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Accessible legal tips, know-how and news for anyone with a complaint or legal issue from Stephen Gold, author of The Return of Breaking Law, the book
Thursday, 24 September 2020
COVID-19: NEW RESTRICTIONS:ENGLAND
The latest coronavirus regulations for England - the Health Protection (Coronavirus, Restrictions) (No2)(England) (Amendment) Regulations SI 2020/1029- were published at about one minute before midnight yesterday and alomst all of them came into force at 5.00am today 24 September 2020. That's what I call fast-track law. The remaining bits and pieces come into force on 28 Seeptember 2020. Here's an edited extract from the government's explanation of the changes for you to get your teeth into. But remove your face covering first!
"This instrument makes a number of changes to the Original Regulations. In particular:
Regulation 4A has been inserted into the Original Regulations to provide for:
• The closure of businesses selling food or drink from 22:00 – 05:00
o Cinemas, theatres or concert hall can stay open beyond 22:00 to
conclude a performance that has begun before 22:00, but would then be
obliged to shut once the performance has concluded.
o Businesses which are required to close will be able provide services via
drive through or delivery.
o Exceptions are provided for certain types of business, such as
motorway service areas and supermarkets, convenience stores and
cornershops.
Regulation 4B has been inserted into the Original Regulations to require certain
businesses to:
• Take reasonable steps to ensure that customers only consume food and drink
while seated.
• If the business serves alcohol for consumption on the premises, to only take
orders for food and drink from customers who are seated and only serve them
while they are seated. The business must also take reasonable steps to ensure
that customers only consume food and drink while seated.
Amendments are also made to each of the following regulations to remove their
restrictions on businesses, and allow the provisions in Regulations 4, 4A and 4B of the
Original regulations to take effect in their protected areas:
• the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2)
Regulations 2020.
• the Health Protection (Coronavirus, Restrictions) (North of England)
Regulations 2020.
• the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and
Solihull) Regulations 2020.
• the Health Protection (Coronavirus, Restrictions) (North East and North West
of England) Regulations 2020.
Regulation 5 of the Original Regulations is amended in relation to the exemptions on
gatherings restrictions:
• The exemptions to the gatherings limit have been amended (Regulation 5(3))
to:
o Restricting attendance at weddings and wedding receptions to 15
(down from 30)
o Removal of exemption for religious or belief based standalone life
cycle ceremonies (except for funerals, which will have a limit of 30
people able to attend)
o Removal of the exemption for indoor organised sport (although indoor
sport which is organised for the purpose of allowing persons who have
a disability to take part will continue to be exempt, subject to
conditions)
o Place numerical restrictions of a maximum of 15 participants in a
support groups, and restrict them from taking place in a private
dwelling.
Regulation 9 is amended to provide for the doubling of the amount included in Fixed
Penalty Notices for breaches of the restrictions on participation in gatherings, the
restrictions on access to specific outdoor places and the requirements to close
business, meaning that the initial fine level starts at £200 to a maximum of £6 400.
Amendments are also made to the following regulations to provide for equivalent
Fixed Penalty Notices to be issued:
• the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2)
Regulations 2020.
• the Health Protection (Coronavirus, Restrictions) (North of England)
Regulations 2020.
• the Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020.
• the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and
Solihull) Regulations 2020.
• the Health Protection (Coronavirus, Restrictions) (North East and North West
of England) Regulations 2020.
A separate series of levels for Fixed Penalty Notices are established for the new
restrictions in regulations 4A and 4B on the Original Regulations. The first Fixed
Penalty Notice issues in relation to the offences of breaching these restrictions is set at
£1,000, and increases to £2,000 for a second notice, £4,000 for a third notice, and
£10,000 for the fourth and all subsequent notices. Consequential amendments are also
made to all of the Regulations mentioned in 6.13 to ensure that the issue of an Fixed
Penalty Notice in relation to regulations 4A and 4B of the Original Regulations does
not affect the escalation of Fixed Penalty Notices in those Regulations, in the same
way that it does not affect the escalation of Fixed Penalty Notices in relation to other
offences in the Original Regulations.
This instrument also amends the Health Protection (Coronavirus, Restrictions)
(Bolton) Regulations 2020 to provide that businesses in the protected area which are
prevented from selling food or drink for consumption off the premises between the
hours of 22.00 and 05.00 may still be allowed to make deliveries and allow customers
to collect food or drink via a drive through if they remain in their vehicle."