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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium, High and Very High) (England) (Amendment) (No. 2) Regulations 2020 No. 1176 URL: http://www.bailii.org/uk/legis/num_reg/2020/uksi_20201176_en_1.html |
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This Statutory Instrument corrects errors in S.I. 2020/1103, S.I. 2020/1104 and S.I. 2020/1105 and is being issued free of charge to all known recipients of those Statutory Instruments.
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 1.20 p.m. on 26th October 2020
Laid before Parliament
at 3.00 p.m. on 26th October 2020
Coming into force
27th October 2020
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) (Medium) (England) Regulations 2020(2), the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020(3) and the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020(4) 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) (Medium, High and Very High) (England) (Amendment) (No. 2) Regulations 2020.
(2) These Regulations come into force on 27th October 2020.
2. In Schedule 2 to the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020, omit "Warrington Borough Council".
3.-(1) The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020 are amended as follows.
(2) In Schedule 2, before "Greater Manchester", insert-
Warrington Borough Council".
(3) In Schedule 2A, after paragraph 4, insert-
5.-(1) The businesses and services in this sub-paragraph are restricted businesses and restricted services in those areas listed in Schedule 2 in relation to Cheshire-
(a) betting shops and adult gaming centres;
(b) casinos;
(c) soft play areas and soft play centres.
(2) Paragraph 17(1) of Schedule 1 and sub-paragraph (1)(c) do not prevent the use of soft play areas and soft play centres by persons with a disability within the meaning of paragraph 11(4) of Schedule 1.".
4. The Schedule makes minor amendments to-
(a) the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020,
(b) the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020, and
(c) The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020.
Matt Hancock
Secretary of State,
Department of Health and Social Care
At 1.20 p.m. on 26th October 2020
Regulation 4
1.-(1) The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020 are amended as follows.
(2) In Schedule 1-
(a) in paragraph 3(16)(a), for "7(8)" substitute "7(9)";
(b) in paragraph 7(6)(a)(i), for "organisation" substitute "institution";
(c) in paragraph 13(5)(c), after "carrying on" insert "of";
(d) in paragraph 14-
(i) in sub-paragraph (2), after "restricted service," insert ", in the Tier 1 area";
(ii) in sub-paragraph (4), in the opening words, for "with" substitute "within".
(3) In Schedule 3-
(a) in the heading to paragraph 5, before "Amendment", the second time it occurs, insert "(";
(b) in paragraph 7-
(i) in sub-paragraph (1)-
(aa) after paragraph (d), insert-
"(da) regulation 8(9)(b)(iii) or (iv), 10(3)(b), 10(14)(a) or 11 of the Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020;";
(bb) in paragraphs (f) and (g), for "COVID 19-Alert", substitute "COVID-19 Alert";
(ii) in sub-paragraph (3), before "Obligations)", insert "(".
2.-(1) The Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020 are amended as follows.
(2) In Schedule 1-
(a) in paragraph 3(2), for "paragraph" substitute "sub-paragraph";
(b) in paragraph 4-
(i) in sub-paragraph (4)(i), after "Agencies Regulations" insert "2005";
(ii) in sub-paragraph (10), in the opening words, after "gathering is" insert "for the purposes of";
(c) in paragraph 5-
(i) in sub-paragraph (4)(i), after "Agencies Regulations" insert "2005";
(ii) in sub-paragraph (10)-
(aa) in the opening words, after "gathering is" insert "for the purposes of";
(bb) in paragraph (c), after "organiser" insert "or manager";
(d) in paragraph 10(4)(a), for "organisation" substitute "institution";
(e) in paragraph 16(5)-
(i) in paragraph (b), for "the train" substitute "the aircraft, train";
(ii) in paragraph (c), after "carrying on" insert "of".
(3) In Schedule 3, in paragraph 5(1)-
(a) after paragraph (c), insert-
"(ca) regulation 8(9)(b)(iii) or (iv), 10(3)(b), 10(14)(a) or 11 of the Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020;";
(b) in paragraph (f) and (g), for "COVID 19-Alert", substitute "COVID-19 Alert".
3.-(1) The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020 are amended as follows.
(2) In regulation 6(7), at the beginning of sub-paragraphs (b) and (c), insert "the".
(3) In Schedule 1-
(a) in paragraph 2(2)(a), omit "in" the second time it occurs;
(b) in paragraph 4(10), for paragraph (c), substitute-
"(c) the gathering takes place-
(i) at premises, other than a private dwelling, which are operated by a business, a charitable, benevolent or philanthropic institution or a public body,
(ii) at premises, other than a private dwelling, which are part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body, or
(iii) in a public outdoor place not falling within sub-paragraph (i) or (ii), and";
(c) in paragraph 5(4), after "reasonably" insert "necessary";
(d) in paragraph 11-
(i) in sub-paragraph (3)(a)(i), for "organisation" substitute "institution";
(ii) in sub-paragraph (7), for "(7)" substitute "(6)";
(e) in paragraph 12-
(i) in sub-paragraph (14), in the opening words, for "(11)" substitute "(10)";
(ii) in sub-paragraph (15)(b), for "(17)" substitute "(16)";
(iii) in sub-paragraph (16), in the opening words, for "(16)(b)" substitute "(15)(b)";
(f) in paragraph 18(2), for paragraph (c), substitute-
"(c) a person has a disability if that person has an impairment that falls within paragraph 11(4);";
(g) in paragraph 19-
(i) in sub-paragraph (1), for "sub-paragraphs", substitute "sub-paragraph";
(ii) in sub-paragraph (4)(d), in the opening words, for "with" substitute "within".
(4) In Schedule 2A, in paragraph 4(1), for "paragraph" substitute "sub-paragraph".
(5) In Schedule 3-
(a) in paragraph 1(2), omit "respectively";
(b) renumber paragraph 4(1) as paragraph 4;
(c) in paragraph 4-
(i) after sub-paragraph (a), insert-
"(aa) regulation 8(9)(b), 10(3)(b), 10(13) or 11 of the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020;";
(ii) in sub-paragraph (c), at the end insert "2020";
(iii) in sub-paragraph (f), after "(Medium)" insert "(England)";
(iv) in sub-paragraph (g), after "(High)" insert "(England)".
(This note is not part of the Regulations)
These Regulations subject the area of Warrington Borough Council 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 Warrington from the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020. They impose closures on additional businesses in that area.
They also make a number of minor corrections to the Very High Regulations, the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020, and the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020.
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. 2020/1103, amended by S.I. 2020/1154.
S.I. 2020/1104, amended by S.I. 2020/1128, 1131 and 1154.
S.I. 2020/1105, amended by S.I. 2020/1128, 1131 and 1154.
