Regulations made by the Secretary of State, laid before Parliament under section 45R of the Public Health (Control of Disease) Act 1984 (c. 22), for approval by resolution of each House of Parliament within twenty-eight days beginning with the day on which the instrument is made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.
Statutory Instruments
Public Health, England
Made
at 2.15 p.m. on 16th October 2020
Laid before Parliament
at 2.55 p.m. on 16th October 2020
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(b), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984(1).
These Regulations are made in response to 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.
The Secretary of State considers that the restrictions and requirements imposed by the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020(2) as amended by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act, the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.
1.-(1) These Regulations may be cited as the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) (Amendment) Regulations 2020.
(2) Regulation 3(7) comes into force-
(a) for the purpose of inserting Schedule 2A, and paragraph 1 of that Schedule, on 17th October 2020;
(b) for all other purposes, on 19th October 2020.
(3) All other provisions of these Regulations come into force on 17th October 2020.
2. In the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020(3), in Schedule 2, omit "Lancashire" and the entries from "Blackpool Council" to "Wyre Borough Council" under it.
3.-(1) The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020 are amended as follows.
(2) In regulation 3(1) and (2)(a), at the end insert "and Schedule 2A".
(3) In regulation 4-
(a) in paragraph (2)(a), after "Schedule 1", insert "or Schedule 2A";
(b) in paragraph (10), after "Schedule 1", insert "or Schedule 2A".
(4) In regulation 6-
(a) in paragraph (12)(a), after "Schedule 1", insert "or Schedule 2A";
(b) in paragraph (17)(a), after "Schedule 1", insert "or Schedule 2A".
(5) In Schedule 1-
(a) in the heading before paragraph 5, at the end insert "and certain outdoor gatherings"
(b) in paragraph 5(1), at the end insert "and outdoor gatherings in a place which does not satisfy the conditions set out in paragraph 2(4)";
(c) in paragraph 9(5)-
(i) in paragraph (a), after "indoor gatherings", insert "or outdoor gatherings in a place which does not satisfy the conditions in paragraph 2(4)";
(ii) in paragraph (b), in the opening words, after "gatherings", insert "in a place which satisfies the conditions in paragraph 2(4)";
(d) in paragraph 17(4)-
(i) for paragraph (a), substitute-
"(a) is of a kind specified-
(i) in paragraph 19(4) in relation to the Tier 3 area, or
(ii) in Schedule 2A in relation to an area specified in that Schedule, or";
(ii) in paragraph (b), at the end insert "or in Schedule 2A";
(e) in paragraph 18-
(i) in sub-paragraph (3), for paragraph (a), substitute-
"(a) carrying on a business which is not a restricted business, or providing a service which is not a restricted service, in premises which are separate from the premises used for the closed business,";
(ii) after paragraph (3), insert-
"(4) For the purposes of paragraph (3), premises ("premises A") are separate from the premises used for the closed business ("premises B") if-
(a) premises A are in a self-contained unit, and
(b) it is possible for a member of the public to enter premises A from a place outside premises B.";
(f) in paragraph 19-
(i) in sub-paragraphs (2), (3) and (4), at the beginning, insert "Subject to sub-paragraph (8)",
(ii) in sub-paragraph (4), omit paragraphs (g) to (j), and
(iii) after sub-paragraph (7), insert-
"(8) A business or service does not fall within sub-paragraph (2), (3) or (4) in any area in relation to which it is specified in Schedule 2A."
(6) In Schedule 2, for paragraphs 1 to 6, substitute-
Blackpool Council
Blackburn with Darwen Borough Council
Burnley Borough Council
Chorley Borough Council
Fylde Borough Council
Hyndburn Borough Council
Lancaster City Council
Pendle Borough Council
Preston City Council
Ribble Valley Borough Council
Rossendale Borough Council
South Ribble Borough Council
West Lancashire Borough Council
Wyre Borough Council
Halton Borough Council
Knowsley Metropolitan Borough Council
Liverpool City Council
Sefton Borough Council
St Helens Borough Council
Wirral Metropolitan Borough Council".
(7) After Schedule 2, insert-
Regulation 3
1. The businesses and services in this paragraph are restricted businesses and restricted services in those areas listed in Schedule 2 in relation to Liverpool City Region-
(a) betting shops and adult gaming centres;
(b) casinos;
(c) indoor gyms, fitness and dance studios;
(d) indoor sports facilities.
2.-(1) The businesses and services in this paragraph are restricted businesses and restricted services in those areas listed in Schedule 2 in relation to Lancashire-
(a) betting shops and adult gaming centres;
(b) casinos;
(c) bingo halls;
(d) soft play areas;
(e) car boot sales.
(2) Paragraph 17(1) of Schedule 1 and sub-paragraph (1)(d) do not prevent the use of soft play areas by persons with a disability within the meaning of paragraph 11(4) of Schedule 1".
Matt Hancock
Secretary of State,
Department of Health and Social Care
At 2.15 p.m. on 16th October 2020
(This note is not part of the Regulations)
These Regulations subject a number of areas to the restrictions set out in the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020 (the "Very High Regulations") and make corresponding amendments to remove those areas from the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020. They also impose closures on additional businesses in specified areas, and make a number of other minor amendments to the Very High Regulations.
No impact assessment has been prepared for these Regulations.
1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).
S.I. 2020/1104, amended by S.I. 2020/1128.