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The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021 in England

S.I. 2021/362 · Made 19 March 2021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Public Health, England

Approved by both Houses of Parliament

Made 19th March 2021

Laid before Parliament 22nd March 2021

Coming into force 30th March 2021

The Secretary of Statef1 makes the following Regulations in exercise of the powers conferred by sections 45C(1), (2) and (3)(c) and 45P of the Public Health (Control of Disease) Act 1984f2.

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

Footnotes

f1

The Secretary of State is the appropriate Minister as respects England (section 45T(6) of the Public Health (Control of Disease) Act 1984 (c.22)).

f2

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

Contents

  1. 1Citation, commencement, extent and application
  2. 2Residential Tenancies (Protection from Eviction) Expiry Amendment
  3. Signature
  4. Explanatory note

1Citation, commencement, extent and application

(1)

These Regulations may be cited as the Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021.

(2)

These Regulations come into force on 30th March 2021.

(3)

These Regulations extend to England and Wales.

(4)

These Regulations apply in relation to England only.

2Residential Tenancies (Protection from Eviction) Expiry Amendment

In regulation 3 of the Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021f1, for “31st March 2021” substitute “31st May 2021”.

Signature

David Wolfson

Parliamentary Under-Secretary of State for Justice

Ministry of Justice

19th March 2021

Explanatory note

(This note is not part of the Regulations)

These Regulations extend the provisions in the Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021 (S.I. 2021/164) and prevent, except in specified circumstances, attendance at a dwelling-house for the purpose of executing a writ or warrant of possession or delivering a notice of eviction.

The specified circumstances are where the court is satisfied that the claim is against trespassers who are persons unknown or where it was made wholly or partly on the grounds of anti-social behaviour, nuisance, domestic abuse in social tenancies, false statements, substantial rent arrears exceeding 6 months’ rent or, in cases where the person attending is satisfied that the dwelling-house is unoccupied at the time of attendance, the death of the occupant.

The amended Regulations will expire at the end of 31st May 2021.

No impact assessment has been prepared for these Regulations.