Exceptions
3.—(1) These are the exceptions referred to in paragraphs 1 and 2(5)(c).
Exception 1: same or linked households
(2) Exception 1 is that all the people in the gathering—
(a)are members of the same household, or
(b)are members of two households which are linked households in relation to each other (see paragraph 4).
Exception 2: permitted organised gatherings
(3) Exception 2 is that—
(a)the gathering is a permitted organised gathering for the purposes of this paragraph (see paragraph 5), and
(b)the person concerned participates in the gathering alone or as a member of a qualifying group.
Exception 3: gatherings necessary for certain purposes
(4) Exception 3 is that the gathering is reasonably necessary—
(a)for work purposes or for the provision of voluntary or charitable services;
(b)for the purposes of education or training;
(c)for the purposes of—
(i)childcare provided by a person registered under Part 3 of the Childcare Act 2006(1), or
(ii)supervised activities for children;
(d)to provide emergency assistance;
(e)to enable one or more persons in the gathering to avoid injury or illness or to escape a risk of harm;
(f)to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006(2);
(g)for the purposes of arrangements for access to, and contact between, parents and children where the children do not live in the same household as their parents or one of their parents;
(h)for the purposes of arrangements for contact between siblings where they do not live in the same household and one or more of them is—
(i)a child looked after by a local authority, within the meaning of section 22 of the Children Act 1989(3), or
(ii)a relevant child, within the meaning of section 23A(4) of that Act;
(i)for the purposes of arrangements for prospective adopters (including their household) to meet a child or children who may be placed with the prospective adopters as provided for by an adoption placement plan drawn up in accordance with the Adoption Agencies Regulations 2005(5) (see regulation 35(2) of those Regulations).
Exception 4: legal obligations and proceedings
(5) Exception 4 is that the person concerned is fulfilling a legal obligation or participating in legal proceedings.
Exception 5: criminal justice accommodation
(6) Exception 5 is that the gathering takes place in criminal justice accommodation.
Exception 6: support groups
(7) Exception 6 is that the gathering—
(a)is of a support group (see paragraph 7(4)),
(b)consists of no more than 15 persons, and
(c)takes place at premises other than a private dwelling.
Exception 7: births
(8) Exception 7 is that the person concerned is attending a person giving birth (“M”) at M’s request.
Exception 8: marriages and civil partnerships etc
(9) Exception 8 is that the gathering consists of no more than 15 persons and—
(a)it is for the purposes of—
(i)the solemnisation of a marriage, formation of a civil partnership or conversion of a civil partnership into a marriage, in accordance with the Marriage Act 1949(6), the Marriage (Registrar General’s Licence) Act 1970(7) or the Civil Partnership Act 2004(8), or
(ii)an alternative wedding ceremony (see paragraph 7(5)), and
(b)the gathering organiser or manager takes the required precautions in relation to the gathering (see paragraph 6).
Exception 9: wedding and civil partnership receptions
(10) Exception 9 is that the gathering is for the purposes of a wedding reception, a reception following the formation of a civil partnership or a reception following the conversion of a civil partnership into a marriage and—
(a)it consists of no more than 15 persons,
(b)it takes place in premises other than a private dwelling, and
(c)the gathering organiser or manager takes the required precautions in relation to the gathering (see paragraph 6).
Exception 10: funerals
(11) Exception 10 is that—
(a)the gathering is for the purposes of a funeral,
(b)the gathering consists of no more than 30 persons,
(c)the gathering takes place—
(i)at premises, other than a private dwelling, which are operated by a business, a charitable, benevolent or philanthropic institution or a public body,
(ii)at premises, other than a private dwelling, which are part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body, or
(iii)in a public outdoor place not falling within sub-paragraph (i) or (ii), and
(d)the gathering organiser or manager (in the case of a gathering taking place at premises mentioned in paragraph (c)(i) or (ii)) or the gathering organiser (in the case of a gathering taking place as mentioned in paragraph (c)(iii)) takes the required precautions in relation to the gathering (see paragraph 6).
Exception 11: commemorative event following a person’s death
(12) Exception 11 is that—
(a)the gathering is for the purposes of a commemorative event to celebrate the life of a person who has died (for example, a wake or stone setting ceremony),
(b)the gathering consists of no more than 15 persons,
(c)the gathering takes place at premises other than a private dwelling, and
(d)the gathering organiser or manager takes the required precautions in relation to the gathering (see paragraph 6).
Exception 12: protests
(13) Exception 12 is that the gathering is for the purposes of protest and—
(a)it has been organised by a business, a charitable, benevolent or philanthropic institution, a public body or a political body, and
(b)the gathering organiser takes the required precautions in relation to the gathering (see paragraph 6).
Exception 13: elite sports
(14) Exception 13 is that—
(a)the person concerned is an elite sportsperson, the coach of an elite sportsperson or (in the case of an elite sportsperson who is a child) the parent of an elite sportsperson, and
(b)the gathering is necessary for training or competition.
Exception 14: other sports
(15) Exception 14 is that the person concerned is taking part in an outdoor sports gathering or a permitted indoor sports gathering (see paragraph 7(6)).
Exception 15: outdoor activities
(16) Exception 15 is that the gathering takes place outdoors (whether or not in a public outdoor place) and—
(a)it is for the purposes of a relevant outdoor activity (see paragraph 7(8)), and
(b)the gathering organiser takes the required precautions in relation to the gathering (see paragraph 6).
Exception 16: Remembrance Sunday
(17) Exception 16 is that—
(a)the gathering takes place to commemorate Remembrance Sunday,
(b)the persons attending the gathering are limited to—
(i)persons there as part of their work,
(ii)persons providing voluntary services in connection with the event,
(iii)members of the armed forces,
(iv)veterans of the armed forces or their representatives or carers,
(v)spectators who participate in the gathering alone or as a member of a qualifying group, and
(c)the gathering organiser or manager takes the required precautions in relation to the gathering (see paragraph 6).
2006 c. 47. Paragraph 7(1) to (3E) were substituted for paragraph 7(1) to (3) by section 66(2) of the Protection of Freedoms Act 2012 (c. 9).
Section 23A was inserted by the Children (Leaving Care) Act 2000 (c. 35).