LOCKDOWN 2 REGS NOW IN FORCE
Today, the 5th November 2020, England enters Lockdown 2 thanks to the increase in COVID19 cases across the country. This means that the The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 are now in force, with fines of up to £10,000 or prosecution for anyone that flouts the regulations.
The full regulations can be read here: https://www.legislation.gov.uk/uksi/2020/1200/contents/made
The regulations are lengthy, with around 65 exceptions to consider. Hopefully the points below will be of some assistance in navigating through the new rules.
For the purposes of the Regulations, you are “vulnerable” if you are aged 70 years or over.
Leaving Your Home
You must not leave your place of residence (which includes your garden or garage), or be outside your home without a reasonable excuse. A reasonable excuse may include:
- Using a business or service that is allowed to stay open. You can also access such businesses/ services for vulnerable people, but it must be reasonably necessary for you to do so.
- Exercise- You can exercise outside on your own or with 1 or more members of your household, your linked household OR your linked childcare household OR with one other person who is not a member or your household, linked household or linked childcare household. You cannot be outside with all of your household and a member from another household. Gatherings of more than 3 are not permitted (see below) Carers, or children below the age of 5 years, are not included in the headcount.
- Attending a place of worship
- Attending an outdoor Remembrance Sunday event
- Activities in connection with the sale/ rent of a property
- Work, offering voluntary or charitable services, education or training
- Seeking emergency assistance
- Fulfilling a legal obligation
- Accessing critical or charitable services
- Medical Need
- Escaping a risk of harm
- Attending a support group
- Respite Care
- Visiting someone who is considered to be “at the end of life”
- Attending a funeral
- Attending a wedding/ civil partnership (these are limited)
- Children can move between parents’ homes
- Accessing educational facilities
- Arranging informal childcare for a child under 13 years with a linked household
- Animal welfare
- Attending a prison visit
- Returning from holiday
Restrictions on Gatherings
A gathering is where 2 or more people are present to interact with one another/ undertake an activity with each other. You cannot have people at your home or in your garden who are not part of your household or linked household.
Parents from different households can go out together provided the child/ children are under 13 years of age
You can gather with a linked household (see rules below)
You can gather for work purposes.
Whilst protests are not banned per se, the rules are unclear. It is likely protests may be permitted provided social distancing is followed.
Relevant Gathering
A relevant gathering for the purposes of the Regulations is one where there are more than 30 persons present. If you are involved in such an event, you could face a fine of £10000. There is no appeal process other than by refusing to pay the fine and attending Court, but the Courts are able to impose unlimited fines and costs if you are unsuccessful at arguing your case. It is important to seek legal advice.
An exception to the rule on “Relevant Gatherings” is if the event is organised by a charity, business or political organisation that has taken necessary precautions.
Exceptions to the Restrictions on Gatherings
The exceptions are exhaustive, so if these do not apply, you must not meet:
- You are present with the same or a linked household
- The gathering is necessary for work, education or training
- You are facilitating a house move
- You are fulfilling a legal obligation
- The gathering takes place in criminal justice accommodation
- You are attending a support group of no more than 15 persons (children are not included in the headcount)
- You are attending someone in hospital
- You are attending someone in a care home/ respite care
- You can accompany someone to a medical appointment provided they are a member of your household, a close family member or a friend.
- You can attend a wedding of up to 6 people, although these are only permitted if a party is seriously ill
- You are attending someone at “end of life”
- You are attending a funeral of no more than 30 person
- You are attending a commemorative event following a death of no more than 15 persons
- You are involved in elite sport
What is a Linked Household?
This is otherwise known as your “Support Bubble”.
Where 1 household has only 1 adult (and however many children) they can link with a 2nd household, with any number of adults and any number of children. This ensures that a single adult has a Support Bubble.
Linked childcare household
Where a household has at least 1 child under the age of 13 years, they may link with 1 other household for the purpose of informal childcare.
Where you have 2 linked households, neither household can be linked with another household. (There must not be a third or fourth linked household)
The COVID19 Regulations go on to discuss the closure of businesses and the rules for businesses that are still operational, but we have focused on the main points for members of the public for the purpose of this blog post.
If you have received a Fixed Penalty Notice or have been charged with an offence under the COVID19 Coronavirus Regulations, please contact Hashmita Patel or Stephanie Brownlees on 01902 275 042.
