The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 (SI 2020/1374) is an English emergency statutory instrument that replaced the second lockdown regulations from 2 December 2020. As initially made, it brought back the three-tier legal framework first introduced by the first COVID-19 tier regulations in England (in effect 14 October – 5 November 2020), but with changes to the restrictions within each tier. The regulations are sometimes referred as the "second tier regulations" or the "all tiers regulations". Exceptions to the restrictions on gatherings were initially to be permitted during a 'Christmas period', defined as 23–27 December 2020. But following a continued rise in infections in London and the South East, parts of those areas were moved up to tier 3 (then the highest level) on 17 and 19 December. On 20 December, London and the tier 3 parts of the South East and the East of England were moved into a new top-level tier 4, with restrictions similar to those of the second lockdown regulations. At the same point, the 'Christmas period' was restricted to Christmas Day only for tiers 1 to 3, and was abolished entirely for tier 4. From 6 January 2021, further amendments moved all areas of England to tier 4 in what was described by politicians and the press as a "third lockdown". The regulations were originally stated to expire on 2 February 2021, later changed to 31 March, but in the event were replaced on 29 March by the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021.
Context and earlier regulations In response to the developing COVID-19 pandemic, the UK government issued advice to English schools on 12 March 2020 that they should cancel trips abroad, and on 16 March that the public should avoid non-essential travel, crowded places, and visits to care homes. This was followed by the closure of schools, colleges and nurseries from 21 March. On 21 March the government used emergency powers to make business closure regulations, enforcing the closure in England of businesses selling food and drink for consumption on the premises, as well as a range of other businesses such as nightclubs and indoor leisure centres where a high risk of infection could be expected. Five days later the restrictions were made more extensive. On 26 March 2020 the even more stringent Lockdown Regulations came into force. These became the principal delegated English legislation restricting freedom of movement, gatherings, and business closures, and were progressively relaxed on 22 April, 13 May, 1 June, and 13/15 June. The No. 2 regulations of 4 July 2020 further relaxed the rules throughout most of England, apart from City of Leicester and the surrounding area which became the subject of the first of a series of local regulations. Between July and September 2020, more extensive and increasingly rigorous ad hoc local regulations were introduced, which in many areas proved unsuccessful in controlling spread of the virus. These were followed by the first COVID-19 tier regulations (in effect 14 October – 4 November 2020), which placed each local authority area under one of three levels of restrictions. As infections increased in many areas, these were replaced by the more rigorous nationwide second lockdown regulations (in effect 5 November – 1 December 2020). On 2 December 2020 these regulations revoked the second lockdown regulations, and reintroduced a countrywide three-tier legal framework. Later amendments introduced a fourth tier.
Legal basis The regulations were made on 30 November 2020 by the Secretary of State for Health and Social Care, Matt Hancock, using emergency powers under the Public Health (Control of Disease) Act 1984, the stated legal basis being "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". Hancock used section 45R of the Public Health (Control of Disease) Act 1984 to enact the regulations without prior parliamentary consideration, subject to retrospective approval by resolution of each House of Parliament within twenty-eight days. The regulations entered into force on 2 December 2020.
Return of the tiers
The regulations revived the three-tier legal framework from the first COVID-19 tier regulations in England, though with changes to the restrictions defined by each tier. The areas within each tier were also different: almost all of England was placed into tier 2 or 3, with only Cornwall, the Isles of Scilly, and the Isle of Wight being placed in tier 1. A fourth tier was added by the Health Protection (Coronavirus, Restrictions) (All Tiers and Obligations of Undertakings) (England) (Amendment) Regulations 2020 (SI 2020/1611) on 20 December 2020. By 6 January 2021, all areas of England were in tier 4, where they remained until the regulations were revoked on 29 March. A major difference from previous restrictions was that tiers were generally applied to larger areas such as counties or city regions rather than individual local authorities or smaller. In the original tiered areas, the only exception to this was Slough where rates were "much higher" than the rest of Berkshire and Buckinghamshire, districts like Tunbridge Wells and Ashford being placed in tier 3 even though they had lower than average rates.
Restrictions on gatherings, all tiers In all tiers, gatherings were restricted by size. In the spaces listed, the only permitted gatherings were as follows unless one of the exceptions applied:
* In tier 3, gatherings of no more than 6 people were allowed only in free-to-access public outdoor areas, and pay-to-access public outdoor sports grounds and facilities, botanical gardens and the gardens of castles, stately homes, historic houses or other heritage sites. All gatherings in outdoor areas that did not fall within that definition were prohibited, as were all gatherings at fairgrounds and funfairs. ** In tier 4, an individual was allowed to meet one other person only in free-to-access public outdoor areas, and pay-to-access botanical gardens and the gardens of castles, stately homes, historic houses or other heritage sites, as well as sculpture parks and allotments. All gatherings in outdoor areas that did not fall within that definition were prohibited, as were all gatherings at fairgrounds and funfairs.
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