Coronavirus Restrictions Regulations

The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 SI 2020/750 came into force on 18 July 2020 and have now been extended until 17 July 2021. These regulations give powers to local authorities to issue a direction to impose prohibitions, restrictions or requirements in respect of:

individual premises (regulation 4(1));

events (regulation 5(1)); and

public outdoor places (regulation 6(1)).

A local authority may give a direction under regulation 4(1), 5(1) or 6(1) only if it considers that the following conditions are met:

a) that giving such a direction responds to a serious and imminent threat to public health,

b) that the direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the local authority’s area, and

c) that the prohibitions, requirements or restrictions imposed by the direction are a proportionate means of achieving that purpose.

The local authority must have regard to any advice provided by its local director of public health, its interim or acting director of public health, or a consultant appointed by the director, interim director or acting director of public health, in order to issue a direction under the No. 3 regulations.

The No. 3 regulations also allow for the Secretary of State to give a direction to a local authority requiring it to issue a direction under regulation 4(1), 5(1) or 6(1) if the conditions in paragraphs (a)-(c) would be met in relation to the direction. The Secretary of State may also revoke such a direction but must first consult the chief medical officer or deputy CMO of DHSC. To date, I have not given or revoked any directions under regulation 3 of the No. 3 regulations.

To help support local authorities in their decisions to issue directions under the No. 3 regulations, optional templates for directions, a decision-making guide and a process map have been provided by the Joint Biosecurity Centre. In addition, a newsletter is regularly published offering additional guidance, local authority case studies and communication of initiatives within local areas to provide assistance. Training has also been offered to all local authorities on the aims and use of the No. 3 regulations, most recently in March 2021.

Local authorities have used the No. 3 regulations to manage the risk of virus transmission in their local areas. Figures from 18 July 2020 to 29 April 2021 are:

Directions can be used to restrict activity in individual premises, events and public outdoor places in a variety of ways, such as restricting customer numbers, requiring seating to be suitably distanced and ensuring customer social distancing. A direction may also be used to close a business or place restrictions on, or prohibit, an event where the risk of transmission, and therefore risk to health, is considered too high. Two thirds of directions issued under regulation 4(1) have closed businesses, while one third have placed restrictions upon the business. Directions issued under regulation 4(1) account for 83% of all directions issued, while directions issued under regulation 5(1) on events, and regulation 6(1) on public outdoor places, account for 15% and 2% of all directions issued, respectively.

As of 29 April 2021, I have considered seven representations from appellants which were made under regulation 4(9)(b) and 5(9)(b) of the No. 3 regulations. On all occasions, after investigation and thorough consideration of the representations and epidemiological data, I decided that it was not appropriate to exercise my power in regulation 3(2) and I upheld the directions on the basis that they were made in response to a serious and imminent threat to public health, were necessary and proportionate, and were based on the epidemiological evidence and other available information.

I will continue to provide updates to the House regarding the use of these powers.

[HCWS28]