SCHEDULE 1Tier 3 restrictions
PART 1Restrictions on gatherings
Participation in gatherings indoors and in private dwellings1
1
No person may participate in a gathering in the Tier 3 area which—
a
consists of two or more people, and
b
takes place in a private dwelling or in any indoor space.
2
No person living in the Tier 3 area may participate in a gathering outside that area which—
a
consists of two or more people, and
b
takes place in a private dwelling or in any indoor space.
3
Participation in gatherings outdoors2
1
No person may participate in a gathering in the Tier 3 area which—
a
takes place outdoors in a place which satisfies the conditions in sub-paragraph (4) and consists of more than six people, or
b
takes place in any other outdoor place and consists of two or more people.
2
No person living in the Tier 3 area may participate in a gathering outside that area which—
a
takes place outdoors in in a place which satisfies the conditions in sub-paragraph (4), and consists of more than six people, or
b
takes place in any other outdoor place and consists of two or more people.
3
4
Subject to sub-paragraph (5), a place satisfies the conditions in this sub-paragraph if it is a public outdoor place, and
a
no payment is required by any member of the public to access that place, or
b
the place falls within one of the following categories—
i
outdoor sports grounds or sports facilities;
ii
botanical gardens;
iii
gardens or grounds of a castle, stately home or historic house.
5
A place does not satisfy the conditions in sub-paragraph (4) if it is a fairground or funfair.
Organisation or facilitation of gatherings3
1
No person may hold, or be involved in the holding of, a relevant gathering in the Tier 3 area.
2
For the purposes of sub-paragraph (1) a person who only participates in a gathering by attending it is not to be taken as being involved in the holding of the gathering.
3
A gathering is a “relevant gathering” for the purposes of this paragraph if it falls within sub-paragraph (4) or (5).
4
A gathering falls within this sub-paragraph if it—
a
consists of more than 30 persons,
b
takes place indoors, and
c
would be a gathering of the kind mentioned in section 63(1) of the Criminal Justice and Public Order Act 199426 (powers to remove persons attending or preparing for a rave) if it took place in the open air.
5
A gathering falls within this sub-paragraph if (not falling within sub-paragraph (4)) it—
a
consists of more than 30 persons,
b
takes place—
i
in a private dwelling,
ii
on a vessel, or
iii
on land which satisfies the condition in sub-paragraph (6), and
6
Land satisfies the condition in this sub-paragraph if it is a public outdoor place which is not—
a
operated by a business, a charitable, benevolent or philanthropic institution, or
b
part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution, or a public body.
7
In sub-paragraph (5)(b)(ii) “vessel” means any ship, boat, barge, lighter or raft and any other description of craft, whether used in navigation or not, but does not include government vessels, vessels used for public transport or houseboats.
8
In applying for the purposes of sub-paragraph (5)(c) the exceptions set out in paragraph 4, the following do not apply—
a
paragraph 4(3)(a), so far as relating to gatherings in public outdoor places operated by public bodies;
b
paragraph 4(3)(b).
General exceptions in relation to gatherings4
1
These are the exceptions referred to in paragraphs 1 and 2.
2Exception 1: same or linked households
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 7).
3Exception 2: permitted organised gatherings
Exception 2 is that—
a
the gathering is a permitted organised gathering (see paragraph 9), and
b
the person concerned participates in the gathering alone or as a member of a qualifying group.
4Exception 3: gatherings necessary for certain purposes
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 200627, 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 200628;
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 198929, or
ii
a relevant child, within the meaning of section 23A30 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 200531 (see regulation 35(2) of those Regulations);
j
to facilitate a house move.
5Exception 4: legal obligations and proceedings
Exception 4 is that the person concerned is fulfilling a legal obligation or participating in legal proceedings.
6Exception 5: criminal justice accommodation
Exception 5 is that the gathering takes place in criminal justice accommodation.
7Exception 6: support groups
Exception 6 is that the gathering—
a
is of a support group (see paragraph 11(1)),
b
consists of no more than 15 persons, and
c
takes place at premises other than a private dwelling.
8Exception 7: births
Exception 7 is that the person concerned is attending a person giving birth (“M”) at M’s request.
9Exception 8: marriages and civil partnerships etc
Exception 8 is that the gathering consists of no more than 15 persons and—
b
the gathering organiser or manager takes the required precautions in relation to the gathering (see paragraph 10).
10Exception 9: funerals
Exception 9 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 at premises, other than a private dwelling, which—
i
are operated by a business, a charitable, benevolent or philanthropic institution or a public body, or
ii
are part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body, and
d
the gathering organiser or manager takes the required precautions in relation to the gathering (see paragraph 10).
11Exception 10: commemorative event following a person’s death
Exception 10 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 10).
12Exception 11: protests
Exception 11 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 10).
13Exception 12: elite sports
Exception 12 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.
14Exception 13: other sports
15Exception 14: Remembrance Sunday
Exception 14 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 10).
Exceptions in relation to indoor gatherings5
1
These are the exceptions relating only to indoor gatherings.
2Exception 1: visiting a dying person
Exception 1 is that the person concerned (“P”) is visiting a person whom P reasonably believes is dying (“D”), and P is—
a
a member of D’s household,
b
a close family member of D,
c
a friend of D.
3Exception 2: visiting persons receiving treatment etc
Exception 2 is that the person concerned (“P”) is visiting a person (“V”) receiving treatment in a hospital or staying in a hospice or care home, or is accompanying V to a medical appointment and P is—
a
a member of V’s household,
b
a close family member of V, or
c
a friend of V.
4Exception 3: informal childcare
Exception 3 is that the gathering is reasonably for the purposes of informal childcare provided by a member of a household to a member of their linked childcare household (see paragraph 8).
Exception in relation to outdoor gatherings6
1
This exception relates only to outdoor gatherings.
2Exception: outdoor activities
This exception is that—
a
The gathering is for the purposes of a relevant outdoor activity (see paragraph 11(6)), and
b
the gathering organiser takes the required precautions in relation to the gathering (see paragraph 10).
Linked household7
1
For the purposes of this Part of this Schedule, a “linked household” means a household that is linked with another household in accordance with this paragraph.
2
Where a household comprises one adult, or one adult and one or more persons who were under the age of 18 on 12th June 2020 (“the first household”), the adult may choose to be linked with one other household (“the second household”).
3
But sub-paragraph (2) applies only if—
a
all adult members of the second household agree,
b
neither the first household nor the second household are linked with any other household for the purposes of these Regulations or any other regulations made under Part 2A of the Public Health (Control of Disease) Act 1984, and
c
neither of those households were, in the period beginning with 14th September 2020 and ending with 14th October 2020, linked with any other household for the purposes of any other regulations made under that Part.
4
There is no limit on the number of adults or children who may be in the second household.
5
The first and second households are “linked households” in relation to each other.
6
The first and second households cease to be linked households if neither household satisfies the condition in sub-paragraph (2).
7
Once the first and second households have ceased to be linked households, neither the first household nor the second household may be linked with any other household.
8
The references in sub-paragraph (3) to neither household being linked with any other household does not include being linked with another household only for the purposes of informal childcare in accordance with regulations made under Part 2A of the Public Health (Control of Disease) Act 1984.
Linked childcare household8
1
For the purposes of this Part of this Schedule, a “linked childcare household” means a household that is linked with another household for the purposes of informal childcare in accordance with this paragraph.
2
Where a household includes at least one child aged 13 or under (“the first household”), that household may link with one other household (“the second household”) for the purpose of the second household providing informal childcare to the child aged 13 or under in the first household if—
a
neither the first household nor the second household are linked with any other household for that purpose in accordance with this paragraph or a provision of any other regulations made under Part 2A of the Public Health (Control of Disease) Act 1984, and
b
all the adult members of both households agree.
3
The first household and the second household are “linked childcare households” in relation to each other.
4
The first household and the second household cease to be linked childcare households when neither household includes a child aged 13 or under.
5
Once the first household and the second household cease to be linked childcare households, neither household may be a linked childcare household with any other household.
Permitted organised gatherings and qualifying groups9
1
A gathering is a permitted organised gathering for the purposes of this Part of this Schedule if sub-paragraph (2) or (3) applies.
2
This sub-paragraph applies to a gathering if it takes place on or at premises, other than a private dwelling, which are—
a
operated by a business, a charitable, benevolent or philanthropic institution or a public body, or
b
part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body.
3
This sub-paragraph applies to a gathering if it takes place in a public outdoor place not falling within sub-paragraph (2) and—
a
the gathering 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 10).
4
A person participates in a gathering as a member of a qualifying group only if the person is a part of a qualifying group and, whilst participating in the gathering, the person does not—
a
become a member of any other group of persons participating in the gathering (whether or not that group is a qualifying group), or
b
otherwise mingle with any person who is participating in the gathering but is not a member of the same qualifying group as them.
5
In sub-paragraph (4) “qualifying group”, in relation to a gathering, means—
a
in the application of this paragraph for the purposes of indoor gatherings, a group of people who are participating in the gathering which consists only of persons who are members of the same household, or are members of two households which are linked households in relation to each other;
b
in the application of this paragraph for the purposes of outdoor gatherings, a group of people who are participating in that gathering and which—
i
consists of no more than 6 persons, or
ii
consists only of persons who are members of the same household, or are members of two households which are linked households in relation to each other.
The required precautions10
1
The gathering organiser or (as the case may be) the manager in relation to a gathering takes the required precautions for the purposes of this Part of this Schedule by meeting both of the following requirements.
2
The first requirement is that the organiser or manager has carried out a risk assessment that would satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 199935 (whether or not the organiser or manager is subject to those Regulations).
3
The second requirement is that the organiser or manager has taken all reasonable measures to limit the risk of transmission of the coronavirus, taking into account—
a
the risk assessment carried out under sub-paragraph (2), and
b
any guidance issued by the government which is relevant to the gathering.
Further interpretation11
1
In paragraph 4(7), “support group” means a group which is organised by a business, a charitable, benevolent or philanthropic institution or a public body to provide mutual aid, therapy or any other form of support to its members or those who attend its meetings, for example those providing support—
a
to victims of crime (including domestic abuse);
b
to those with, or recovering from, addictions (including alcohol, narcotics or other substance addictions) or addictive patterns of behaviour;
c
to new parents;
d
to those with, or caring for persons with, any long-term illness or terminal condition or who are vulnerable;
e
to those facing issues related to their sexuality or identity including those living as lesbian, gay, bisexual or transgender;
f
to those who have suffered bereavement.
2
In paragraph 4(9), a gathering is for the purposes of an “alternative wedding ceremony” if—
a
it is for the purposes of a ceremony, including a ceremony based on a person’s faith or belief or lack of belief, to mark the union of two people, other than a ceremony conducted for a purpose mentioned in paragraph 4(9)(a)(i), and
b
it 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).
3
In paragraph 4(14)—
a
an “outdoor sports gathering” means a gathering—
i
which is organised by a business, a charitable, benevolent or philanthropic organisation or a public body for the purposes of allowing persons who are not elite sportspersons to take part in any sport or other fitness related activity,
ii
which takes place outdoors, and
iii
in respect of which the gathering organiser or manager complies with the required precautions (see paragraph 10);
b
a “permitted indoor sports gathering” means a gathering which is organised for the purposes of allowing persons who have a disability and who are not elite sportspersons to take part in any sport or other fitness related activity, and—
i
which is organised by a business, a charitable, benevolent or philanthropic institution or a public body,
ii
which takes place indoors on relevant premises, and
iii
in respect of which the gathering organiser or manager of the relevant premises complies with the required precautions (see paragraph 10),
and a person taking part in a sports gathering does not include a spectator or the parent of a child taking part in the gathering.
4
For the purposes of sub-paragraph (3)—
a
“relevant premises” means premises (other than a private dwelling)—
i
which are operated by a business, a charitable, benevolent or philanthropic institution or a public body, or
ii
which are part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body;
b
a person has a disability if they have a physical or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day-to-day activities.
5
Regulations 3 to 5 of the Equality Act 2010 (Disability) Regulations 201036 apply in considering for the purposes of sub-paragraph (6)(b) whether a person has an impairment.
6
In paragraph 6(2) “relevant outdoor activity” means a physical activity which is carried on outdoors and for which a licence, permit or certificate issued by a public body to carry on the activity, or for any equipment used for the purposes of the activity, must be held by—
a
the gathering organiser, or
b
any person taking part in the activity.
7
In sub-paragraph (7), the reference to a licence does not include a licence to drive a motor vehicle in the United Kingdom or to serve food or alcohol.
Part 1 of this Schedule: general interpretation12
1
This paragraph applies for the purposes of this Part of this Schedule.
2
A gathering takes place when two or more persons are present together in the same place in order—
a
to engage in any form of social interaction with each other, or
b
to undertake any other activity with each other.
3
A gathering takes place in the Tier 3 area if any part of the place where it takes place is in the Tier 3 area.
4
5
A place is a “public outdoor place” if it is an outdoor place to which the public have, or are permitted, access (whether on payment or otherwise) and includes—
a
land laid out as a public garden or used for the purpose of recreation by members of the public;
b
c
d
any highway to which the public has access;
e
Crown land to which the public has access.
6
References to a “private dwelling”—
a
include references to a houseboat and any garden, yard, passage, stair, outhouse or other appurtenance of the dwelling;
b
do not, except in paragraph 9(2), include references to the following—
i
accommodation in a hotel, hostel, campsite, caravan park, members club, boarding house or bed and breakfast accommodation;
ii
care homes;
iii
children’s homes, within the meaning of section 1 of the Care Standards Act 2000;
iv
Residential Family Centres, within the meaning of section 4 of that Act;
v
educational accommodation;
vi
accommodation intended for use by the army, navy or air force;
vii
criminal justice accommodation.
7
“A charitable, benevolent or philanthropic institution” means—
a
a charity, or
b
an institution, other than a charity, established for charitable, benevolent or philanthropic purposes.
8
“Childcare” has the same meaning as in section 18 of the Childcare Act 200643.
9
“Educational accommodation” means—
a
accommodation provided for students whilst they are boarding at school, and
b
halls of residence provided for students attending higher education courses and equivalent accommodation provided for students attending further education courses.
10
“Elite sportsperson” means an individual who—
a
derives a living from competing in a sport,
b
is a senior representative nominated by a relevant sporting body,
c
is a member of the senior training squad for a relevant sporting body, or
d
is aged 16 or above and is on an elite development pathway.
11
“The gathering organiser”, in relation to a gathering, means the person responsible for organising the gathering.
12
“The manager”, in relation to a gathering, means the person responsible for the management of the premises on which the gathering takes place.
13
“A political body” means—
a
a political party registered under Part 2 of the Political Parties, Elections and Referendums Act 200044, or
b
a political campaigning organisation within the meaning of regulation 2 of the Health and Social Care (Financial Assistance) Regulations 200945.
14
For the purposes of the definition of “elite sportsperson” in sub-paragraph (11)—
a
“elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—
i
so that they may derive a living from competing in that sport, or
ii
to compete in that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham;
b
“relevant sporting body” means the national governing body of a sport which may nominate sportspersons to represent—
i
Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or
ii
England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;
c
“senior representative” means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—
i
Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or
ii
England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.
15
References to a “vulnerable person” include—
a
any person aged 70 or older;
b
any person aged under 70 who has an underlying health condition, including (but not limited to) the conditions listed in sub-paragraph (17);
c
any person who is pregnant.
16
The conditions referred to in sub-paragraph (16)(b) are—
a
chronic (long-term) respiratory diseases, such as asthma, chronic obstructive pulmonary disease, emphysema or bronchitis;
b
chronic heart disease, such as heart failure;
c
chronic kidney disease;
d
chronic liver disease, such as hepatitis;
e
chronic neurological conditions, such as Parkinson’s disease, motor neurone disease, multiple sclerosis, a learning disability or cerebral palsy;
f
diabetes;
g
problems with the spleen, such as sickle cell disease or removal of the spleen;
h
a weakened immune system as a result of conditions such as HIV and AIDS, or medicines such as steroid tablets or chemotherapy;
i
being seriously overweight with a body mass index of 40 or above.
PART 2Closure and restrictions on businesses
Restrictions on opening hours of businesses and services13
1
A person responsible for carrying on a restricted business or providing a restricted service (“P”) in the Tier 3 area must not carry on that business or provide that service between the hours of 22:00 and 05:00.
2
Where a restricted business or restricted service forms, or is provided as, part of a larger business and that larger business is not itself a restricted business, the person responsible for carrying on the larger business complies with the requirement in sub-paragraph (1) by not carrying on the restricted business, or by ceasing to provide the restricted service, between the hours of 22:00 and 05:00
3
Sub-paragraph (1) is subject to paragraph 14.
4
Exceptions from paragraph 13(1)14
1
Paragraph 13(1) does not prevent P selling food or drink for consumption off the premises between the hours of 22:00 and 05:00—
a
by making deliveries in response to orders received—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including orders by text message, or
iii
by post,
b
to a purchaser who collects food or drink that has been pre-ordered by a means mentioned in paragraph (a)(i) to (iii), provided the purchaser does not enter inside the premises to do so, or
c
to a purchaser who collects the food or drink in a vehicle, and to whom the food or drink is passed without the purchaser or any other person leaving the vehicle.
2
Where P’s restricted business or restricted service is carried on from, or provided at, a cinema, theatre or concert hall, paragraph 13(1) does not prevent P carrying on that business or providing that service at or after 22:00 hours for the purpose of concluding a performance which began before that time.
3
Paragraph 13(1) does not prevent P carrying on a restricted business, or providing a restricted service, of a kind specified in paragraph 19(2)(a) to (c) between the hours of 22:00 and 05:00 if—
a
the business or service is carried on or provided within a motorway service area, and
b
alcohol is not served between those hours in the carrying on of the business, or the provision of the service, concerned.
4
Paragraph 13(1) does not prevent P carrying on a restricted business, or providing a restricted service, of a kind specified in paragraph 19(2)(a) to (e) between the hours of 22:00 and 05:00 if—
a
the business or service is carried on or provided within a part of—
i
any airport or maritime port, or
ii
the international rail terminal area within the vicinity of Cheriton, Folkstone (as referred to in section 1(7)(b) of the Channel Tunnel Act 198746),
b
that part of the airport, maritime port or terminal area is accessible between the restricted hours to passengers, crew or other authorised persons but not to members of the general public, and
c
alcohol is not served between those hours in the carrying on of the business, or the provision of the service, concerned.
5
Paragraph 13(1) does not prevent P carrying on a restricted business, or providing a restricted service, of a kind specified in paragraph 19(2)(a) to (e) between the hours of 22:00 and 05:00 if—
a
the business or service is carried on or provided in an aircraft, train or vessel,
b
the aircraft, train or vessel is providing a public transport service, and
c
alcohol is not served between those hours in the carrying on of the business, or the provision of the service, concerned (subject to sub-paragraph (6)(b)).
6
In sub-paragraph (5)—
a
“public transport service” has the meaning given by regulation 2(2) of the Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 202047, but for these purposes does not include a service provided primarily for dining or other recreational purposes;
b
paragraph (c) does not apply in respect of the service of alcohol to persons who are seated on an aircraft.
7
Where P’s restricted business or restricted service is carried on from, or provided at, a workplace canteen, sub-paragraph (1) does not prevent P carrying on that business or service between the hours of 22:00 and 05:00 if there is no practical alternative for staff at that workplace to obtain food or drink between those hours.
8
In this Part of this Schedule “alcohol” has the meaning given in section 191 of the Licensing Act 200348.
Restrictions on service of food and drink for consumption on the premises15
1
A person responsible for carrying on a restricted business, or providing a restricted service, in the Tier 3 area which serves alcohol for consumption on the premises may sell food or drink for consumption on the premises only if—
a
the food or drink is ordered by, and served to, a customer who is seated on the premises, and
b
the person takes all reasonable steps to ensure that the customer remains seated whilst consuming the food or drink on the premises.
2
A person responsible for carrying on a restricted business, or providing a restricted service, in the Tier 3 area which does not serve alcohol for consumption on the premises may sell food or drink for consumption on the premises only if the person takes all reasonable steps to ensure that the customer remains seated whilst consuming the food or drink on the premises.
3
For the purposes of sub-paragraphs (1) and (2), an area adjacent to the premises of the restricted business or restricted service where seating is made available for its customers (whether or not by the business or the provider of the service) or which its customers habitually use for consumption of food or drink served by the business or service is to be treated as part of the premises of that business or service.
4
If a restricted business or restricted service (“business A”) forms part of a larger business (“business B”)—
a
the requirement in sub-paragraph (1)(a) does not apply where business B is a cinema, theatre or concert hall;
b
the person responsible for carrying on business B otherwise complies with the requirement in sub-paragraph (1) or (2) if that person complies with the requirement in relation to business A.
5
Sub-paragraphs (1) and (2) are subject to the restriction on opening hours in paragraph 13.
6
In this paragraph, “restricted business” and “restricted service” mean a business or service which—
a
is of a kind specified in paragraph 19(2);
b
is carried on from, or provided at, premises of a kind specified in paragraph 19(2).
Requirement to close businesses selling alcohol for consumption on the premises16
1
A person responsible for carrying on a business of a public house, bar or other business involving the sale of alcohol for consumption on the premises must cease to carry on that business, unless paragraph (2) applies.
2
This paragraph applies if alcohol is only served for consumption on the premises as part of a table meal, and the meal is such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal.
3
For the purposes of sub-paragraph (1)—
a
alcohol sold by a hotel or other accommodation as part of room service is not to be treated as being sold for consumption on its premises;
b
an area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business), or where customers gather to drink outside the business, is to be treated as part of the premises of that business.
4
For the purposes of this paragraph, a “table meal” is a meal eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purposes of a table.
Requirement to close premises and businesses17
1
A person responsible for carrying on a restricted business, or providing a restricted service, in the Tier 3 area must cease to carry on that business or provide that service.
2
Where a restricted business or restricted service forms, or is provided as, part of a larger business and that larger business is not itself a restricted business, the person responsible for carrying on the larger business complies with the requirement in sub-paragraph (1) by closing down the restricted business or by ceasing to provide the restricted service.
3
The requirement in sub-paragraph (1) is subject to the exceptions in paragraph 18.
4
In this paragraph “restricted business” and “restricted service” means a business or service which—
a
is of a kind specified in paragraph 19(4), or
b
is carried on from, or provided at, premises of a kind specified in paragraph 19(4).
Exceptions18
1
Paragraph 17(1) does not prevent the use of—
a
any premises used for a restricted business or service to host blood donation sessions;
b
facilities for training by elite sportspersons, including indoor gyms, fitness studios and indoor sports facilities;
c
indoor fitness and dance studios by professional dancers and choreographers;
d
indoor gyms, fitness studios and indoor sports facilities for supervised activities for children, or by persons who have a disability and who are not elite sportspersons to take part in any sport or other fitness related activity.
2
For the purposes of sub-paragraph (1)—
a
“elite sportsperson” has the meaning given in paragraph 12(10);
b
a person is a professional dancer or choreographer if that person derives their living from dance, or from choreographing dance, as the case may be;
c
a person who has a disability has the meaning given in paragraph 11(4).
3
Paragraph 17(1) does not prevent a person responsible for carrying on a restricted business or providing a restricted service (“the closed business”), from—
a
carrying on a business of offering goods for sale or for hire in a shop which is separate from the premises used for the closed business,
b
carrying on a business of offering goods for sale or for hire by making deliveries or otherwise providing services in response to orders received—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including orders by text message, or
iii
by post.
Restricted business and services for purposes of Part 2 of this Schedule19
1
The restricted businesses and restricted services for the purposes of this Part of this Schedule are those falling within sub-paragraphs (2), (3) or (4).
2
The following businesses and services fall within this sub-paragraph—
a
restaurants, including restaurants and dining rooms in hotels or members’ clubs;
b
businesses providing food or drink prepared on the premises for immediate consumption off the premises, but not including—
i
supermarkets,
ii
convenience stores, corner shops and newsagents,
iii
pharmacists and chemists, or
iv
petrol stations;
c
cafes, including workplace canteens, but not including—
i
cafes or canteens at a hospital, care home or school,
ii
canteens at criminal justice accommodation or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence, or
iii
services providing food or drink to the homeless;
d
bars, including bars in hotels or members’ clubs;
e
public houses;
f
social clubs.
3
The following businesses and services fall within this sub-paragraph—
a
bowling alleys;
b
cinemas;
c
theatres;
d
amusement arcades or other indoor leisure centres;
e
funfairs (indoors or outdoors), theme parks and adventure parks and activities;
f
bingo halls;
g
concert halls.
4
The following businesses and services fall within this sub-paragraph—
a
nightclubs;
b
dance halls;
c
discotheques;
d
any other venue (not falling with paragraph (b) or (c)) which—
i
opens at night,
ii
has a dance floor or other space for dancing by members of the public (and for these purposes members of the venue in question are to be considered members of the public), and
iii
provides music, whether live or recorded, for dancing;
e
sexual entertainment venues;
f
hostess bars;
g
casinos;
h
betting shops and adult gaming centres;
i
indoor gyms, fitness and dance studios;
j
indoor sports facilities.
5
A business or service does not fall within sub-paragraph (4)(b), (c) or (d) if it ceases to provide music and dancing.
6
In sub-paragraph (4)(e) “sexual entertainment venue” has the meaning given in paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 198249.
7
In sub-paragraph (4)(f) “hostess bar” has the meaning given by paragraph 3B of that Schedule50.
SCHEDULE 2Tier 3 area
The areas of the following are within the Tier 3 area—
1
Halton Borough Council;
2
Knowsley Metropolitan Borough Council;
3
Liverpool City Council;
4
Sefton Borough Council;
5
St Helens Borough Council; and
6
Wirral Metropolitan Borough Council.
SCHEDULE 3Amendments and transitional provisions
PART 1Amendments
Amendments of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 20201
1
Regulation 9 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 202051 is amended as follows.
2
In paragraph (9), at the end (but after paragraph (l) as inserted by the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020 respectively) insert—
m
Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020, other than notices issued in respect of a business restriction offence as defined by regulation 6(12) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 3 of Schedule 1 to those Regulations).
Amendments of the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 20202
In regulation 18 of the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 202052, in paragraph (7A)53 after sub-paragraph (e) (as inserted by the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020) insert—
f
the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020, where the fixed penalty notice relates to a business restriction offence as defined by regulation 6(12) of those Regulations.
Amendments of the Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 20203
1
The Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 202054 are amended as follows.
2
In regulation 1, in paragraph (3)—
a
after sub-paragraph (fa) (as inserted by Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020), insert—
fb
the “Tier 3 Regulations” means Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020;
b
in sub-paragraph (h) after “Tier 2 Regulations” insert “or of the Tier 3 area for the purposes of the Tier 3 Regulations”.
3
In regulation 1A—
a
in paragraph (1), in the opening words, after “Tier 2 Regulations” insert “or of the Tier 3 area for the purposes of the Tier 3 Regulations”;
b
after paragraph (1A), insert—
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.
4
In regulation 4, in paragraph (8A)55, after sub-paragraph (e) (as inserted by the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020) insert—
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.
PART 2Transitional provisions
4
1
A designation made, or treated as made, in exercise of the powers conferred by the following provisions is to be treated as if it had been made in exercise of the powers conferred by regulations 4(9)(b), 6(3)(b), 6(16)(a) or 7 (as appropriate) of these Regulations—
a
regulation 7(10)(b), 9(3)(b), 9(13) or 10 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020;
b
regulation 8(9)(c) or (d), 10(3)(b), 10(13) or 11 of the Health Protection (Coronavirus, Restrictions) (North of England) Regulations 2020;
c
regulation 8(9)(b)(iii) or (iv), 10(3)(b), 10(14)(a) or 11 of the Health Protection (Coronavirus, Restrictions) (Bolton) Regulations;
d
regulation 7(9)(c), 9(3), 9(14 or 10 of the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020;
e
regulation 8(9)(b)(iii) or (iv), 10(3)(b), 10(14)(a) or 11 of the Health Protection (Coronavirus, Restrictions) (North East and North West of England) Regulations 2020;
f
regulation 4(9)(b), 6(3)(b), 6(16) or 7 of the Health Protection (Coronavirus, COVID 19-Alert Level) (Medium) Regulations 2020;
g
regulation 4(9)(b), 6(3)(b), 6(16) or 7 of the Health Protection (Coronavirus, COVID 19-Alert Level) (High) Regulations 2020.