.

F1293

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).

F128s

a Mayoral development corporation established under section 198 of the Localism Act 2011;

t

an urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980;

u

a parish meeting constituted under section 13 of the Local Government Act 1972;

v

Transport for London.

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—

    1. a

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

    2. b

      an enactment comprised in Northern Ireland legislation;

  • “subordinate legislation” means—

    1. a

      subordinate legislation within the meaning of the Interpretation Act 1978;

    2. b

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

    3. 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

F4579Extension of BID arrangements: England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1380Extension of BID arrangements: Northern Ireland

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Residential tenancies: protection from eviction

F10881Residential tenancies in England and Wales: protection from eviction

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Business tenancies: protection from forfeiture etc

F782Business tenancies in England and Wales: protection from forfeiture etc

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11183Business tenancies in Northern Ireland: protection from forfeiture etc

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General Synod of the Church of England

F11484Postponement of General Synod elections

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

X297Reports 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.

Annotations:
Editorial Information
X2

The power conferred under this provision to make a statement in writing may be exercised by means of a notice published in The Gazette

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—

    1. a

      the period of 6 months beginning with the day on which this Act is passed, and

    2. 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—

    1. a

      which is not listed in section 89(2) (provisions not subject to expiry), and

    2. 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

SCHEDULE 1Emergency registration of nurses and other health and care professionals

Section 2

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—

Temporary registration in emergencies involving loss of human life or human illness etc

9A

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—

Temporary registration in emergencies involving loss of human life or human illness etc

9A

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.

F84SCHEDULE 2Emergency arrangements concerning medical practitioners: Wales

Section 3

Annotations:
Amendments (Textual)
F84

Sch. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F84Temporary exception to rule requiring listing in order to perform primary medical services

F841

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84Modification of General Medical Services Contracts Regulations 2004

F842

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84Power to modify Schedule

F843

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67SCHEDULE 3Emergency arrangements concerning medical practitioners: Scotland

Section 4

Annotations:
Amendments (Textual)
F67

Sch. 3 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F67National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

F671

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

F672

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67National Health Service (Primary Medical Services Section 17C Arrangements) (Scotland) Regulations 2018

F673

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67Power to modify Schedule

F674

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4Emergency registration of pharmaceutical chemists and extension of prescribing powers: Northern Ireland

Section 5

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

2

The 1976 Order has effect as if it were subject to the following modifications.

3

After Article 8D insert—

Temporary registration in the register of pharmaceutical chemists in certain emergencies

8E

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.

4

In 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 ”.

5

At 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

6

After Article 9 insert—

Temporary extension of prescribing powers in certain emergencies

9A

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

7

In 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

8

Paragraph 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).

SCHEDULE 5Emergency registration of social workers: England and Wales

Section 6

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,

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—

Temporary registration in emergencies involving loss of human life or human illness etc

12A

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.

F4SCHEDULE 6Temporary registration of social workers: Scotland

Section 7

Annotations:
Amendments (Textual)
F4

Sch. 6 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F4Regulation of Care (Scotland) Act 2001

F41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4Social workers and social service workers in care services

F42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7Emergency volunteering leave

Section 8

F95PART 1Entitlement to emergency volunteering leave

Annotations:
Amendments (Textual)

Entitlement to emergency volunteering leave

F951

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “volunteering period”

F952

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions to entitlement to emergency volunteering leave

F953

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “appropriate authority”

F954

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

8

The Employment Rights Act 1996 (“the 1996 Act”) has effect in accordance with this Part of this Schedule.

9

The 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.

10

The 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) ”.

11

The 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.

12

The 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 ”.

13

The 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 ”.

14

The 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.

15

The 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.

16

The 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,

17

The 1996 Act has effect as if in section 124(1A) (exceptions to limits on compensation), after “103A,” there were inserted “ 104H, ”.

18

The 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

19

The 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.

20

The 1996 Order has effect as if after Article 70F there were inserted—

Emergency volunteering leave

70G

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.

21

The 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) ”.

22

The 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.

23

The 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 ”.

24

The 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 ”.

25

The 1996 Order has effect as if after Article 135F there were inserted—

Emergency volunteering leave

135G

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.

26

The 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.

27

The 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,

28

The 1996 Order has effect as if in Article 158(1A) (exceptions to limits on compensation), after “135F,” there were inserted “ 135G, ”.

29

The 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

32

A 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.

SCHEDULE 8Mental health: England and Wales

Section 10

F110PART 1Introductory provision etc

Annotations:
Amendments (Textual)

Interpretation

I381

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.

Annotations:
Commencement Information
I38

Sch. 8 para. 1 in force at 27.3.2020 at 9.00 a.m. for W. by S.I. 2020/366, reg. 2(b)

Forms

I152

Where 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.

Annotations:
Commencement Information
I15

Sch. 8 para. 2 in force at 27.3.2020 at 9.00 a.m. for W. by S.I. 2020/366, reg. 2(b)

F20PART 2Modifications of the Mental Health Act 1983 and related provision

Annotations:
Amendments (Textual)
F20

Sch. 8 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F20Applications for compulsory admission to hospital for assessment or treatment

F203

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20Applications for compulsory admission of patients already in hospital

F204

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20Period of remand to hospital

F205

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20Court orders for the detention of accused or convicted persons in hospital

F206

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20Directions for the transfer of prisoners to hospital

F207

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20Conveyance of accused or convicted persons to hospital

F208

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20Administration of medicine to persons liable to detention in hospital

F209

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20Detention in place of safety

F2010

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20Constitution and proceedings of the Mental Health Review Tribunal for Wales

F2011

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2012

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2013

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3Transitional provision

14

Paragraph 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.

15

Where, 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.

17

Paragraph 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.

18

Paragraph 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

19

Paragraph 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.

F33SCHEDULE 9Mental health: Scotland

Section 10

Annotations:
Amendments (Textual)
F33

Sch. 9 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F33PART 1Introductory provision etc

F33Interpretation

F331

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33Forms

F332

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33PART 2Modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003

F33Emergency detention

F333

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33Short-term detention certificates

F334

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33Compulsory treatment orders

F335

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33Transfer for treatment directions

F336

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33Nurse's power to detain pending medical examination

F337

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33Admission to hospital

F338

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33Suspension of requirements to review orders and directions authorising detention

F339

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33Administration of medicine

F3310

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33Constitution of Mental Health Tribunal for Scotland

F3311

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33PART 3Modifications of the Criminal Procedure (Scotland) Act 1995

F33Assessment orders: extension

F3312

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33Court orders authorising detention

F3313

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33Admission to hospital

F3314

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33PART 4Modifications of subordinate legislation

F33The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (SSI 2005/519)

F3315

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33The Mental Health (Conflict of Interest) (Scotland) Regulations 2017 (SSI 2017/174)

F3316

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10Mental health: Northern Ireland

Section 10

F66PART 1Introductory provision etc

Annotations:
Amendments (Textual)

Interpretation

I201

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

I132

Where 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.

F59PART 2Modifications of the Mental Health (Northern Ireland) Order 1986

Annotations:
Amendments (Textual)
F59

Sch. 10 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F59Applications for compulsory admission to hospital for assessment

F593

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59Medical recommendation

F594

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59Applications for compulsory admission for assessment in respect of patients already in hospital

F595

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59The assessment period

F596

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59Rectification of applications, recommendations and reports

F597

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59Detention for treatment

F598

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59Periods of remand to hospital

F599

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59Required 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

F5910

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59Required medical evidence for hospital order in respect of certain other detained persons in their absence

F5911

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59Directions for the transfer of prisoners etc to hospital

F5912

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59Conveyance of accused or convicted persons to hospital

F5913

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59Designation of, and admission of persons to, different hospitals in pursuance of hospital orders

F5914

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59Code of practice

F5915

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3Transitional provision

I3116

Paragraph 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.

I1117

Where, 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.

I918

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

I2619

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.

SCHEDULE 11Mental capacity: Northern Ireland

Section 10

PART 1Introductory provision etc

Interpretation

I271

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

I72

Where 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.

F10PART 2Modifications of the Mental Capacity Act (Northern Ireland) 2016

Annotations:
Amendments (Textual)
F10

Sch. 11 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F10Proceedings of panels constituted to decide applications

F103

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Time limit for panel's decisions regarding authorisations of certain serious interventions

F104

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Interim authorisations by panels of certain serious interventions

F105

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Report authorising short-term detention in hospital for examination etc

F106

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F107

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Consultation required before such a report is made

F108

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Extension by panel of period of authorisation

F109

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Additional notification requirements for panels

F1010

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Period of detention in place of safety

F1011

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Periods of remand to hospital

F1012

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Required medical evidence for court to be satisfied treatment condition is met in relation to remand to hospital

F1013

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Required 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

F1014

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Required medical evidence for hospital directions

F1015

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Extension reports in relation to public protection orders without restrictions

F1016

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Required medical evidence for directions for the transfer of prisoners etc to hospital

F1017

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Admission of person subject to hospital transfer direction to hospital

F1018

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Code of practice

F1019

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3Transitional provision

I2220

Paragraph 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.

Annotations:
Commencement Information
I22

Sch. 11 para. 20 in force at 2.4.2020 for specified purposes by S.R. 2020/58, art. 2(f)

21

Where, 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

I1722

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.

SCHEDULE 12Local authority care and support

Section 15

F112PART 1Powers and duties of local authorities in England

Annotations:
Amendments (Textual)
F112

Sch. 12 Pt. 1 expires (except for Sch. 12 paras. 3(2)(3), 10, 13, 18) (17.7.2021) by virtue of The Coronavirus Act 2020 (Early Expiry) Regulations 2021 (S.I. 2021/856), reg. 4(a) (see 2020 c. 7, s. 89(2)(r))

Introductory

F1121

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessing needs for care and support

F1122

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessment of financial resources

I413

1

F112...

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.

Annotations:
Commencement Information
I41

Sch. 12 para. 3 in force at 31.3.2020 by S.I. 2020/388, reg. 2

Duties and powers to meet needs for care and support

F1124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1125

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1126

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1127

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1128

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1129

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charging for meeting needs during emergency period

I4310

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.

Annotations:
Commencement Information
I43

Sch. 12 para. 10 in force at 31.3.2020 by S.I. 2020/388, reg. 2

Care and support plans etc

F11211

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Continuity of care and support when person moves

F11212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I4213

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.

Annotations:
Commencement Information
I42

Sch. 12 para. 13 in force at 31.3.2020 by S.I. 2020/388, reg. 2

Discharge of hospital patients with care and support needs

F11214

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transition for children to adult care and support

F11215

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties arising before commencement

F11216

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period within which assessments may be carried out

F11217

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance

I4418

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.

Annotations:
Commencement Information
I44

Sch. 12 para. 18 in force at 31.3.2020 by S.I. 2020/388, reg. 2

F100F12PART 2Powers and duties of local authorities in Wales

Annotations:
Amendments (Textual)
F100

Sch. 12 Pt. 2 expires (except for Sch. 12 paras. 19 (in part), 30, 33, 35) (1.8.2021) by virtue of The Coronavirus Act 2020 (Early Expiry: Local Authority Care and Support) (Wales) Regulations 2021 (S.I. 2021/850), regs. 1(2), 2(a) (see 2020 c. 7, s. 89(2)(r))

Introductory

I16F10019

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.

Annotations:
Commencement Information
I16

Sch. 12 para. 19 in force at 1.4.2020 by S.I. 2020/366, reg. 3

Assessing needs for care and support

F10020

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10021

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10022

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10023

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10024

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to carry out financial assessment

F10025

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties to meet needs for care and support

F10026

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10027

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10028

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10029

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charging for meeting needs during emergency period

I2130

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.

Annotations:
Commencement Information
I21

Sch. 12 para. 30 in force at 1.4.2020 by S.I. 2020/366, reg. 3

Care and support plans etc

F10031

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Portability of care and support

F10032

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I3333

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.

Annotations:
Commencement Information
I33

Sch. 12 para. 33 in force at 1.4.2020 by S.I. 2020/366, reg. 3

Duties arising before commencement

F10034

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance

I635

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.

Annotations:
Commencement Information
I6

Sch. 12 para. 35 in force at 1.4.2020 by S.I. 2020/366, reg. 3

SCHEDULE 13Registration of deaths and still-births

Section 18

PART 1England and Wales

Interpretation

I181

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

F212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Giving information other than in person and dispensing with signing the register

F473

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Medical certificates of cause of death

F494

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delivery of documents by alternative methods

F735

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further modifications of the principal 1987 Regulations

F1166

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of death to coroner

F687

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision

I398

Anything 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.

I129

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—

    1. a

      in the case of a document within paragraph 5(2)(a), the 1953 Act, and

    2. 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.

C9PART 2Scotland

Annotations:
Modifications etc. (not altering text)

Interpretation

I1010

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

F2711

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Giving information other than in person

F6112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delivery of documents by alternative methods

F13213

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance

F12214

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision

I2415

Anything 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.

I516

1

This paragraph applies where, during any period for which paragraph 13 has effect, a person gives or delivers a relevant document in reliance on that paragraph.

2

The person must give, deliver or send the document in accordance with the 1965 Act 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 district 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 “relevant document” has the same meaning as in paragraph 13.

C35PART 3Northern Ireland

Annotations:
Modifications etc. (not altering text)
C35

Sch. 13 Pt. 3 continued in part until immediately before 25.9.2022 (24.3.2022) by The Coronavirus Act 2020 (Registration of deaths and still-births) (Extension) Order (Northern Ireland) 2022 (S.R. 2022/160), arts. 1, 3

Interpretation

I32C6C2617

1

In this Part of this Schedule—

  • “the 1976 Order” means the Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14));

  • “the 2012 Regulations” means the Civil Registration Regulations (Northern Ireland) 2012 (S.R. (N.I.) 2012 No. 408).

2

In this Part of this Schedule—

a

references to Articles are to Articles of the 1976 Order;

b

references to Forms are to Forms in Schedule 1 to the 2012 Regulations.

3

Expressions used in this Schedule and in the 1976 Order have the meaning given in that Order.

Giving certificate of cause of still-birth directly

I34C4C718

1

This paragraph applies if—

a

a registered medical practitioner or registered midwife is required under Article 15(5) to give an informant a certificate for the purposes of Article 15(3), and

b

the certificate is signed during any period for which this paragraph has effect.

2

The medical practitioner or, as the case may be, the registered midwife—

a

must forthwith send a copy of the certificate to the registrar by electronic means;

b

is not required to give the certificate to the informant (but may do so).

3

The informant is not subject to any duty under Article 15(3) in relation to the certificate.

I35C4C719

In accordance with paragraph 18, Form 10 has effect as if, in the opening lines, for “accompanied by” there were substituted “ and a copy of ”.

Giving certificate of notice of still-birth directly

I28C4C720

Article 15(7) (registrar receiving written notice of still-births) has effect as if—

a

for “accompanied by such a certificate” there were substituted “ and a copy of such a certificate ”;

b

for “person sending the notice” there were substituted “ person who has control over, or who ordinarily effects the disposal of bodies at, any burial ground or other place at which it is intended to dispose of the body of a still-born child, ”.

Giving information to the registrar other than in person and dispensing with signing the register

I37C4C721

1

A qualified informant who is required under the 1976 Order to give information concerning a death or still-birth to a registrar, but who is unable to attend before a registrar in person, may give that information—

a

by telephone, or

b

by electronic means.

2

The duty of a qualified informant to sign the register does not apply where information is given in reliance on sub-paragraph (1).

3

Where information is given in reliance on sub-paragraph (1), that information is to be regarded for the purposes of the 1976 Order as having been given in the manner that is required by the 2012 Regulations.

4

An entry in the register of deaths or the 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 2012 Regulations.

5

A qualified informant is to be treated as unable to attend before a registrar in person for the purposes of sub-paragraph (1) if it would be unreasonable or impracticable 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).

I14C4C722

In accordance with paragraph 21—

a

Form 2 has effect as if at entry number 15 for “Signature” there were substituted “ Name of person professing to be informant ”;

b

Form 3 has effect as if at entry number 16 for “Signature of informant” there were substituted “ Name of person professing to be informant ”.

Signing of certificates of cause of death

F8923

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10524

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8125

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2326

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Giving certificate of cause of death directly

I36C19C1527

1

This paragraph applies if—

a

a registered medical practitioner signs a certificate of cause of death under Article 25(2) (whether or not the certificate is signed in reliance on paragraph 23 or 24), and

b

the certificate is signed during any period for which this paragraph has effect.

2

The medical practitioner—

a

must forthwith send a copy of the certificate, together with such other particulars as are prescribed under Article 25(2), to the registrar by electronic means,

b

is not required to give the certificate to the informant (but may do so).

3

The informant is not subject to any duties in relation to the certificate.

I2C19C1528

In accordance with paragraph 27—

a

Article 22 has effect as if the words “, accompanied by such medical certificate of the cause of the death as is required by Article 25 to be given to the registrar,” were omitted;

b

Article 25(3) has effect as if after “paragraph (2)” there were inserted “ or give the registrar a copy of such a certificate ”;

c

Article 25(4) has effect as if for the words from “An informant” to “and” there were substituted “ Where a registered medical practitioner gives to the registrar a copy of the certificate which the practitioner has signed under Article 25(2) together with such other particulars as are required under Article 25(2) to be given by the practitioner, ”.

Giving certificate of registration, or written notice, of death directly

I4C19C1529

Article 29 (certificate of registration of death) has effect with the following modifications—

a

paragraph (1) has effect as if—

i

after “person giving information concerning the death” there were inserted “ or the person who effects the disposal of, or performs any funeral service for, the body of the deceased person ”;

ii

after “a certificate in the prescribed form”, the words “under his hand” were omitted;

b

paragraph (2) has effect as if—

i

for “the person sending the notice, if required to do so,” there were substituted “ the person who effects the disposal of, or performs any funeral service for, the body of the deceased person ”;

ii

after “a certificate in the prescribed form”, the words “under his hand” were omitted.

Transitional provision

I2930

Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which any 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.

F38SCHEDULE 14Review of medical certificates of cause of death and cremations: Scotland

Section 20

Annotations:
Amendments (Textual)
F38

Sch. 14 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F38PART 1Review of medical certificates of cause of death

F38Interpretation

F381

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38Power to suspend review of certain medical certificates of cause of death

F382

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38Effect of direction on existing reviews referred under section 24A of the 1965 Act

F383

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38Effect of direction on existing reviews made by application under section 4(1) of the 2011 Act

F384

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38Automatic referral of medical certificates of the cause of death to procurator fiscal

F385

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38PART 2Cremations

F38Interpretation

F386

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38Application

F387

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38Suspension of offence relating to signing of declaration

F388

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38Suspension of provisions relating to collection of ashes

F389

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38Retention of ashes during period provisions are suspended

F3810

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38Resumption of duties in relation to retained ashes after revocation

F3811

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38Suspension of local authority duty to make enquiries as to surviving relatives

F3812

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64SCHEDULE 15Information relating to food supply chains: financial penalties

Section 28

Annotations:
Amendments (Textual)

Notice of intent

F641

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of penalty

F642

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to make representations

F643

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Final notice

F644

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Late payment

F645

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawal or amendment of notice

F646

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals

F647

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

F648

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 16Temporary closure of educational institutions and childcare premises

Section 37

F101PART 1England and Wales

Annotations:
Amendments (Textual)
F101

Sch. 16 Pt. 1 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F101Schools, 16 to 19 Academies, further and higher education providers

F1011

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101Registered childcare providers

F1012

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101Effect of temporary closure directions on other provisions

F1013

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101Authorisations

F1014

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101Publication, duration and guidance

F1015

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2Scotland

Interpretation

F16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to have regard to public health advice

F1047

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure of schools etc and further and higher education institutions

8

F711

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F712

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F713

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F714

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F715

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F416

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F417

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F418

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F979

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of educational closure direction on other provisions

F1339

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School boarding accommodation

F11810

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Student accommodation

F7811

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compliance and enforcement

F2512

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication and duration of directions

F4313

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3Northern Ireland

Schools

F4414

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Institutions of further and higher education

F9115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Childcare providers

F5016

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 17Temporary continuity directions etc: education, training and childcare

Section 38

PART 1England and Wales

Temporary continuity directions: England

F311

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary continuity directions: Wales

F1072

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary continuity directions: authorisations

F183

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication, duration and guidance in relation to temporary continuity directions

F934

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notices temporarily removing or relaxing statutory provisions etc: England

F1275

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1266

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notices temporarily removing or relaxing statutory provisions: Wales

F927

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F708

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42PART 2Scotland

Annotations:
Amendments (Textual)
F42

Sch. 17 Pt. 2 expires (25.9.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F42Interpretation

F429

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42Duty to have regard to public health advice

F4210

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42Continuing operation of educational establishments

F4211

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42Compliance and enforcement

F4212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42Publication, duration and review of directions

F4213

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99PART 3Northern Ireland

Annotations:
Amendments (Textual)
F99

Sch. 17 Pt. 3 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F99Temporary continuity directions

F9914

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9915

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9916

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99Notices temporarily removing or relaxing education duties

F9917

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C31C3C25SCHEDULE 18Powers to act for the protection of public health: Northern Ireland

Section 48

Annotations:
Modifications etc. (not altering text)

C3C25

The Public Health Act (Northern Ireland) 1967 has effect as if after Part 1 there were inserted—

PART 1APublic health protection

Introductory

25AInfection or contamination

1

The following provisions have effect for the interpretation of this Part.

2

Any reference to infection or contamination is a reference to infection or contamination with coronavirus which presents or could present significant harm to human health; and “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

3

Any reference to the spread of contamination includes a reference to the spread of any source of contamination.

4

Any reference to disinfection or decontamination includes a reference to the removal of any vector, agent or source of the infection or contamination.

5

Related expressions are to be read accordingly.

Power to make regulations

25BHealth protection regulations: international travel etc

1

The Department of Health may by regulations make provision—

a

for preventing danger to public health from vessels, aircraft, trains or other conveyances arriving at any place,

b

for preventing the spread of infection or contamination by means of any vessel, aircraft, train or other conveyance leaving any place, and

c

for giving effect to any international agreement or arrangement relating to the spread of infection or contamination.

2

Regulations under subsection (1) may in particular include provision—

a

for the detention of conveyances,

b

for the medical examination, detention, isolation or quarantine of persons,

c

for the inspection, analysis, retention, isolation, quarantine or destruction of things,

d

for the disinfection or decontamination of conveyances, persons or things or the application of other sanitary measures,

e

for prohibiting or regulating the arrival or departure of conveyances and the entry or exit of persons or things,

f

imposing duties on masters, pilots, train managers and other persons on board conveyances and on owners and managers of ports, airports and other points of entry, and

g

requiring persons to provide information or answer questions (including information or questions relating to their health).

25CHealth protection regulations: domestic

1

The Department of Health may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Northern Ireland (whether from risks originating there or elsewhere).

2

The power in subsection (1) may be exercised—

a

in relation to infection or contamination generally or in relation to particular forms of infection or contamination, and

b

so as to make provision of a general nature, to make contingent provision or to make specific provision in response to a particular set of circumstances.

3

Regulations under subsection (1) may in particular include provision—

a

imposing duties on registered medical practitioners or other persons to record and notify cases or suspected cases of infection or contamination,

b

conferring on the Regional Agency or other persons functions in relation to the monitoring of public health risks, and

c

imposing or enabling the imposition of restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health.

4

The restrictions or requirements mentioned in subsection (3)(c) include in particular—

a

a requirement that a child is to be kept away from school,

b

a prohibition or restriction relating to the holding of an event or gathering,

c

a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains, and

d

a special restriction or requirement.

5

The power in subsection (1) is subject to section 25D.

6

For the purposes of this Part a “special restriction or requirement” means any of the following restrictions or requirements—

a

that a person submit to medical examination;

b

that a person be removed to a hospital or other suitable establishment;

c

that a person be detained in a hospital or other suitable establishment;

d

that a person be kept in isolation or quarantine;

e

that a person be disinfected or decontaminated;

f

that a person wear protective clothing;

g

that a person provide information or answer questions about the person's health or other circumstances;

h

that a person's health be monitored and the results reported;

i

that a person attend training or advice sessions on how to reduce the risk of infecting or contaminating others;

j

that a person be subject to restrictions on where the person goes or with whom the person has contact;

k

that a person abstain from working or trading;

l

that a thing be seized or retained;

m

that a thing be kept in isolation or quarantine;

n

that a thing be disinfected or decontaminated;

o

in the case of a dead body, that the body be buried or cremated;

p

in any other case, that a thing be destroyed or disposed of;

q

that premises be closed;

r

that, in the case of a conveyance or movable structure, the conveyance or structure be detained;

s

that premises be disinfected or decontaminated;

t

that, in the case of a building, conveyance or structure, the premises be destroyed.

7

But a restriction or requirement mentioned in subsection (4)(a), (b) or (c) is not to be regarded as a special restriction or requirement.

25DRestrictions on power to make regulations under section 25C

1

Regulations under section 25C may not include provision imposing a restriction or requirement by virtue of subsection (3)(c) of that section unless the Department considers, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.

2

Regulations under section 25C may not include provision enabling the imposition of a restriction or requirement by virtue of subsection (3)(c) of that section unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.

3

Regulations under section 25C may not include provision imposing a special restriction or requirement mentioned in section 25C(6)(a), (b), (c) or (d).

4

Regulations under section 25C may not include provision enabling the imposition of a special restriction or requirement unless—

a

the regulations are made in response to a serious and imminent threat to public health, or

b

imposition of the restriction or requirement is expressed to be contingent on there being such a threat at the time when it is imposed.

5

For the purposes of this section—

a

regulations “enable the imposition of a restriction or requirement” if the restriction or requirement is imposed by virtue of a decision taken under the regulations by the Department, the Regional Agency or another person;

b

regulations “impose a restriction or requirement” if the restriction or requirement is imposed without any such decision.

25EMedical treatment

1

Regulations under section 25B or 25C may not include provision requiring a person to undergo medical treatment.

2

“Medical treatment” includes vaccination and other prophylactic treatment.

25FHealth protection regulations: supplementary

1

This section makes further provision about regulations under section 25B or 25C (“health protection regulations”).

2

Health protection regulations may—

a

confer functions on the Regional Agency and other persons;

b

create offences;

c

enable a court to order a person convicted of any such offence to take or pay for remedial action in appropriate circumstances;

d

provide for the execution and enforcement of restrictions and requirements imposed by or under the regulations;

e

provide for appeals from and reviews of decisions taken under the regulations;

f

permit or prohibit the levy of charges;

g

permit or require the payment of incentive payments, compensation and expenses;

h

provide for the resolution of disputes.

3

Health protection regulations may, for the purposes of giving effect to an international agreement or arrangement, amend any statutory provision.

4

Health protection regulations may not confer functions on officers of Revenue and Customs unless the regulations are made with the consent of the Commissioners for Her Majesty's Revenue and Customs.

5

Health protection regulations may not create an offence triable on indictment or punishable with imprisonment.

6

Health protection regulations—

a

may not create an offence punishable with a fine exceeding £10,000, and

b

if the regulations provide for a further fine for each day on which the default continues after conviction, may not provide for the daily penalty to exceed an amount equal to 2% of level 5 on the standard scale.

7

If health protection regulations provide for the imposition of a daily penalty in respect of a continuing offence, the court by which a person is convicted of the original offence may fix a reasonable period from the date of conviction for compliance by the defendant with any directions given by the court; and, where the court has fixed such a period, the daily penalty shall not be recoverable in respect of any day before that period expires.

8

Regulations under section 25C must provide for a right of appeal to a court of summary jurisdiction against any decision taken under the regulations by virtue of which a special restriction or requirement is imposed on or in relation to a person, a thing or premises.

9

Regulations under section 25C which enable a special restriction or requirement to be imposed by virtue of a decision taken under the regulations must also provide that, if the restriction or requirement is capable of remaining in force in relation to any person, thing or premises for more than a specified period, a specified person may require the continuation of the restriction or requirement to be reviewed in accordance with the regulations at specified intervals by a person determined in accordance with the regulations.

10

In relation to a special restriction or requirement mentioned in section 25C(6)(c) or (d)—

a

the period specified by virtue of subsection (9) and the intervals specified by virtue of that subsection must be 28 days or less, and

b

the regulations must require the continuation of the restriction or requirement to be reviewed without an application being made.

Orders that may be made by a magistrates' court

25GPower to order health measures in relation to persons

1

A magistrates' court may make an order under this subsection in relation to a person (“P”) if the court is satisfied that—

a

P is or may be infected or contaminated,

b

the infection or contamination is one which presents or could present significant harm to human health,

c

there is a risk that P might infect or contaminate others, and

d

it is necessary to make the order in order to remove or reduce that risk.

2

An order under subsection (1) may impose on or in relation to P one or more of the following restrictions or requirements—

a

that P submit to medical examination;

b

that P be removed to a hospital or other suitable establishment;

c

that P be detained in a hospital or other suitable establishment;

d

that P be kept in isolation or quarantine;

e

that P be disinfected or decontaminated;

f

that P wear protective clothing;

g

that P provide information or answer questions about P's health or other circumstances;

h

that P's health be monitored and the results reported;

i

that P attend training or advice sessions on how to reduce the risk of infecting or contaminating others;

j

that P be subject to restrictions on where P goes or with whom P has contact;

k

that P abstain from working or trading.

3

A magistrates' court may make an order under this subsection in relation to a person (“P”) if the court is satisfied that—

a

P is or may be infected or contaminated,

b

the infection or contamination is one which presents or could present significant harm to human health,

c

there is a risk that a related party might infect or contaminate others, and

d

it is necessary to make the order in order to remove or reduce that risk.

4

An order under subsection (3) may impose on or in relation to P a requirement that P provide information or answer questions about P's health or other circumstances (including, in particular, information or questions about the identity of a related party).

5

“Related party” means—

a

a person who has or may have infected or contaminated P, or

b

a person whom P has or may have infected or contaminated.

6

An order under subsection (1) or (3) may also order a person with parental responsibility (within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) for P to secure that P submits to or complies with the restrictions or requirements imposed by the order.

7

The Department of Health must by regulations make provision about the evidence that must be available to a magistrates' court before the court can be satisfied as mentioned in subsection (1) or (3).

8

Any reference in this section to a person who is infected or contaminated includes a reference to a person who carries the source of an infection or contamination, and any reference to infecting or contaminating others includes a reference to passing that source to others.

25HPower to order health measures in relation to things

1

A magistrates' court may make an order under this subsection in relation to a thing if the court is satisfied that—

a

the thing is or may be infected or contaminated,

b

the infection or contamination is one which presents or could present significant harm to human health,

c

there is a risk that the thing might infect or contaminate humans, and

d

it is necessary to make the order in order to remove or reduce that risk.

2

An order under subsection (1) may impose in relation to the thing one or more of the following restrictions or requirements—

a

that the thing be seized or retained;

b

that the thing be kept in isolation or quarantine;

c

that the thing be disinfected or decontaminated;

d

in the case of a dead body, that the body be buried or cremated;

e

in any other case, that the thing be destroyed or disposed of.

3

A magistrates' court may make an order under this subsection in relation to a thing if the court is satisfied that—

a

the thing is or may be infected or contaminated,

b

the infection or contamination is one which presents or could present significant harm to human health,

c

there is a risk that a related person or related thing might infect or contaminate humans, and

d

it is necessary to make the order in order to remove or reduce that risk.

4

An order under subsection (3) may require—

a

the owner of the thing, or

b

any person who has or has had custody or control of the thing,

to provide information or answer questions about the thing (including, in particular, information or questions about where the thing has been or about the identity of any related person or the whereabouts of any related thing).

5

“Related person” means—

a

a person who has or may have infected or contaminated the thing mentioned in subsection (3)(a), or

b

a person whom the thing has or may have infected or contaminated.

6

“Related thing” means—

a

a thing which has or may have infected or contaminated the thing mentioned in subsection (3)(a), or

b

a thing which the thing mentioned in subsection (3)(a) has or may have infected or contaminated.

7

The Department of Health may by regulations make provision about the evidence that must be available to a magistrates' court before the court can be satisfied as mentioned in subsection (1) or (3).

8

In this section—

a

any reference to being infected or contaminated includes a reference to carrying the source of an infection or contamination, and

b

any reference to infecting or contaminating humans, or a person or thing, includes a reference to passing the source of an infection or contamination to humans, or to the person or thing.

25IPower to order health measures in relation to premises

1

A magistrates' court may make an order under this subsection in relation to premises if the court is satisfied that—

a

the premises are or may be infected or contaminated,

b

the infection or contamination is one which presents or could present significant harm to human health,

c

there is a risk that the premises might infect or contaminate humans, and

d

it is necessary to make the order in order to remove or reduce that risk.

2

An order under subsection (1) may impose in relation to the premises one or more of the following restrictions or requirements—

a

that the premises be closed;

b

that, in the case of a conveyance or movable structure, the conveyance or structure be detained;

c

that the premises be disinfected or decontaminated;

d

that, in the case of a building, conveyance or structure, the premises be destroyed.

3

A magistrates' court may make an order under this subsection in relation to premises if the court is satisfied that—

a

the premises are or may be infected or contaminated or are or may be a place where infection or contamination was spread between persons or things,

b

the infection or contamination is one which presents or could present significant harm to human health,

c

there is a risk that a related person or related thing might infect or contaminate humans, and

d

it is necessary to make the order in order to remove or reduce that risk.

4

An order under subsection (3) may require the owner or any occupier of the premises to provide information or answer questions about the premises (including, in particular, information about the identity of any related person or the whereabouts of any related thing).

5

“Related person” means—

a

a person who has or may have infected or contaminated the premises,

b

a person who has or may have infected or contaminated a person who or thing which is or has been on the premises,

c

a person whom the premises have or may have infected or contaminated, or

d

a person who has or may have been infected or contaminated by a person who or thing which is or has been on the premises.

6

“Related thing” means—

a

a thing which has or may have infected or contaminated the premises,

b

a thing which has or may have infected or contaminated a person who or thing which is or has been on the premises,

c

a thing which the premises have or may have infected or contaminated, or

d

a thing which has or may have been infected or contaminated by a person who or thing which is or has been on the premises.

7

The Department of Health may by regulations make provision about the evidence that must be available to a magistrates' court before the court can be satisfied as mentioned in subsection (1) or (3).

8

In this section—

a

any reference to being infected or contaminated includes a reference to carrying the source of an infection or contamination, and

b

any reference to infecting or contaminating humans, or a person, a thing or premises, includes a reference to passing the source of an infection or contamination to humans, or to the person, thing or premises.

25JOrders in respect of groups

1

The powers in sections 25G, 25H and 25I include power to make an order in relation to a group of persons, things or premises.

2

For those purposes, those sections have effect as follows.

3

In section 25G—

a

in subsections (1)(a) and (c) and (3)(a), the reference to P is a reference to each person in the group, and

b

in subsections (2) and (4), any reference to P is a reference to any one or more of the persons in the group.

4

In section 25H—

a

in subsections (1)(a) and (c) and (3)(a), the reference to the thing is a reference to each thing in the group, and

b

in subsections (2) and (4) any reference to the thing is a reference to any one or more of the things in the group.

5

In section 25I—

a

in subsections (1)(a) and (c) and (3)(a), the reference to the premises is a reference to each set of premises in the group, and

b

in subsections (2) and (4), any reference to the premises is a reference to any one or more of the sets of premises in the group.

25KPart 1A orders: supplementary

1

This section makes further provision about orders under sections 25G, 25H and 25I (referred to in this Part as “Part 1A orders”).

2

A Part 1A order may include, in addition to the restrictions or requirements mentioned in the provision under which it is made, such other restrictions or requirements as the court considers necessary for the purpose of reducing or removing the risk in question.

3

A restriction or requirement contained in a Part 1A order may be expressed to take effect subject to conditions specified in the order.

4

Two or more Part 1A orders may be combined in a single order.

5

A Part 1A order may contain such directions as the court considers appropriate to give effect to it.

6

In particular (and without limiting the effect of subsection (5)), if the court is satisfied as mentioned in subsection (7) of section 25R, a Part 1A order may authorise a person to do anything which may be authorised by warrant under subsection (5) of that section.

7

If a Part 1A order provides as mentioned in subsection (6), section 25S(1) to (3) (supplementary powers on entry) have effect as if—

a

the order were a warrant issued under section 25R, and

b

the person authorised by the order were an authorised officer.

8

A Part 1A order may order the payment of compensation or expenses in connection with the taking of measures pursuant to the order.

9

A Part 1A order is authority for those persons to whom it is addressed to do such things as may be necessary to give effect to it.

25LPeriod for which a Part 1A order may be in force

1

A Part 1A order must specify the period for which any restriction or requirement imposed by or under the order is to remain in force.

2

That period may be extended by further order of a magistrates' court.

3

In relation to restrictions or requirements mentioned in section 25G(2)(c) or (d) (detention in hospital, or period of isolation or quarantine), neither—

a

the period specified under subsection (1), nor

b

the period of any extension under subsection (2),

may exceed 28 days.

4

The Department of Health may by regulations prescribe a shorter period for the purposes of subsection (3).

5

The Department of Health may by regulations prescribe, in relation to any other restrictions or requirements—

a

the maximum period which may be specified under subsection (1), and

b

the maximum period of any extension under subsection (2).

25MProcedure for making, varying and revoking Part 1A orders

1

The power of a magistrates' court to make a Part 1A order is exercisable on the application of the Regional Agency by notice under Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

2

The Department of Health must by regulations require the Regional Agency to give notice to such persons as may be prescribed of the making of an application for a Part 1A order; but this is subject to subsection (3).

3

If a magistrates' court considers it necessary to do so, the court may make a Part 1A order without a person having been given such notice as is otherwise required to be given to that person under magistrates' court rules or regulations under subsection (2).

4

The Department of Health may by regulations make other provision for the procedure on an application for a Part 1A order (including provision modifying the Magistrates' Courts (Northern Ireland) Order 1981 and magistrates' courts rules).

5

A Part 1A order may be varied or revoked by a magistrates' court on the application of—

a

an affected person,

b

the Regional Agency, or

c

any other authority with the function of executing or enforcing the order in question.

6

In the case of an order under section 25G(1) or (3), the following persons are affected persons—

a

P,

b

a person with parental responsibility (within the meaning of the Children (Northern Ireland) Order 1995) for P,

c

P's husband, wife or civil partner,

d

a person living with P as if they were spouses of each other, and

e

such other persons as may be prescribed.

7

In the case of an order under section 25H(1), the following persons are affected persons—

a

the owner of the thing,

b

any person with custody or control of the thing, and

c

such other persons as may be prescribed.

8

In the case of an order under section 25I(1), the following persons are affected persons—

a

the owner of the premises,

b

any occupier of the premises, and

c

such other persons as may be prescribed.

9

In the case of an order under section 25H(3) or 25I(3), the person required to provide information or answer questions and such other persons as may be prescribed are affected persons.

10

Variation or revocation of a Part 1A order does not invalidate anything done under the order prior to the variation or revocation.

25NPower to make further provision by regulations

1

The Department of Health may by regulations make provision about the taking of measures pursuant to Part 1A orders.

2

The regulations may in particular make provision about—

a

the type of investigation which may be carried out as part of a medical examination;

b

the manner in which measures are to be taken;

c

who is to be responsible for executing and enforcing measures;

d

who is to be liable for the costs of measures;

e

the payment of compensation or expenses in connection with the taking of measures.

3

But the regulations may not confer functions on officers of Revenue and Customs to execute or enforce Part 1A orders unless the regulations are made with the consent of the Commissioners for Her Majesty's Revenue and Customs.

25OEnforcement of Part 1A orders

1

A person commits an offence if the person—

a

fails without reasonable excuse to comply with a restriction or requirement imposed by or under a Part 1A order, or

b

wilfully obstructs anyone acting in the execution of a Part 1A order.

2

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

3

If—

a

a person is convicted of an offence under subsection (1), and

b

the court by which the person is convicted is satisfied that the failure or wilful obstruction constituting the offence has caused premises or things to become infected or contaminated or otherwise damaged them in a material way,

the court may, if it considers it appropriate to do so, order the person to take or pay for such remedial action as may be specified in the order.

4

Subsection (5) applies if—

a

a Part 1A order imposes a requirement that a person be detained or kept in isolation or quarantine in a place, and

b

the person leaves that place contrary to the requirement.

5

A constable may take the person into custody and return the person to that place.

6

But a person may not be taken into custody under subsection (5) after expiry of the period for which the requirement is in force.

Regulations under Part 1A: general

25PAssembly control

1

Regulations under this Part are subject to negative resolution; but this does not apply to—

a

regulations to which subsection (2) applies;

b

regulations contained in a statutory rule by virtue of subsection (6) or section 25Q(8) (composite instruments).

2

Regulations to which this subsection applies (as to which, see subsections (4) and (5)) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

3

Subsection (2) is subject to section 25Q (emergency procedure).

4

Subsection (2) applies to—

a

regulations under section 25C (but see subsection (5)),

b

regulations which amend a statutory provision pursuant to section 25F(3),

c

the first regulations to be made under section 25G(7),

d

the first regulations to be made under section 25L(5), or

e

the first regulations to be made under section 25N.

5

Subsection (2) does not apply to regulations under section 25C if the regulations contain a declaration that the Department is of the opinion that the regulations do not include any provision made by virtue of section 25C(3)(c) which imposes or enables the imposition of—

a

a special restriction or requirement, or

b

any other restriction or requirement which has or would have a significant effect on a person's rights.

6

A statutory rule that (in accordance with subsection (2)) is laid before, and approved by a resolution of, the Assembly may contain regulations that would, but for subsection (1)(b) and this subsection, be subject to negative resolution.

25QEmergency procedure

1

This section applies to regulations to which subsection (2) of section 25P applies.

2

The regulations may be made without a draft having been laid and approved as mentioned in subsection (2) of that section if the regulations contain a declaration that the Department is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

3

After regulations are made in accordance with subsection (2), they must be laid before the Assembly.

4

Regulations made in accordance with subsection (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by a resolution of the Assembly.

5

But if on any day during that period, on proceedings on a motion that (or to the effect that) the regulations be so approved, the Assembly comes to a decision rejecting the regulations, they cease to have effect at the end of that day instead.

6

In reckoning any such period of 28 days, no account is to be taken of any time during which the Assembly is dissolved or is in recess for more than 4 days.

7

Subsections (4) and (5) do not—

a

affect anything done in reliance on the regulations before they ceased to have effect, or

b

prevent the making of new regulations.

8

A statutory rule that is made in accordance with subsection (2) may contain regulations that would, but for section 25P(1)(b) and this subsection, be subject to negative resolution.

General

25RPowers of entry

1

An authorised officer has the right (subject to subsections (2) to (4)) to enter any premises at all reasonable hours for any or all of the following purposes—

a

ascertaining whether there is, or has been, on, or in connection with, the premises any contravention of a provision of this Part, of regulations made under this Part, or of a Part 1A order;

b

ascertaining whether or not circumstances exist which would authorise or require the Regional Agency to take any action, or execute any work, under such a provision or such regulations, or in relation to such an order;

c

taking any action, or executing any work, authorised or required by such a provision or such regulations, or in relation to such an order, to be taken, or executed, by the Regional Agency;

d

generally, for the purpose of the performance by the Regional Agency of its functions under such a provision or such regulations, or in relation to such an order.

2

The right may be exercised only on producing, if so required, a duly authenticated document showing the officer's authority.

3

Admission to premises is not to be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.

4

Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling (but this does not affect the power of a magistrates' court under subsection (5) to issue a warrant authorising entry to a private dwelling or to any part of premises used as a private dwelling).

5

If it is shown to the satisfaction of a magistrates' court on sworn information in writing that the first and second conditions (set out in subsections (6) and (7)) are met in relation to any premises, the court may by signed warrant authorise the Regional Agency, by any authorised officer, to enter the premises, if need be by force.

6

The first condition is that there is reasonable ground for entry into the premises for any such purpose as is mentioned in subsection (1).

7

The second condition is that any of the following is the case—

a

admission to any premises has been refused;

b

if admission to the premises is requested, it will be or is likely to be refused;

c

a request for admission would defeat the object of the entry;

d

the occupier is temporarily absent;

e

the premises are unoccupied; or

f

the case is one of urgency.

8

If the case falls within subsection (7)(a) to (d), a warrant must not be issued unless the court is also satisfied—

a

that notice of the intention to apply for a warrant has been given to the occupier, or

b

that the giving of such notice would defeat the object of the entry.

25SSupplementary provisions as to entry

1

An authorised officer (“the officer”) entering any premises by virtue of section 25R, or of a warrant issued under that section, may be accompanied by such other persons and such equipment and materials as may be necessary.

2

On leaving any unoccupied premises which the officer has entered by virtue of such a warrant, the officer must leave them as effectively secured against trespassers as the officer found them.

3

The officer may for the purpose for which entry is authorised—

a

search the premises,

b

carry out measurements and tests of the premises or of anything found on them,

c

take and retain samples of the premises or of anything found on them,

d

inspect and take copies or extracts of any documents or records found on the premises,

e

require information stored in an electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form, and

f

seize and detain or remove anything which the officer reasonably believes to be evidence of any contravention relevant to the purpose for which entry is authorised.

4

Every warrant issued under section 25R continues in force until the purpose for which the entry is necessary has been satisfied.

5

Nothing in section 25R or this section limits the other provisions of this Part, or of regulations made under it, with respect to entry into or upon, and inspection of, any premises.

25TOffence of obstruction

1

A person who wilfully obstructs any person acting in the execution of a right under sections 25R and 25S, or of a warrant under section 25R, is guilty of an offence.

2

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

General

25UApplication to territorial sea

The provisions of this Part have effect in relation to the territorial sea adjacent to Northern Ireland.

25VForm of notices

The Department of Health may by regulations prescribe the form of any notice or other document to be used for the purposes of this Part.

25WOther provision as to offences

1

In its application to offences created by or under this Part, section 20(2) of the Interpretation Act (Northern Ireland) 1954 has effect with the omission of the words “the liability of whose members is limited”.

2

A court of summary jurisdiction may hear and determine a complaint charging an offence created by or under this Part if the complaint is made both—

a

before the end of the period of 3 years beginning with the date of the commission of the offence, and

b

before the end of the period of 6 months beginning with the date on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to the prosecutor's knowledge;

and this applies in place of Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981.

3

For the purposes of subsection (2)(b)—

a

a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the prosecutor's knowledge is conclusive evidence of that fact, and

b

a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.

25XCrown property

1

This section applies to any house, building or other premises being property belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a government department, or held in trust for Her Majesty for purposes of a government department.

2

In relation to any such property, the appropriate authority may agree with the Regional Agency that any provision of this Part specified in the agreement shall apply to the property; and, while the agreement is in force, that provision shall apply to that property accordingly, subject to the terms of the agreement.

3

Any such agreement may contain such consequential and incidental provisions as appear to the appropriate authority to be necessary or equitable.

4

In this section, “the appropriate authority” means—

a

in the case of property belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the property;

b

in the case of property belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

c

in the case of property belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints; and

d

in the case of property belonging to a government department or held in trust for Her Majesty for purposes of a government department, that department.

5

In this section, “premises” does not include any vessel—

a

belonging to Her Majesty, or

b

under the command or charge of an officer holding Her Majesty's commission.

25YPart 1A: further definitions

1

This Part is to be read in accordance with this section.

2

“Authorised officer” includes any person authorised by the Regional Agency to exercise functions conferred on it by or under this Part (whether or not the person is an officer of the Agency).

3

“Medical examination” includes microbiological and toxicological tests.

4

References to the giving of notice are to notice in writing.

5

“Special restriction or requirement” has the meaning given by section 25C(6).

6

“Statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

7

“Thing” includes—

a

human tissue,

b

a dead body or human remains,

c

animals, and

d

plant material.

8

Any reference to amending a statutory provision includes a reference to repealing, revoking or modifying the application of a statutory provision, and “amendment” is to be read accordingly.

9

Any reference to giving effect to an international agreement or arrangement includes a reference to giving effect to a recommendation issued under such an agreement or arrangement.

F121SCHEDULE 19Health protection regulations: Scotland

Section 49

Annotations:
Amendments (Textual)
F121

Sch. 19 expires (25.9.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F121Health protection regulations

F1211

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121Restrictions on power to make regulations under paragraph 1

F1212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121Medical treatment

F1213

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121Special restrictions and requirements

F1214

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121Health protection regulations: supplementary

F1215

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121Health protection regulations: procedure

F1216

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102SCHEDULE 20Power to suspend port operations

Section 50

Annotations:
Amendments (Textual)
F102

Sch. 20 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F102Power to give direction to suspend relevant port operations

F1021

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102Duration of suspension period

F1022

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102Power to give consequential direction

F1023

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102Supplementary provisions

F1024

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1025

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102Offences

F1026

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102Interpretation

F1027

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1028

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32SCHEDULE 21Powers relating to potentially infectious persons

Section 51

Annotations:
Amendments (Textual)
F32

Sch. 21 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F32PART 1Overview and interpretation

F32Overview

F321

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Potentially infectious persons

F322

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Other definitions

F323

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32PART 2Powers relating to potentially infectious persons in England

F32Declarations of risks of coronavirus in England

F324

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F325

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers to direct or remove persons to a place suitable for screening and assessment

F326

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F327

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers exercisable at a screening and assessment place: public health officers

F328

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F329

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3210

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3211

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers exercisable at a screening and assessment place: constables and immigration officers

F3213

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers exercisable after assessment

F3214

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3215

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3216

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3217

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Children

F3218

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Formalities

F3219

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Ancillary powers

F3220

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Guidance and advice

F3221

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32End of transmission control period

F3222

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Offences

F3223

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Revocation of regulations

F3224

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32PART 3Powers relating to potentially infectious persons in Scotland

F32Declarations of risks of coronavirus in Scotland

F3225

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3226

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers to direct or remove persons to a place suitable for screening and assessment

F3227

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3228

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers exercisable at a screening and assessment place: public health officers

F3229

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3230

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3231

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3232

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3233

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers exercisable at a screening and assessment place: constables and immigration officers

F3234

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers exercisable after assessment

F3235

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3236

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3237

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3238

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3239

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Children

F3240

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Formalities

F3241

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Ancillary powers

F3242

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Guidance and advice

F3243

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32End of transmission control period

F3244

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Offences

F3245

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Modifications of Public Health etc. (Scotland) Act 2008

F3246

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Constables

F3247

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32PART 4Powers relating to potentially infectious persons in Wales

F32Declarations of risks of coronavirus in Wales

F3248

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3249

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers to direct or remove persons to a place suitable for screening and assessment

F3250

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3251

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers exercisable at a screening and assessment place: public health officers

F3252

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3253

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3254

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3255

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3256

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers exercisable at a screening and assessment place: constables and immigration officers

F3257

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers exercisable after assessment

F3258

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3259

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3260

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3261

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Children

F3262

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Formalities

F3263

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Ancillary powers

F3264

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Guidance and advice

F3265

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32End of transmission control period

F3266

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Offences

F3267

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Revocation of regulations

F3268

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32PART 5Powers relating to potentially infectious persons in Northern Ireland

F32Declarations of risks of coronavirus in Northern Ireland

F3269

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3270

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers to direct or remove persons to a place suitable for screening and assessment

F3271

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3272

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers exercisable at a screening and assessment place: public health officers

F3273

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3274

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3275

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3276

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3277

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers exercisable at a screening and assessment place: constables and immigration officers

F3278

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Powers exercisable after assessment

F3279

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3280

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3281

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3282

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Children

F3283

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Formalities

F3284

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Ancillary powers

F3285

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Guidance and advice

F3286

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32End of transmission control period

F3287

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Offences

F3288

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32Supplementary interpretation

F3289

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 22Powers to issue directions relating to events, gatherings and premises

Section 52

F86PART 1General

Annotations:
Amendments (Textual)
F86

Sch. 22 Pt. 1 expires (25.3.2022(25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F86Interpretation

F861

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86Disapplication to the Parliamentary Estate

F862

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113PART 2Powers relating to events, gatherings and premises in England

Annotations:
Amendments (Textual)
F113

Sch. 22 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F113Declaration of threat to public health in England due to coronavirus

F1133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1134

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113Power to prohibit or otherwise restrict events or gatherings in England

F1135

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113Power to close premises in England or impose restrictions on persons entering or remaining in them

F1136

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113Variations and revocations

F1137

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113Procedure

F1138

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113Offences

F1139

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11310

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113Enforcement and prosecutions

F11311

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113End of public health response period

F11312

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60PART 3Powers relating to events, gatherings and premises in Scotland

Annotations:
Amendments (Textual)

F60Declaration of threat to public health in Scotland due to coronavirus

F6013

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6014

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60Power to prohibit or otherwise restrict events or gatherings in Scotland

F6015

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60Power to close premises in Scotland or impose restrictions on persons entering or remaining in them

F6016

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60Variations and revocations

F6017

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60Procedure

F6018

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60Enforcement

F6019

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60Constables

F6020

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60Offences

F6021

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6022

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60Compensation

F6023

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60End of public health response period

F6024

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60Review

F6025

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96PART 4Powers relating to events, gatherings and premises in Wales

Annotations:
Amendments (Textual)
F96

Sch. 22 Pt. 4 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F96Declaration of threat to public health in Wales due to coronavirus

F9626

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9627

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96Power to prohibit or otherwise restrict events or gatherings in Wales

F9628

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96Power to close premises in Wales or impose restrictions on persons entering or remaining in them

F9629

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96Variations and revocations

F9630

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96Procedure

F9631

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96Offences

F9632

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9633

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96Enforcement and prosecutions

F9634

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96Compensation

F9635

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96End of public health response period

F9636

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14PART 5Powers relating to events, gatherings and premises in Northern Ireland

Annotations:
Amendments (Textual)

F14Declaration of threat to public health in Northern Ireland due to coronavirus

F1437

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1438

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14Power to prohibit or otherwise restrict events or gatherings in Northern Ireland

F1439

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14Power to close premises in Northern Ireland or impose restrictions on persons entering or remaining in them

F1440

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14Variations and revocations

F1441

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14Procedure

F1442

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14Enforcement

F1443

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14Offences

F1444

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1445

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14Compensation

F1446

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14End of public health response period

F1447

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135SCHEDULE 23Live links in criminal proceedings

Section 53

Annotations:
Amendments (Textual)

F135PART 1Expansion of powers under the Criminal Justice Act 2003

F135Introduction

F1351

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135Live links in criminal proceedings

F1352

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135Magistrates' courts permitted to sit at other locations

F1353

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135Requirement to attend at court, holding proceedings in court etc

F1354

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135Warning to jury

F1355

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135Rules of court

F1356

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135Interpretation

F1357

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135Safeguards

F1358

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135PART 2Other modifications

F135Criminal Appeal Act 1968

F1359

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135Criminal Justice Act 1988

F13510

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131SCHEDULE 24Live links in other criminal hearings

Section 54

Annotations:
Amendments (Textual)

F131PART 1Expansion of powers under the Crime and Disorder Act 1998

F131Introduction

F1311

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131Interpretation etc

F1312

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131Expansion of availability of live links at preliminary hearings

F1313

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131Use of live link in sentencing hearings

F1314

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131Use of live link in certain enforcement hearings

F1315

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131Requirement to attend at court, holding proceedings in court etc

F1316

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131Prohibitions and limitations on use of live links

F1317

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131PART 2Expansion of powers under the Extradition Act 2003

F1318

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1319

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131PART 3Other modifications

F131Police and Criminal Evidence Act 1984

F13111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131Prosecution of Offences Act 1985

F13112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131Serious Organised Crime and Police Act 2005

F13113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131Sentencing Code

F13114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F136F17SCHEDULE 25Public participation in proceedings conducted by video or audio

Section 55

Annotations:
Amendments (Textual)
F17

Sch. 25 expires in so far as not already repealed (25.9.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F136F17Criminal, civil and family proceedings

F136F171

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F136F17First-tier Tribunal and Upper Tribunal

F136F172

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79SCHEDULE 26Live links in certain magistrates' court proceedings

Section 56

Annotations:
Amendments (Textual)

F79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 27Use of live links in legal proceedings: Northern Ireland

Section 57

C23C16C8PART 1Powers of courts and tribunals to direct use of live links

Annotations:
Modifications etc. (not altering text)

Proceedings to which this Part of this Schedule applies

1

1

This Part of this Schedule applies to any proceedings in a court or statutory tribunal.

2

In this Part of this Schedule “court” means—

a

the Court of Appeal,

b

the High Court,

c

the Crown Court,

d

a county court, or

e

a magistrates' court.

3

In this Part of this Schedule “statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include—

a

a court, or

b

any tribunal established by or under a statutory provision that could not have been included in an Act of the Northern Ireland Assembly made without the Secretary of State's consent.

4

In this paragraph “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

Effect, and rescission, of directions

3

1

Where in any proceedings a court or tribunal—

a

has given a direction under paragraph 2 in respect of a person, and

b

has not rescinded the direction,

the person may not participate in the proceedings otherwise than through a live link.

2

A court or tribunal may rescind a direction under paragraph 2 if it appears to the court or tribunal to be in the interests of justice to do so.

3

Where it does so, the person concerned ceases to be able to participate in the proceedings through a live link, but this does not prevent a further direction under paragraph 2 being given in the proceedings in respect of the person.

4

A direction under paragraph 2 in respect of a person may be rescinded—

a

of the court or tribunal's own motion,

b

on application by the person, or

c

on application by a party to the proceedings.

5

An application may not be made under sub-paragraph (4)(b) or (c) unless there has been a material change of circumstances since the direction was given.

6

Where a court or tribunal rescinds a direction under paragraph 2, or refuses an application to rescind such a direction, it must—

a

state openly its reasons for rescinding the direction or refusing the application, and

b

if it is a magistrates' court, cause the reasons to be entered in the Order Book.

Meaning of references to participation in proceedings

4

A reference in this Part of this Schedule to participating in any proceedings includes (in particular) participation—

a

as a party to the proceedings,

b

as a witness,

c

as a judge or other member of the court or tribunal,

d

as a member of a jury,

e

as a legal representative acting in the proceedings,

f

as an interpreter or other person appointed by the court or tribunal to assist in the proceedings,

g

as the clerk to the court or tribunal, or

h

as a representative of the press.

Participation by persons outside the United Kingdom

5

1

A direction under paragraph 2 may be given in respect of a person whether the person is in the United Kingdom or elsewhere.

2

A statement made on oath by a person outside the United Kingdom and given in evidence through a live link in accordance with a direction under paragraph 2 is to be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) as having been made in the proceedings in which it is given in evidence.

Interpretation of this Part of this Schedule: general

7

The Interpretation Act (Northern Ireland) 1954 applies for the purposes of the preceding provisions of this Part of this Schedule as if those provisions were contained in an Act of the Northern Ireland Assembly.

C1C11C10PART 2Public participation in proceedings where live links used

Annotations:
Modifications etc. (not altering text)

8

The Judicature (Northern Ireland) Act 1978 has effect as if after section 102 there were inserted—

PART 9AUse of live links in court or tribunal proceedings: public participation & offences of recording etc

102AEnabling the public to see and hear proceedings

1

If proceedings in a court or statutory tribunal are to be conducted wholly as video proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—

a

may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to see and hear the proceedings;

b

may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court or tribunal to keep an audio-visual record of the proceedings.

2

If proceedings in a court or statutory tribunal are to be conducted wholly as audio proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—

a

may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to hear the proceedings;

b

may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court or tribunal to keep an audio record of the proceedings.

3

A direction under this section may relate to the whole, or to part, of the proceedings concerned.

102BOffences of recording or transmission in relation to broadcasting

1

It is an offence for a person to make—

a

an unauthorised recording, or

b

an unauthorised transmission,

of an image or sound which is being broadcast in accordance with a direction under section 102A.

2

It is an offence for a person to make—

a

an unauthorised recording, or

b

an unauthorised transmission,

of an image of, or sound made by, another person while the other person is viewing or listening to a broadcast made in accordance with a direction under section 102A.

3

It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the recording or transmission of the image or sound concerned, the person—

a

was not in designated live-streaming premises, and

b

did not know, and could not reasonably have known, that the image or sound was—

i

being broadcast in accordance with a direction under section 102A (in the case of an offence under subsection (1)), or

ii

an image of, or sound made by, another person while viewing or listening to a broadcast made in accordance with a direction under section 102A (in the case of an offence under subsection (2)).

4

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

5

For the purposes of this section it does not matter whether a person making a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.

6

For the purposes of this section, a recording or transmission is “unauthorised” unless it is—

a

authorised by a direction under section 102A,

b

otherwise authorised (generally or specifically) by the court or tribunal in which the proceedings concerned are conducted, or

c

authorised (generally or specifically) by the Department.

102COffences of recording or transmitting participation through live link

1

It is an offence for a person to make—

a

an unauthorised recording, or

b

an unauthorised transmission,

of an image or sound which is being transmitted through a live video link or transmitted through a live audio link.

2

It is an offence for a person (“P”) to make—

a

an unauthorised recording, or

b

an unauthorised transmission,

of an image of, or sound made by, any person (whether P or another person) while that person is participating in court or tribunal proceedings through a live video link or live audio link.

3

It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the recording or transmission, the person did not know, and could not reasonably have known, that the image or sound concerned—

a

was being transmitted through a live video link or through a live audio link (in the case of an offence under subsection (1)), or

b

was an image of, or sound made by, a person while that person was participating in court or tribunal proceedings through a live video link or live audio link (in the case of an offence under subsection (2)).

4

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

5

For the purposes of this section it does not matter whether a person making a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.

6

For the purposes of this section, a recording or transmission is “unauthorised” unless it is—

a

authorised (generally or specifically) by the court or tribunal in which the proceedings are conducted, or

b

authorised (generally or specifically) by the Department.

102DInterpretation of Part 9A

1

This section applies for the purposes of this Part.

2

The following expressions have the meanings given—

  • “court” means—

    1. a

      the Court of Appeal,

    2. b

      the High Court,

    3. c

      the Crown Court,

    4. d

      a county court, or

    5. e

      a magistrates' court;

  • “court or tribunal proceedings” means any proceedings in any court or statutory tribunal;

  • “the Department”—

    1. a

      in relation to a court, means the Department of Justice, and

    2. b

      in relation to a statutory tribunal, means a Northern Ireland department;

  • “designated live-streaming premises” means premises that are designated by the Department for the purposes of this section as premises provided by the Department for the purpose of enabling members of the public to see and hear, or hear, proceedings that are broadcast in accordance with directions under section 102A;

  • “recording” means a recording on any medium—

    1. a

      of a single image, a moving image or any sound, or

    2. b

      from which a single image, a moving image or any sound may be produced or reproduced;

  • “statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include—

    1. a

      a court, or

    2. b

      any tribunal established by or under a statutory provision that could not have been included in an Act of the Northern Ireland Assembly made without the Secretary of State's consent;

  • “transmission” means any transmission by electronic means of a single image, a moving image or any sound.

3

A “live video link”, in relation to a person (“P”) taking part in proceedings, is a live television link or other arrangement which—

a

enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and

b

enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.

4

Proceedings are conducted wholly as video proceedings if—

a

directions have been given, whether under paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live video link, and

b

all those persons take part in the proceedings in accordance with those directions.

5

A “live audio link”, in relation to a person (“P”) taking part in proceedings, is a live telephone link or other arrangement which—

a

enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and

b

enables all other persons taking part in the proceedings who are not in the same location as P to hear P.

6

Proceedings are conducted wholly as audio proceedings if—

a

directions have been given, whether under paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live audio link, and

b

all those persons take part in the proceedings in accordance with those directions.

7

An image or sound—

a

is transmitted through a live video link if it is transmitted as part of a person's participation in court or tribunal proceedings through a live video link;

b

is transmitted through a live audio link if it is transmitted as part of a person's participation in court or tribunal proceedings through a live audio link.

8

The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of subsections (3) and (5).

F80PART 3Availability of live links in certain magistrates' court proceedings in Northern Ireland

Annotations:
Amendments (Textual)
F80

Sch. 27 Pt. 3 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F809

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34SCHEDULE 28Transportation, storage and disposal of dead bodies etc

Section 58

Annotations:
Amendments (Textual)
F34

Sch. 28 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F34PART 1Information about capacity

F341

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F342

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F343

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34PART 2Directions and other measures to address lack of capacity

F34Designation where there is insufficient capacity to deal with dead bodies etc

F344

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34Directions to do things calculated to facilitate dealing with dead bodies etc

F345

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34Power of ministers etc to step in

F346

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34Appropriate national authority directions to prevail

F347

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34Compensation where directions given

F348

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34Guidance

F349

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34General provisions about directions and schemes

F3410

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34Procedure

F3411

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34PART 3Power to direct local authorities etc

F3412

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34PART 4Deceased's wishes etc

F3413

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34PART 5Interpretation

F3414

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11SCHEDULE 29Residential tenancies in England and Wales: protection from eviction

Section 81

Annotations:
Amendments (Textual)
F11

Sch. 29 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F11Interpretation

F111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11Rent Act 1977: protected tenancies and statutory tenancies

F112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11Secure tenancies

F113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11Flexible tenancies

F115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11Assured tenancies

F116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11Assured shorthold tenancies

F117

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11Introductory tenancies

F118

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11Demoted tenancies

F119

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11Consequential modifications in relation to prescribed forms

F1110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11Power to alter three month notice periods

F1113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11Regulations under this Schedule

F1114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .