SCHEDULE 5Consequential amendments and transitional and saving provisions

PART 1Consequential amendments

1

In the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020, in regulation 9(9), after sub-paragraph (n) insert—

o

the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, other than notices issued in respect of a business restriction offence as defined by regulation 12(7) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 2 of Schedule 1, paragraph 3 of Schedule 2 or paragraph 3 of Schedule 3 to those Regulations.

2

1

Regulation 14 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 is amended as follows.

2

In paragraph (7C), after sub-paragraph (g) insert—

h

the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, if the notice was issued in respect of a business restriction offence as defined by regulation 12(7) of those Regulations.

3

In paragraph (8), after sub-paragraph (n) insert—

o

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

4

In paragraph (8A), after sub-paragraph (f) insert—

g

the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, if the notice was issued to the person in respect of a business restriction offence as defined by regulation 12(7) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 2 of Schedule 1, paragraph 3 of Schedule 2 or paragraph 3 of Schedule 3 to those Regulations.

3

In the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020, in regulation 18(7A), after sub-paragraph (g) insert—

h

the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, where the fixed penalty notice relates to a business restriction offence as defined by regulation 12(7) of those Regulations.

4

1

The Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020 are amended as follows.

2

In regulation 1—

a

omit paragraph (2A);

b

in paragraph (3)—

i

in sub-paragraph (b), for “the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020” substitute “the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020”;

ii

in sub-paragraph (c), for “the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 ceases” substitute “the Principal Regulations cease”;

iii

in sub-paragraph (d), for “5(5) of Schedule 1” substitute “4(2) of Schedule 1, or (in relation to the Tier 2 area) paragraph 7(2) of Schedule 2,”;

iv

for sub-paragraphs (fa) and (fb) substitute—

fa

“Tier 2 area” has the meaning given by regulation 8(4)(d) of the Principal Regulations;

fb

“Tier 3 area” has the meaning given by regulation 8(4)(f) of the Principal Regulations;

v

in sub-paragraph (h) omit “for the purposes of the Tier 2 Regulations” and “for the purposes of the Tier 3 Regulations”.

3

In regulation 1A—

a

in paragraph (1), in the opening words, omit “for the purposes of the Tier 2 Regulations” and “for the purposes of the Tier 3 Regulations”;

b

in paragraph (1A)—

i

in the opening words, omit “for the purposes of the Tier 2 Regulations”;

ii

in sub-paragraph (a)(i), for “paragraph 5 of Schedule 1 to the Tier 2 Regulations” substitute “paragraph 4 of Schedule 2 to the Principal Regulations”;

iii

in sub-paragraph (a)(ii), for “paragraph 4 of Schedule 1 to the Tier 2 Regulations” substitute “paragraph 4 or 5 of Schedule 2 to the Principal Regulations”;

iv

in sub-paragraph (b)(i), for “paragraph 5 of Schedule 1 to the Tier 2 Regulations” substitute “paragraph 4 of Schedule 2 to the Principal Regulations”;

v

in sub-paragraph (b)(ii), for “paragraph 4 of Schedule 1 to the Tier 2 Regulations” substitute “paragraph 4 or 5 of Schedule 2 to the Principal Regulations”;

vi

in sub-paragraph (c) for “Tier 2” substitute “Principal”;

c

omit paragraph (1B).

4

In regulation 4, in paragraph (8A)—

a

in sub-paragraph (d), for “the Principal Regulations” substitute “the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020”;

b

in sub-paragraph (e), for “the Tier 2 Regulations” substitute “the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020”;

c

in sub-paragraph (f), for “the Tier 3 Regulations” substitute “the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020”;

d

after sub-paragraph (g) insert—

h

the Principal Regulations, where the fixed penalty notice relates to a business restriction offence as defined by regulation 12(7) of those Regulations.

5

In regulation 8, for “6(16) or 7” substitute “11(9) or 13”.