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(1) Happy New Year, and here is the new "National Lockdown: Stay at Home" Guidance https://www.gov.uk/guidance/national-lockdown-stay-at-home
(2) This is guidance not law but it gives a good idea as to what will be in the regulations which are likely to be made and published tomorrow (Tuesday 5) and to come into force the morning after that (Wednesday 6)
(3) As this is Tier 4+ (possibly Tier 5) I thought it would be a useful exercise to compare this guidance with the latest Tier 4 guidance, which can be found here: https://www.gov.uk/guidance/tier-4-stay-at-home
(4) And to make that comparison easier, I've produced a tracked changes document to see how the Tier 4 guidance has been beefed up for the new national lockdown: https://docdro.id/POIBP0P
(5) So, just whizzing through with some highlights (if that is the right word)
(6) The language describing the restriction on movement is more assertive (aggressive?) - having set out the restriction it immediately goes to enforcement - a fixed penalty notice, btw, is *not* a fine
(7) I don't know if the deletion of "or garden" is just removing extraneous material from a key message or is indicative of a more restriction provision that stops people going into their own gardens without reasonable excuse (which would appear to be rather extreme)
(8) Fixed penalty notice levels (not fines!) still double up a la backgammon and the existing All Tier Regs
(9) Acknowledgment that it's a reasonable excuse not a specified excuse (which is good because it's legally correct)
(10) Change in tone for circs which are deemed to constitute a reasonable excuse for the work category - it used to be permitted where not reasonably possible to work from home, now you can only leave if unreasonable to work from home (not sure how much difference this makes)
(11) A lot of blue ink on the childcare circumstance which is deemed to be a reasonable excuse to leave home
(12) And here's an old friend from March 2020 - the you can only exercise once a day passage - will it be guidance, will it be law? The language suggests guidance only, but obviously have to await the regs.
(13) A lot of the circumstances which are deemed to constitute reasonable excuses which were individually particularised have been stripped out and put in more summary form (perhaps to discourage reliance on them?)
(14) Guidance suggests not possible to leave home for recreation or leisure (no picnics or social meetings)
(15) Playgrounds added to the (rather complex) regulatory definition of public outdoor spaces - and allotments deleted (allotments I don't think were ever in this category, but there does seem to be a downer on gardening - again will have to see regs)
(16) Outdoor sports nixed - courts in the park next to my Newcastle home were being used at -1C over the weekend, but no more...
(17) As this is Tier 4+ there are restrictions on gatherings which are subject to specific exceptions - looks pretty much as it was before.
(18) Still a separate section on travel even though there is no specific travel restriction - the restriction is on movement, there being a prohibition on leaving / staying away from home without reasonable excuse. Keeping local will be guidance not law.
(19) Nerdy wincing here - the prohibition is on leaving home w/o reasonable excuse - current regs (and I imagine the new ones) don't say anything about leaving area. Nor is there a list of reasons, it's *any* reasonable excuse and the listed circs are deemed to be reas excuses...
(20) ... the guidance is jumbling up law and guidance which can (indeed does) create issues where enforcement agencies seek to enforce non-legally binding guidance - might be better to make clear which is which. Obvs reducing # of journeys and staying local v sensible but not law
(21) Car sharing - there's a legally interesting issue as to whether cars count as indoors or outdoors (I think outdoors) but as we are all in Tier 4+ now it doesn't have any practical effect, so the fascinating article can wait.
(22) On the work section some new guidance (I suspect it won't be law, although don't forget the Health and Safety at Work etc Act 1974 and associated regs) asking employers to facilitate WFH
(23) Lots of new guidance for schools & unis
(24) New guidance on childcare (blue is new, green is moved)
(25) Care home visits
(26) Some repetition about the new restrictions on outdoor sport
(27) OK this looks like a big change for the hospitality sector - no takeaway of alcohol (so delivery only) - it was allowed in Tier 4, subject to licence, between 5 am -11 pm: https://www.legislation.gov.uk/uksi/2020/1374/schedule/3A/paragraph/13
(28) Presumably govt wants to stop takeaway pints
(29) No need for these "indoor" qualifiers any more
(30) Not entirely sure why access to outdoor spaces should be restricted to exercise - what about people who are physically unable to exercise but might need to get outside for sake of mental health - will have to see what regs say...
(31) So in summary this is pretty much Tier 4 with some extras - a shift in emphasis - this guidance is just guidance although it does seek to paraphrase what will be in the regulations, as well as provide non-legally binding advice (not always making it clear where the line is)
(32) What is law and what is not law is important when it comes to enforcement, not least given the potential for criminal records and unlimited fines. As ever none of this constitutes encouragement not to follow guidance, which is a matter of personal responsibility.
(33) Guidance uses the "lockdown" word. Simplest way of bringing this into law will be to do some amends Tier 4 in the All Tier Regs & put all England into Tier 4 - I think that's my prediction @AdamWagner1 - why do a new set of regs when all you need is a tweak (or 10)?
(34) It's been helpfully pointed out to me that it looks like there's a deletion of "open air recreation" as one of the circumstances that is deemed to constitute a reasonable excuse for leaving the home
(35) Also the specific exception of visiting zoo etc is going to go
