General exceptions relating to gatheringsE+W
3.—(1) The exceptions referred to in paragraphs 1 and 2(5)(c) are the following.
Exception 1: permitted organised gatherings
(2) Exception 1 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 5(2)).
Exception 2: education and training
(3) 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);
(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 M1 or section 100 of the Education and Inspections Act 2006 M2,
(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 M3, 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
(4) 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 to 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 M4;
(e)for the purposes of a house move.
Exception 4: legal obligations and proceedings
(5) 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
(6) Exception 5 is that the gathering takes place in criminal justice accommodation or in immigration detention accommodation.
Exception 6: elite sports
(7) Exception 6 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 7: other sports
(8) Exception 7 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 who are not elite sportspersons to take part in any sport or other fitness related activity, and
(b)in respect of which the organiser or manager takes the required precautions.
(9) Sub-paragraph (8) does not permit spectators, including the parent of a child participating in the gathering, to attend the gathering.
Exception 8: outdoor activities
(10) Exception 8 is that the gathering takes place outdoors (whether or not in a public outdoor place) and—
(a)it is for the purposes of a relevant outdoor activity, and
(b)the gathering organiser takes the required precautions in relation to the gathering.
Exception 9: children
(11) Exception 9 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 M5, or
(ii)a relevant child, within the meaning of section 23A M6 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 M7 (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 M8, 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 10: students and vacation households
(12) Exception 10 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 a vacation, or any earlier vacation during which the student returned home as permitted under the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 M9.
(13) 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 11: picketing
(14) Exception 11 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 M10, and
(b)the gathering organiser takes the required precautions in relation to the gathering.
Exception 12: protests
(15) Exception 12 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 13: observing an election or referendum
(16) Exception 13 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 14: Secretary of State's direction
(17) Exception 14 is that the gathering is permitted by a direction made by the Secretary of State under regulation 9.
Commencement Information
I1Sch. 3 para. 3 in force at 29.3.2021, see reg. 1(2)
Marginal Citations
M12002 c. 32. Section 29A was inserted by section 154 of the Education and Skills Act 2008 (c. 25).
M42006 c. 47. Paragraph 7(1) to (3E) were substituted for paragraph 7(1) to (3) by section 66(2) of the Protection of Freedoms Act 2012 (c. 9).
M6Section 23A was inserted by the Children (Leaving Care) Act 2000 (c. 35).