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01/06/2020

Health Protection (Coronavirus, Restrictions) (England) 3rd amendment

Subject: Coronavirus emergency

Source: www.legislation.gov.uk

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020  have been amended for the third time by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 (SI 2020 No. 558)., effective 1 June 2020.

The regulations amend a number of public health measures under the original

regulations (SI 2020/350) following the Government’s announcement of a further relaxation of the restrictions.

The regulations further amend the requirement for review of the restrictions and requirements in the restrictions regulations. These will in future be reviewed every 28 days, the first such review taking place by 25 June 2020.

The Government considers that as the primary purpose of the regulations relate to the protection of public health, any corresponding changes are within the devolved legislative competence of the three Devolved Administrations in Northern Ireland, Scotland and Wales.

Closure and restrictions on business and other activities

 

The following changes are made:

*  indoor fitness studios, gyms, sports courts, indoor or outdoor swimming pools and other indoor leisure centres or facilities remain open for training for elite athletes (as defined) only.

*  accommodation may be provided to; those required to self-isolate by law; and to elite athletes, their coaches, and a parent or legal guardian of an elite athlete who is under the age of 18 at the time of the training or competition, where necessary for the purposes of training or competition.

*  community centres and places of worship may open for provision of early years childcare provided by a person registered on the Early Years Register under Part 3 of the Childcare Act 2006.

*  all outdoor markets may open.

*  vehicle showrooms and other premises, including outdoor areas used for

the sale or hire of caravans, boats, or any vehicle which can be propelled by

mechanical means may open.

*  amenities for water sports, stables, shooting and archery venues, golf

courses and driving ranges may open.

Restrictions on movement of people

 

The restriction on leaving home without reasonable excuse is substituted by a Regulation to provide that no person may stay overnight at any place other than the place where they are living except with reasonable excuse; specific examples of reasonable excuses include cases where an individual:

*  needs to stay elsewhere to attend a funeral of the deceased who was a member of the individual’s household or a close family member or, if no member of the household or close family member of the deceased is attending, was a friend of the deceased;

*  is an elite athlete, a coach of an elite athlete, or (in the case of an elite athlete who is under the age of 18), a parent of the elite athlete, and needs to stay elsewhere for the purposes of training or competition;

*  needs to stay elsewhere while moving house;

*  it is reasonably necessary for an individual to stay elsewhere for work purposes, or for the provision of voluntary or charitable services; to provide care or assistance to a vulnerable person; to provide emergency assistance; to avoid injury or illness, or to escape a risk of harm; to obtain medical assistance;

*  needs to stay elsewhere to fulfil a legal obligation or participate in legal proceedings;

*  is a child that does not live in the same household as their parents, or one of their parents, and the overnight stay is necessary to continue existing arrangements for access to, and contact between, parents and children;

*  is unable to return to the place where he/she lives, because it is not safe for him/her to live there; may not lawfully travel there; is required by law to stay in another place; or the place where he/she is living is not available to him/her for any other reason.

The restrictions do not apply to any individual who is homeless.

Restrictions on gathering

The restriction on gathering now provides that unless one of the permitted reasons apply, no individual may participate in a gathering which takes place in a public or private place:

*  outdoors with more than five other individuals; or

*  indoors with one or more other individuals.

The permitted reasons are:

*  all the individuals are members of the same household;

*  to attend a funeral of the deceased who was a member of the individual’s household or a close family member or, if no member of the household or close family member of the deceased is attending, was a friend of the deceased;

*  the individual concerned is an elite athlete, a coach of an elite athlete, or (in the case of an elite athlete who is under the age of 18), a parent of the elite athlete, and the gathering is necessary for training or competition;

*  the gathering is reasonably necessary for work purposes, or for the provision of voluntary or charitable services; to facilitate a house move; to provide care or assistance to a vulnerable person; to provide emergency assistance; for the purposes of early years childcare provided by a person registered on the Early Years Register under Part 3 of the Childcare Act 2006;

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

*  to continue existing 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;

*  the individual person concerned is fulfilling a legal obligation or participating in legal proceedings;

*  the gathering takes place at an educational facility and is reasonably necessary for the purposes of education.

A ‘gathering’ is treated as occurring when two or more people are present together in the same place in order to engage in any form of social interaction with each other, or to undertake any other activity with each other. A place is ‘indoors’ if it would be considered to be enclosed or substantially enclosed for the purposes the Smoke Free (Premises and Enforcement) Regulations 2006.

 

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