The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 (SI 2020/750) is a statutory instrument (SI) enacted on 18 July 2020 by the Secretary of State for Health and Social Care, Matt Hancock, in response to the COVID-19 pandemic. It allows a local authority to make directions relating to premises, events and outdoor public spaces in its area, supplementing central government powers relating to public outdoor places that were granted to the Secretary of State on 3 July in The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 (SI 2020/684).[1] In practice, the regulations allow local authorities to close shops and outdoor public spaces, and to cancel events.[2] The regulations relate to England only.

The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
Statutory Instrument
Citation2020 No. 750
Introduced byMatt Hancock, Secretary of State for Health and Social Care
Territorial extentEngland
Dates
Made16 July 2020
Laid before Parliament17 July 2020
Commencement18 July 2020 (2020-07-18)
Other legislation
Made underPublic Health (Control of Disease) Act 1984
Status: Current legislation
Text of the The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

SI 2020/750 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".[3]

The regulations were laid before parliament on 17 July, the day before the regulations came into force.[3] The Secretary of State again 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,[4] a period extended into September by the summer recess.[5] 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 discussion and approval.[3]

Commencement and scope

The regulations (which apply in England only)[6] came into effect at 12.01 am on 18 July 2020.[7]

Directions by local authorities

The regulations empower a local authority to make directions relating to premises, events and outdoor public spaces in its area where it considers such a direction to be necessary to prevent the spread of coronavirus.[8] Any such direction must to notified to the Secretary of State and must be reviewed every seven days.[9] The Secretary of State is also given the power to force a local authority to make such a declaration.[10]

Individual premises

A local authority may direct the owner or occupier of specific premises to close or restrict access to those premises; or to control the location of persons on the premises.[11][12] No direction may be made in relation to any essential infrastructure, public transport or haulage vehicles.[13]

Events

A local authority may give a direction in connection with a specific event, or in connection with events of a specified description.[14] Such a direction may impose probibitions or restrictions on the owner or occupier of the event premises, on the event organiser, or on any other person involved in holding the event.[15]

Public outdoor places

A local authority may give a direction in connection with a specific public outdoor place, or in connection with places of a specified description.[16] Once such a declaration has been made, access restrictions must be enforced both by the owner or occupier of the land and by the local authority itself.[17] It is a criminal offence[18] for anyone not authorised by the declaration (apart from the owner or occupier) to enter the land without a reasonable excuse.[19]

Offences and enforcement

Local authority officers have the power to enforce their directions, and may issue prohibition notices to anyone contravening a direction.[20] Police officers have the additional authority to close down events, to direct persons to leave a place they are not permitted to be and to remove them by force if necessary.[21]

It is a criminal offence to breach any direction under these regulations, or without reasonable excuse to enter a public space that has been declared closed.[22] Fixed penalty notices may be issued,[23] or offenders prosecuted.[24]

Expiry

The regulations were originally set to expire at the end of 17 January 2021,[25] but SI 2020/8 of 6 January moved the date on to 17 July 2021.[26]

See also

References
  1. SI 684 (2020).
  2. "English councils get new power to order shutdowns". 18 July 2020 – via www.bbc.co.uk.
  3. SI 750 (2020), Preamble.
  4. SI 750 (2020), Introductory note.
  5. @HansardSociety (17 July 2020). "Doesn't need to (& won't) be OK-ed by Parl before Sep" (Tweet) – via Twitter.
  6. SI 750 (2020), Reg 1(3).
  7. SI 750 (2020), Reg 1(2).
  8. SI 750 (2020), Reg 2(1).
  9. SI 750 (2020), Reg 2(2).
  10. SI 750 (2020), Reg 3(1).
  11. SI 750 (2020), Reg 4(5).
  12. SI 750 (2020), Reg 4(2).
  13. SI 750 (2020), Reg 4(3).
  14. SI 750 (2020), Reg 5(2).
  15. SI 750 (2020), Reg 5(3).
  16. SI 750 (2020), Reg 6(1).
  17. SI 750 (2020), Reg 7(1)&(2).
  18. SI 750 (2020), Reg 13(2).
  19. SI 750 (2020), Reg 7(3)&(4).
  20. SI 750 (2020), Reg 12(1)&(2).
  21. SI 750 (2020), Reg 12(3)&(4).
  22. SI 750 (2020), Reg 13(1).
  23. SI 750 (2020), Reg 14.
  24. SI 750 (2020), Reg 15.
  25. SI 750 (2020), Reg 19(1).
  26. SI 8 2021, Reg 2(4).

Bibliography
  • "SI 684". Legislation.gov.uk. 4 July 2020. The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020. Retrieved 4 July 2020.
  • "SI 750". Legislation.gov.uk. 18 July 2020. The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020. Retrieved 24 July 2020.
  • "SI 8". Legislation.gov.uk. 6 January 2021. The Health Protection (Coronavirus, Restrictions) (No. 3) and (All Tiers) (England) (Amendment) Regulations 2021. Retrieved 5 January 2021.
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