Health Protection (Coronavirus, Business Closure) (England) Regulations 2020

The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (SI 2020/327) is a statutory instrument (SI) enacted at 2pm on 21 March 2020 by the Secretary of State for Health and Social Care, Matt Hancock, in response to the COVID-19 pandemic. It enforced 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.

Health Protection (Coronavirus, Business Closure) (England) Regulations 2020
Statutory Instrument
Citation2020 No. 327
Introduced byMatt Hancock, Secretary of State for Health and Social Care
Territorial extentEngland
Dates
Made21 March 2020
Laid before Parliament23 March 2020
Commencement21 March 2020 (2020-03-21)
Repealed26 March 2020 (2020-03-26)
Other legislation
Made underPublic Health (Control of Disease) Act 1984
Repealed byThe Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
Status: Repealed
Text of the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

SI 2020/327 remained in force for five days, until 1pm on 26 March, when it was revoked and its provisions re-enacted with more extensive restrictions by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350).[1] SI 2020/350 has become the principal delegated English legislation restricting freedom of movement, gatherings, and business closures during the COVID-19 emergency period.

The regulations were 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"; he also certified that the restrictions "are proportionate to what they seek to achieve, which is a public health response to that threat."[2]

The regulations came into force immediately they were made, at 2pm on 21 March, and were laid before parliament two days later, on 23 March.[2] The Secretary of State used section 45R of the Public Health (Control of Disease) Act 1984 to enact the regulations immediately subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.[3]

Scope and review

The regulations (which apply in England only),[4] impose restrictions during the "relevant period" which is defined as the period between 2pm on 21 March 2020 and such ending date as the Secretary of State may later specify.[5] He is required to review the regulations at least every 28 days, and to terminate the period if he considers the restrictions to be no longer necessary.[6]

Business closures
Pubs were included in the list of businesses which must close.

Businesses selling food or drink for consumption on the premises (including restaurants, cafes, bars and pubs)[7] are required to close immediately[8] – even where such premises include an adjacent (e.g. outdoor) seating area.[9] Hotels are, however, allowed to continue to provide food to guests via room service.[10]

Specific businesses set out in a list are also required to close,[11] namely: cinemas, theatres, nightclubs, bingo halls, concert halls, museums and galleries, casinos, betting shops, spas and massage parlours; as well as indoor leisure centres including fitness studios, gyms, swimming pools and skating rinks.[12]

Offences and enforcement

Contravention of the regulation without reasonable excuse is a criminal offence,[13] punishable on summary conviction by a fine.[14]

Expiry and revocation

The regulations were set to automatically expire after six months,[15] but in the event were revoked only five days later.[1]

See also

References
  1. SI 350 (2020), Reg 2(1).
  2. SI 327 (2020), Preamble.
  3. SI 327 (2020), Introductory note.
  4. SI 327 (2020), Reg 1(2).
  5. SI 327 (2020), Reg 2(9)(c).
  6. SI 327 (2020), Reg 2(6)&(7).
  7. SI 327 (2020), Schedule, part 1.
  8. SI 327 (2020), Reg 2(1).
  9. SI 327 (2020), Reg 2(3).
  10. SI 327 (2020), Reg 4(2).
  11. SI 327 (2020), Reg 2(4).
  12. SI 327 (2020), Schedule, part 2.
  13. SI 327 (2020), Reg 3(1).
  14. SI 327 (2020), Reg 3(3).
  15. SI 327 (2020), Reg 5(1).

Bibliography
  • "SI 327". Legislation.gov.uk. 21 March 2020. The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020. Retrieved 1 June 2020.
  • "SI 350". Legislation.gov.uk. 26 March 2020. The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Retrieved 1 June 2020.
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