Emergency Lockdown Regulations in England
United Kingdom legislation
The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350), informally known as "the Lockdown Regulations", was a statutory instrument (SI) enacted on 26 March 2020 by the Secretary of State for Health and Social Care, Matt Hancock, in response to the COVID-19 pandemic. It became the principal delegated English legislation restricting freedom of movement, gatherings, and business closures during the COVID-19 emergency period until its revocation by The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 on 4 July 2020.
SI 2020/350 gave legal force to some of the 'lockdown' rules that had been announced by the Prime Minister Boris Johnson during a televised address on 23 March 2020. The SI related to England only; there were separate regulations for Wales, Scotland and Northern Ireland.
Initial responses, February to March 2020.
In response to early concerns of the virus's potential effects in England the UK government had brought in on 10 February 2020 The Health Protection (Coronavirus) Regulations 2020 under which the Secretary of State designated specific isolation facilities at which infected persons could be held and treated. Other early responses by the government to the developing COVID-19 pandemic took the form of guidance rather than legislation. Statements by ministers included advice to schools to cancel trips abroad (12 March); and advice to the public to avoid non-essential travel, crowded places such as pubs and theatres, mass gatherings, and visits to care homes (16 March). Schools, colleges and nurseries were ultimately closed (announced 18 March, effective 21 March).
Earlier regulations, in force 21 March 2020.
On 21 March the government enacted The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (SI 2020/327) which enforced the closure in England of businesses selling food and drink for consumption on the premises, as well as a range of other businesses such as nightclubs and indoor leisure centres where a high risk of infection could be expected. SI 2020/350 revoked SI 2020/327, which had come into force only five days earlier, and re-enacted most of its provisions with more extensive restrictions.
On 25 March the emergency Coronavirus Act 2020 came into force, giving the government wide-ranging discretionary powers in a range of policy areas. However, the Lockdown Regulations and subsequent amendments continued, as a public health matter, to derive their legal authority from the emergency provisions contained within the Public Health (Control of Disease) Act 1984, as amended.
Initial regulations, in force 26 March 2020.
Legal basis.
SI 2020/350 was introduced by way of a Statutory Instrument made by the Secretary of State for Health and Social Care, Matt Hancock, using emergency powers available to him under the Public Health (Control of Disease) Act 1984. The regulations themselves stated the legal basis for using such powers, namely "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"; he also certified that the restrictions "are proportionate to what they seek to achieve, which is a public health response to that threat."
The regulations came into force immediately they were made, at 1pm on 26 March, and were laid before parliament at 2.30pm on the same day. The Secretary of State used section 45R of the Public Health (Control of Disease) Act 1984 to enact the regulations immediately subject to retrospective approval by resolution of each House of Parliament within twenty-eight days. In the regulations themselves he stated that "by reason of urgency, it is necessary to make this instrument" without – as would normally be the case – having first placed a draft before parliament for prior discussion and approval.
Scope and review.
The regulations (which applied in England only), imposed restrictions during the "emergency period" which was defined as the period between 1pm on 26 March 2020 and such ending date as the Secretary of State may later specify. He was required to review the regulations at least every 21 days, and to terminate any restriction that he considered to be no longer necessary.
Business closures.
The business closures originally set out in SI 2020/327 were re-enacted. With a few exceptions, all premises selling food or drink for consumption on the premises had to remain closed including cafes, restaurants, bars and pubs; any adjacent seating area was to be treated as part of the premises. Hotels were, however, allowed to continue to provide food to guests via room service. The provision of food for consumption off the premises was explicitly stated to be allowed.
The regulation set out a new and more detailed list of non food-related businesses that had to cease entirely, including most sports venues, sports courts and gyms; indoor leisure facilities; nightclubs; personal care services such as beauty parlours, nail bars and hairdressers; cultural venues such as cinemas, theatres and museums; car showrooms; and all outdoor markets except stalls selling food.
In addition, libraries and all types of non-food shops were required to close unless they were on an approved list or were able to fulfil orders by delivery or without allowing personal access to their premises. The approved list of business premises allowed to remain open included food retailers, supermarkets; hardware, homeware and convenience stores; off licences; banks, building societies and post offices; laundrettes and dry cleaners; medical centres, pharmacies; vets, pet shops; petrol stations; car repairs; bicycle shops; taxi and vehicle hire; funeral directors; storage facilities; building and agricultural suppliers; car parks, and public toilets.
Subject to a few exceptions, all accommodation businesses such as hotels, B&amp;Bs, holiday cottages and campsites had to cease operation.
Places of worship also had to be closed, except for funerals or to provide essential voluntary services such as food banks. Similarly, burial grounds and crematoria were off-limits to the public, except when actually in use for a burial or funeral.
Restrictions on movement.
As a general rule, no person was allowed to leave the place where they were living without 'reasonable excuse' (though this did not apply to anyone already homeless). No exhaustive definition of 'reasonable excuse' was provided, though the need to leave home to do any of the following was specifically allowed: to obtain basic necessities (including food and medical supplies) for those in the same household or for a vulnerable person; to obtain supplies for the essential upkeep, maintenance and functioning of the household, or that of a vulnerable person; to obtain money; to take exercise either alone or with other members of the household; to seek medical assistance; to provide emergency assistance, or assistance to a vulnerable person; to donate blood; to move house where reasonably necessary; to fulfil a legal obligation; to access critical public services including childcare; to continue existing child-access arrangements between parents; to avoid injury or illness or to escape a risk of harm.
Travel for the purposes of work or voluntary service was considered a 'reasonable excuse' only if it was not reasonably possible to work at home. Religious leaders were allowed to leave home to attend their place of worship.
Leaving home to attend a funeral was allowed only if the deceased was a close family member or a member of the person's household. Attending the funeral of a friend was prohibited unless there were neither close family members nor members of the deceased's household in attendance.
Restrictions on gatherings.
Generally, all public gatherings of more than two people were prohibited. The only exceptions were: where all persons were members of the same household; where the gathering was essential for work purposes; to attend certain funerals; or where reasonably necessary to facilitate a house move, provide emergency assistance, provide care to a vulnerable person, to participate in legal proceedings or fulfil a legal obligation.
Offences and enforcement.
Enforcement of the regulations was in the hands of the police, with provision being made for the local authority and the Secretary of State to designate additional people for some purposes.
It was a criminal offence to breach the restrictions on movement, or without reasonable excuse to breach any of the gathering or business closure rules. Enforcement was by fixed penalty notice (£60 for a first offence, halved for prompt payment) or by prosecution.
A police officer had the power to direct anyone in breach of the restrictions on movement to return home, and to direct unlawful public gatherings to disperse, in both cases using force if necessary. Failure to comply was an offence.
Expiry.
The regulations were set to expire on 26 September 2020, but in the event were revoked on 4 July 2020.
Amendments of 22 April 2020.
SI 2020/350 was amended on 22 April 2020, after 26 days, by The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020 (SI 2020/447).
Legal basis.
The amendments were made under the same emergency powers as the main regulations. They came into force at 11.00am on April, and were laid before parliament at 12.30pm on the same day. The Secretary of State again used section 45R of the 1984 act to enact the regulations "by reason of urgency" subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.
Changes to the regulations.
SI 2020/447 corrected some errors in the original drafting, and dealt with some unintended consequences. In connection with the restrictions on movement, it changed the wording from "no person may leave the place where they are living without reasonable excuse" to "no person may leave "or be outside of" the place where they are living without reasonable excuse" – thereby requiring a person travelling outside the home to have a reasonable excuse for the entire away-from-home period, and not just at the point of leaving the property.
To allow people to grieve for lost friends or household members, a new 'reasonable excuse' was added to allow some visits to burial grounds and gardens of remembrance. It was made clear that outdoor swimming pools must remain closed, but that livestock markets could continue. Cash points could also remain operational.
Amendments of 13 May 2020.
SI 2020/350 was again amended on 13 May 2020, after a further 20 days, by The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 (SI 2020/500).
Legal basis.
The amendments were made under the same emergency powers as the main regulations. They came into force at midnight prior to 13 May, and were laid before parliament at 9.30am on the same day. The Secretary of State again used section 45R of the 1984 act to enact the regulations "by reason of urgency" subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.
Changes to the regulations.
SI 2020/500 provided for the opening of garden centres and outdoor sports courts. It expanded the list of "reasonable excuses" for leaving home to permit people to collect goods that had been pre-ordered from a business; to use a waste or recycling centre; and to move home and engage in related activities such as viewing properties to buy or rent.
The rules on exercise away from the home were relaxed to allow it to be taken with several members of the same household or with one member of another household. Visits to public open spaces (including public gardens) for the purposes of open-air recreation were also allowed, again if desired with several members of the same household or with one member of another household.
The fixed penalty for a first breach of the regulations was increased from £60 to £100 – as before, with a 50% reduction for prompt payment.
Amendments of 1 June 2020.
SI 2020/350 was again amended on 1 June 2020, after a further 19 days, by The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 (SI 2020/558).
The amendments increased the period for regular review of the regulations by the Secretary of State from 21 to 28 days.
Legal basis.
The amendments were made under the same emergency powers as the main regulations. The regulations came into force at midnight prior to 1 June, and were laid before parliament at 11.30am on the same day. The Secretary of State again used section 45R of the 1984 act to enact the regulations "by reason of urgency" subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.
Changes to business closures.
Outdoor non-food markets could re-open, as could car showrooms. Outdoor sports amenities were also allowed to re-open, including water sports, stables, shooting and archery venues, golf courses and driving ranges.
Some types of venue, previously not mentioned, were now explicitly required to remain closed including indoor games, recreation and entertainment venues, theme and adventure