The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020

[F1 Exceptions to paragraphs 10 and 11 E+W

12.— (1) Paragraphs 10(1) and 11(1) do not prevent the use of—

(a) any premises used for a restricted business or restricted service—

(i) to provide essential voluntary services or urgent public support services, including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency;

(ii) for the purposes of voting, counting of votes or activities ancillary to voting or the counting of votes in an election or referendum which is held—

(aa) in accordance with provision made by or under an Act, or

(bb) in accordance with the laws or regulations of a country or territory outside the United Kingdom, but in respect of which arrangements are made by a consular post or diplomatic mission in the United Kingdom for persons eligible to vote in that election or referendum to vote in the United Kingdom;

(b) any premises used for the making of a film, television programme, audio programme or audio-visual advertisement;

(c) facilities for training by elite sportspersons including indoor gyms, fitness studios, skating rinks, snooker and pool halls and other indoor sports facilities;

(d) indoor fitness and dance studios, and skating rinks by professional dancers and choreographers (and for this purpose a person is a professional dancer or choreographer if the person derives their living from dance or from choreographing dance);

(e) indoor gyms, fitness studios, indoor sports facilities and other indoor leisure centres for supervised activities for children, or for persons who have a disability and who are not elite sportspersons to take part in any fitness related activity;

(f) indoor gyms, fitness studios, indoor swimming pools, indoor sports facilities and other indoor leisure centres—

(i) by schools or providers for post-16 education or training (as defined in paragraph 1(8)(e) of Schedule 17 to the Coronavirus Act 2020),

(ii) in facilities in criminal justice accommodation, immigration detention accommodation or an establishment intended for use by Her Majesty’s armed forces or for the purposes of the Department of the Secretary of State responsible for defence;

(g) theatres and concert halls for—

(i) education and training of a kind mentioned in paragraph 6(3),

(ii) rehearsal, or

(iii) performance without an audience for broadcast or recording purposes;

(h) theatres, conference centres and exhibition halls for use, at the request of the Secretary of State in connection with a government programme responding to the incidence and spread of coronavirus in England.

(2) Paragraph 10(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 which is not a restricted business, or providing services which are not restricted services—

(i) in premises which are separate from the premises used for the closed business,

(ii) by making deliveries or otherwise providing services in response to orders received—

(aa) through a website, or otherwise by online communication,

(bb) by telephone, including orders by text message, or

(cc) by post, or

(iii) to a purchaser who collects goods that have been pre-ordered by a means mentioned in sub-paragraph (ii), provided the purchaser does not enter inside the premises to do so, or

(b) operating a café or restaurant solely to sell food or drink for consumption off the premises, if the café or restaurant is separate from the premises used for the closed business.

(3) For the purposes of sub-paragraph (2), a premises, café or restaurant (“PCR”) is separate from premises used for the closed business if—

(a) the PCR is in a self-contained unit, and

(b) it is possible for a member of the public to enter the PCR from a place outside the premises used for the closed business.]

Textual Amendments

F1 Sch. 3A inserted (20.12.2020 at 7.00 a.m.) by The Health Protection (Coronavirus, Restrictions) (All Tiers and Obligations of Undertakings) (England) (Amendment) Regulations 2020 (S.I. 2020/1611), regs. 1(2), 2(13)