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Statutory Instruments

2020 No. 1008

Public Health, England

The Health Protection (Coronavirus, Restrictions) (Obligations of F1... Undertakings) (England) Regulations 2020

Approved by both Houses of Parliament

Made

at 2.44 p.m. on 17th September 2020

Laid before Parliament

at 4.45 p.m. on 17th September 2020

Coming into force

18th September 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984 F2.

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England.

The Secretary of State considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 45R of that Act the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.

Citation, commencement, application and interpretationE+W

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) (Obligations of F3... Undertakings) (England) Regulations 2020 and come into force on 18th September 2020.

(2) These Regulations apply in relation to England only.

(3) In these Regulations—

(a)business” includes any undertaking, whether carried on for profit or not;

(b)the “Principal Regulations” means [F4the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020];

(c)emergency period[F5means the period beginning with 18th September 2020 and ending on such day as paragraph 1 of Schedule 1 to the Principal Regulations ceases to have effect;]

[F6(ca)“face covering” has the meaning given in regulation 2(1) of the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) Regulations 2020;]

F7(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)qualifying group” has the meaning given in [F8paragraph 5(5) of Schedule 1 to] the Principal Regulations.

[F9(e)“relevant area” means any place where a person is required to wear a face covering under the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) Regulations 2020;

(f)“responsible person” means a person responsible for carrying on a business in a relevant area.]

[F10(fa)the “Tier 2 Regulations” means the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020;]

[F11(fb)the “Tier 3 Regulations” means Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020;]

[F12(g)a place is indoors if it would be considered to be enclosed, or substantially enclosed, for the purposes of section 2 of the Health Act 2006, under the Smoke-free (Premises and Enforcement) Regulations 2006;

(h)premises are located in an area which is part of the [F13Tier 2 area for the purposes of the Tier 2 Regulations] [F14or of the Tier 3 area for the purposes of the Tier 3 Regulations] if any part of the premises are located in that area.]

(4) For the purposes of these Regulations, references to a “local authority” include references to a county council.

Commencement Information

I1Reg. 1 in force at 18.9.2020, see reg. 1(1)

[F15Restrictions in relation to relevant premisesE+W

1A.(1) A person who operates or occupies relevant premises [F16in an area which is not part of the [F17Tier 2 area for the purposes of the Tier 2 Regulations]] [F18or of the Tier 3 area for the purposes of the Tier 3 Regulations] must, during the emergency period, take all reasonable measures to ensure that—

(a)no bookings are accepted for a group of more than six persons unless one of the exemptions in [F19paragraph 3 of Schedule 1 to] the Principal Regulations applies;

(b)no persons are admitted to the premises in a group of more than six, unless one of the exemptions in [F20paragraph 3 of Schedule 1 to] the Principal Regulations applies;

(c)no person joins another group or otherwise acts in a way which would contravene the Principal Regulations.

[F21(1A) A person who operates or occupies relevant premises in the [F22Tier 2 area for the purposes of the Tier 2 Regulations] must, during the emergency period, take all reasonable measures to ensure that—

(a)no bookings are accepted—

(i)for a group of more than six, where the group is to be located outdoors, unless one of the exceptions in [F23paragraph 5 of Schedule 1 to the Tier 2 Regulations] applies;

(ii)for a group of two or more persons to be located indoors at the premises unless one of the exceptions in [F24paragraph 4 of Schedule 1 to the Tier 2 Regulations] applies;

(b)no persons are admitted to the premises in—

(i)a group of more than six, where the group is to be located outdoors, unless one of the exceptions in [F25paragraph 5 of Schedule 1 to the Tier 2 Regulations] applies, or

(ii)a group of two or more persons, where the group is to be located indoors, unless one of the exceptions in [F26paragraph 4 of Schedule 1 to the Tier 2 Regulations] applies;

(c)no person joins another group or otherwise acts in a way which would contravene the [F27Tier 2] Regulations.]

[F28(1B) A person who operates or occupies relevant premises in the Tier 3 area for the purpose of the Tier 3 Regulations must, during the emergency period, take all reasonable measures to ensure that—

(a)no bookings are accepted for—

(i)a group of more than six persons, where the group is to be located in a place which satisfies the conditions in paragraph 2(4) of Schedule 1 to the Tier 3 Regulations (“a relevant place”), unless one of the exceptions in paragraph 4 of that Schedule applies; or

(ii)a group of two or more persons to be located in a place which is not a relevant place, unless one of the exceptions in paragraph 4 of Schedule 1 to the Tier 3 Regulations applies;

(b)no persons are admitted to the premises—

(i)a group of more than six persons, where the group is to be located in a relevant place, unless one of the exceptions in paragraph 4 of that Schedule applies; or

(ii)a group of two or more persons to be located in a place which is not a relevant place, unless one of the exceptions in paragraphs 4 of Schedule 1 to the Tier 3 Regulations applies;

(c)no person joins another group or otherwise acts in a way which would contravene the Tier 3 Regulations.]

(2) In this regulation, “relevant premises” has the same meaning as in the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020.]

Restrictions on [F29hospitality] undertakingsE+W

2.—(1) A person responsible for carrying on a business of a public house, café, restaurant or other relevant business must, during the emergency period, take all reasonable measures to ensure that—

F30(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)an appropriate distance is maintained between tables occupied by [F31persons who are not in the same qualifying group].

F32(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(1E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of this regulation—

(a)an “appropriate distance” means a distance between tables of—

(i)at least two metres, or

(ii)at least one metre, if—

(aa)there are barriers or screens between tables;

(bb)the tables are arranged with back to back seating, or otherwise arranged to ensure that persons sitting at one table do not face any person sitting at another table at a distance of less than two metres; or

(cc)other measures are taken to limit the risk of transmission of the coronavirus between people sitting at different tables;

(b)a “relevant business” is a business which provides food or drink for consumption on its premises.

[F33Requirements relating to signage and informationE+W

2A.(1) A responsible person must, during the emergency period—

(a)display a notice providing the information in paragraph (2); or

(b)take other measures to ensure that any person who enters the relevant area without wearing a face covering is given the information specified in paragraph (4).

(2) The information referred to in paragraph (1)(a) is that any person present at the relevant area is required to wear a face covering under the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) Regulations 2020 unless an exemption under those Regulations applies to the person or the person has a reasonable excuse under those Regulations not to wear a face covering; and

(3) A notice under paragraph (1)(a) must be displayed in a conspicuous location at the relevant area

(4) The information to be given to the person under paragraph (1)(b) is that the person is required to wear a face covering unless an exemption applies to the person or the person has a reasonable excuse not to wear a face covering

(5) For the purposes of this regulation, a business is carried on in a relevant area if any part of the premises from which the business operates is in the relevant area.

Prohibition on preventing a person from wearing a face coveringE+W

2B.(1) A responsible person must not, during the emergency period, prevent, or seek to prevent, any relevant person from wearing a face covering while the relevant person is present at the relevant area.

(2) In this regulation, a “relevant person” is a person required to wear a face covering under regulation 3(1) of the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) Regulations 2020 while present at the relevant area.]

Offences and penaltiesE+W

3.—(1) A person who without reasonable excuse contravenes a requirement in [F34regulation 1A, 2, 2A or 2B] commits an offence.

(2) An offence under this regulation is punishable on summary conviction by a fine.

(3) If an offence under this regulation committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of an officer of the body, or

(b)to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.

(4) In paragraph (3), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.

(5) Section 24 of the Police and Criminal Evidence Act 1984 F35 applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—

(a)to maintain public health;

(b)to maintain public order.

F351984 c. 60. Section 24 was substituted by s. 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).

Commencement Information

I3Reg. 3 in force at 18.9.2020, see reg. 1(1)

Fixed penalty noticesE+W

4.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person reasonably believes—

(a)has committed an offence under these Regulations; and

(b)is aged 18 or over.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to an authority specified in the notice.

(3) The authority specified in the notice must be—

(a)the local authority (or as the case may be, any of the local authorities) in whose area the offence is alleged to have been committed (“the relevant local authority”), or

(b)an officer designated by the Secretary of State, or by the relevant local authority, for the purposes of this regulation (“the designated officer”).

(4) Where a person is issued with a notice under this regulation in respect of an offence—

(a)no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice;

(b)the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(5) A fixed penalty notice must—

(a)give reasonably detailed particulars of the circumstances alleged to constitute the offence;

(b)state the period during which (because of paragraph (4)(a)) proceedings will not be taken for the offence;

(c)specify the amount of the fixed penalty;

(d)state the name and address of the person to whom the fixed penalty may be paid;

(e)specify permissible methods of payment.

(6) The amount specified under paragraph (5)(c) must, subject to paragraph (7), be £1,000.

(7) Unless paragraph (8) applies, a fixed penalty notice must specify that if £500 is paid before the end of the period of 14 days following the date of the notice that is the amount of the fixed penalty.

(8) If the person to whom a fixed penalty notice is given has already received a fixed penalty notice under these Regulations—

(a)paragraph [F36(7)] does not apply, and

(b)the amount specified as the fixed penalty is to be—

(i)in the case of the second fixed penalty notice received, £2,000;

(ii)in the case of the third [F37fixed penalty notice] received, £4,000.

[F38(iii)in the case of the fourth and subsequent fixed penalty notices received, £10,000.]

[F39(8A) In determining how many fixed penalty notices a person has received, fixed penalty notices issued to that person under the following Regulations are to be taken into account—

(a)[F40the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020], where the fixed penalty notice relates to an offence for contravening a requirement in regulation 4A or 4B of those Regulations;

(b)the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020.]

[F41(c)the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020, where the fixed penalty notice relates to a business restriction offence, as defined by regulation 14(7D) of those Regulations, committed on or after 14th October 2020;

(d)the Principal Regulations, where the fixed penalty notice relates to a business restriction offence as defined by regulation 6(12) of those Regulations;]

[F42(e)the Tier 2 Regulations, where the fixed penalty notice relates to a business restriction offence as defined by regulation 6(12) of those Regulations;]

[F43(f)the Tier 3 Regulations, where the fixed penalty notice relates to a business restriction offence as defined by regulation 6(12) of those Regulations.]

(9) Whatever other method may be specified under paragraph (5)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (5)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(10) Where a letter is sent as mentioned in paragraph (9), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(11) In any proceedings, a certificate—

(a)that purports to be signed by or on behalf of—

(i)the chief finance officer of the relevant local authority, where the authority to which payment is made is a local authority, or

(ii)the designated officer, where that officer is the authority to which payment is made; and;

(b)states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate;

is evidence of the facts stated.

(12) In this regulation—

(a)authorised person” means—

(i)a constable;

(ii)a police community support officer;

(iii)a person designated by the Secretary of State for the purposes of this regulation;

(iv)a person designated by the relevant local authority for the purposes of this regulation;

(b)a “chief finance officer”, in relation to a local authority, means the person with responsibility for the authority's financial affairs.

Commencement Information

I4Reg. 4 in force at 18.9.2020, see reg. 1(1)

ProsecutionsE+W

5.  Proceedings for an offence under these Regulations may be brought by the Crown Prosecution Service and any person designated by the Secretary of State.

Commencement Information

I5Reg. 5 in force at 18.9.2020, see reg. 1(1)

ReviewE+W

6.  The Secretary of State must review the need for the requirements imposed by these Regulations before the end of the period of six months beginning with the day on which they come into force.

Commencement Information

I6Reg. 6 in force at 18.9.2020, see reg. 1(1)

ExpiryE+W

7.—(1) These Regulations expire at the end of the period of 364 days beginning with the day on which they come into force.

(2) This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.

Commencement Information

I7Reg. 7 in force at 18.9.2020, see reg. 1(1)

DesignationsE+W

8.  A person who is designated for the purposes of regulation 9(13) or 10 [F44of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 or regulation 6(16) or 7] of the Principal Regulations is to be treated as if they were designated for the purposes of regulation 4(12)(a) or 5 as appropriate, of these Regulations.

Commencement Information

I8Reg. 8 in force at 18.9.2020, see reg. 1(1)

Nadhim Zahawi

Parliamentary Under Secretary of State for Business and Industry

Department for Business, Energy and Industrial Strategy

Explanatory Note

(This note is not part of the Regulations)

These Regulations require certain undertakings in the hospitality industry, to take measures to ensure that their customers follow the rules on social distancing. The Secretary of State must carry out a review of the need for the requirements in these Regulations within the period of six months of their coming into force.

No regulatory impact assessment has been prepared for these Regulations.

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