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The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020

S.I. 2020/1103 · Made 12 October 2020 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 5 November 2020.

Public Health, England

Approved by both Houses of Parliament

Made at 5.00 p.m. on 12th October 2020

Laid before Parliament at 6.00 p.m. on 12th October 2020

Coming into force 14th October 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(b), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984 M1.

These Regulations are made in response to 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.

The Secretary of State considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 45R of that Act, the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.

Annotations to the whole text

Marginal citations

M1

1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

Contents

  1. Part 1: Introductory Repealed
  2. 1Citation, commencement and application Repealed
  3. 2Interpretation Repealed
  4. Part 2: Tier 1 restrictions Repealed
  5. 3Tier 1 restrictions Repealed
  6. Part 3: Enforcement Repealed
  7. 4Enforcement of restrictions and requirements Repealed
  8. 5Offences and penalties Repealed
  9. 6Fixed penalty notices Repealed
  10. 7Prosecutions Repealed
  11. Part 4: Final provisions Repealed
  12. 8Review Repealed
  13. 9Expiry Repealed
  14. 10Consequential and other amendments and transitional and saving provisions Repealed
  15. Signature
  16. Schedule 1: Tier 1 restrictions Repealed
  17. Part 1: Restrictions on gatherings Repealed
  18. 1Participation in gatherings Repealed
  19. 2Organisation or facilitation of gatherings Repealed
  20. 3Exceptions Repealed
  21. 4Linked households Repealed
  22. 5Permitted organised gatherings and qualifying groups Repealed
  23. 6The required precautions Repealed
  24. 7Paragraph 3: further interpretation Repealed
  25. 8General interpretation Repealed
  26. Part 2: Closure of businesses Repealed
  27. 9Requirement to close premises and businesses Repealed
  28. 10Restricted businesses and services for purposes of this Part of this Schedule Repealed
  29. 11Exceptions from paragraph 9(1) Repealed
  30. Part 3: Other restrictions on businesses Repealed
  31. 12Restrictions on opening hours of businesses and services Repealed
  32. 13Exceptions from paragraph 12(1) Repealed
  33. 14Restrictions on service of food and drink for consumption on the premises Repealed
  34. 15Restricted businesses and services for purposes of Part 3 of this Schedule Repealed
  35. Schedule 2: Areas excluded from the Tier 1 area Repealed
  36. Paragraph Repealed
  37. Schedule 3: Consequential and other amendments and transitional and saving provisions
  38. Part 1: Consequential and other amendments
  39. 1Amendments of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020
  40. 2Amendments of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
  41. 3Amendments of the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020
  42. 4Amendments of the Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020
  43. 5Amendment of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) ( Amendment) (No. 5) Regulations 2020
  44. 6Revocations
  45. Part 2: Transitional and saving provisions
  46. 7Paragraph 7
  47. Explanatory note

1Citation, commencement and applicationF1

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2InterpretationF1

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3Tier 1 restrictionsF1

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4Enforcement of restrictions and requirementsF1

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5Offences and penaltiesF1

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6Fixed penalty noticesF1

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7ProsecutionsF1

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8ReviewF1

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9ExpiryF1

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10Consequential and other amendments and transitional and saving provisionsF1

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Signature

Matt Hancock

Secretary of State

Department of Health and Social Care

1Participation in gatheringsF1

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2Organisation or facilitation of gatheringsF1

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3ExceptionsF1

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4Linked householdsF1

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5Permitted organised gatherings and qualifying groupsF1

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6The required precautionsF1

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7Paragraph 3: further interpretationF1

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8General interpretationF1

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9Requirement to close premises and businessesF1

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10Restricted businesses and services for purposes of this Part of this ScheduleF1

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11Exceptions from paragraph 9(1)F1

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12Restrictions on opening hours of businesses and servicesF1

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13Exceptions from paragraph 12(1)F1

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14Restrictions on service of food and drink for consumption on the premisesF1

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15Restricted businesses and services for purposes of Part 3 of this ScheduleF1

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F1

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1Amendments of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020I1

(1)

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 are amended as follows.

(2)

Omit the following—

(a)

in regulation 1—

(i)

in paragraph (3) the words “, subject to paragraph (4)”;

(ii)

paragraphs (4), (4ZA), (4ZAA) and (4ZB);

(iii)

in paragraph (5), the definitions of “childcare”, “elite sportsperson” and “person responsible for carrying on a business”;

(iv)

paragraph (6);

(b)

regulation 3;

(c)

regulation 4;

(d)

regulation 4A;

(e)

regulation 4B;

(f)

regulation 5;

(g)

regulation 5ZA;

(h)

regulation 5A;

(i)

regulation 5B;

(j)

Schedule 2;

(k)

Schedule 3.

(3)

In regulation 7—

(a)

in paragraph (1), omit “4, 4A, 4B, 5 or”;

(b)

omit paragraphs (2) and (3);

(c)

in paragraph (5), omit “(3)(c) or” and “from a gathering, or”;

(d)

in paragraph (6), omit “in a gathering in contravention of regulation 5, or”;

(e)

in paragraph (7), for “restrictions in regulation 5 or 6(11)” substitute “ restriction in regulation 6(11) ”;

(f)

in paragraph (8), omit “(3),” and “5 or”;

(g)

in paragraph (9), omit “(3),”;

(h)

in paragraph (10)—

(i)

at the end of sub-paragraph (b)(ii), insert “ or ”;

(ii)

omit sub-paragraph (b)(iii) (including “or” at the end);

(i)

omit paragraph (11).

(4)

In regulation 8—

(a)

in paragraph (1), omit “4, 4A, 4B, 5, 5A, 5B,”;

(b)

in paragraph (3), omit “or a prohibition notice”.

(5)

In regulation 9—

(a)

for paragraph (6) substitute—

“(6)

The amount specified under paragraph (5)(c) must, subject to paragraphs (7) and (8), be £200.”;

(b)

omit paragraph (6A);

(c)

in paragraph (7), omit “of a type mentioned in paragraph (6)(b)”;

(d)

in paragraph (8), omit “of a type mentioned in paragraph (6)(b)”;

(e)

in paragraph (8A), at the end insert “ (as those regulations had effect immediately before the coming into force of the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020) ”;

(f)

for paragraph (9) substitute—

“(9)

In determining for the purposes of paragraph (8) how many fixed penalty notices a person has received, fixed penalty notices issued to that person under the following Regulations are also to be taken into account—

(a)

the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020,

(b)

the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020,

(c)

the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020, other than notices issued in respect of a business restriction offence, as defined by regulation 14(7D) of those Regulations, committed on or after 14th October 2020,

(d)

the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020,

(e)

the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020,

(f)

the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020,

(g)

the Health Protection (Coronavirus, Restrictions) (North of England) Regulations 2020,

(h)

the Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020,

(i)

the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020,

(j)

the Health Protection (Coronavirus, Restrictions) (North East and North West of England) Regulations 2020,

(k)

the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020, other than notices issued in respect of a business restriction offence as defined by regulation 6(12) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 2 of Schedule 1 to those Regulations,”;

(g)

in paragraph (14), omit “the contravention of a requirement or restriction in regulation 4, 4A or 4B or”.

2Amendments of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020I1

(1)

Regulation 14 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 is amended as follows.

(2)

In paragraph (5)(c), for “and (7)” substitute “ to (7D) ”.

(3)

In paragraph (6)—

(a)

in the words before sub-paragraph (a), after “penalty is” insert “ (subject to paragraphs (7A) and (7B)) ”;

(b)

in sub-paragraph (a), for “£50” substitute “ £100 ”;

(c)

in sub-paragraph (b), for “£100” substitute “ £200 ”.

(4)

In paragraph (7)—

(a)

in the words before sub-paragraph (a), after “penalty is” insert “ (subject to paragraphs (7A) and (7B)) ”;

(b)

in sub-paragraph (a), for “£200” substitute “ £400 ”;

(c)

in sub-paragraph (b), for “£400” substitute “ £800 ”;

(d)

in sub-paragraph (c), for “£800” substitute “ £1,600 ”;

(e)

in sub-paragraph (d), for “£1,600” substitute “ £3,200 ”;

(f)

in sub-paragraph (e), for “£3,200” substitute “ £6,400 ”.

(5)

After paragraph (7) insert—

“(7A)

Paragraphs (6) and (7) do not apply in the case of a fixed penalty notice issued to the person in respect of a business restriction offence.

(7B)

In the case of a fixed penalty notice issued to the person in respect of a business restriction offence, the amount of the fixed penalty is as follows—

(a)

if it is the first fixed penalty notice so issued, £1,000,

(b)

if it is the second fixed penalty notice so issued, £2,000,

(c)

if it is the third fixed penalty notice so issued, £4,000,

(d)

if it is the fourth fixed penalty notice so issued and for any subsequent fixed penalty so issued, £10,000.

(7C)

For the purposes of determining how many fixed penalty notices a person has received for the purposes of paragraph (7B), a fixed penalty notice issued to the person under the following Regulations is to be treated as if it were issued in respect of a business restriction offence—

(a)

the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020, if the notice was issued in respect of an offence of contravening regulation 4A or 4B of those Regulations;

(b)

the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020;

(c)

the Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020;

(d)

the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020, if the notice was issued in respect of a business restriction offence as defined by regulation 6(12) of those Regulations;

(e)

the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020, if the notice was issued in respect of a business restriction offence as defined by regulation 6(12) of those Regulations;

(f)

the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020, if the notice was issued in respect of a business restriction offence as defined by regulation 6(12) of those Regulations.

(7D)

In this regulation, unless otherwise specified “business restriction offence” means—

(a)

an offence under regulation 13(1)(a), (b) or (c), or

(b)

an offence under regulation 13(1)(e) of failing to comply with a prohibition notice given under regulation 12(2) or of contravening a direction given under regulation 12(3)(a).”.

(6)

For paragraph (8) substitute—

“(8)

In this regulation “relevant enactment” means—

(a)

the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020;

(b)

the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020;

(c)

these Regulations, other than notices issued in respect of a business restriction offence committed on or after 14th October 2020;

(d)

the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020;

(e)

the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020;

(f)

the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020;

(g)

the Health Protection (Coronavirus, Restrictions) (North of England) Regulations 2020;

(h)

the Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020;

(i)

the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020;

(j)

the Health Protection (Coronavirus, Restrictions) (North East and North West of England) Regulations 2020;

(k)

the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020;

(l)

the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020;

(m)

the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020.”.

(7)

For paragraph (8A) substitute—

“(8A)

For the purposes of determining how many fixed penalty notices have been issued to a person under the relevant enactments, no account is to be taken of any fixed penalty notice issued to that person under—

(a)

these Regulations, if the notice was issued to the person in respect of a business restriction offence committed on or after 14th October 2020;

(b)

the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020, if the notice was issued to the person in respect of an offence of contravening a restriction or requirement imposed by regulation 5A or 5B of those Regulations;

(c)

the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020, if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 2 of Schedule 1 to those Regulations;

(d)

the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020, if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 3 of Schedule 1 to those Regulations;

(e)

the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020, if the notice was issued to the person in respect of a business restriction offence as defined by regulation 6(12) of those Regulations or an offence of contravening a restriction or requirement imposed by paragraph 3 of Schedule 1 to those Regulations.”.

3Amendments of the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020I1

(1)

The Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020 are amended as follows.

(2)

In regulation 18, in paragraph (7A)—

(a)

in sub-paragraph (a), at the end insert “ , where the fixed penalty notice relates to an offence of contravening a requirement in regulation 4A or 4B of those Regulations ”;

(b)

after sub-paragraph (b), insert—

“(c)

the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020, where the fixed penalty notice relates to a business restriction offence, as defined by regulation 14(7D) of those Regulations, committed on or after 14th October 2020;

(d)

the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020, where the fixed penalty notice relates to a business restriction offence as defined by regulation 6(12) of those Regulations;”.

(3)

In the Schedule, in paragraph 2—

(a)

after sub-paragraph (d) insert—

“(da)

cinemas;”;

(b)

after sub-paragraph (e) insert—

“(ea)

concert venues;”;

(c)

after sub-paragraph (m) insert—

“(n)

theatres.”.

4Amendments of the Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020I1

(1)

The Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020 are amended as follows.

(2)

In regulation 1, in paragraph (3)—

(a)

in sub-paragraph (b), for “the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020” substitute “ the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020 ”;

(b)

in sub-paragraph (c), for the words after “period”” substitute “ means the period beginning with 18th September 2020 and ending on such day as paragraph 1 of Schedule 1 to the Principal Regulations ceases to have effect; ”;

(c)

in sub-paragraph (d), for “regulation 5(2B)(a) of” substitute “ paragraph 5(5) of Schedule 1 to ”.

(3)

In regulation 1A, in paragraph (1)—

(a)

in sub-paragraph (a), for “regulation 5 of” substitute “ paragraph 3 of Schedule 1 to ”;

(b)

in sub-paragraph (b), for “regulation 5 of” substitute “ paragraph 3 of Schedule 1 to ”;

(4)

In regulation 2, omit paragraphs (1A) to (1E).

(5)

In regulation 4, in paragraph (8A)—

(a)

in sub-paragraph (a) for “the principal Regulations” substitute “ the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 ”;

(b)

after sub-paragraph (b) insert—

“(c)

the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020, where the fixed penalty notice relates to a business restriction offence, as defined by regulation 14(7D) of those Regulations, committed on or after 14th October 2020;

(d)

the Principal Regulations, where the fixed penalty notice relates to a business restriction offence as defined by regulation 6(12) of those Regulations;”.

(6)

In regulation 8, after “or 10” insert “ of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 or regulation 6(16) or 7 ”.

5Amendment of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) ( Amendment) (No. 5) Regulations 2020F1I1

In regulation 9(2) of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 5) Regulations 2020 M1, in paragraph (d) of the definition of “a business closure offence”, after “regulation” insert “ 3, ”.

6RevocationsI1

The following Regulations are revoked—

(a)

the Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) Regulations 2020 M1;

(b)

the Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 3) Regulations 2020 M2;

(c)

the Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020 M3, other than regulation 8 of those Regulations;

(d)

the Health Protection (Coronavirus, Restrictions) (Protected Areas and Linked Childcare Households) (Amendment) Regulations 2020 M4, other than regulation 7 of those Regulations.

7I1

(1)

A designation made in exercise of the powers conferred by the following provisions is to be treated as if it had been made in exercise of the powers conferred by regulations 4(9)(b), 6(3)(b), 6(16) or 7, as appropriate, of these Regulations—

(a)

regulation 7(10)(b), 9(3)(b), 9(13) or 10 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020;

(b)

regulation 8(9)(b), 10(3)(b), 10(13) or 11 of the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020;

(c)

regulation 8(9)(c), 10(3)(b), 10(13) or 11 of the Health Protection (Coronavirus, Restrictions) (North of England) Regulations 2020;

(d)

regulation 7(9)(c), 9(3), 9(14) or 10 of the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020;

F1(da)

regulation 8(9)(b)(iii) or (iv), 10(3)(b), 10(14)(a) or 11 of the Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020;

(e)

regulation 8(9)(b), 10(3)(b), 10(14)(a) or 11 of the Health Protection (Coronavirus, Restrictions) (North East and North West of England) Regulations 2020;

(f)

regulation 4(9)(b), 6(3)(b), 6(16) or 7 of the Health Protection (Coronavirus, F2COVID-19 Alert Level) (High) (England) Regulations 2020;

(g)

regulation 4(9)(b), 6(3)(b), 6(16) or 7 of the Health Protection (Coronavirus, F3COVID-19 Alert Level) (Very High) (England) Regulations 2020.

(2)

Despite the omission of provisions of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 by paragraph 1, those Regulations continue in force as they had effect immediately before 14th October 2020 in relation to any offence committed under those Regulations before that date.

(3)

Despite the amendments of provisions of the Health Protection (Coronavirus, Restrictions) F4( Obligations of Undertakings) (England) Regulations 2020 by paragraph 4, those Regulations continue in force as they had effect immediately before 14th October 2020 in relation to any offence committed under those Regulations before that date.

Explanatory note

(This note is not part of the Regulations)

These Regulations impose restrictions on gatherings and businesses in England, other than in the areas specified in Schedule 2, where the local COVID-19 alert level is assessed as being medium. The restrictions on businesses include the imposition of restricted hours for certain businesses and closure of certain businesses.

The need for the restrictions in these Regulations must be reviewed by the Secretary of State every 28 days. The Regulations themselves expire six months after the date on which they are made.

No impact assessment has been prepared for these Regulations.