The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350), informally known as "the Lockdown Regulations", was a statutory instrument (SI) enacted on 26 March 2020 by the Secretary of State for Health and Social Care, Matt Hancock, in response to the COVID-19 pandemic. It became the principal delegated English legislation restricting freedom of movement, gatherings, and business closures during the COVID-19 emergency period until its revocation by the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 on 4 July 2020. SI 2020/350 gave legal force to some of the 'lockdown' rules that had been announced by the Prime Minister Boris Johnson during a televised address on 23 March 2020. The SI related to England only; there were separate regulations for Wales, Scotland and Northern Ireland.
Initial responses, February to March 2020 In response to early concerns of the virus's potential effects in England the UK government had brought in on 10 February 2020 the Health Protection (Coronavirus) Regulations 2020 under which the Secretary of State designated specific isolation facilities at which infected persons could be held and treated. Other early responses by the government to the developing COVID-19 pandemic took the form of guidance rather than legislation. Statements by ministers included advice to schools to cancel trips abroad (12 March); and advice to the public to avoid non-essential travel, crowded places such as pubs and theatres, mass gatherings, and visits to care homes (16 March). Schools, colleges and nurseries were ultimately closed (announced 18 March, effective 21 March).
Earlier regulations, in force 21 March 2020 On 21 March the government enacted the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (SI 2020/327) which enforced 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. SI 2020/350 revoked SI 2020/327, which had come into force only five days earlier, and re-enacted most of its provisions with more extensive restrictions. On 25 March the emergency Coronavirus Act 2020 came into force, giving the government wide-ranging discretionary powers in a range of policy areas. However, the Lockdown Regulations and subsequent amendments continued, as a public health matter, to derive their legal authority from the emergency provisions contained within the Public Health (Control of Disease) Act 1984, as amended.
Initial regulations, in force 26 March 2020
Legal basis SI 2020/350 was introduced by way of a statutory instrument made by the Secretary of State for Health and Social Care, Matt Hancock, using emergency powers available to him under the Public Health (Control of Disease) Act 1984. The regulations themselves stated the legal basis for using such powers, namely "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"; he also certified that the restrictions "are proportionate to what they seek to achieve, which is a public health response to that threat." The regulations came into force immediately they were made, at 1pm on 26 March, and were laid before parliament at 2.30pm on the same day. The Secretary of State used section 45R of the Public Health (Control of Disease) Act 1984 to enact the regulations immediately subject to retrospective approval by resolution of each House of Parliament within twenty-eight days. In the regulations themselves he stated that "by reason of urgency, it is necessary to make this instrument" without – as would normally be the case – having first placed a draft before parliament for prior discussion and approval.
Scope and review The regulations (which applied in England only), imposed restrictions during the "emergency period" which was defined as the period between 1pm on 26 March 2020 and such ending date as the Secretary of State may later specify. He was required to review the regulations at least every 21 days, and to terminate any restriction that he considered to be no longer necessary.
Business closures
The business closures originally set out in the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (SI 2020/327) were re-enacted. With a few exceptions, all premises selling food or drink for consumption on the premises had to remain closed including cafes, restaurants, bars and pubs; any adjacent seating area was to be treated as part of the premises. Hotels were, however, allowed to continue to provide food to guests via room service. The provision of food for consumption off the premises was explicitly stated to be allowed. The regulation set out a new and more detailed list of non food-related businesses that had to cease entirely, including most sports venues, sports courts and gyms; indoor leisure facilities; nightclubs; personal care services such as beauty parlours, nail bars and hairdressers; cultural venues such as cinemas, theatres and museums; car showrooms; and all outdoor markets except stalls selling food. In addition, libraries and all types of non-food shops were required to close unless they were on an approved list or were able to fulfil orders by delivery or without allowing personal access to their premises. The approved list of business premises allowed to remain open included food retailers, supermarkets; hardware, homeware and convenience stores; off licences; banks, building societies and post offices; laundrettes and dry cleaners; medical centres, pharmacies; vets, pet shops; petrol stations; car repairs; bicycle shops; taxi and vehicle hire; funeral directors; storage facilities; building and agricultural suppliers; car parks, and public toilets. Subject to a few exceptions, all accommodation businesses such as hotels, B&Bs, holiday cottages and campsites had to cease operation. Places of worship also had to be closed, except for funerals or to provide essential voluntary services such as food banks. Similarly, burial grounds and crematoria were off-limits to the public, except when actually in use for a burial or funeral.
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