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Overview of the new Health Protection (Coronavirus, Restrictions) (England)(No.4)Regs coming into force on 5 November. 32 pages. #lockdown
They're less draconian than in March. Whilst there remain the same number of (non-exhaustive)exceptions (13)
https://www.legislation.gov.uk/uksi/2020/1200/contents/made
There are more sub-exceptions under "exceptions". 1st time in law word "exception"(previously just used by politicans).(Reg 5)."No person may leave or be outside of the place where they are living without reasonable excuse" Nb police;doesn't apply to homeless.Reg 6 exceptions:
Can be outside alone, with members of household, w linked household, w linked childcare household or with 1 from a non-linked household for various purposes - from "open air recreation" to heading to a place of worship to picking up a takeaway to going to a food bank to going to
work to exercising a pet, for the purpose of child contact arrangements to visiting prison.
Lots of reasons why it's okay to be outside. Also more exceptions on gatherings(Reg 7-10; exceptions Reg 11).No joining 2 or more indoors(Reg 8)no joining 2 or more outdoors(Reg 9)
(2 or more doesn't include specific carer exception or child under 5).Restrictions on gatherings of more than 30 (but is devil in the detail) with exceptions for charitable purposes, education etc (similar to previously)Exceptions to Reg 8 (more than 2 indoors if same household
or linked households. New exception is the gathering may be a support group organised by public body, charity etc(no more than 15)& gathering is reas. necessary for respite care etc.Exception 7 visiting person receiving treatment in hospital or staying in hospice or care homes🙂
Getting married? No more than 6 in the gathering ((11)). There's an important exception to the "gatherings" regulations if person (P) is visiting someone who is reasonably believed to be dying (Reg 11 (12)) (conditions around the relationship of P to dying person). Funerals:
Looks the same (no more than 30); commemorative event (no more than 15 - exception 11; is this a new one?) Exception for elite sportspeople (sadly I'm not in this exception 12)& lots on children (exception 13). There's a whole new exception for Remembrance Sunday & Armistice Day.
Go to Part 4 to see the closure and restrictions on businesses. Exceptions are in Reg 17 (food and drink still sold for consumption off premises; still with magic cut off time of 22.00 hours) The arts are considered by allowing theatres and concert halls for performance without
audience for broadcast or performance purposes. Part 5 deals with enforcement; similar language to previously (Reg 19:constable, police community support office a person designated by a local authority can has power to direct someone to go back to where living etc
Still with me? Offences and penalties Regs 20 and 21. FPNs - over 18 (still - although so many wrongly issued to under 18 year olds previously).FPNs are higher than in March. £100 if paid in 14 days or £200. For second FPN £400 & doubling up to £6400. The eye watering £10,000 FPN
is still there for breaching Reg 10 ("gathering" Reg) and Business Restriction offences start at £1000 for first offence going up to £10,000.Prosecutions may be brought be CPS & any person designated by the Sec of State (discuss!) (Reg 22).Tucked underneath the FPN. Recognition
of over-zealous policing previously? The Schedule lists businesses subject to restrictions or closure or permitted to remain open.Those remaining open include a very British list of garden centres, vet surgeries and pet shops, dry cleaners; as well as dental, medical services END
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The above is a quick canter through and the detail in the Regs needs to be read. But I hope it assists with a few pointers.
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