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Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020

Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020
Statutory Instrument
Citation2020 No. 1200
Introduced byMatt Hancock, Secretary of State for Health and Social Care
Territorial extent England
Dates
Made3 November 2020
Laid before Parliament3 November 2020
Commencement5 November 2020 (2020-11-05)
Revoked1 December 2020 (2020-12-01)
Other legislation
Made underPublic Health (Control of Disease) Act 1984
Revoked byThe Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020
Status: Revoked
Text of the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 (SI 2020/1200) is an English statutory instrument made on 3 November 2020 by the Secretary of State for Health and Social Care, Matt Hancock, in response to the COVID-19 pandemic.

The three sets of First COVID-19 tier regulations which had been in place since 14 October 2020 had failed to reduce the levels of COVID-19 in England, and on 5 November they were revoked and replaced with these more rigorous "second lockdown" regulations.[1][2]

Under the regulations, no-one was allowed to leave their own home without "reasonable excuse". Most social gatherings (meetings) of two or more people were prohibited unless an exception applied, but outdoor meetings of no more than two people were allowed in a public space. Most shops and many public-facing businesses were required to close, unless on an approved list.

The regulations were initially to remain in effect between 5 November and 2 December 2020 inclusive, but they were revoked and replaced one day early by The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, with those regulations coming into effect at 00:00 on 2 December.

Context and earlier regulations

In response to the developing COVID-19 pandemic the UK government issued advice to English schools on 12 March 2020 that they should cancel trips abroad,[3] and on 16 March that the public should avoid non-essential travel, crowded places, and visits to care homes.[4] This was followed by the closure of schools, colleges and nurseries from 21 March.[5]

On 21 March the government used emergency powers to make business closure regulations, enforcing the closure in England of businesses selling food and drink for consumption on the premises, as well as a range of other businesses such as nightclubs and indoor leisure centres where a high risk of infection could be expected. Five days later the restrictions were made more extensive.[6] On 26 March 2020 the even more stringent Lockdown Regulations came into force. These became the principal delegated English legislation restricting freedom of movement, gatherings, and business closures, and were progressively relaxed on 22 April 13 May, 1 June, and 13/15 June. The No. 2 regulations of 4 July 2020 further relaxed the rules throughout most of England,[7] apart from City of Leicester and the surrounding area[8] which became the subject of the first of a series of local regulations.

Between July and September 2020, more extensive and increasingly rigorous ad hoc local regulations were introduced, which in many areas proved unsuccessful in controlling spread of the virus.[9] All of these local regulations were repealed on 14 October 2020, and were replaced by the First COVID-19 tier regulations which were themselves revoked on 5 November and replaced with these more rigorous second lockdown regulations SI 2020/1200.

SI 2020/1200 was introduced by way of a Statutory Instrument made by the Secretary of State for Health and Social Care, Matt Hancock, using emergency powers available to him under the Public Health (Control of Disease) Act 1984. The regulations themselves state the legal basis for using such powers, namely "the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England".[10]

The regulations were laid before parliament on 3 November 2020.[10] The Secretary of State again used section 45R of the Public Health (Control of Disease) Act 1984 to enact the regulations on government authority, subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.[11] In the regulations themselves he stated that "by reason of urgency, it is necessary to make this instrument" without having first placed a draft before parliament for prior approval.[10] On 4 November, however, the House of Commons was given the opportunity to vote on the regulations (but not to amend them), a vote that the government won by 516 votes to 38.[12]

Commencement, scope and expiry

Government poster summarising the restrictions

The regulations (which applied in England only)[13] came into effect on 5 November 2020.[14] They were set expire automatically at the end of the day of 2 December 2020.[15]

Restrictions on leaving home

As a general rule, no-one was allowed to leave or be outside their own home (which included any associated garden or yard) without "reasonable excuse".[16] No exhaustive definition of "reasonable excuse" was provided, though it included any of the following exceptions:

Reasonable excuses for leaving home

Reasonable excuses for leaving home
Exception Name Details Ref
1 Necessary for certain purposes See below [17]
2 Work, voluntary services, education, training etc To provide voluntary or charitable services that cannot be done from home; to access charitable services; for education or training; to provide care or assistance to a vulnerable person (anyone over 70, pregnant, or with a serious health condition); to provide emergency assistance; to fulfil a legal obligation; to access critical public services [18]
3 Elite athletes For the purposes of training or competition [19]
4 Medical need etc To seek medical assistance, to get a test, to be vaccinated, or to access health, medical, or mental health services [20]
5 Support and respite To attend a permitted support group meeting; respite-related reasons [21]
6 Death bed visit To visit a household member, close family member, or friend you believe to be dying [22]
7 Funerals etc To attend a funeral or an event commemorating a person's life; or certain visits to a burial ground or garden of remembrance [23]
8 Marriages and civil partnerships To attend a licensed wedding where one of the participants is seriously ill and is not expected to recover [24]
9 Children To take a child to school; childcare access arrangements; children in care; prospective adopters; informal childcare by linked childcare household; registered childcare or supervised activities for children but only where necessary to enable a parent to work, search for work or undertake training or education [25]
10 Animal welfare To care for or exercise a pet; to attend a vet [26]
11 Returning home Returning home from a holiday that was started before the regulations came into force [27]
12 Prison visits Visits by a close family member or friend [28]
13 Other visits To visit a household member, close family member or friend in hospital, hospice or care home; or to accompany them to a medical appointment [29]

Exception 1: leaving home necessary for certain purposes

This exception covered a variety of situations:[17]

Exception 1 situations
Exception Details
1a Where reasonably necessary to leave home to buy goods or services for oneself, a household member, a vulnerable person (anyone over 70, pregnant, or with a serious health condition) or someone in their household
1b To obtain or deposit money
1c To take exercise outside. This could be either alone, or with household or linked household members. Also permitted was to exercise outside in a public place with any one other person (for this purpose, children under five and up to two carers for a disabled person were not counted)
1d To visit a public outdoor place for open air recreation. This could be either alone, or with household or linked household members. Also permitted was to exercise outside in a public place with any one other person (for this purpose, children under five and up to two carers for a disabled person were not counted)
1e To attend a place of worship
1f To attend an event commemorating Remembrance Sunday; or Armistice Day[30]
1g In connection with the purchase, sale, letting or rental of residential property
1h To visit a linked household
1i To collect pre-ordered food, drink, or other goods, or visit a food or drink service business to obtain a takeaway
1j To visit a waste disposal or recycling centre

Restrictions on gatherings

Indoor gatherings of two or more people were entirely prohibited unless an exception applied. This also applied to gatherings in a private dwelling.[31]

Most outdoor gatherings of two or more were also prohibited unless an exception applied, but gatherings of two people in a public outdoor place were permitted. Children under the age of five and up to two carers for a person with a disability were not counted for this purpose.[32]

Exceptions to the general prohibition against gatherings

Allowable gatherings
Exception Name Details Ref
1 Same or linked households All people in the gathering were members of the same or a linked household. No limit on numbers [33]
2 Gatherings necessary for certain purposes Work or voluntary or charitable services; education or training; emergency assistance; to avoid injury or illness or escape a risk of harm; providing care or assistance to a vulnerable person (anyone over 70, pregnant, or with a serious health condition); facilitating a house move [34]
3 Legal obligations and proceedings To fulfil a legal obligation or to participate in legal proceedings [35]
4 Criminal justice accommodation Where the gathering took place in criminal justice accommodation [36]
5 Support groups Certain organised support groups of no more than 15 people, not in a private dwelling. Children under five were not included in the count. It had to be reasonably necessary for the members of the support group to be physically present [37]
6 Respite care Respite-related gatherings [38]
7 Births, and visiting persons receiving treatment etc Attending a person giving birth; visiting a household member, close family member or friend in hospital, hospice or care home; or accompanying them to a medical appointment [39]
8 Marriages and civil partnerships A licensed wedding where one of the participants was seriously ill and was not expected to recover, maximum attendance 6 people including the celebrant and the couple. No other weddings were allowed [40]
9 Visiting a dying person A gathering to visit a household member, close family member, or friend you believed to be dying [41]
10 Funerals A funeral with no more than 30 people in attendance, following a risk assessment. Not permitted at a private dwelling [42]
11 Commemorative event following a person's death An event such as the scattering of ashes with no more than 15 people in attendance, following a risk assessment. Not permitted at a private dwelling [43]
12 Elite sports Gatherings necessary for elite training or competition [44]
13 Children Childcare access arrangements; children in care; prospective adopters; informal childcare by linked childcare household; registered childcare or supervised activities for children (but only where necessary to enable a parent to work, search for work or undertake training or education) [45]
14 Remembrance Sunday and Armistice Day Organised outdoor Remembrance Sunday (or Armistice Day)[30] gatherings, after a risk assessment. Not permitted at a private dwelling. Also, special arrangements for an Armistice Day service in Westminster Abbey on 11 November 2020 [46]

Linked households

A household containing exactly one adult (no more) and any number of children could form a permanent link with one other household of any size (such linked households were referred to in government statements as "support bubbles").[47] Households which were already linked under earlier regulations could not link with any other household.[48]

Linked childcare households

A household with at least one child aged 13 or under could link with another household providing informal childcare. In order to link, all adults in both households had to agree. Each household was allowed a single linked childcare household only, which could not be changed; multiple links were not permitted.[49]

Business closures and restrictions

Business closures and restrictions
Must close Ref Exceptions Ref
Hospitality businesses Restaurants, cafes, bars, social clubs, pubs (including outside areas made available to or used by customers) [50] Motorway service stations; air and sea ports; international rail terminal;[51] on public transport[52]

Between 5 am and 10 pm: providing takeaway food and drink.[53] Alcohol sales were allowed only in response to pre-booked orders; the customer collecting could not enter the premises. Drive-through food, drink and alcohol sales were permitted.[54]

Between 10 pm and 5 am: providing takeaway food and drink in response to pre-booked orders. The customer collecting could not enter the premises. Drive-through food and drink sales were permitted. No alcohol could be sold during these times.[55]

Other businesses Indoor: dance studios, fitness studios, gyms, sports courts, swimming pools, bowling alleys, amusement arcades, playgrounds, soft play areas, other indoor leisure centres, recreation and entertainment venues, indoor attractions at visitor attractions

Outdoor: markets, sports centres or amenities, water sports, stables, shooting and archery venues, golf courses, driving ranges, outdoor gyms, swimming pools, water parks and aquaparks

Not restricted to indoor or outdoor: cinemas, theatres, nightclubs, discos and the like, bingo halls, concert halls, museums and galleries, casinos, betting shops, adult gaming centres, spas, nail and beauty salons, hair salons, barbers, tanning salons, massage parlours, sexual entertainment venues, hostess bars, tattoo and piercing parlours, skating rinks, car showrooms, car washes, auction houses, model villages, visitor attractions at film studios, animal-related attractions, conference centres and exhibition halls, circuses, funfairs, fairgrounds, theme parks

[50] Outdoor food markets; outdoor livestock markets; outdoor markets with stalls of businesses that were allowed to open[56]

The outdoor parts of visitor attractions such as botanical or other gardens, heritage sites and landmarks were not required by the regulations to close[57]

Unspecified shops All retail other shops, apart from those permitted to remain open (see list below) [58] Delivery and collection in response to pre-booked orders (click and collect). The customer collecting could not enter the premises [58]
Libraries Libraries [58] Libraries could open for support groups, childcare, education and training, voluntary or public services [59]
Holiday accommodation All types of holiday accommodation [60] Various exceptions including work, use while moving house, children's education etc [61]
Places of worship All places of worship [62][63] Funerals, commemorative events following a death, individual prayer, voluntary services, childcare and the like, as well as broadcast of acts of worship. Communal worship was banned [63]
Community centres and halls Community centres and halls [64] Essential voluntary services, education and training, support groups, childcare and supervised activities [64]
Crematoria and burial grounds Crematoria and burial grounds [65] Burials, commemorative events following a death, visitor paying respects to a member of their household, a family member or a friend [65]
Businesses that could remain open Food retailers, including food markets, supermarkets, convenience stores and corner shops, off licences, pharmacies and chemists, newsagents, hardware stores, building merchants, petrol stations, car repair and MOT services, bicycle shops, taxi or vehicle hire businesses, banks, building societies, cash points, currency exchange offices, post offices, funeral directors, laundrettes and dry cleaners, medical, health and mental health services, vets, pet shops, agricultural supplies, storage and distribution facilities, delivery drop off or collection points, car parks, public toilets, garden centres

From 21 November 2020: businesses selling natural Christmas trees[66]

[67]

Enforcement

Breaches of the regulations were offences and could be prosecuted or dealt with by fixed penalty notices with penalties ranging up to £10,000 for repeated violations.[68]

References

  1. ^ SI 1200 (2020), Explanatory memorandum, paras 7.2 and 7.3.
  2. ^ Elgot, Jessica; Stewart, Heather (5 November 2020). "England enters second lockdown after MPs approve regulation". The Guardian. Retrieved 5 November 2020.
  3. ^ "People with fever or cough told to self-isolate". BBC News. 12 March 2020. Retrieved 11 June 2020.
  4. ^ "Avoid office, pubs and travel to stop virus – PM". BBC News. 16 March 2020. Retrieved 11 June 2020.
  5. ^ "UK schools to close from Friday". BBC News. 18 March 2020. Retrieved 11 June 2020.
  6. ^ SI 350 (2020), Reg 2(1).
  7. ^ SI 684 (2020), Reg 2.
  8. ^ SI 685 (2020).
  9. ^ Halliday, Josh; Pidd, Helen (22 September 2020). "Local lockdowns failing to stop Covid spread in England, experts warn". The Guardian. Retrieved 14 October 2020.
  10. ^ a b c SI 1200 (2020), Preamble.
  11. ^ SI 1200 (2020), Introductory note.
  12. ^ Heffer, Greg (4 November 2020). "Coronavirus: England to enter lockdown as MPs approve shutdown - but PM witnesses Tory revolt". Sky News. Retrieved 4 November 2020.
  13. ^ SI 1200 (2020), Reg 1(3).
  14. ^ SI 1200 (2020), Reg 1(2).
  15. ^ SI 1200 (2020), Reg 23.
  16. ^ SI 1200 (2020), Reg 5(1).
  17. ^ a b SI 1200 (2020), Reg 6(2).
  18. ^ SI 1200 (2020), Reg 6(4).
  19. ^ SI 1200 (2020), Reg 6(5).
  20. ^ SI 1200 (2020), Reg 6(6).
  21. ^ SI 1200 (2020), Reg 6(7).
  22. ^ SI 1200 (2020), Reg 6(8).
  23. ^ SI 1200 (2020), Reg 6(9).
  24. ^ SI 1200 (2020), Reg 6(10).
  25. ^ SI 1200 (2020), Reg 6(12).
  26. ^ SI 1200 (2020), Reg 6(14).
  27. ^ SI 1200 (2020), Reg 6(15).
  28. ^ SI 1200 (2020), Reg 6(16).
  29. ^ SI 1200 (2020), Reg 6(17).
  30. ^ a b SI 1242 (2020), Reg 2).
  31. ^ SI 1200 (2020), Reg 8.
  32. ^ SI 1200 (2020), Reg 9.
  33. ^ SI 1200 (2020), Reg 11(1).
  34. ^ SI 1200 (2020), Reg 11(3).
  35. ^ SI 1200 (2020), Reg 11(4).
  36. ^ SI 1200 (2020), Reg 11(5).
  37. ^ SI 1200 (2020), Reg 11(6).
  38. ^ SI 1200 (2020), Reg 11(9).
  39. ^ SI 1200 (2020), Reg 11(10).
  40. ^ SI 1200 (2020), Reg 11(11).
  41. ^ SI 1200 (2020), Reg 11(12).
  42. ^ SI 1200 (2020), Reg 11(13).
  43. ^ SI 1200 (2020), Reg 11(14).
  44. ^ SI 1200 (2020), Reg 11(15).
  45. ^ SI 1200 (2020), Reg 11(16).
  46. ^ SI 1200 (2020), Reg 11(18).
  47. ^ "Rule of six comes into effect to tackle coronavirus". Gov.uk. Retrieved 14 September 2020.
  48. ^ SI 1200 (2020), Reg 12.
  49. ^ SI 1200 (2020), Reg 13.
  50. ^ a b SI 1200 (2020), Schedule.
  51. ^ SI 1200 (2020), Reg 15(5).
  52. ^ SI 1200 (2020), Reg 17(4).
  53. ^ SI 1200 (2020), Reg 17(1).
  54. ^ SI 1200 (2020), Regs 17(1)–17(3).
  55. ^ SI 1200 (2020), Reg 17(1)–17(3).
  56. ^ SI 1200 (2020), Schedule, para 25.
  57. ^ SI 1200 (2020), Reg 31(1).
  58. ^ a b c SI 1200 (2020), Reg 18(1).
  59. ^ SI 1200 (2020), Reg 18(2).
  60. ^ SI 1200 (2020), Reg 18(5).
  61. ^ SI 1200 (2020), Reg 18(6).
  62. ^ SI 1200 (2020), Reg 18(7).
  63. ^ a b SI 1200 (2020), Reg 18(8).
  64. ^ a b SI 1200 (2020), Reg 18(9).
  65. ^ a b SI 1200 (2020), Reg 18(10).
  66. ^ SI 1326 (2020), Reg 2.
  67. ^ SI 1200 (2020), Schedule, part 3.
  68. ^ SI 1200 (2020), Part 5.

Bibliography

  • "SI 350". Legislation.gov.uk. 26 March 2020. The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Retrieved 1 June 2020.
  • "SI 684". Legislation.gov.uk. 4 July 2020. The Health Protection (Coronavirus, Restrictions) (England) (No. 2) Regulations 2020. Retrieved 4 July 2020.
  • "SI 685". Legislation.gov.uk. 4 July 2020. The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020. Retrieved 17 August 2020.
  • "SI 1200". Legislation.gov.uk. 5 November 2020. The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020. Retrieved 4 November 2020.
  • "SI 1242". Legislation.gov.uk. 10 November 2020. The Health Protection (Coronavirus, Restrictions) (England) (No. 4) (Amendment) Regulations 2020. Retrieved 9 November 2020.
  • "SI 1326". Legislation.gov.uk. 21 November 2020. The Health Protection (Coronavirus, Restrictions) (England) (No. 4) (Amendment) (No. 2) Regulations 2020. Retrieved 20 November 2020.
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