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(1) THREAD - LOCKDOWN 2 REGS - full regs are here https://www.legislation.gov.uk/uksi/2020/1200/contents/made
(2) As predicted a free standing set of regs, and it revokes (or rather will revoke) the 3 tier regs
(3) Starting with the restrictions on movement, as per lockdown 1, you can't leave the house without a reasonable excuse - reg 5
(4) Regulation 6 gives some examples of what might be a reasonable excuse - as these are just examples there may well be others
(5) Exception 1 is if leaving home is "reasonably necessary for certain purposes" - this doesn't mean (in my view) the purpose needs to be reasonably necessary, rather that if the purpose is engaged and it is reasonably necessary to leave home to do it, you're within it.
(6) There's a list of 10 purposes, labelled (a)-(j) - here's the first half - shopping, bank, exercise, recreation in public outdoor place.
(7) and here's the second half (ok 60%) - place of worship, Remembrance Sunday, house-hunting etc, visiting linked household, click and collect and going to the tip
(8) For the exercise / recreation exemption - where you can meet with one other household - no account is taken of a carer or child under 5
(9) The other exemptions are 2 - work, voluntary services, education and training, 3 elite athletes, 4 medical need, 5 support and respite, 6 "Death bed visit", 7, funerals...
(10) Exception 8 to leaving the home is marriages - but just the ceremony not the reception. 9 is a complex series of childcare provisions, 10 is animal welfare, 11 is coming home from a holiday you went on before the regs came into force and 12 is prison visits.
(11) Then there are restrictions on gatherings in reg 8 which prohibit an gathering of 2 or more (unless an exception applies). "Indoors" is defined by reference to the Smoke-free regs - don't get me started on those.
(12) Reg 9 prohibits outdoor gatherings of 3 or more in a "public outdoor" place - essentially a park, the countryside, highway - any other outdoor place and the rule is no gatherings (unless an exception applies)
(13) Reg 10 puts a ban on organising big gatherings, so 30 or more people which are either indoor raves or outdoor gatherings which haven't been risk-assessed (I summarise).
(14) Then there's a bunch of exceptions (14 of them) to the restrictions on outdoor gatherings in reg 11, the main one of which is exception 1: same or linked households.
(15) The other gathering exceptions are in the whole familiar to students of the regs - work purposes, education & training, emergencies, legal obligations, gatherings in prison, support groups, respite care (a new one), births....
(16) Here's an important one (not to say others aren't) - wedding etc ceremonies of no more than 6 people are permitted if risk-assessed.
(17) More exceptions to gathering restrictions: "visiting a dying person" (a different label to the rather bleak "death bed visits" exception to leaving the house), funerals of up to 30 persons (risk assessed), wakes of up to 15 persons (risk assessed); elite sports....
(18) Complex childcare provisions, and Remembrance Sunday and Armistice Day in Westminster Abbey on 11/11/20 (strangely Armistice Day is not a defined reasonable excuse to leave the house, but can't imagine anyone is going to nitpick about that)
(19) So turning to businesses, we have 3 categories of business and services - 1. those are restricted, 2. those that have to shut and 3. those that can stay open.
(20) Restricted is the hospitality trade
(21) Basically (and I summarise) on-sales have to stop but deliveries, click and collect and drive thru are all ok - see regulations 15 and 17.
(22) Those that have to shut are (part 1):
(23) Those that have to shut (part 2)
(24) Those that can stay open
(25) And then, in the words of Gary Oldman, all the Zorg oldies but goldies - fixed penalty notices (which are not fines - payment is optional - but you might get prosecuted), if you are prosecuted unlimited fines in the mags' ct....
(26) Full range of enforcement to constables, lesser range to local authority officers, "all reasonable steps" and no express power of entry - reg 19.
(27) Unlike previous regs there's a sunset clause (instigated no doubt following the rumblings of @SirGrahamBrady over the weekend) - reg 23 gives the regs a life of 28 days (although they survive for the purposes of prosecuting offences etc whilst they were in force).
(28) Before anyone sues me I now realise that leaving the home to go to the Armistice Day ceremony in Westminster Abbey is now a specific exception to the restriction on leaving the house.
(29) And although the guidance seemed to be giving botanical gardens a hard time, the good news is that they don't have to shut (although indoor attractions at botanical gardens do).
(30) Now to compare some of the guidance issued on Sunday with the regulations. The ban on "overnight stays" over-cooks it:
(31) The regulations contain no ban on overnight stays - if you have a reasonable excuse to leave the home then an overnight stay is fine - this must be right - what if you go from Penzance to visit a dying relative in Newcastle - you must surely be able to stay overnight?
(32) The ban on staying a 2nd home is not in the regs - it simply provides that you may not "leave ... the place you are living without reasonable excuse" - it's arguable (I think) that you may live in 2 places or that going to your 2nd home is a reas. excuse to leave the 1st.
(33) I should make it clear that the list of exceptions for leaving homes are merely EXAMPLES of reasonable excuses to leave the home - it is not a comprehensive list - this is different from the list of exceptions for gatherings which is self-contained and comprehensive.
(34) Something that has concerned a lot of person is can someone in a linked household stay overnight in the house of the household they are linked with - much to my mother's relief (I think) the answer is yes, as presaged in the guidance
(35) Although of course the luxury of time is something the Parliamentary Counsel and the guidance authors have not had, it is perhaps unfortunate that even now different expressions are being used for the same think - support bubble in the guidance, linked households in the regs
(36) Presumably the govt rowed back from the stark statement in the guidance that takeaways of alcohol weren't permitted - if it was not, and simply a loose use of language, it has caused turmoil in the hospitality trade for the last 72 hours
(37) To be clear, the regulations do not provide for this and permit pubs, restaurants etc to sell alcohol for consumption off the premises by way of delivery, click and collect and drive thru (or drive by)
(38) Some of the detail now emerging and I'm grateful to @AdamWagner1 for alerting me to the fact that the wedding exception is very limited indeed, and only relates to weddings etc where one of the parties to the marriage is seriously ill and is not expected to recover.
(39) Some more guidance / regs disconnect - on what students "must" not do - there is nothing specific about this in the regs - students are treated no differently than anyone else.
(40) Grateful to m'colleague (& soon to be co-author) @garygrant1971 for pointing out the (by Coronavirus Regulation standards) helpful and detailed explanatory memorandum - v helpful for an overview https://www.legislation.gov.uk/uksi/2020/1200/memorandum/contents
(41) An interesting passage from the explanatory memorandum that to my mind reads "I might be judicially reviewed"
(42) Explanatory memorandum uses the L-word
(43) Regardless of your views on the content of the Regulations, the new Regulations have a simpler structure and are easier to understand than the nightmare that was the 3 Tier Regs - was at first surprised that the 3 Tier Regs were revoked rather than waiting in the wings...
(44) ... but it might be that they continue with this format.
(45) The updated Guidance is out: https://www.gov.uk/guidance/new-national-restrictions-from-5-november
(46) As the govt doesn't show its changes, and only gives the vaguest of indications of what has happened, this time being magnificently circular (updated to reflect the actual regulations, surely)....
(47) I've knocked up a tracked changes document - really quite a re-working https://docdro.id/ijdUtLZ
(48) Unlike the Explanatory Memorandum, Guidance completely avoids the L-word: it's "New National Restrictions"
(49) Early amendment changes the shift from "the Government" to "You", and bins "carefully judged to achieve"
(50) The Guidance continues to mis-state the general exemption to the restriction on leaving home ("reasonable excuse", of which *examples* are given) as "specific purposes"
(51) Wonder if a better phrase than "deathbed wedding" might have been used given the exceptional sensitivities of the what weddings and civil partnerships are permitted.
(52) It's now a "majority" (not "a number") of public services that will continue and additions include passport and visa services and Victim Support
(53) A tweak to add public sector childcare and some unequivocal advice about nannies, cleaners and tradespeople working in other's homes.
(54) The Government, not the PM and the Education Secretary
(55) After getting rid of "Christmas", a new passage under "Education, school, college and university" about "Training for extra-curricular activities" - at first blush seems hard to see why this is not "education and training" which is exception 2 to the gatherings restrictions
(56) An amendment of "may be" to "are" is still vague if it's preceded by "Some"
(57) So, I *think* if you're over 60 you are higher risk, and if you're over 70 you are clinically vulnerable - no amendment here from the previous version.
(58) "You should avoid travelling in or out of your local area" has gone - now you can't travel anywhere "unless for work, education or other legally permitted reasons" - what the regs actually say is you can't leave home without a reasonable excuse.
(59) A list of reasons for travelling are given, but it's not comprehensive (as it accepts - the word "including") - here there is advice on exercising "locally wherever possible", but it is ok to travel "if necessary (for example, to access an open space)"
(60) "Staying away from home overnight" gets a whole new section
(61) This list looks like it is an exclusive list but again, under the regs, you can leave or be outside from the place where you are leaving "with reasonable excuse" of which the regs only gives examples (some of which are not on this list -like a prison visit for instance).
(62) The advice on returning from holiday "as soon as practical" (sic) is new and is not in the regs.
(63) There's a new section on "Moving Home"
(64) As many eminent lawyers have pointed out, the law is in the regs and the guidance is just advice - it's a little baffling why the two don't mesh, not least given the draconian powers available to the govt.