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Coronavirus Act 2020

Contents

Section 48 and Schedule 18: Powers to act for the protection of public health: Northern Ireland

  1. This Schedule inserts various provisions as Part 1A into the Public Health Act (Northern Ireland) 1967. It provides a power for the Department of Health in Northern Ireland to make regulations to allow for measures to be introduced to help delay or prevent further transmission of COVID-19, which presents or could present significant harm to human health.
  2. The Schedule provides powers that enable the Department of Health in Northern Ireland to make regulations for preventing danger to public health from conveyances (or the persons or articles on those conveyances) arriving at any place or for preventing the spread of COVID-19 by conveyances leaving any place. It also provides a power for regulations to give effect to international agreements or arrangements, for example World Health Organisation recommendations. There is also a power to make regulations to prevent, protect against, control or provide a public health response to the incidence or spread of COVID-19 in Northern Ireland.
  3. Compulsory medical treatment, including vaccination, is excluded from the ambit of the regulation-making powers.
  4. Powers are also given to magistrates’ courts to order health measures in relation to people, things and premises. Provision is made in relation to the evidence the Department of Health must make available to the court.
  5. Only the Public Health Agency may apply for an order but an affected person, in addition to the Public Health Agency or any other authority with the function of executing or enforcing the order in question, can apply for the order to be varied or revoked.
  6. It is an offence to fail to comply, without reasonable excuse, with a restriction or requirement imposed by or under an order of a magistrates’ court or to wilfully obstruct anyone executing the order.
  7. The Assembly procedures for making regulations under this Part in different circumstances are set out. Regulations of a kind to which draft affirmative procedure would normally apply may be made and brought into effect immediately if they contain a declaration that the Department of Health in Northern Ireland is of the opinion that it is necessary by reason of urgency for them to be made without a draft being approved under that procedure.
  8. There are powers of entry for a person authorised by the Public Health Agency to carry out functions and it is an offence to willfully obstruct an authorised officer in execution of such powers.
  9. Offences are also created for bodies corporate. There is a special extended time limit of up to 3 years for prosecutions for these new offences when certain conditions are met.
  10. The territorial extent and application of the section and the Schedule is Northern Ireland only.

Section 49 and Schedule 19: Health Protection Regulations: Scotland

  1. The section and the Schedule provide the Scottish Ministers with a regulation-making power for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination of COVID-19 in Scotland. The threat can come from within or outside of Scotland.
  2. Paragraph 1(3) of the Schedule gives examples of particular provisions which might be made. For example, the regulations could impose 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. This includes ‘special requirements’, which are defined at paragraph 4 and include (amongst other things) requiring a person to submit to medical examination, be removed to or detained in a hospital or other suitable establishment and be kept in isolation or quarantine. Special requirements also include requirements relating to seizure and disinfection of things and the closing and disinfecting of premises.
  3. The following measures are not regarded as special restrictions or requirements: a requirement to keep a child away from school; a restriction on the holding of an event; or a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains.
  4. Paragraphs 2 and 3 restrict how the power under paragraph 1 can be used. Paragraph 2 puts in place restrictions to ensure that any restrictions or requirements authorised by the regulations are used proportionately. In particular, paragraph 2(3) prohibits regulations from enabling the imposition of a special restriction or requirement unless certain conditions are met. Those conditions are: that there is a serious and imminent threat to public health when the regulations are made; or the decision to impose the restrictions or requirements is expressed in the regulations to be contingent on there being such a threat at the time the decision to impose them is made. Paragraph 3 makes clear that the regulations cannot be used to make a person undergo medical treatment (including vaccination).
  5. Paragraph 5 makes further provision about the regulations. For example, it provides that the regulations can create offences and can provide for appeals and reviews of decisions taken under the regulations. It also sets out the maximum penalties which can be imposed if offences are created. Paragraphs 5(5) and 5(6) also set out particular requirements in relation to appeals and reviews of a decision which imposes a special restriction or requirement.
  6. Paragraph 6 provides that the procedure for regulations made under paragraph 1 is the affirmative procedure, unless the Scottish Ministers consider that the regulations need to be made urgently. If they do, an emergency procedure applies. This is necessary to ensure that the Scottish Ministers can make regulations quickly in response to a COVID-19 outbreak.
  7. The territorial extent and application of the section and the Schedule is Scotland only.

Section 50 and Schedule 20: Power to suspend port operations

  1. This section makes provision for the conferral of powers on the Secretary of State in relation to the suspension of port operation. The Schedule sets out the detail of the provisions.
  2. Paragraph 1 of the Schedule provides for the Secretary of State to give a written direction to a person concerned in the management of a port arrival (an airport, seaport or international rail terminal) in the UK which requires them to suspend such operations that are specified in the direction. There is a high threshold for the use of the power. Paragraph 1(2) establishes the conditions which must exist before the Secretary of State may give a direction, namely that: the Secretary of State must consider that there is real and significant risk that, due to the incidence or transmission of COVID-19; there are, or will be insufficient Border Force resources available to maintain adequate border security; and, before making a direction, the Secretary of State must have taken all reasonably practicable measures to mitigate the risk. Paragraph 1(3) sets out the details which must be specified in any direction, namely the operator, the specific port operations which are to be suspended, the time at which the direction comes into effect and the duration of the suspension period and any incidental arrangements.
  3. Paragraph 2 makes provision for the duration of the suspension such that the initial suspension period may last for no longer than six hours and may be extended by notice for a further six hours, subject to the conditions in paragraph 1(2) continuing to be met. Thereafter, the suspension period may be extended for further periods of up to 12 hours on each occasion subject to the same conditions.
  4. Paragraph 3 provides that, where a direction has been issued under paragraph 1, the Secretary of State may also issue a consequential written direction to other specified parties to make arrangements, or take steps, which are appropriate in connection with the primary direction. For example, where an airport operator had been directed to suspend operations necessary to process arriving passengers and their baggage, a consequential direction may be issued to NATS, as an air navigation service provider, to require that arriving flights are diverted to an alternative port of arrival.
  5. Paragraph 3 also establishes the details which must be specified in a direction and provides examples of the types of things that may be included, such as a period of time for which the direction is to remain in effect.
  6. Paragraph 4 requires the Secretary of State to notify the relevant Ministers in the Devolved Administrations when a direction or notice is issued.
  7. Paragraph 5 gives the Secretary of State a power to revoke a direction or notice. This ensures that, in the event that the risk to border security reduces to the extent that it is no longer necessary for port operations to remain suspended, any direction or notice may be cancelled before it expires.
  8. Paragraph 6 makes provision for an offence for failing to comply with a direction under this section without reasonable excuse and sets the level of penalties where a person is guilty of an offence under this paragraph.
  9. The territorial extent and application of this section and Schedule is England and Wales, Scotland and Northern Ireland.

Section 51 and Schedule 21: Powers relating to potentially infectious persons

  1. The section and Schedule confer certain powers on public health officers, constables and immigration officers for the purposes of protecting the public from the health risks associated with the COVID-19.
  2. The provisions apply in relation to England, Scotland, Wales and Northern Ireland, respectively, where the relevant authority for that territory is of the view that there is a serious and imminent threat to public health due to the incidence or transmission of the COVID-19, and that the exercise of the powers will be an effective means of delaying or preventing significant further transmission of the virus; and has made a declaration to that effect. The relevant authorities are: for England, the Secretary of State; for Scotland, the Scottish Ministers; for Wales, the Welsh Ministers; and for Northern Ireland, the Department of Health in Northern Ireland.
  3. The provisions confer powers on public health officers to require persons to go to suitable place to undergo screening and assessment where they reasonably suspect the person has or may have COVID-19, or has been in an infected area within the 14 days preceding that time. Such persons are referred to in the provisions as ‘potentially infectious’ persons. There are additional powers for public health officers to impose other appropriate restrictions and requirements upon potentially infectious persons where they are necessary and proportionate, such as a requirement to remain in isolation, restrictions on travel, activities and contact with other people. The provisions also confer powers on public health officers and constables to enforce the restrictions and requirements imposed under the Schedule.
  4. The Schedule also confers certain powers on immigration officers and constables in relation to persons whom they have reasonable grounds to suspect as being potentially infectious. An immigration officer or a constable may direct such a person to go to a place suitable for screening and assessment, or may remove a person to such a place to undergo screening and assessment, or to keep that person there for a time-limited period to be handed over to a public health officer for the same purpose. In exercising their powers under these provisions, immigration officers and constables are obliged to consult a public health officer, so far as practicable to do so.
  5. This section revokes the Health Protection (Coronavirus) Regulations 2020.
  6. The territorial extent of the section and Schedule is England and Wales, Scotland and Northern Ireland. The application of Part 1 of the Schedule is England and Wales, Scotland and Northern Ireland. The application of Part 2 of the Schedule is England only. The application of Part 3 of the Schedule is Scotland only. The application of Part 4 of the Schedule is Wales only. The application of Part 5 of the Schedule is Northern Ireland only.

Section 52 and Schedule 22: Powers to issue directions relating to events, gatherings and premises

  1. The section and Schedule enable the Secretary of State, the Scottish Ministers, the Welsh Ministers and Executive Office in Northern Ireland to restrict or prohibit gatherings or events and to close and restrict access to premises during a public health response period (which is determined by Ministers based on criteria defined in the Schedule).
  2. The Secretary of State, the Scottish Ministers, the Welsh Ministers and the Executive Office in Northern Ireland should respectively consult: the Chief Medical Officer or a Deputy Chief Medical Officer; the Chief Medical Officer of the Scottish Administration; the Chief Medical Officer or one of the Deputy Chief Medical Officers for Wales; and the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health in Northern Ireland before making a declaration that starts a public health response period (or revoking any such declaration).
  3. Part 2 of the Schedule makes provision for England. The rest of the Schedule makes similar provisions for Scotland, Wales and Northern Ireland.
  4. The power to restrict or prohibit gatherings or events may be directed towards the owner or occupier of the premises or anyone involved in holding such an event or gathering. The power to close or restrict access to premises may be directed towards the owner or occupier of the premises, or anyone involved in managing access to and within the premises.
  5. The Schedule provides that the Secretary of State, the Scottish Ministers, the Welsh Ministers and the Executive Office in Northern Ireland should respectively have regard to: the advice of the Chief Medical Officer or one of the Deputy Chief Medical Officers; the Chief Medical Officer of the Scottish Administration; the Chief Medical Officer or one of the Deputy Chief Medical Officers for Wales; and the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health in Northern Ireland, before issuing a direction under this power. The Executive Office in Northern Ireland is also required to consult with one of the specified persons before issuing a direction.
  6. The territorial extent and application of the section and the Schedule is England and Wales, Scotland and Northern Ireland. Part 2 of the Schedule applies in England only, Part 3 of the Schedule applies in Scotland only, Part 4 of the Schedule applies in Wales only, and Part 5 of the Schedule applies in Northern Ireland only.

Section 53 and Schedule 23: Expansion of availability of live links in criminal proceedings

  1. This Schedule amends the Criminal Justice Act 2003 (the "CJA 2003") in order to extend the circumstances in which a criminal court can use audio and live links during hearings.
  2. It expands the courts’ powers to use technology across a wider range of hearings, and participants. The court may direct that a person (but not a jury member) take part in eligible criminal proceedings through the use of a live audio link or a live video link. The court must be satisfied that a live link direction is in the interests of justice before making one. By way of an additional safeguard, it also provides for the parties, and the relevant youth offending team in youth cases, to be given the opportunity to make representations to the court before the court determines whether to make a live link direction.
  3. The amendments made by paragraph 2(5) of the Schedule provide that the court may direct the use of live link to multiple, or all, persons participating in particular proceedings, and may also give a direction which only applies to certain aspects of the proceedings, for example the giving of evidence. A person directed to give evidence in proceedings by live link must only give evidence in accordance with the direction. Persons outside of England and Wales may participate through a live link if the court so directs. These powers are subject to the restrictions set out in new Schedule 3A to the CJA 2003.
  4. The court may rescind a live link direction at any time, but only if this is in the interests of justice, and only after having considered representations from the parties or relevant youth offending team in youth cases.
  5. The Schedule amends section 53 of the CJA 2003 (magistrates’ courts permitted to sit at other locations) to accommodate any participation through live link, rather than just the giving of evidence.
  6. Participation in eligible criminal proceedings through a live audio or video link as directed by the court will be treated as complying with any requirement to attend or appear before court, or to surrender to the custody of the court, and such persons will be treated as present in court for the purposes of the proceedings.
  7. The Schedule also amends section 54 of the CJA 2003 (warning to jury) in accordance with the expanded power to use live links and section 55 of the CJA 2003 (rules of court) in accordance with the expanded power to use live links, and to enable the Criminal Procedure Rules to provide for contested as well as uncontested live link applications to be determined without a hearing. Paragraph 8 of the Schedule creates a new Schedule 3A to the CJA 2003, which introduces additional prohibitions and limitations on use of live links in certain circumstances.
  8. Part 2 of the Schedule amends the Criminal Appeal Act 1968 in accordance with the expanded powers to use live links under section 51 of the CJA 2003 in relation to appeals to the criminal division of the Court of Appeal. It also provides for a single judge of the Court of Appeal and the Registrar of Criminal Appeals to be able to exercise these powers.
  9. The territorial extent and application of this section and Schedule is England and Wales only.

Section 54 and Schedule 24: Expansion of availability of live links in other criminal hearings

  1. Part 1 of the Schedule expands the use of live links in Part 3A of the Crime and Disorder Act 1998 (the "CDA 1998") beyond the attendance of the accused at certain preliminary, sentencing and enforcement hearings to all participants in preliminary, sentencing and enforcement hearings.
  2. Paragraph 3 of the Schedule amends section 57B of the CDA 1998 to expand the availability of live links at preliminary hearings in a magistrates’ court or the Crown Court to include live video and audio links and all persons participating in the hearing, not solely live video links for the accused when in custody. Safeguards are introduced such that the court in making any live link direction in a preliminary hearing must be satisfied that it is in the interests of justice to do so. The parties or the relevant youth offending team must also have been given the opportunity to make representations.
  3. The Schedule makes similar provision in relation to live links in preliminary hearings as paragraph 2(5) of Schedule 23 does in relation to live links in ‘eligible criminal proceedings’. The provisions set out the factors that the court must consider when deciding whether to give, vary or rescind a live link direction.
  4. The Schedule allows for the expansion of the use of live links in sentencing hearings and enforcement hearings in a similar way to preliminary hearings.
  5. A court may not impose imprisonment or detention in default of payment of a sum at an enforcement hearing where proceedings are being conducted with participation via live audio link (other than for the purpose of giving evidence).
  6. Paragraph 6 inserts new section 57G of the CDA 1998 (requirement to attend court, perjury) which makes identical provision in relation to hearings conducted in accordance with a direction under section 57B, 57E or 57F as paragraph 4 of Schedule 23 does in relation to ‘eligible criminal proceedings’ conducted in accordance with a live link direction.
  7. The Schedule creates a new Schedule 3A to the CDA 1998, which introduces additional prohibitions and limitations on use of live links.
  8. Part 2 of the Schedule makes amendments to the Police and Criminal Evidence Act 1984 in accordance with the expanded powers to use live links under section 57B of the CDA 1998. It also amends section 22 of the Prosecution of Offences Act 1985 to reflect the fact that a jury no longer determines whether a defendant is unfit to plead. It omits section 32 of the Criminal Justice Act 1988 (evidence given by persons abroad through television links) as it is no longer required.
  9. The territorial extent and application of this section and Schedule in so far as they relate to Part 2 of the Schedule is England and Wales, Scotland and Northern Ireland. 
  10. The territorial extent and application of the section and the Schedule so far as they relate to Parts 1 and 3 of the Schedule is England and Wales only.

Section 55 and Schedule 25: Public participation in proceedings conducted by video or audio

  1. This Schedule inserts new sections 85A, 85B, 85C and 85D to the Courts Act 2003, making provisions for the live streaming of wholly audio or video hearings.
  2. The new sections of the Act provide that proceedings which are conducted as wholly video proceedings or wholly audio proceedings (a "fully virtual" hearing) can be broadcast so members of the public can observe proceedings or be made for record-keeping purposes (section 85A). It is an offence to make, or attempt to make, an unauthorised recording or transmission which relates to the broadcasting of such proceedings. The maximum penalty for being found guilty of such an offence is a fine not exceeding level 3 on the standard scale (currently £1,000) (section 85B). It is also an offence to make, or attempt to make an unauthorised recording or transmission of an image or sound which is being transmitted through a live audio or video link including in relation to a person’s participation in court proceedings through a live link. This includes a recording or transmission of the person’s own participation. The maximum penalty for being found guilty of such an offence is a fine not exceeding level 3 on the standard scale (currently £1,000) (section 85C).
  3. The Schedule also inserts new sections 29A, 29B, 29C and 29D to the Tribunals Courts and Enforcement Act 2007, making provisions for the live streaming of wholly audio or wholly video hearings. New sections 29A to 29D to that Act make identical provision as that in s85A to 85D of the Courts Act 2003 for wholly video or wholly audio proceedings in First‐tier Tribunals and Upper Tribunals.
  4. The territorial extent and application of this section in respect of paragraph 1 to Schedule 25 is England and Wales only.
  5. The territorial extent and application in respect of paragraph 2 to Schedule 25 is England and Wales, Scotland and Northern Ireland.

Section 56 and Schedule 26: Live links in magistrates’ court appeals against requirements or restrictions imposed on a potentially infectious person

  1. This Schedule inserts sections 57ZA to 57ZF into the Magistrates’ Courts Act 1980.
  2. It provides that appeals against decisions by the Secretary of State or an authorised public health official to impose restrictions under powers set out in section 51 and Schedule 21, be heard by telephone or video in civil proceedings in the Magistrates Court, subject to the court’s power to direct different arrangement be made. The court may, if it is in the interests of justice, direct that one or more persons should not participate in the appeal by video; or that they should participate by telephone. Such a direction may be made by a single magistrate or authorised court officer (as defined in subsection (5)).
  3. Sections 57ZD and 57ZE create new criminal offences in relation to:
    1. the unauthorised recording or transmission of a broadcast of a live video or audio hearing and,
    2. the unauthorised recording and transmission in relation to a person’s participation in proceedings through live video or audio links. These sections create the same criminal offences and make identical provisions to those in section 55 and Schedule 25.
  4. The territorial extent and application of the section and Schedule is England and Wales only.

Section 57 and Schedule 27: Use of live links in legal proceedings: Northern Ireland

  1. This section and Schedule ensure that all courts and devolved tribunals in Northern Ireland can require some or all of the participants in a case to take part in proceedings via audio or video live link. The Schedule also makes provisions for the live streaming of wholly audio or wholly video hearings by courts and devolved tribunals in Northern Ireland.
  2. Provision is also made for offences of recording or transmission in relation to broadcasts and in relation to participation through live link. Specific provision is also made for public health applications via live links to the magistrates’ courts.
  3. The territorial extent and application of this section and Schedule is Northern Ireland only.

Section 58 and Schedule 28: Powers in relation to transportation, storage and disposal of dead bodies etc.

  1. Part 1 of this Schedule ensures that Local and National Authorities have the powers to require persons (and in the case of National Authorities, to require Local Authorities) to provide information to enable those Authorities to ascertain capacity in areas to effectively manage the transportation, storage and disposal of dead bodies and other human remains. This may include information from private companies (such as private funeral homes or crematoria) on their capacity and operational status. They may direct that this information is shared with other actors who require this information (for example neighbouring Local Authorities who are searching for spare capacity in the region).
  2. Information shared under these information-sharing powers must be used only for the purpose of ascertaining capacity to manage the transportation, storage and disposal of dead bodies and other human remains.
  3. This information sharing provision is needed to inform decisions to designate a Local Authority so that directions can be made to enable changes in the death management system where there is or is likely to be insufficient capacity in that area as a result of deaths from COVID-19. The provision improves visibility of the system and helps to prevent the system from becoming overwhelmed.
  4. Restrictions are placed on the use and disclosure of the information provided and offences are created in relation to failing to comply with a requirement to provide information, using or disclosing information in contravention of provisions, or knowingly or recklessly providing false information. These provisions ensure compliance with the information sharing provisions.
  5. Part 2 allows National Authorities to designate a Local Authority area where, as a result of COVID-19, there is likely to be insufficient capacity within that area to transport, store or dispose of dead bodies or other human remains. Once an area is designated a Local Authority can give directions to companies or corporations. In addition to this, a National Authority can give the same directions where a regional or national response is more appropriate. The trigger point of this will be a ministerial decision in the relevant nation. The flexibility to direct locally, regionally or nationally provides that powers are only used where necessary, and in an effective and proportionate manner.
  6. The directions that can be given are broadly defined to give flexibility in responding as necessary to the specific situation. However it is expected the following directions may be required: direction to a private company to, for example, extend crematoria operating hours or use their vehicle to transport deceased bodies. The power to direct also includes a power to make directions in relation to a body within an area to be moved to another area.
  7. Personal choice for body disposal will be respected as far as possible. However, only where there is no suitable alternative (for example if safe storage limits were likely to be breached and out of area alternatives were not available), the power to direct may be used to direct whether a body is buried or cremated. It has been necessary to disapply section 46(3) of the Public Health (Control of Disease) Act 1984 which prohibits cremation against the wishes of the deceased. Similar provisions are disapplied in Northern Ireland. Scottish legislation already requires due regard to be had to the deceased’s wishes so no equivalent disapplication is required.
  8. There is power provided for the appropriate National Authority to make a direction in place of a Local Authority where the Local Authority has failed to exercise its functions properly. In the event that any Local Authority directions conflict with a National Authority direction, the National Authority direction prevails.
  9. Part 3 confers powers on National Authorities to give directions to Local Authorities as to the exercise of their functions where Local Authorities have failed to exercise functions in relation to dead bodies generally. This allows central Government to intervene if the Local Authority is not effectively managing the deaths in their area.
  10. Part 4 provides that in carrying out functions under Schedule 28, Local and National Authorities must have regard to the deceased person’s wishes, religion and belief, where known, of the method used for their final committal (i.e. burial or cremation). It also disapplies legislation prohibiting cremation against the wishes of the deceased, instead requiring authorities to have regard for wishes, religion or belief where known. In other words, while powers of direction may be used to direct whether a body is buried or cremated, the appropriate Local or National Authority must have regard for the deceased’s wishes before making such a direction. In Scotland, legislation already requires due regard to be had to the deceased’s wishes so no equivalent disapplication is needed.
  11. Part 4 also requires the National Authority to give guidance to Local Authorities on discharging their duties to have regard for the wishes of the deceased.
  12. A devolved minister can activate the powers to direct in their nation without needing the approval of the other nations.
  13. The Schedule came into effect upon the Coronavirus Bill obtaining Royal Assent (25th March 2020), meaning the information powers in Part 1 available immediately; however, the Direction making powers in Part 2 only are exercisable on designation by a National Authority, and a designation can be revoked at which point any direction made under it will lapse.
  14. The powers to direct will be activated within each nation by their respective Ministers if required. The ministers who can activate the powers in the provision are set out in paragraph 14 of the Schedule.
  15. The territorial extent and application of this section and Schedule is England and Wales, Scotland and Northern Ireland.

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

  1. This section deals with polls for relevant elections or referendums that are required to be held in the period beginning on 16th March 2020 and ending a month after the Coronavirus Bill obtained Royal Assent (25th March 2020), but which are not held during that period. The intention is to cover polls that were due to be held during that period but were cancelled following the Prime Minister’s announcement about the cancellation of the polls scheduled for 7th May 2020. The elections and referendums that are relevant here are local government by-elections in England and any referendum in connection with a neighbourhood development plan.
  2. The main purpose of the section is to remove any criminal liability that could otherwise be incurred under section 63 of the Representation of the People Act 1983 (the "1983 Act") by returning officers, registration officers, presiding officers or others for breach of their official duties in connection with the failure to hold the poll. The section also disapplies section 39 of the 1983 Act, which could otherwise apply in relation to local government election polls that are abandoned for any reason.
  3. The territorial extent of this section is England and Wales only and application is England only.

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

  1. This section postpones a series of scheduled elections due to take place on 7th May 2020 by a year - until ‘the ordinary day of election’ in 2021, which is Thursday 6th May. The polls covered by this section are:
    1. Polls for the election of councillors for any local government area in England;
    2. The poll for the election of the Mayor of London and London Assembly;
    3. Polls for the election of mayors of local or combined authorities; and
    4. Polls for the election of Police and Crime Commissioners.
  2. This section extends the term of office for local government councillors who were due to retire after the scheduled elections in 2020 until after the postponed election in 2021. This section then reduces the term of office for councillors returned at the postponed election in 2021 to three years, with a retirement date after the election in 2024. This is to ensure that their term aligns with the local government existing election cycle of electing by thirds and for two tier authorities. Maintaining the previous electoral rhythm provides for an election in each year in many two-tier areas, with clarity in each year over the proportion of local government being elected.
  3. This section provides for an exclusion from provisions in the Local Government Act 1972 that determine how councillors are selected for retirement (for example, those who have been councillors for the longest period since re-election). This section states that where a councillor has had their term extended until after the postponed election in 2021, these provisions should not apply.
  4. This section ensures that the subsequent term for 7th May 2020 elections for the Mayor of London/London Assembly, elected mayors of Local Authorities, elected mayors of combined authorities and Police and Crime Commissioners will be three years. This is to maintain the existing elections cycle, as above, and to ensure that the future cycle does not conflict with borough elections in London.
  5. The territorial extent and application of this section is England and Wales only.

Section 61: Power to postpone certain other elections and referendums

  1. This section provides a power for the Secretary of State or Minister for the Cabinet Office to postpone, by regulations, other ‘relevant’ elections and referendums (not covered in section 60) that cannot currently be anticipated. Such elections would include, for example, by-elections which are required by statute to be held within a specified period after the triggering event.
  2. The Prime Minister has taken the decision that the scheduled elections due to take place on 7th May 2020 should be postponed by a year. It follows that it may be desirable and necessary to postpone other elections (such as by-elections and local referendums) that arise during the COVID-19 outbreak. This section provides the necessary power to enable this.
  3. This section sets out that the Secretary of State or Minister for the Cabinet Office may make regulations to postpone the date of a ‘relevant’ election or referendum, so long as the election or referendum is held on the date or within the period specified in the regulations (and is not later than 6th May 2021). Where appropriate, this power can be exercised more than once. This section also confers power by regulations to delay the holding of any relevant election or referendum that falls within a period specified in the regulations until a later date or period specified in the regulations (which again cannot be or end later than 6th May 2021).
  4. This section states that a ‘relevant’ election or referendum is one for which the poll falls in the period between the day on which this Act is passed and ending with 5th May 2021 and which is within one of the categories of election or referendum set out in the section. These categories include elections: to fill a ‘casual vacancy’ (by-elections) in local government in either England or Northern Ireland; the Greater London Assembly; in the office of the London Mayor or in the office of an elected mayor; or in the office of a Police and Crime Commissioner in England. They also include referendums under section 9MC of the Local Government Act 2000 (referendums following petition); under section 52ZN of the Local Government Finance Act 1992 (in relation to council tax); and referendums under Schedule 4B to the Town and Country Planning Act 1990 (on neighbourhood development plans).
  5. This section makes clear that the power can be applied to specified descriptions of elections or referendums. So, for example, regulations made under this section could make provision by reference to a group of elections in a specific area, of a specific nature, or falling within a specific time period.
  6. This section allows regulations under this section to amend legislation, e.g. where a date set out in primary or secondary legislation needs to be amended.
  7. This section provides for regulations under the power to be subject to the negative procedure. This is to enable the elections set out above to be postponed in situations where either Parliament is not sitting or is unavailable.
  8. The territorial extent and application of this section is England and Wales and Northern Ireland only.

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

  1. A recall procedure for Members of Parliament is set out in the Recall of MPs Act 2015 (the "2015 Act"). MPs can be recalled in certain circumstances, for example, if they are convicted in the UK of an offence, or if they are suspended from the House of Commons for a specified period. The recall procedure includes a petition being made available for signing for 6 weeks for registered electors to sign. To be successful, 10% of eligible registered voters need to sign the petition. If the 10% threshold is reached, the Speaker of the House of Commons is notified, the MP’s seat becomes vacant and a by-election is required.
  2. This section does two things. First, it relaxes the duty on the petition officer under section 7(4) of the 2015 Act in relation to the designation of the first day of the 6-week petition period. Instead of being required to designate the 10th working day after the day on which the officer receives a Speaker’s notice that one of the recall conditions has been met, or the nearest reasonably practicable working day after that day, the petition officer is required to designate a working day falling no later than 6th May 2021 (or, if that is not reasonably practicable, the nearest reasonably practicable working day after that day). This therefore relaxes the timetable for cases where a Speaker’s notice has been given but the beginning of the 6-week petition period has not yet been designated.
  3. Secondly, this section then deals with the case of a recall petition where the petition officer has designated a day for the beginning of the petition period, and that day falls between the date on which this Act came into place (25th March 2020) and 5th May 2021. In such a case, the Secretary of State or the Minister for the Cabinet Office may by regulations provide that the designated day is postponed until a date specified in the regulations (falling no later than 6th May 2021).
  4. This section provides that the Secretary of State or the Minister for the Cabinet Office’s power may be exercised more than once in respect of a single recall petition. This section also provides that a statutory instrument containing such regulations is subject to negative procedure in Parliament.
  5. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland.

Section 63: Power to make supplementary etc provision

  1. This section provides the Secretary of State or the Minister for the Cabinet Office with the power to make, by regulations, supplementary provision in connection with the postponement of polls under sections 60 to 62. Such regulations would be subject to the negative procedure.
  2. Regulations made under this section could deal with a variety of matters, including, for example:
    1. Provision about things done (or not done) in connection with any poll prior to its postponement (which could include provision disapplying any criminal liability that might otherwise arise e.g. for returning officers, counting officers or presiding officers)
    2. The handling of nominations of candidates
    3. The handling of postal ballots
    4. The terms of office of incumbent office holders, which might need to be extended in the event of an election being postponed
    5. The handling of expenses of persons other than local authorities (e.g. candidate expenses)
    6. Compensation of local authorities or candidates incurring additional expenditure as a result of the Act
    7. Making any necessary amendments to orders under section 7 of the Local Government and Public Involvement in Health Act 2007 (orders giving effect to structural changes, proposals affecting the membership, or governance arrangements of local authorities).
  3. Regulations made under this section make retrospective provision, to deal with situations where an election timetable has automatically been triggered. This will, for example, enable provision to be made disapplying (after the event) certain statutory steps that should have been taken in the run-up to the original poll date.
  4. This section allows regulations under this section to amend, repeal or revoke statutory provisions (including primary legislation).
  5. This section provides for regulations under the power to be subject to the negative procedure.
  6. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland.

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

  1. This section amends the timing of the canvass in Northern Ireland, moving it from 2020 to 2021.
  2. The electoral register lists the names and addresses of everyone who is registered to vote in public elections. The register is used for electoral purposes, such as making sure only eligible people can vote, and other limited purposes (such as calling people for jury service). The canvass is one method of gathering information on potential additions to, changes to, and deletions from, the register.
  3. In Northern Ireland the register is maintained through a process of continuous registration and cross matching of data with the addition of a canvass which must take place at least every ten years from 2010. It was last conducted in 2013. There are 1.3 million individuals on the 2019 register and the canvass exercise is hugely resource intensive, requiring postal delivery of significant amounts of printed material and large numbers of processing staff. COVID-19 presents significant risks to canvass being completed successfully in Northern Ireland in 2020 and as a result of this section, the canvass will be moved from 2020 to 2021.
  4. With the exception of delaying the 2020 canvass by a year, the section retains the timing of the previously established schedule of statutory canvass years, specifying 2030 and every tenth year thereafter as years on which canvass must be conducted.
  5. The section also provides that if, at any time during the relevant period, the Chief Electoral Officer for Northern Ireland is required to set a date for a by-election for the Northern Ireland Assembly, the Chief Electoral Officer must consult the Secretary of State before setting the date. For this purpose the ‘relevant period’ is the period beginning with the day on which this Act is passed and ending with 1st February 2021.
  6. The territorial extent of this section is England and Wales, Scotland and Northern Ireland and application of this section is Northern Ireland only.

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

  1. This section relates to polls for a relevant election or referendum that are required to be held in the period beginning on 16th March 2020 and ending a month the Coronavirus Bill came into effect (25th March 2020), but which are not in fact held during that period. The intention is to cover polls that were due to be held during that period but were cancelled following the Prime Minister’s announcement about the cancellation of the polls scheduled for 7th May 2020. The elections and referendums that are relevant here are local government by-elections in Wales and any referendum in connection with a neighbourhood development plan.
  2. The main purpose of the section is to remove any criminal liability that could otherwise be incurred under section 63 of the Representation of the People Act 1983 (the "1983 Act") by returning officers, registration officers, presiding officers or others for breach of their official duties in connection with the failure to hold the poll. The section also disapplies section 39 of the 1983 Act, which could otherwise apply in relation to local government election polls that are abandoned for any reason.
  3. The territorial extent of this section is England and Wales only and application of this section is Wales only.

Section 66: Postponement of National Assembly for Wales elections for constituency vacancies

  1. This section provides that where, before 6th May 2021, an election under section 10 of the Government of Wales Act 2006 to fill a vacant constituency seat would otherwise be required to be held the Presiding Officer of the National Assembly for Wales may fix a later date for that poll. This power may be exercised more than once but before the Presiding Officer exercises it, the Presiding Officer must consult with the Welsh Ministers and the Electoral Commission.
  2. The territorial extent of this section is England and Wales, Scotland and Northern Ireland, and the application is to Wales only.

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

  1. This section enables any casual vacancies (also known as by-elections) which may arise in Local Authorities in Wales where the date of the poll for the election would otherwise fall between the period beginning with the day on which the Coronavirus Act came into effect (25th March 2020) and ending with 5th May 2021, to be postponed by regulations made by the Welsh Ministers.
  2. The territorial extent of this section is England and Wales only and the application is to Wales only.

Section 68: Power to make supplementary etc provision

  1. This section enables the Welsh Ministers to make by regulations consequential, supplementary, incidental, transitional or saving provision in connection with sections 66 and 67. Such regulations may include provisions about electoral activity prior to the postponement of a poll, the conduct of elections, the manner of voting in elections that have been postponed, the terms of office of incumbent officer holders, nominations of candidates, expenses incurred in relation to the election by those other than Local Authorities, and compensation for Local Authorities or candidates as a result of the provisions within the Act.
  2. The territorial extent of this section is England and Wales, Scotland and Northern Ireland, and the application is to Wales only.

Section 69: Postponement of Scottish Parliament elections for constituency vacancies

  1. This section enables the Presiding Officer ("PO") of the Scottish Parliament to postpone constituency by-elections. The power enables the PO to fix a later date for the poll where a date has been fixed or, where no date has been fixed, to fix a date that is outside the period required by section 9(3) of the Scotland Act 1998. The PO must fix a new date as soon as reasonably practicable. This power can be exercised more than once and this section specifies who the PO must consult before exercising the power. The power cannot be exercised to fix the date of a by-election after 6th May 2021.
  2. The territorial extent of this section is England and Wales, Scotland and Northern Ireland, and application is Scotland only.

Section 70: Postponement of local authority elections for casual vacancies

  1. This section applies where under section 37 of the Local Government (Scotland) Act 1973 an election is to be held to fill a casual vacancy in the office of councillor in a Local Authority. It enables the relevant Returning Officer ("RO") to postpone a by-election to fill a councillor vacancy in a Local Authority. The power enables the RO to fix a later date for the poll where a date has been fixed or, where no date has been fixed, to fix a date which is outside the period required by section 37(1) of the Local Government (Scotland) Act 1973. The RO must fix a new date as soon as reasonably practicable. This power can be exercised more than once and this section specifies who the RO must consult before exercising the power. The power cannot be exercised to fix a by-election after 6th May 2021.
  2. The territorial extent and application of this section is Scotland only.

Section 70: Postponement of local authority elections for casual vacancies

  1. This section applies where under section 37 of the Local Government (Scotland) Act 1973 an election is to be held to fill a casual vacancy in the office of councilor in a Local Authority. It enables the relevant Returning Officer (the "RO") to postpone a by-election to fill a councillor vacancy in a Local Authority. The power enables the RO to fix a later date for the poll where a date has been fixed or, where no date has been fixed, to fix a date which is outside the period required by section 37(1) of the Local Government (Scotland) Act 1973. The RO must fix a new date as soon as reasonably practicable. This power can be exercised more than once and this section specifies who the RO must consult before exercising the power. The power cannot be exercised to fix a by-election after 6th May 2021.
  2. The territorial extent and application of this section is Scotland only.

Section 71: Signatures of Treasury Commissioners

  1. This section modifies section 1 of the Treasury Instruments (Signature) Act 1849 so that, during a COVID-19 outbreak, the reference in that section to two or more of the Commissioners has effect – (a) as if it were a reference to one or more of the Commissioners, and (b) as if a Minister of the Crown in the Treasury (who is not also a Commissioner) were a Commissioner. ‘Minister of the Crown’ for these purposes means the holder of an office in Her Majesty’s Government in the United Kingdom.
  2. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland.

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

  1. This section modifies the operation of section 143 of the Social Security Administration Act 1992 (the "1992 Act") by temporarily altering the procedure for making orders under it.
  2. This section applies to an order made under section 143 of the 1992 Act made on or after the day the Bill (now Act) was introduced (19th March 2020) but within 2 years of this Act having passed.
  3. It only applies to an order if that order does not increase contribution rates above the level of those rates on 6th April 2020.
  4. Subsection (2) modifies section 143(1) of the 1992 Act in order that the level of the National Insurance Fund, and the sums expected to be paid from it, does not have to be taken into account in relation to orders made under this section for a temporary period.
  5. Subsection (3) provides that the limit on increases to the rates of National Insurance Contributions (NICs) of 0.25% in section 143(4) of the 1992 Act does not apply to orders made under the Act. This will enable rates to return to their 6th April 2020 baseline once any reduction is no longer needed.
  6. Subsection (4) provides that Section 144 of the 1992 Act does not apply to an order to which this section applies. This removes the requirement to lay a report by the Government Actuary when changing rates, and provides greater flexibility to determine the period for which rates are to apply.
  7. Subsection (5) provides that the affirmative procedure does not apply to orders made under section 143 of the 1992 Act to which this section applies. The negative procedure will apply.
  8. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland, and the application is England, Wales and Scotland only.

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

  1. This Section modifies the operation of section 145 of the Social Security Administration Act 1992 (the "1992 Act") by temporarily altering the procedure for making orders under it.
  2. Subsection (1) provides that the section only applies to an order made between introduction of the Bill (now Act) (19th March 2020) and 2 years after the passing of the Act, if that order does not increase rates above the 6th April 2020 baseline.
  3. Subsection (2) provides that the limit on increases to the rates of NICs of 0.25% in section 145(3) of the 1992 Act does not apply to orders made under the 1992 Act and to which this section applies (and increases above the 6th April 2020 baseline are not allowed).
  4. Subsection (3) provides subsections (2) to (5) of section 147 of the 1992 Act do not apply to an order made under section 145 of the 1992 Act and to which this section applies. This allows greater flexibility on the application of rate changes, and removes the requirement to lay a report by the Government Actuary.
  5. Subsection (4) provides that the affirmative procedure does not apply to orders made under section 145 of the 1992 Act and to which this section applies. The negative procedure will apply.
  6. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland, and the application is England and Wales and Scotland only.

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

  1. This section modifies the operation of section 5 of the National Insurance Act 2014 by temporarily altering the Parliamentary procedure for making regulations under it.
  2. Subsection (1) provides for the modifications to apply to regulations made on or after the day the Bill (now Act) was introduced (19th March 2020) and before the end of the period of two years from the date the Act is passed.
  3. Subsection (2) provides for the negative Parliamentary procedure to apply to regulations made under section 5 during that period instead of the affirmative procedures specified in that section.
  4. Subsection (3) provides that subsection (2) does not apply to regulations which decrease the value of the Employment Allowance below £4,000 (so the affirmative Parliamentary procedure will continue to apply).
  5. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland.

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

  1. Section 8 of the Industrial Development Act 1982 is the principle general power for the Secretary of State to give financial assistance to business where, in the Secretary of State’s opinion:
    1. the financial assistance is likely to benefit the economy of the UK (or any part or area of the UK);
    2. providing the financial assistance is in the national interest; and
    3. the financial assistance cannot otherwise be appropriately provided.
  2. The provision of financial assistance under section 8 of the Industrial Development Act 1982 is subject to certain conditions. In particular, subsections (4) and (5) impose an aggregate limit of £12,000 million (£12 billion).
  3. Under subsections (1) and (2) of this section financial assistance provided under section 8 of the IDA 1982does not count towards the £12 billion aggregate limit where the providing authority designates the financial assistance as related to COVID-19. The providing authority may make that designation if it appears to the authority that the assistance is provided (wholly or to a significant degree) for the purpose of preventing, reducing or compensating for any effect or anticipated effect (direct or indirect) of COVID-19.
  4. Subsection (3) of this section requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of any quarter in which the Secretary of State has provided financial assistance designated as "coronavirus-related". The report must include the amount of designated assistance and other details the Secretary of State considers appropriate.
  5. The territorial extent and application of the section is England and Wales, Scotland and Northern Ireland.

Section 76: HMRC Functions

  1. This section provides that Her Majesty’s Revenue and Customs ("HMRC") have such functions as the Treasury may direct in relation to COVID-19. It allows the Treasury to grant additional functions to HMRC where these are necessary to deliver the Government’s response to COVID-19.
  2. In particular, this section enables the Treasury to grant the functions necessary for HMRC to pay grants to businesses to deliver the Coronavirus Job Retention Scheme.
  3. This ensures that HMRC is allowed to deliver the scheme, and provides the flexibility to provide further directions if necessary as the Government continues to respond to the situation as it continues to develop.
  4. The territorial extent and application of this section is England and Wales, Scotland and Northern Ireland.

Section 77: Up-rating of working tax credit etc

  1. This section increases the rate of the basic element of Working Tax Credit, providing additional support to claimants to help them manage the economic impacts of the COVID-19 pandemic. The section replaces the annual rate of £1,995 which had been due to take effect from 6th April 2020 with a higher amount. The increased rate will apply for the 2020/2021 tax year only.
    1. Subsection (1) increases the rate of the basic element of Working Tax Credit from £1,995 to £3,040.
    2. Subsection (2) provides for the increase to have effect for the 2020/2021 tax year, i.e. from 6th April 2020 to 5th April 2021, only. It also provides that the rate on which the Treasury will base its review is £1,995.
    3. Subsection (3) contains a consequential amendment which provides that the benefit rates on which the Secretary of State will base their review will be the 6th April 2020 baseline rates.
  2. The territorial extent and application of this section is England and Wales, Scotland, and Northern Ireland, except for subsection (3) which extends and applies to England and Wales and Scotland only.

Section 78: Local Authority Meetings

  1. This section provides a power for the Secretary of State (in England), the Welsh Minister and the Northern Ireland Department for Communities to make provision, by regulations, in relation to Local Authority meetings. These can include provisions in relation to the requirement to hold meetings, the requirements on timing and frequency of meetings, the place at which meetings must be held, the way in which people should attend, speak at and vote, and public admission and access to meetings and documents in relation to council meetings.
  2. This includes the ability to make provision for meetings being held without any or all of the persons being together in the same place, which would enable local authorities to hold meetings remotely.
  3. Subsection (3) states that the regulations will only refer to meetings held or required to be held before 7th May 2021. This gives Local Authorities the flexibility to carry on with vital business needs.
  4. In this provision, meetings are defined as meetings of the Authority, a committee or sub-committee of the Authority, an executive of a Local Authority or a committee or sub-committee of an executive. There is a broad definition of Local Authority which includes principal councils, combined authorities, parish councils, and national park authorities.
  5. The territorial extent and application of the section is England and Wales and Northern Ireland only.

Section 79: Extension of BID arrangements: England

  1. This section establishes the delay of Business Improvement District ("BID") ballots through an extension of maximum duration of English BID arrangements, for those BID arrangements that are in place on the day of Royal Assent but are due to terminate on or before 31st December 2020. Those BIDs’ arrangements will be extended until 31st March 2021.
  2. Subsection (1) sets out which BID arrangements are included within the delay:
    1. if a BID is in force on the day on which the Bill (now Act) received Royal Assent; and
    2. the BID arrangements are due to expire between the date the Coronavirus Bill obtained Royal Assent (25th March 2020) and the 31st December 2020.
  3. Subsection (2) sets out the BIDs that are excluded from the delay:
    1. if a new BID ballot under section 49(1) of the Local Government Act 2003 (the "LGA 2003") has taken place before the Bill (now Act) received Royal Assent (25th March 2020), and the BID arrangements are the same or substantially the same as the current arrangements in force; or
    2. a renewal ballot under section 54(2) of the LGA 2003 for the renewal of the current BID arrangements has taken place before the Bill (now Act) received Royal Assent (25th March 2020).
  4. Subsection (3) sets out how the extension to the BID arrangements for BIDs included within the delay will work in practice:
    1. that the BID arrangements will now end on 31st March 2021, rather than at the previous five-year maximum which would have ended between the day of Royal Assent and 31st December 2020;
    2. that the extension beyond the previous-five year maximum will be treated as a new charging period (defined as the 2021 charging period) ending on 31st March 2021.
    3. sets out in greater detail how the levy for the 2021 chargeable period created by the extension will work:
      1. the 2021 chargeable period created by the extension will be calculated in the same manner as the 2020 chargeable period; and
      2. the levy will be applied in a way that is just and reasonable, in the case where the 2021 chargeable period is longer or shorter than the last 2020 chargeable period.
    4. Sets out that the non-domestic ratepayers specified in the arrangements (or hereditaments) liable for the levy will be the same as the last 2020 chargeable period.
  5. Subsection (4) defines ‘the last 2020 chargeable period’ as the chargeable period that would have been the last chargeable period for the BID that was due to end in 2020 had it not been extended beyond the five-year maximum by this legislation.
  6. Subsection (5) disapplies the five-year maximum rule for BID arrangements set out in section 54(1) of the LGA 2003 for the BID arrangements included within the extension for this legislation.
  7. Subsection (6) highlights that the termination and alteration procedures for BID arrangements set out in section 54(4) of the LGA 2003 continue to apply and BID arrangements included within the extension can still utilise those procedures if necessary.
  8. Subsection (7) highlights that expressions included within this legislation retain the same legal meaning as those in Part 4 of the LGA 2003.
  9. Subsection (8) binds the Crown.
  10. Subsection (9) highlights that the legislation only applies to BID arrangements within England, and not within Wales, as the Welsh Government did not wish to be included within the extension as no Welsh BID arrangements are due to end within the period between the day of Royal Assent and the 31st December 2020.
  11. The territorial extent of this section is England and Wales only and applies to England only.

Section 80: Extension of BID arrangements: Northern Ireland

  1. This section establishes the delay of BID ballots through an extension of maximum duration of Northern Ireland BID arrangements, for those BID arrangements that were in place on the day of Royal Assent but are due to terminate on or before 31st December 2020. Those BIDs’ arrangements will be extended until 31st March 2021.
  2. Subsection (1) sets out which BID arrangements fall within the provisions of the section:
    1. if BID arrangements are in force on the day on the Coronavirus Bill (now Act) obtained Royal Assent (25th March 2020); and
    2. the BID arrangements are due to expire between the day the Coronavirus Bill (now Act) obtained Royal Assent (25th March 2020) and the 31st December 2020.
  3. Subsection (2) sets out how the extension to the BID arrangements for BIDs included within the delay will work in practice:
    1. that the BID arrangements will now end on 31st March 2021, rather than at the previous five-year maximum which would have ended between the day the Coronavirus Bill (now Act) obtained Royal Assent (25th March 2020) and 31st December 2020;
    2. that the extension beyond the previous-five year maximum will be treated as a new charging period (defined as the 2021 charging period) ending on 31st March 2021.
    3. sets out in greater detail how the levy for the 2021 chargeable period created by the extension will work:
      1. the 2021 chargeable period created by the extension will be calculated in the same manner as the 2020 chargeable period; and
      2. the levy will be applied in a way that is just and reasonable, in the case where the 2021 chargeable period is longer or shorter than the last 2020 chargeable period.
    4. Sets out that the non-domestic ratepayers specified in the arrangements (or hereditaments) liable for the levy will be the same as the last 2020 chargeable period.
  4. Subsection (3) defines "the last 2020 chargeable period" as the chargeable period that would have been the last chargeable period for the BID that was due to end in 2020 had it not been extended beyond the five-year maximum by this section.
  5. Subsection (4) disapplies the five-year maximum rule for BID arrangements set out in section 16(1) of the Business Improvement Districts Act (NI) 2013, for the BID arrangements included within the extension for this section.
  6. Subsection (5) highlights that the termination and alteration procedures for BID arrangements set out in section 16(4) of the Business Improvement Districts Act (NI) 2013 continue to apply and BID arrangements included within the extension can still utilise those procedures if necessary.
  7. Subsection (6) highlights that expressions included within this section retain the same legal meaning as those in the Business Improvement Districts Act (NI) 2013.
  8. Subsection (7) binds the individuals in public service of the Crown.
  9. The territorial extent and application of this section is Northern Ireland only.

Section 81 and Schedule 29: Residential tenancies in England and Wales: protection from eviction

  1. This section and Schedule delays when landlords are able to evict tenants. It does this either by extending the notice period that a landlord is required to serve on a tenant to at least three months or, in some cases, creating a three months’ notice requirement where a requirement to give notice does not currently exist. The section does not prevent a landlord from serving a notice of intention to possess, nor does it end a tenant’s liability for rental payments.
  2. The Schedule applies to all landlords who have granted tenancies governed by the Rent Act 1977 and the Housing Acts 1985, 1988 and 1996. This covers all statutory tenants in the private and social rented sectors. It does not include common law tenancies or licenses (other than secure licenses).
  3. In most cases a landlord must provide notice of intention to seek possession of an assured, assured shorthold, secure, demoted or introductory tenancy. These provisions extend such notice periods to at least three months. They also add a requirement to give three months’ notice in respect of a fixed term secure tenancy. The Rent Act 1977 does not require a notice to be served on statutory regulated tenants under the Act and so these provisions introduce a notice period for those tenancies and sets out that it must be at least three months. They also amend the relevant forms to be used in serving notice, to ensure the information they contain is correct.
  4. These provisions will apply for a specified period of time, from the date on which the Coronavirus Bill (now Act) obtained Royal Assent (25th March 2020) to 30th September 2020.
  5. These provisions allow the Secretary of State to change the date on which they end or to extend the three month notice period to a maximum of six months. These measures have been drafted so as to only apply for the specified time stated, not as permanent changes, and for the process to return to current functioning once this period has ended.
  6. Scotland and Northern Ireland have differing tenancy systems which are a devolved competence.
  7. The territorial extent and application of the section and the Schedule is England and Wales only.

Section 82: Business tenancies in England and Wales: protection from forfeiture etc

  1. This section establishes that where non-payment of rent enables a landlord to treat a lease as forfeited, that right cannot be exercised for a relevant period. The relevant period commenced on the date on which the Coronavirus Bill (now Act) obtained Royal Assent (25th March 2020) and will end on 30th June 2020-with a power to extend by statutory instrument if it is needed (subject to the negative procedure).
  2. Subsections (1) and (2) set out that the landlord may not enforce a right of re-entry or forfeiture during the relevant period but protects the landlord from inadvertently waiving the breach. A landlord may, however, expressly waive the breach in writing.
  3. Subsections (3) to (6) limit the power of the High Court to order forfeiture or possession for non-payment of rent. The court cannot make an order which takes effect before the end of the relevant period.
  4. Subsections (7) to (10) make similar provision in respect of the County Court.
  5. Subsection (11) ensures that the tenant’s failure to pay rent during the relevant period is ignored for the purposes of a protected tenant under the Landlord and Tenant Act 1954 whose lease comes up for renewal. It means that failure to pay rent during this period is not treated as a ‘persistent delay in paying rent’ for the purposes of considering a lease renewal.
  6. Subsection (12) defines key terms including ‘relevant business tenancy’. The definition includes tenancies to which Part 2 of the Landlord and Tenant Act 1954 applies and to tenancies to which that Part of that Act would apply if any relevant occupier were the tenant (for example where the original tenant has sublet premises and is no longer in occupation).
  7. The territorial extent and application of this section is England and Wales only.

Section 83: Business tenancies in Northern Ireland: protection from forfeiture etc

  1. This section establishes that where non-payment of rent enables a landlord to treat a lease as forfeited, that right cannot be exercised for a relevant period. The relevant period commenced on the date on which the Coronavirus Bill (now Act) obtained Royal Assent (25th March 2020) and will end on 30th June 2020-with a power for the Department of Finance in Northern Ireland to extend the period if it is needed. 
  2. The protection applies to all business tenancies within the meaning of the Business Tenancies (Northern Ireland) Order 1996 and to any tenancy to which the Order would apply if any relevant occupier were the tenant.
  3. The territorial extent and application of this section is Northern Ireland only.

Section 84: Postponement of General Synod elections

  1. The section enables elections to the General Synod of the Church of England that are due to take place this summer to be postponed. It does so by creating a delegated power enabling Her Majesty, by Order in Council, at the joint request of the Archbishops of Canterbury and York, to postpone the date on which the Convocations of Canterbury and York – and therefore the General Synod – automatically stand dissolved under the Church of England Convocations Act 1966.
  2. The territorial extent of this section is England and Wales only, but it applies only to the Church of England.

Part 2: Final Provisions

Section 85: Interpretation

  1. The content of this section is self-explanatory.

Section 86: Financial provision

  1. Section 86 recognises that, as a matter of House of Commons procedure, a financial resolution needed to be agreed for the Bill from which the Act resulted.

Section 87: Commencement

  1. Subsection (1) sets out the provisions of the Act - other than those listed in subsection (2) - which commenced on Royal Assent of the Bill (now Act) on 25th March 2020.
  2. Subsection (2) sets out the provisions which instead come into force using regulations made by a Minister of the UK Government. The Minister may do so in relation to devolved matters only with the consent of the relevant Devolved Administration. The Devolved Administrations can exercise the power in so far as the provision being commenced is within the legislative competence of the relevant Devolved Legislature.
  3. Subsection (10) allows these provisions to be commenced on different days in different areas. The course of the outbreak is unpredictable and the response must be accordingly flexible.
  4. Subsection (11) is a power to allow Ministers to make transitional provisions in relation to provisions in the Act coming into force. Subsections (12), (13), (14) and (15) relate to how this power can be used in respect of devolved areas.

Section 88: Power to suspend and revive provisions of this Act

  1. This section allows measures in the Act to be suspended if no longer needed. It also allows for measures to be revived if needed again. The method of achieving suspension and revival is by way of a regulation made by a Minister. Subsection (2) provides that a "suspension" of a provision should be treated in the same way as a repeal for the purposes of applying the general savings provisions that apply to repeals contained in section 16(1) of the Interpretation Act 1978. Suspension and revival can be done more than once (subsection (4)). To provide for flexibility, subsection (5) allows Ministers to make the regulations for different purposes, on different days in different areas; and to make technical transitional, transitory and savings provisions in regulations made under the section.
  2. There are some provisions in the Act which would not be appropriate to suspend/revive. As such, subsection (6) sets out the provisions that the power to suspend or revive does not apply to.
  3. As with other sections within the Final Provision section of the Act, the section includes provisions which deal with how the powers should operate in respect of devolved matters. In particular, consent of the relevant Devolved Administration is required where a Minister of the UK Government exercises the power in relation to devolved matters. The Devolved Administrations are also given the same powers in so far as the provision being suspended or revived is within the legislative competence of the relevant Devolved Legislature.

Section 89: Expiry

  1. The Act supports public bodies, and the wider society, in responding purely to the COVID-19 outbreak and so is time limited. This section provides that the Act expires at the end of the period of 2 years beginning with the day on which it is passed. Two qualifications to that basic principle are set out in subsection (2) (which lists the provisions that will not expire) and section 90 which allows for the period to be extended (or shortened) in relation to all other provisions.
  2. Subsection (3) allows Ministers to make regulations which set out technical transitional, transitory and savings provisions in connection with the expiry of any provision of the Act. Subsection (4) specifies when consent of the relevant Devolved Administration is required in respect of this regulation-making power. The section also provides the same powers to the relevant Devolved Administration in so far as the provision relates to an area within the relevant Devolved Legislature’s legislative competence.

Section 90: Power to alter expiry date

  1. The sections of the Act should apply when they are needed. Therefore, subsections (1) and (2) enable Ministers to extend or terminate a particular provision through regulations. Subsection (3) stipulates that an extension may not be for more than six months at a time. To provide flexibility these regulations can be made for different purposes, on different days in different areas. Subsection (5) enables a Minister of the UK Government to exercise these powers. Consent of the relevant Devolved Administration is required in relation to devolved matters. The section also provides powers to the Devolved Administrations in so far as the relevant provision for which the expiry date is being altered is within the legislative competence of the Devolved Legislature.
  2. The draft affirmative procedure must be followed when the power is being used to sunset a provision early. Where the power is being used to delay the sunset of a provision, either the made affirmative or the draft affirmative procedure can be used (this is set out in sections 93 (procedure for certain regulations made by a Minister of the Crown) – 96 (procedure for certain orders made by a Northern Ireland Department)).

Section 91: Power to amend Act in consequence of amendments to subordinate legislation

  1. Many of the provisions in this Act operate by modifying the effect of pieces of secondary legislation. If underlying secondary legislation that the Act modifies changes during the life of the Act the modifications may no longer work properly. This section therefore allows for the update of the modifications contained in the Act in the event that underlying legislation is changed. This ensures that the measures in the Act maintain their intended effect.
  2. Subsections (1) and (2) set out that parts of the Act that modify secondary legislation may be updated in consequence of other amendments to secondary legislation.
  3. Regulations may be made by a UK Government Minister. Consent of the relevant Devolved Administration is required in relation to devolved matters. The section also provides the same power to the Devolved Administrations so far as provisions would be within the legislative competence of the relevant Devolved Legislature.
  4. A choice of made affirmative or draft affirmative procedure can be used to make regulations under this power (this is set out in sections 93 (procedure for certain regulations made by a Minister of the Crown) – 96 (procedure for certain orders made by a Northern Ireland Department)).

Section 92: Power to make consequential modifications

  1. This section provides a power to make consequential modifications to other legislation so that it aligns with this Act. The power can also be used to revoke the consequential modification regulations made under this power when the relevant provisions of the Act which the consequential modifications relate to are sunset or suspended. Ministers may make technical transitional, transitory and savings provisions in relation to the consequential modifications made under this section.
  2. The regulations may be made by a UK Government Minister though consent of the relevant Devolved Administration is required if the regulations contain modifications that would be within devolved legislative competence. The section also provides the same power to the Devolved Administrations in respect of consequential modifications which are within their legislative competence.
  3. Where consequential modifications only modify secondary legislation regulations can be made under the negative procedure. Where consequential modifications modify primary legislation either the made affirmative or draft affirmative procedures can be used (This is set out in sections 93 (Procedure for certain regulations made by a Minister of the Crown) – 96 (Procedure for certain orders made by a Northern Ireland Department)).

Section 93: Procedure for certain regulations made by a Minister of the Crown

  1. This section sets out the procedures for regulations made under the powers to alter the expiry date, the power to amend the Act in consequence of amendment to secondary legislation and the power to make consequential modifications.

Section 94: Procedure for certain regulations made by the Welsh Ministers

  1. This section mirrors the provisions made in section 93 for regulations made by Ministers of the UK Government but for equivalent procedures in the Welsh Assembly.

Section 95: Procedure for certain regulations made by the Scottish Ministers

  1. This section mirrors the provisions made in section 93 for regulations made by Ministers of the UK Government but for equivalent procedures in the Scottish Parliament.

Section 96: Procedure for certain orders made by a Northern Ireland department

  1. This section mirrors the provisions made in section 93 for regulations made by Ministers of the UK Government but for equivalent procedures in the Northern Ireland Assembly.

Section 97: Report by Secretary of State on status of non-devolved provisions of this Act

  1. This section sets out the procedure for the Secretary of State to report to Parliament every two months on the status of the non-devolved provisions of Part 1 of the Act. The report must set out whether those provisions in Part 1 are in force and whether during the two month period (the "reporting period") any of those provisions have been commenced under section 97(2), suspended or revived under section 88(1) or (3), or the expiry date in relation to the provision has been altered under section 90(1) or (2). Subsection (8) obliges the Secretary of State to present the report to Parliament, and if the Secretary of State does not do so then subsection (9) obliges the Secretary of State to explain why.

Section 98: Six-monthly parliamentary review

  1. This provision obliges the Government to seek the House of Commons’ agreement to the continued use of those powers (that are not devolved) that are in force when each six month review period falls due. If the House declines to renew, then the Government has 21 days in which to make regulations terminating their use, using the powers in section 90(1). Section 93(1) removes the need to use the affirmative process for these regulations.

Section 99: Parliamentary consideration of status of non-devolved provisions of this Act

  1. This section requires a debate to be held in both Houses about the one year status report that will be produced in accordance with section 97. This debate will need to be held if the substantive operational period of this Act which is defined in section 97 is on-going. This means that if any of the non-devolved sections are still in force after one-year the debate will go ahead.
  2. This will provide both Houses the opportunity to scrutinise the matters covered in the status report including whether the Houses think that measures in the Act have been suspended or sunset appropriately in response to changing events.
  3. In the event that Parliament is not sitting for any reason at the time of the one year report the debates will have to be scheduled within 14 sitting days from Parliament returning.

Section 100: Extent

  1. This section sets out the provisions in the Act which extend to the legal jurisdictions of England and Wales, Scotland and Northern Ireland, the provisions which extend to the legal jurisdictions of England and Wales and Scotland only, the provisions which extend to the legal jurisdiction of England and Wales only, the provisions which extend to the legal jurisdiction of Scotland only, the provisions which extend to the legal jurisdiction of Northern Ireland and the provisions which have the same extent as the enactments they amend.

Section 101: Extension to the Isle of Man

  1. This provision is self-explanatory.

Section 102: Short title

  1. This provision is self-explanatory.

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