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PART 2Restrictions on gatherings in the North of England (other than in Blackburn with Darwen or Bradford)

Meaning of “the protected area” in Part 2

2.—(1) In this Part “the protected area” means the area falling within—

(a) Greater Manchester

(a)the area of Bolton Metropolitan Borough Council,

(b)the area of Bury Metropolitan Borough Council,

(c)the area of Manchester City Council,

(d)the area of Oldham Metropolitan Borough Council,

(e)the area of Rochdale Borough Council,

(f)the area of Salford City Council,

(g)the area of Stockport Metropolitan Borough Council,

(h)the area of Tameside Metropolitan Borough Council,

(i)the area of Trafford Metropolitan Borough Council,

(j)the area of Wigan Metropolitan Borough Council,

(k) Lancashire

(k)the area of Burnley Borough Council,

(l)the area of Hyndburn Borough Council,

(m)the area of Pendle Borough Council,

(n)the area of Rossendale Borough Council,

(o) West Yorkshire

(o)the area of Calderdale Metropolitan Borough Council, or

(p)the area of Kirklees Metropolitan Council.

(2) But this is subject to any change of protected area direction given by the Secretary of State.

Interpretation of Part 2: general

3.—(1) In this Part—

“change of protected area direction” has the meaning given in regulation 4(5);

“child” means a person under the age of 18;

“childcare” has the same meaning as in section 18 of the Childcare Act 2006(1);

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government department, or held in trust for Her Majesty for the purposes of a Government department, and includes any estate or interest held in right of the Prince and Steward of Scotland;

“Crown land” means land in which there is a Crown interest or a Duchy interest;

“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;

“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 on an elite development pathway;

“parent” of a child includes any person who is not a parent of the child but who has parental responsibility for, or who has care of, the child;

“parental responsibility” has the meaning given in section 3 of the Children Act 1989(2);

“the protected area” has the meaning given in regulation 2;

“public outdoor place” means any 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)

land which is “open country” as defined in section 59(2) of the National Parks and Access to the Countryside Act 1949(3), as read with section 16 of the Countryside Act 1968(4);

(c)

land which is “access land” for the purposes of Part 1 of the Countryside and Rights of Way Act 2000(5) (see section 1(1) of that Act(6));

(d)

any highway to which the public has access;

(e)

Crown land to which the public has access;

“vulnerable person” includes—

(a)

any person aged 70 or above;

(b)

any person who is under the age of 70 but has a medical condition which increases vulnerability to Covid-19 (the official designation of the disease which can be caused by coronavirus);

(c)

any person who is pregnant.

(2) For the purposes of the definition of “elite sportsperson” in paragraph (1)—

(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 at 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.

The emergency period and review of need for restrictions

4.—(1) For the purposes of this Part, the “emergency period”—

(a)starts when these Regulations come into force, and

(b)ends in relation to a restriction imposed by this Part on the day and at the time specified in a direction given by the Secretary of State under this regulation terminating the restriction.

(2) The Secretary of State must review the need for restrictions imposed by this Part at least once every 14 days, with the first review being carried out by 19th August 2020.

(3) As soon as the Secretary of State considers that any restriction set out in this Part is no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in England with the coronavirus, the Secretary of State must give a direction under this regulation terminating that restriction.

(4) A direction given under this regulation may—

(a)terminate any one or more specified restrictions (whether generally or in one or more specified local authority areas only);

(b)provide that any one or more specified local authority areas no longer fall within the protected area.

(5) A direction falling within paragraph (4)(b) is referred to in these Regulations as a “change of protected area direction”.

(6) Section 16 of the Interpretation Act 1978(7) applies in relation to the termination of a requirement by a direction as it applies in relation to the repeal of an enactment.

(7) Where the Secretary of State gives a change of protected area direction, the Secretary of State—

(a)must—

(i)publish it on www.gov.uk, and

(ii)arrange for notice of it to be given, as soon as is reasonably practicable, in the London Gazette;

(b)may publish it in such other manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by it.

(8) Any other direction given by the Secretary of State under this regulation must be published in such manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by it.

(9) In this regulation “specified” means specified in a direction given under this regulation.

Restrictions on gatherings in private dwellings

5.—(1) During the emergency period, unless paragraph (2) applies—

(a)no person may participate in a gathering in the protected area which consists of two or more persons and takes place in a private dwelling, including a houseboat;

(b)no person living in the protected area may participate in a gathering which consists of two or more persons and takes place in a private dwelling, including a houseboat, outside the protected area.

(2) This paragraph applies where—

(a)all the persons in the gathering are members of the same household or members of two households which are linked households in relation to each other;

(b)the person concerned is attending a person giving birth (“M”), at M’s request;

(c)the person concerned (“P”) is visiting a person P reasonably believes is dying (“D”), and P is—

(i)a member of D’s household,

(ii)a close family member of D,

(iii)a friend of D, or

(iv)where no-one falling within paragraphs (i) to (iii) is visiting D, any other person;

(d)the person concerned is fulfilling a legal obligation;

(e)the gathering is reasonably necessary—

(i)for work purposes, or for the provision of voluntary or charitable services,

(ii)for the purposes of education or training,

(iii)for the purposes of childcare provided by a person registered under Part 3 of the Childcare Act 2006(8),

(iv)to provide emergency assistance,

(v)to enable one or more persons in the gathering to avoid injury or illness or to escape a risk of harm,

(vi)to facilitate a house move,

(vii)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(9), or

(viii)to continue existing 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.

(3) For the purposes of this regulation—

(a)a “private dwelling” includes any garden, yard, passage, stair, outhouse or other appurtenance of the dwelling, and does not include—

(i)accommodation in a hotel, hostel, campsite, caravan park, members club, boarding house or bed and breakfast accommodation,

(ii)care homes, within the meaning of section 3 of the Care Standards Act 2000(10),

(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 the Care Standards Act 2000,

(v)educational accommodation,

(vi)accommodation intended for use by the army, navy or air force, or

(vii)criminal justice accommodation;

(b)“linked household” has the meaning given in regulation 6;

(c)there is a “gathering” when two or more people are present together in the same place in order to engage in any form of social interaction with each other, or to undertake any other activity with each other;

(d)a gathering is in the protected area if any part of the place where it takes place is in the protected area.

(4) For the purposes of paragraph (3)—

(a)“educational accommodation” means—

(i)accommodation provided for students whilst they are boarding at school;

(ii)halls of residence provided for students attending higher education courses, and equivalent accommodation provided for students attending further education courses;

(b)“criminal justice accommodation” means—

(i)a prison, within the meaning of the Prison Act 1952(11);

(ii)a young offender institution, within the meaning of section 43 of the Prison Act 1952(12);

(iii)a secure training centre, within the meaning of section 43 of the Prison Act 1952;

(iv)approved premises, within the meaning of section 13 of the Offender Management Act 2007(13);

(v)a bail hostel, within the meaning of section 2 of the Bail Act 1976(14).

Linked households

6.—(1) 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”), provided that—

(a)neither the first household nor the second household are linked, or have ever been linked, with any other household for the purpose of these Regulations or any other Regulations made under the Public Health (Control of Disease) Act 1984, and

(b)all the adult members of the second household agree.

(2) There is no limit on the number of adults or children which may be in the second household.

(3) The first and second households are “linked households” in relation to each other.

(4) The first and second households cease to be linked households if neither household satisfies the condition in the opening words of paragraph (1).

(5) Once the first and second households have ceased being linked households, neither the first household nor the second household may be linked with any other household.

Restrictions on other gatherings

7.—(1) During the emergency period, unless paragraph (3) applies, no person may participate in a gathering in the protected area which consists of more than thirty persons, and takes place—

(a)on a vessel, other than a houseboat or a vessel used for public transport, or

(b)on land which satisfies the condition in paragraph (2).

(2) Land satisfies this condition if it is a public outdoor place, which is not—

(a)operated by a business, a charitable, benevolent or philanthropic institution or a public body as a visitor attraction, or

(b)part of premises used for the operation of a business, charitable, benevolent or philanthropic institution or a public body.

(3) This paragraph applies where—

(a)the gathering has been organised by a business, a charitable, benevolent or philanthropic institution, a public body, or a political body, and—

(i)the person responsible for organising the gathering (“the gathering organiser”) has carried out a risk assessment which would satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 1999(15), whether or not the gathering organiser is subject to those Regulations, and

(ii)the gathering organiser has taken all reasonable measures to limit the risk of transmission of the coronavirus, taking into account the risk assessment carried out under paragraph (i);

(b)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 the gathering is necessary for training or competition;

(c)the gathering is reasonably necessary—

(i)for work purposes, or for the provision of voluntary or charitable services,

(ii)for the purposes of education or training,

(iii)for the purposes of childcare provided by a person registered under Part 3 of the Childcare Act 2006, or as part of supervised activities provided for children,

(iv)to provide emergency assistance, or

(v)to enable one or more persons in the gathering to avoid injury or illness or to escape a risk of harm;

(d)the person concerned is fulfilling a legal obligation.

(4) During the emergency period, no person may participate in a gathering in the protected area which—

(a)consists of more than thirty persons,

(b)takes place indoors, and

(c)would be a gathering of a kind mentioned in section 63(1) of the Criminal Justice and Public Order Act 1994(16) if it took place on land in the open air.

(5) In determining whether all reasonable measures have been taken to limit the risk of transmission of the coronavirus for the purposes of paragraph (3)(a)(ii), any guidance issued by the government relevant to the gathering in question must be taken into account.

(6) For the purposes of this regulation—

(a)a “charitable, benevolent or philanthropic institution” means—

(i)a charity, or

(ii)an institution, other than a charity, established for charitable, benevolent or philanthropic purposes;

(b)“gathering” has same meaning as in regulation 5, and a gathering is in the protected area if any part of the place where it takes place is in the protected area;

(c)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(17), under the Smoke-free (Premises and Enforcement) Regulations 2006(18);

(d)“political body” means—

(i)a political party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000(19), or

(ii)a political campaigning organisation within the meaning of regulation 2 of the Health and Social Care (Financial Assistance) Regulations 2009(20);

(e)“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.

Enforcement of restrictions in this Part

8.—(1) A relevant person may take such action as is necessary to enforce any restriction imposed by regulation 5 or 7.

(2) Where a relevant person considers that a number of people are gathered together in contravention of regulation 5 or 7 the relevant person may—

(a)direct the gathering to disperse,

(b)direct any person in the gathering to return to the place where they are living, or

(c)remove a person from the gathering.

(3) A relevant person exercising the power in paragraph (2)(c) to remove a person from a gathering may use reasonable force, if necessary, in exercise of the power.

(4) Where a person who is in a gathering in contravention of regulation 5 or 7 is a child accompanied by an individual who has responsibility for the child—

(a)the relevant person may direct that individual to take the child to the place where the child is living, and

(b)that individual must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by the relevant person to the child.

(5) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the restrictions in regulation 5 or 7, the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with that restriction.

(6) A relevant person may only exercise the power in paragraph (2), (4) or (5) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the restrictions in regulation 5 or 7.

(7) A relevant person exercising a power under paragraph (2), (4) or (5) may give the person concerned any reasonable instructions they consider to be necessary.

(8) For the purposes of this regulation, an individual has responsibility for a child if the individual—

(a)has custody or charge of the child for the time being, or

(b)has parental responsibility for the child.

(9) For the purposes of this regulation “relevant person” means—

(a)a constable,

(b)a police community support officer, or

(c)a person designated by the Secretary of State for the purposes of this regulation.

Offences and penalties

9.—(1) A person who without reasonable excuse contravenes a requirement in regulation 5, 7, or 8 commits an offence.

(2) A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations, including any person who is a relevant person for the purposes of regulation 8, commits an offence.

(3) A person who, without reasonable excuse, contravenes a direction given under regulation 8, or fails to comply with a reasonable instruction given by a relevant person under regulation 8, commits an offence.

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

(5) Section 24 of the Police and Criminal Evidence Act 1984(21) 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.

(6) For the purposes of this regulation, references to a requirement include references to a restriction.

Fixed penalty notices

10.—(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 an officer designated by the Secretary of State 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 £100.

(7) Unless paragraph (8) applies, a fixed penalty notice must specify that if £50 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 or under the Regulations specified in paragraph (9)—

(a)paragraph (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, £200;

(ii)in the case of the third fixed penalty notice received, £400;

(iii)in the case of the fourth fixed penalty notice received, £800;

(iv)in the case of the fifth fixed penalty notice received, £1,600;

(v)in the case of the sixth and subsequent fixed penalty notices, £3,200.

(9) In calculating how many fixed penalty notices a person has received, fixed penalty notices issued to that person under the following Regulations are also to be taken into account—

(a)the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020(22);

(b)the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020(23);

(c)the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020(24);

(d)the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020(25);

(e)the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020(26);

(f)the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020(27);

(g)the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020(28).

(10) 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).

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

(12) In any proceedings, a certificate—

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

(13) In this regulation “authorised person” means—

(a)a constable,

(b)a police community support officer, or

(c)a person designated by the Secretary of State for the purposes of this regulation.

Prosecutions

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

Designations

12.  A person who is designated by the Secretary of State for the purposes of regulation 7(10)(b), 9(3)(b), 9(13), or 10 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 is to be treated as if they were designated for the purposes of regulation 8(9)(c), 10(3), 10(13) or 11, as appropriate, of these Regulations.

(1)

2006 c. 21. Section 18 has been amended by the Children and Young Persons Act 2008 (c. 23), Schedule 1, paragraph 19, and Schedule 4; the Criminal Justice and Courts Act 2015 (c. 2), Schedule 9, paragraph 21, and S.I. 2010/813.

(4)

1968 c. 41. Section 16 has been amended by section 111 of the Transport Act 1968 (c. 73), Schedule 27 to the Water Act 1989 (c. 15) and S.I. 2012/1659. There are other amendments to section 16 which are not relevant to these Regulations.

(6)

The definition of “access land” has been amended by section 303(2) of and Part 7 of Schedule 22 to, the Marine and Coastal Access Act 2009 (c. 23).

(9)

2006 c. 47. Sub-paragraphs (1) to (3) and (3A) to (3E) of paragraph 7 were substituted for sub-paragraphs (1) to (3) as enacted by s. 66 of the Protection of Freedoms Act 2012 (c. 9).

(10)

2000 c. 14. Section 1 was amended by the Health and Social Care Act 2008 (c. 14) (“the 2008 Act”), Schedule 5, paragraph 5, and by the Regulation and Inspection of Social Care (Wales) Act 2016 (2016 anaw 2) (“the 2016 Wales Act”), Schedule 3, paragraph 2. Section 3 was amended by the 2008 Act, Schedule 5, paragraph 4, and the 2016 Wales Act, Schedule 3, paragraph 3. There are amendments to section 4 which are not relevant to these Regulations.

(12)

Section 43(1) has been amended by paragraph 11 of Schedule 15 to the Criminal Justice Act 1988 (c. 33), s. 18(3) of the Criminal Justice and Public Order Act 1994 (c. 33), paragraph 5 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), and paragraph 3 of Schedule 26 to the Criminal Justice and Immigration Act 2008 (c. 4) and paragraph 4 of Schedule 12 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). There are other amendments to s. 43 which are not relevant to these Regulations.

(14)

1976 c. 63. The definition of “bail hostel” has been substituted by paragraph 50 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000.

(16)

1994 (c. 33). Section 63 has been amended by s. 58 of, and Schedule 3 to, the Anti-social Behaviour Act 2003 (c. 38).

(17)

2006 c. 28. Section 2 was amended by paragraph 4 of Schedule 2 to the Health (Wales) Act 2017 (2017 anaw 2).

(18)

S.I. 2006/3368, to which there are amendments which are not relevant to these Regulations.

(21)

1984 c. 60. Section 24 was substituted b s. 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).

(22)

S.I. 2020/350; to which there are amendments not relevant to these Regulations. S.I. 2020/350 was revoked by S.I. 2020/684, with savings.

(24)

S.I. 2020/750, as amended by S.I. 2020/800, 2020/822 and 2020/824.

(25)

S.I. 2020/685; to which there are amendments not relevant to these Regulations. S.I. 2020/685 was revoked by S.I. 2020/824, with savings.

(26)

S.I. 2020/800. S.I. 2020/800 was revoked by S.I. 2020/822, with savings.

(27)

S.I. 2020/822, as amended by S.I. 2020/824.