The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021

PART 1 Restrictions on gatherings

Participation in gatherings indoors

1.—(1) No person may participate in a gathering in the Step 2 area which—

(a) consists of two or more people, and

(b) takes place indoors.

(2) Sub-paragraph (1) do not apply if any of the exceptions set out in paragraphs 4 or 5 apply.

(3) For the purposes of this Part of this Schedule, a gathering takes place in the Step 2 area if any part of the place where it takes place is in the Step 2 area.

Participation in gatherings outdoors

2.—(1) No person may participate in a gathering in the Step 2 area which—

(a) consists of more than six people, and

(b) takes place outdoors.

(2) Sub-paragraph (1) does not apply if any of the exceptions set out in paragraph 4 or 6 apply.

Organisation or facilitation of gatherings

3.—(1) No person may hold, or be involved in the holding of, a relevant gathering in the Step 2 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 1994(1) (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 it does not fall within sub-paragraph (4) and 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

(c) is not a gathering in relation to which any of the exceptions set out in paragraph 4, 5 or 6 (so far as capable of applying to the gathering) applies.

(6) Land satisfies the condition in this sub-paragraph if it is a public outdoor place which is not—

(a) operated by a business or 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” 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 6, the following do not apply—

(a) paragraph 6(4)(a), so far as relating to gatherings in public outdoor places operated by public bodies, and

(b) paragraph 6(4)(b).

General exceptions relating to gatherings

4.—(1) These are the exceptions referred to in paragraphs 1, 2 and 3(5)(c).

Exception 1: same or linked households

(2) Exception 1 is that all the people in the gathering are members of the same household.

(3) For these purposes, two households which are linked households in relation to each other are to be treated as a single household.

(4) For the purposes of these Regulations, a person who has been released on temporary licence is to be treated as a member of the household living at the address identified on the licence.

Exception 2: education and training

(5) Exception 2 is that the gathering is reasonably necessary for the purposes of—

(a) early years provision;

(b) educational activities of a school;

(c) a course of study or essential life skills training provided by—

(i) a 16 to 19 Academy,

(ii) a provider of further education, or

(iii) a higher education provider;

(d) activities relating to residing at a school, a 16 to 19 Academy or a provider of further education;

(e) provision specified in an education, health and care plan;

(f) the suitable education of a child otherwise than by regular attendance at school arranged by a parent in accordance with section 7 of the Education Act 1996 (and for this purpose “suitable education” has the meaning given by section 436A(3) of the Education Act 1996(2));

(g) the suitable education of a child otherwise than by regular attendance at school arranged by—

(i) a local authority, as defined by section 579(1) of the Education Act 1996, in accordance with section 19 of that Act, or

(ii) the proprietor of a school at which the child is a registered pupil, including where the arrangements are made in connection with section 29A of the Education Act 2002(3) or section 100 of the Education and Inspections Act 2006(4),

(and for this purpose “suitable education” has the meaning given by section 19(6) of the Education Act 1996);

(h) activities provided by a business, a charitable, benevolent or philanthropic institution or a public body for the purposes of—

(i) obtaining a regulated qualification, within the meaning of section 130 of the Apprenticeships, Skills, Children and Learning Act 2009(5), or

(ii) meeting all or part of the entry requirements for an educational institution;

(i) preparing for work through a skills programme consisting of—

(i) a work experience placement, or

(ii) work preparation training;

(j) applying for, and obtaining, work;

(k) meeting a requirement for a particular area of work;

(l) professional training that is working towards an external accreditation recognised by a professional body;

(m) exams and assessments carried out in connection with any of the matters mentioned in paragraphs (a) to (l).

Exception 3: gatherings necessary for certain purposes

(6) Exception 3 is that the gathering is reasonably necessary—

(a) for work purposes or for the provision of voluntary or charitable services;

(b) to provide emergency assistance;

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

(d) to provide care or assistance to a vulnerable person or a person who has a disability, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006(6);

(e) for the purposes of a house move.

Exception 4: legal obligations and proceedings

(7) Exception 4 is that the person concerned is fulfilling a legal obligation or participating in legal proceedings.

Exception 5: criminal justice accommodation and immigration detention accommodation

(8) Exception 5 is that the gathering takes place in criminal justice accommodation or in immigration detention accommodation.

Exception 6: support groups

(9) Exception 6 is that—

(a) the gathering—

(i) is of a support group,

(ii) consists of no more than 15 persons, and

(iii) takes place at premises other than a private dwelling, and

(b) it is reasonably necessary for members of the group to be physically present at the gathering.

(10) In determining whether the limit in sub-paragraph (9)(a)(ii) is complied with, no account is to be taken of any child who is below the age of five.

Exception 7: respite care

(11) Exception 7 is that the gathering is reasonably necessary for the purposes of—

(a) respite care being provided for a vulnerable person or a person with a disability, or

(b) a short break being provided in respect of a child looked after by a local authority (within the meaning given in section 22 of the Children Act 1989).

Exception 8: births

(12) Exception 8 is that the person concerned is attending an expectant mother giving birth (“M”) at M’s request.

Exception 9: marriages and civil partnerships etc

(13) Exception 9 is that the gathering meets the conditions in sub-paragraph (14) or (15).

(14) A gathering meets the conditions in this sub-paragraph if it consists of no more than 15 persons and—

(a) the gathering 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(7), the Marriage (Registrar General’s Licence) Act 1970(8), the Civil Partnership Act 2004(9) or the Marriage (Same Sex Couples) Act 2013(10), or

(ii) an alternative wedding ceremony,

(b) in the case of an alternative wedding ceremony, 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

(c) the gathering organiser or manager takes the required precautions in relation to the gathering.

(15) A gathering meets the conditions in this sub-paragraph if it consists of no more than 15 persons and—

(a) the gathering is for the purposes of—

(i) the solemnisation of a marriage in accordance with the Marriage (Registrar General’s Licence) Act 1970,

(ii) the solemnisation of a marriage by special licence under the Marriage Act 1949, where at least one of the parties to the marriage is seriously ill and not expected to recover,

(iii) the formation of a civil partnership under the special procedure provided for in Chapter 1 of Part 2 of the Civil Partnership Act 2004,

(iv) the conversion of a civil partnership to a marriage under the special procedure provided for in regulation 9 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014(11), or

(v) an alternative wedding ceremony, where at least one of the parties to the marriage is seriously ill and not expected to recover,

(b) the gathering takes place—

(i) at a private dwelling,

(ii) at premises which are operated by a business, a charitable, benevolent or philanthropic institution or a public body,

(iii) at premises which are part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body, or

(iv) in a public outdoor place not falling within sub-paragraph (ii) or (iii),

(c) it is not reasonably practicable for the gathering to take place in accordance with sub- paragraph (14), and

(d) the gathering organiser or manager takes the required precautions in relation to the gathering.

(16) In sub-paragraphs (14) and (15), a gathering is for the purposes of an “alternative wedding ceremony” if 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 sub-paragraph (14)(a)(i), or (15)(a)(i) to (iv).

Exception 10: funerals

(17) 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.

Exception 11: commemorative event following a person’s death

(18) 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.

Exception 12: elite sports

(19) 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.

Exception 13: children

(20) Exception 13 is that the gathering is reasonably necessary—

(a) 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;

(b) 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(12), or

(ii) a relevant child, within the meaning of section 23A(13) of that Act;

(c) 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(14) (see regulation 35(2) of those Regulations);

(d) for the purposes of placing children, or facilitating children being placed, in the care of another person by social services, whether on a temporary or permanent basis;

(e) for the purposes of—

(i) later years provision, within the meaning of section 96(6) of the Childcare Act 2006(15), or;

(ii) supervised activities for children or other persons who were under the age of 18 on 31st August 2020;

(f) for the purposes of informal childcare, for children aged 13 or under, provided by a member of a household to a member of their linked childcare household.

Exception 14: parent and child groups

(21) Exception 14 is that the gathering—

(a) is of a parent and child group which is organised by a business, a charitable, benevolent or philanthropic institution or a public body for the benefit of children under the age of five,

(b) does not take place in a private dwelling, and

(c) consists of no more than 15 persons.

(22) In determining whether the limit in sub-paragraph (21)(c) is complied with, no account is to be taken of any child who is below the age of five.

Exception 15: students and vacation households

(23) Exception 15 is that the gathering is reasonably necessary to enable a student who is undertaking a higher education course on 29th March 2021—

(a) to move on one occasion from their student household on or after that date but before 29th April 2021 to one other household (“vacation household”) for the purposes of a vacation, or

(b) to return to their term time accommodation after the vacation or any earlier vacation during which the student returned home as permitted under the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020.

(24) For the purposes of these Regulations—

(a) a student who has moved to a vacation household is to be treated as a member of that household (and not as a member of their student household) until the date on which they return to their student household;

(b) the inclusion of a student in a vacation household is to be ignored in determining whether that household satisfies the condition in regulation 3(2).

Exception 16: communal worship

(25) Exception 16 is that—

(a) the gathering is for the purposes of communal worship in a place of worship,

(b) the person concerned participates in the gathering alone or as a member of a qualifying group (see paragraph 7), and

(c) the gathering organiser or premises manager takes the required precautions in relation to the gathering.

Exception 17: picketing

(26) Exception 17 is that—

(a) the gathering is for the purposes of picketing which is carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992(16), and

(b) the gathering organiser takes the required precautions in relation to the gathering.

Exception 18: protests

(27) Exception 18 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.

Exception 19: nomination of candidates or petitioning for a referendum

(28) Exception 19 is that the gathering—

(a) consists of no more than two people, and

(b) is reasonably necessary for the purposes of participating in the process of—

(i) the nomination of (including but not limited to the subscription of the nomination paper of) a candidate in an election held in accordance with provision made by or under an Act, or

(ii) petitioning for a referendum which is so held.

Exception 20: campaigning

(29) Exception 20 is that—

(a) the gathering consists of no more than two people, at least one of whom is a campaigner (“C”),

(b) where the gathering takes place at the private dwelling of a person (“P”), C remains, for the duration of the gathering—

(i) outside P’s private dwelling,

(ii) in an outdoor part of P’s private dwelling, or

(iii) in a common part of the building of which P’s private dwelling forms a part, and

(c) the gathering is reasonably necessary for the purposes of campaigning in an election or a referendum held in accordance with provision made by or under an Act.

Exception 21: observing an election or referendum

(30) Exception 21 is that the gathering is reasonably necessary for the purposes of observing voting, opening postal votes or counting votes, in an election or a referendum held in accordance with provision made by or under an Act, and where such observation is in accordance with provision made by or under an Act.

Exception 22: Secretary of State’s direction

(31) Exception 22 is that the gathering is permitted by a direction made by the Secretary of State under regulation 9.

Exceptions in relation to indoor gatherings

5.—(1) These are the exceptions relating only to indoor gatherings.

Exception 1: visiting a dying person

(2) 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, or

(c) a friend of D.

Exception 2: visiting persons receiving treatment etc

(3) 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.

Exception 3: other sports

(4) Exception 3 is that the person concerned is participating in a gathering—

(a) which is organised by a business, a charitable, benevolent or philanthropic institution or a public body for the purposes of allowing persons under the age of 18, or who were under the age of 18 on 31st August 2020, or persons who have a disability, who are not elite sportspersons to take part in any sport or other fitness related activity;

(b) which takes place in relevant premises (see paragraph (6)), and

(c) in respect of which the organiser or manager takes the required precautions.

(5) Sub-paragraph (4) does not permit spectators, including the parent of a child participating in the gathering, to attend the gathering.

(6) In sub-paragraph (4), “relevant premises” means premises (other than a private dwelling)—

(a) which are operated by a business, a charitable, benevolent or philanthropic institution or a public body, or

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

Exceptions in relation to outdoor gatherings

6.—(1) These are the exceptions relating only to outdoor gatherings.

Exception 1: two households or linked households

(2) Exception 1 is that all the people in the gathering are members of no more than two households.

(3) For these purposes two households which are linked households in relation to each other are to be treated as a single household.

Exception 2: permitted organised gatherings

(4) Exception 2 is that—

(a) the gathering is a permitted organised gathering, and

(b) the person concerned participates in the gathering alone or as a member of a qualifying group (see paragraph 7(2)).

Exception 3: outdoor sports

(5) Exception 3 is that the person concerned is participating in an outdoor sports gathering.

(6) Sub-paragraph (5) does not permit spectators, including the parent of a child participating in the gathering, to attend the gathering.

Exception 4: outdoor activities

(7) Exception 4 is that—

(a) the gathering is for the purposes of a relevant outdoor activity, and

(b) the gathering organiser takes the required precautions in relation to the gathering.

Exception 5: weddings and civil partnership receptions

(8) Exception 5 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.

Qualifying groups

7.—(1) 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.

(2) In sub-paragraph (1) “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—

(i) members of the same household, or

(ii) members of two households which are linked households in relation to each other, or

(iii) members of two households which are linked childcare households in relation to each other and the gathering is for the purposes of informal childcare provided by a member of one of those households to the 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 of the members of no more than two households.

(3) For the purposes of sub-paragraph (2)(b)(ii) two households which are linked households in relation to each other are to be treated as a single household.

(1)

1994 c. 33.

(2)

Section 436A was inserted by section 4(1) of the Education and Inspections Act 2006 (c. 40).

(3)

2002 c. 32. Section 29A was inserted by section 154 of the Education and Skills Act 2008 (c. 25).

(4)

2006 c. 40.

(5)

2009 c. 22.

(6)

2006 c. 47. Paragraph 7(1) to (3E) was substituted for paragraph 7(1) to (3) by section 66(2) of the Protection of Freedoms Act 2012 (c. 9).

(7)

1949 c. 76.

(8)

1970 c. 34.

(9)

2004 c. 33.

(10)

2013 c. 30.

(11)

S.I. 2014/3181.

(12)

1989 c. 41.

(13)

Section 23A was inserted by the Children (Leaving Care) Act 2000 (c. 35).

(14)

S.I. 2005/389.

(15)

2006 c. 21.

(16)

1992 c. 52.