Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020

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Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020
Statutory Instrument
Citation2020 No. 1374
Introduced byMatt Hancock, Secretary of State for Health and Social Care
Territorial extent England
Dates
Made30 November 2020
Laid before Parliament30 November 2020
Commencement2 December 2020 (2020-12-02)
Revoked29 March 2021
Other legislation
Repeals/revokesHealth Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020
Made underPublic Health (Control of Disease) Act 1984
Revoked byHealth Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021
Status: Revoked
Text of the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
England alert levels by district as defined by the second tier regulations, from 6 January 2021 until their repeal on 28 March 2021
Tier 1 Tier 2 Tier 3 Tier 4

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.[1] 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,[2] later changed to 31 March,[3] 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,[4] and on 16 March that the public should avoid non-essential travel, crowded places, and visits to care homes.[5] This was followed by the closure of schools, colleges and nurseries from 21 March.[6]

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.[7] 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,[8] apart from City of Leicester and the surrounding area[9] 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.[10]

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,[11] and reintroduced a countrywide three-tier legal framework.[12] Later amendments introduced a fourth tier.[13]

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.[14] The regulations entered into force on 2 December 2020.[14]

Return of the tiers

  • Government posters, October 2020
  • Tier 1 (Medium)
    Tier 1 (Medium)
  • Tier 2 (High)
    Tier 2 (High)
  • Tier 3 (Very High)
    Tier 3 (Very High)
  • Tier 4 (Stay at Home) (prior to modifications in 2021)
    Tier 4 (Stay at Home) (prior to modifications in 2021)

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.[15] A fourth tier was added by SI 1611 on 20 December 2020.[13] By 6 January 2021, all areas of England were in tier 4,[16] 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,[17] districts like Tunbridge Wells and Ashford being placed in tier 3 even though they had lower than average rates.[18]

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:

Permitted gatherings
Space Tier 1[19] Tier 2[20] Tier 3[21] Tier 4[22]
Private dwelling

(indoors)

Up to 6 None permitted None permitted None permitted
Other private

indoor space

Up to 6 None permitted None permitted None permitted
Private dwelling

(outdoors, e.g. garden)

Up to 6 Up to 6 None permitted None permitted
Private outdoor

space

Up to 6 Up to 6 None permitted None permitted
Public outdoor

space

Up to 6 Up to 6 Up to 6 * Up to 2 **

* 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.[23] All gatherings in outdoor areas that did not fall within that definition were prohibited, as were all gatherings at fairgrounds and funfairs.[23]

** 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,[24] as well as sculpture parks and allotments.[25] All gatherings in outdoor areas that did not fall within that definition were prohibited, as were all gatherings at fairgrounds and funfairs.[24]

Large gathering offence

On 29 January 2021 SI 97/2021 introduced a new 'large gathering offence' subject to penalty charges on a sliding scale between £400 and £6400. The offence was committed when the above restrictions were breached by more than 15 people gathered in a private dwelling, in educational accommodation, or at an indoor rave.[26]

Exceptions to the restrictions on gatherings

General and tier 1 exceptions

A substantial list of exceptions was provided for. All applied to tier 1, with more limited and fewer exceptions applying to tiers 2, 3 and 4.

General exceptions
Type Indoor and outdoor exceptions Applies Ref
Tier 1 Tier 2 Tier 3 Tier 4
Same or linked households All members of a common household, or of two linked households ("support bubble") Allowed Allowed Allowed Allowed [27][28]
Permitted organised gatherings Organised with precautions by a business, charity or public body after a risk assessment. Participants must attend either alone or as part of a sub-group of no more than 6 (apart from larger single or linked household groups). Allowed Allowed Allowed Not Allowed [29]
Education and training A variety of specified situations including early years provision, school activities, apprenticeships, work experience, applying for a job, professional training and exams Allowed Allowed Allowed Allowed [30][28]
Gatherings necessary for certain purposes Work, voluntary services, emergency assistance, avoiding harm, providing care to a vulnerable or disabled person, for the purposes of a house move Allowed Allowed Allowed Allowed [31][28]
Legal obligations and proceedings Fulfilling a legal obligation or participating in legal proceedings Allowed Allowed Allowed Allowed [32][28]
Criminal justice accommodation Any gathering in criminal justice accommodation Allowed Allowed Allowed Allowed [33][28]
Support groups Formally organised support groups of no more than 15 people (not counting children below the age of five). Not allowed at a private dwelling Allowed Allowed Allowed Allowed [34][28]
Respite care Respite care for a vulnerable or disabled person; a short break for a looked-after child Allowed Allowed Allowed Allowed [35][28]
Births Attending a person giving birth Allowed Allowed Allowed Allowed [36][28]
Marriages and civil partnerships etc. Ceremonies of no more than 15 people (six in tier 4)[28] organised with precautions after a risk assessment; included non-faith ceremonies, but not at a private dwelling. Some restrictions relaxed for ceremonies of no more than six where one of the parties was seriously ill and was not expected to recover Max 15 people Max 15 people Max 15 people Max 6 people [37]
Wedding and civil partnership receptions Receptions of no more than 15 people organised with precautions after a risk assessment. Not allowed at a private dwelling Allowed Allowed Not Allowed Not Allowed [38]
Funerals No more than 30 people. Organised with precautions after a risk assessment. Must be in a public outdoor space or a business or charity premises. Not allowed at a private dwelling Allowed Allowed Allowed Allowed [39][28]
Commemorative event following a person's death No more than 15 people (six in tier 4). Organised with precautions after a risk assessment. Not allowed at a private dwelling Max 15 people Max 15 people Max 15 people Max 6 people [40][28]
Protests Organised with precautions by a business, charity, public body or political body after a risk assessment Allowed Allowed Allowed Not Allowed [41]
Elite sports Training and competition for elite sportspersons and coaches Allowed Allowed Allowed Allowed [42][28]
Other sports Organised outdoor sports or fitness activities with precautions after a risk assessment; indoor activities for disabled people. This exception did not extend to spectators or to parents of a child taking part Allowed Not Allowed Not Allowed Not Allowed [43]
Outdoor activities An outdoor physical activity for which a licence or permit issued by a public body was required Allowed Not Allowed Not Allowed Not Allowed [44]
Children Formal childcare; informal childcare provided by a linked childcare household; access arrangements; contact between siblings who do not live together; prospective adopters Allowed Allowed Allowed Some allowed, with more restrictions[45] [46][28]
Parent and child groups Formally-organised groups of no more than 15 people (not counting children below the age of five). Not allowed at a private dwelling Max 15 people Max 15 people Max 15 people Max 15 people [47][28]
Student and vacation households Allowed a student in higher education to move to another household on a single occasion for the purpose of a vacation, and to return afterwards. This was originally permitted before 8 February, and then between 8 March and 28 April 2021.[48] The student became a part of the vacation household during the vacation period Allowed Allowed Allowed Allowed [49][28][48]
Christmas period Certain gatherings on 25 December 2020 only[50] of no more than three linked Christmas households. See Linked Christmas households Allowed Allowed Allowed Not Allowed [51]
Picketing Picketing with precautions after a risk assessment (in tier 4 from 26 December 2020)[52] Allowed Allowed Allowed Allowed [53]
Nomination of candidates and petitioning From 8 March 2021: Participating in the nomination of an election candidate, or petitioning for a referendum Max 2 people Max 2 people Max 2 people Max 2 people [54]
Campaigning From 8 March 2021: Campigning in an election or referendum. This could be to support or to prejudice the prospects of any particular party or candidate.[55] Not allowed inside a private dwelling Max 2 people Max 2 people Max 2 people Max 2 people [56]
Observing an election or referendum From 8 March 2021: Observing at an election or referendum Allowed Allowed Allowed Allowed [57]

Tier 2 exceptions

These were the same as for tier 1 except as follows:

  • "Other sports": organised outdoor sports were still exempt, but organised fitness activities were not[58]
  • "Outdoor activities": outdoor physical activities involving a licence or permit not allowed[59]
  • Additional indoor exceptions were provided to the general tier 2 rule prohibiting gatherings in private indoor spaces:
Type Applied Indoor exceptions Ref
Visiting a dying person Tiers 2, 3 and 4 Visitor was a member of that person's household, a close family member, or a friend [60]
Visiting persons receiving treatment etc. Tiers 2, 3 and 4 Visitor was a member of that person's household, a close family member, or a friend. Applied to hospitals, hospices and care homes [61]
Indoor sports Tiers 2, 3 and 4 Organised indoor sports for disabled people. This exception did not extend to spectators or to parents of children taking part [62]

Tier 3 exceptions

These were largely the same as tier 2 but there was no exception for wedding and civil partnership receptions.[63]

Tier 4 exceptions

These were the same as tier 3 with the following exceptions:[28]

  • No 'permitted organised gatherings'
  • Wedding or civil partnership ceremonies were limited to six people
  • Commemorative events following a death were limited to six people
  • No special Christmas arrangements, thus normal tier 4 rules applied on 25 December 2020.

Restrictions on leaving home in tier 4

As originally made, SI 1374 controlled social interactions by imposing rules on gatherings; there was no general prohibition against leaving home. The amendments introduced on 20 December 2020 by SI 1611 however, brought in a new tier 4 (sometimes referred to as the "third lockdown") with much stricter rules, very similar to those of the second lockdown There remained no general prohibition against leaving home in tiers 1 to 3.

In tier 4 there was a general prohibition leaving or be outside one's own home (which included any associated garden or yard) without "reasonable excuse".[64] No exhaustive definition of "reasonable excuse" was provided, though it included any of the following exceptions:

Reasonable excuses for leaving home in tier 4

Reasonable excuses for leaving home
Exception Name Details Ref
1 Necessary for certain purposes See below [65]
2 Work, voluntary services, education, training etc. To work or provide voluntary or charitable services, where not reasonably possible to do so from home; to access charitable services; for education or training; to provide care or assistance to a vulnerable person (anyone over 70, pregnant, or with a serious health condition); to provide emergency assistance; to fulfil a legal obligation; to access critical public services [66]
3 Elite athletes For the purposes of training or competition [67]
4 Medical need etc. To seek medical assistance, to get a test, to be vaccinated, or to access health, medical, or mental health services [68]
5 Support and respite To attend a permitted support group meeting; respite-related reasons [69]
6 Death bed visit To visit a household member, close family member, or friend you believe to be dying [70]
7 Funerals etc. To attend a funeral or an event commemorating a person's life; or certain visits to a burial ground or garden of remembrance [71]
8 Marriages and civil partnerships To attend a licensed wedding where one of the participants is seriously ill and is not expected to recover [72]
9 Children To take a child to school; childcare access arrangements; children in care; prospective adopters; informal childcare by linked childcare household. To take a child to registered childcare or supervised activities for children but only where necessary to enable a critical worker to work, search for work or undertake training or education (until 6 January 2021 anyone with parental responsibility could make use of this exemption)[73] [74]
10 Animal welfare To care for or exercise a pet; to attend a vet [75]
11 Returning home Returning home from a holiday that was started before the regulations came into force [76]
12 Prison visits Visits by a close family member or friend [77]
13 Voting For the purpose of voting [78]
14 Permitted outdoor sports gatherings Attending (but not spectating at) an organised outdoor sports gathering for disabled people. (Until 6 January 2021 gatherings for children were also permitted).[79] [80]
15 Parent and child groups Attending a permitted parent and child group meeting [81]
16 Student and vacation households A higher education student could leave to switch households for a vacation on one occasion before 8 February 2021, and return afterwards. Also permitted on one occasion between 8 March and 28 April 2021.[48] [82]
17 Picketing From 26 December 2020: Attending a lawful picket line [52]
18 Nomination of candidates and petitioning From 8 March 2021: Participating in the nomination of an election candidate, or petitioning for a referendum [83]
19 Campaigning From 8 March 2021: Campigning in an election or referendum; could be to support or to prejudice the prospects of any particular party or candidate[55] [84]
20 Observing an election or referendum From 8 March 2021: Observing at an election or referendum [85]

Exception 1: leaving tier 4 home necessary for certain purposes

This exception covered a variety of situations:[65]

Exception 1 situations
Exception Details
1a Where reasonably necessary to leave home to buy goods or services for oneself, a household member, a vulnerable person (anyone over 70, pregnant, or with a serious health condition) or someone in their household
1b To obtain or deposit money
1c To take exercise outside. This could be either alone, or with household or linked household members. Also permitted was to exercise outside in a public place with any one other person (for this purpose, children under five and up to two carers for a disabled person were not counted)
1d

[Not between

6 Jan and 7 Mar 2021]

This exception originally applied until 5 January 2021, when it was removed;[86] it was restored on 8 March 2021:[87] To visit a public outdoor place for open air recreation with any one other person (for this purpose, children under five and up to two carers for a disabled person were not counted). Visiting a public outdoor place for open air recreation with any number of household or linked household members was also permitted
1da From 26 December 2020 to 5 January 2021 only: To visit outdoor attractions at an aquarium, zoo, safari park, or other outdoor animal attractions.[88] This exception was removed from 6 January 2021.[86]
1e To attend a place of worship
1f In connection with the purchase, sale, letting or rental of residential property
1g To visit a linked household
1h To collect pre-ordered food, drink, or other goods, or visit a food or drink service business to obtain a takeaway
1i To visit a waste disposal or recycling centre

Movement between tiers

There was no general prohibition against leaving a home tier area, or against movement between tiers. An individual who travelled between tiers to join a gathering was generally subject to the rules of their home tier, or the tier of the place to which they travelled, whichever was higher. Anyone living in tier 1, 2 or 3 was permitted to travel to a higher tier area, but could not participate in a gathering that was prohibited in the higher tier area. Anyone living in tier 2, 3 or 4 who travelled to a lower tier area could not participate in any gathering that would have been prohibited in their home area.[89] As noted above, people resident in tier 4 were permitted to leave home and travel only if they had a 'reasonable excuse' to do so.[64]

Business closures

Certain businesses were required to close or limit their operations.

General and tier 1 business restrictions

Applies Details Ref Exceptions Ref
Businesses that must close All tiers Must close: nightclubs, dance halls, discotheques and facilities for public dancing to music at night, sexual entertainment venues, hostess bars, shisha bars/hookah lounges [90] Where the owner runs a separate shop, cafe or restaurant, or an online delivery service [91]
Opening hours restrictions Tiers 1 and 2 Must stop accepting orders at 22:00, and must close between 23:00 and 05:00: restaurants*, food and drink takeaways*, cafes and workplace canteens*, bars*, pubs*, social clubs*, casinos*, bowling alleys, cinemas, theatres, amusement arcades or other indoor leisure centres, funfairs (indoors or outdoors), theme and adventure parks and activities, bingo halls, concert halls, sportsgrounds [92] Supermarkets, convenience stores, corner shops, newsagents, pharmacists, petrol stations;[93] motorway service stations;[94] air and sea ports;[95] on public transport;[96] online food and drink deliveries and collections, drive-through takeaways.[97] Cinemas, theatres and concert halls may remain open after 22:00 for the purpose of completing performances which began before that time[98] [99]
Table service and customer eating Tier 1 only Restrictions on service: venues marked * above which sell alcohol must serve all food and drink to customers seated at tables. Customers must order at the table, and must remain seated while eating and drinking. Venues so marked which do not sell alcohol need not serve customers at a table, but they must ensure that customers eating and drinking on the premises remain seated [100]

Tier 2 business restrictions

The tier 1 list of businesses that had to close, and the opening hour restrictions, also applied in tier 2. In addition, there were the following restrictions:

Applies Details Ref Exceptions Ref
Pubs and bars to serve alcohol as part of a table meal Tier 2 Restrictions on service: pubs, bars, and other venues selling alcohol for consumption on the premises could remain open only if they served alcohol only as part of a table meal (at least equivalent to breakfast or the main course of a midday or evening meal). The meal had to be eaten while seated at a table (not at a serving counter). This rule applieed equally to areas adjacent to the premises used by customers [101] Alcohol served as part of a hotel's room service [102]
Bars and non-food pubs to close Tiers 2 and 3 Must close: pubs, bars, and other venues that sell alcohol for consumption on the premises other than as part of a table meal [90]

Tier 3 business restrictions

The tier 1 and tier 2 lists of businesses that must close also applied in tier 3. In addition, there were the following restrictions:

Applies Details Ref Exceptions Ref
Further businesses to close Tier 3 Must close: indoor play areas, trampoline/inflatable parks; casinos; bingo halls; bowling alleys; snooker and pool halls; amusement arcades; laser quest and escape rooms; theatres and cinemas; concert halls; many conference centres and exhibition halls; indoor skating rinks; circuses; the indoor parts of many visitor and heritage attractions [103] Where the owner ran a separate shop, cafe or restaurant, or an online delivery service; drive-in theatres and cinemas;[104] visitor toilets[105] [106]
Holiday accommodation to close Tier 3 Must close: holiday accommodation [107] Various special cases including venue used as a main residence, and where needed for work or education; also, any accommodation provided during the period 24 to 26 December 2020.[108] [109]
No consumption of food or drink on the premises Tier 3 Must close: restaurants, cafes and workplace canteens, bars, pubs, social clubs providing food and drink [110] Where the owner ran a separate cafe or restaurant, or an online delivery service; food or drink served as part of a hotel's room service;[111] motorway service stations, air and sea ports[96] [112]
Opening hours restrictions Tier 3 Must close between 23:00 and 05:00: drive-in theatres and cinemas; outdoor concert venues; outdoor attractions at theme parks, fairgrounds and funfairs [113] Venues could stay open after 23:00 to conclude a performance starting before 22:00 [114]
Food and drink takeaways Tier 3 Limited service between 23:00 and 05:00: between those hours food and drink takeaways could operate click-and-collect and drive-through services only [115]

Tier 4 business restrictions

These were similar but not identical to those of the second lockdown that was in place between 5 November and 2 December 2020.

Business closures and restrictions
Restrictions Exceptions
Businesses Must close: Nightclubs, dance halls, discos, sexual entertainment venues, hostess bars, venues with waterpipes or that provided for the consumption of nicotine or other substances on the premises[116]

Must close: Restaurants, cafes, bars, pubs, social clubs, food and drink takeaways[117]

Must close: Dance and fitness studios, gyms, sports courts, swimming pools, playgrounds, soft play areas, indoor leisure centres and entertainment venues, casinos, bingo halls, bowling alleys, indoor riding centres, amusement arcades, cinemas, theatres, concert halls, skating rinks, circuses, water parks, theme parks, fairgrounds and funfairs, adventure parks, model villages, kitchen, bathroom, tile and glazing showrooms, museums and galleries, indoor venues at visitor attractions, film studio attractions, conference centres, exhibition halls, betting shops, spas, tanning salons, nail salons, beauty salons, hair salons and barbers, massage parlours, tattoo and piercing parlours, carpet stores, motor showrooms, manual car washes, most auction houses, most outdoor markets[118]

Must close: From 6 January 2021: outdoor sportsgrounds and facilities, including outdoor gyms, sports courts, swimming pools, water sports, shooting and archery venues, golf courses, and driving ranges; retail travel agents[119]

Food and drink takeaways operated by supermarkets, convenience stores, pharmacists and petrol stations[120]

Food and drink provided at motorway service stations, ports, airports and international rail terminals,[121] or on public transport[122]

Restaurants etc could offer a takeaway service between 05:00 and 23:00 (with click and collect only outside those hours)[123] From 6 January 2021, hospitality venues could no longer sell alcohol to take away.[124]

Outdoor markets selling food or livestock, and outdoor markets consisting of 'permitted retailers' (see below)[125]

Retail shops Must close: All retail shops, apart from 'permitted retailers' (see below)[126] Delivery and collection in response to pre-booked orders (click and collect). The customer collecting could not enter the premises[126]
Libraries Must close: Libraries[126] Libraries could open for voting purposes, support groups, childcare, education and training, voluntary or public services[127]
Holiday accommodation Must close: All types of holiday accommodation[128] Various exceptions including work, self-isolation, use while moving house, people unable to return home etc[128]
Community centres and halls Must close: Community centres and halls[129] Essential voluntary services, education and training, support groups, childcare and supervised activities[129]
Permitted retailers Could remain open: Food retailers, including food markets, supermarkets, convenience stores and corner shops, off licences, pharmacies and chemists, newsagents, animal rescue centres, building merchants, petrol stations, car repair and MOT services, bicycle shops, taxi or vehicle hire businesses, banks, building societies, cash points, currency exchange offices, post offices, funeral directors, laundrettes and dry cleaners, medical, health and mental health services, vets, pet shops, agricultural supplies, storage and distribution facilities, delivery drop off or collection points, car parks, public toilets, garden centres, automatic car washes, mobility and support shops[130]

Linked households

The concept of "linked households" (referred to in government statements as "support bubbles")[131] was brought forward from previous regulations, but in extended form. Two households that were linked under these regulations could generally meet as if they were one household. First and second households could link if all the adults in both households agreed.[132] The first household had to comprise:

  • A single adult
  • Any number of children and no adults
  • One adult and any number of children who were under the age of 18 on 12 June 2020
  • Any number of adults and a child who was under the age of one on 2 December 2020
  • Any number of adults and a child with a disability requiring continuous care, the child being under the age of five on 2 December 2020
  • One or more persons with a disability requiring continuous care, on their own or together with any number of individuals who do not have such a disability (but only one of the non-disabled individuals may be aged 18 or over on 12 June 2020).[133]

Where the first household included a higher education student on vacation, the presence of the student was ignored for this purpose.[134]

There were no limits on the second household, which could include any number of adults and children.[135]

A household could only be linked with one other household at any one time.[136] But for the first time, linked households could be changed if all members of a linked household agreed;[137] this was subject to a minimum 14 day period (reduced to 10 days from 14 December 2020)[138] between the final meeting of the former linked households and the first meeting of the new.[139]

Linked childcare households

The concept of "linked childcare households" was brought forward from previous regulations. It was separate from "linked households".

A household with at least one child aged 13 or under could link with another household providing informal childcare[140] (formal childcare, for example by a childminder, was excluded).[141] Only one linked childcare household was permitted at any one time, and all adults in both households had to agree.[140] Changes to the linking were allowed subject to a minimum 14 day period (reduced to 10 days from 14 December 2020)[138] between the final meeting of the former linked childcare households and the first meeting of the new.[142]

Linked Christmas households

As originally made, the regulations provided for more relaxed Christmas rules on gatherings during the 'Christmas period', defined as 23–27 December 2020,[143][144][145] but three days before they were due to enter into effect SI 1611 altered the definition and restricted the Christmas period to 25 December only.[50] The amended Christmas rules given below applied to tiers 1 to 3 only; there were no special Christmas arrangements in tier 4.

The Christmas rules introduced a new concept of "linked Christmas households", separate from "linked households" and 'linked childcare households".

One or more members of one household could form a linked Christmas household with one or more members of no more than two other households from a tier 1, 2 or 3 area, regardless of size, to form a linked Christmas household for the purpose of gathering during the Christmas 2020 period, if all people to be linked agreed.[146] Two households that were already linked households counted as one household for this purpose.[147] A person could be a member of only one linked Christmas household, except that a child who did not live in the same household as both parents could be a member of a linked Christmas household formed by each parent.[148] There was a special exception for higher education students on vacation.[134]

Linked Christmas households were exempted from some of the restrictions on gatherings on 25 December. During that period, gatherings of no more than three linked Christmas households were permitted provided that they took place in a private dwelling, a place of worship or a public outdoor place (defined as anywhere the public are admitted free of charge, as well as outdoor sports grounds, botanical gardens, gardens or grounds of a castle, stately home, historic house or other heritage site, but excluding fairgrounds and funfairs). Attendees could also travel together, as gatherings in conveyances were permitted.[143][144][145]

A Christmas gathering could extend beyond the Christmas period (25 December)[50] in the event that an attendee could not return home due to unforeseen travel disruption.[149]

These Christmas-specific rules were revoked on 19 January 2021.[150]

Declaration on leaving the United Kingdom

On 8 March 2021, SI 2021/247 introduced a new requirement for travellers leaving the United Kingdom to have with them a completed travel declaration form when they arrived at an embarkation point. On the form, the traveller had to give a variety of personal details, to state the reason for being away from home, and to certify that the information provided was true.[151] Anyone who failed to complete a form and who did not do so when directed by an authorised person could be required to return home or leave the embarkation point without departing from the UK.[152] Failure to comply was an offence.[153] The regulations provided a long list of travellers who were exempt, including diplomats, essential government workers, transit passengers, hauliers, seamen, aircraft crews and channel tunnel workers.[154]

Reviews and expiry

The Secretary of State had to review the need for the restrictions every 28 days, and also the applicability of the tier areas every 14 days.[155][156]

The regulations were originally stated to expire at the end of 2 February 2021,[2] later moved to 31 March 2021.[3] They were ultimately repealed on 29 March 2021 and replaced by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021.

Enforcement

Breaches of the regulations were offences and could be prosecuted or dealt with by fixed penalty notices with penalties ranging up to £10,000 for repeated violations.[157]

Inconsistency in application by government officials

British government staff Christmas parties controversy

In December 2021, it was reported that a number of social gatherings of United Kingdom government staff had occurred in the run-up to Christmas during the period when the restrictions detailed above were in force. The government denied any rules were broken but commenced an investigation into whether any breaches of the rules had occurred.[158]

Inconsistencies regarding application of exercise rules

The regulations did not define what constitutes exercise, nor how far an individual could travel to in order to undertake exercise. Government guidelines stated that individuals should exercise in their "local area", but there was no such requirement in the regulations. Similarly, the guidelines stated that exercise "should be limited to once per day", but the regulations did not require or even mention such a thing.[159]

On 6 January 2021 fixed penalty notices were handed to two women by Derbyshire Police, reportedly for travelling five miles (eight kilometres) to go for a walk.[160] The police force subsequently stated that it was reviewing the action based on new national guidelines,[161] but issuance of the notices was nevertheless supported by the health secretary, Matt Hancock.[162] This led to calls for greater clarity as to what travel was legally permitted for the purpose of exercise.[159][163] Four days later it was announced that the notices had been revoked and that Derbyshire Police had apologised to the women.[164]

It was reported that on 10 January 2021 Boris Johnson had been seen cycling in the Queen Elizabeth Olympic Park, eleven miles (eighteen kilometres) from Downing Street.[165] Metropolitan Police Commissioner Dame Cressida Dick stated that the trip had not been "against the law - that's for sure"[166] but called for greater clarity in the regulations.[167][168]

Summary of main changes, by date

This chronological table lists the main changes to the second tier regulations.

SI In effect Main changes Ref
1533 16 Dec 2020 All London boroughs and the City of London, Essex (except Colchester, Tendring and Uttlesford districts) and the Hertfordshire districts of Broxbourne, Hertsmere, Three Rivers and Watford were moved up from tier 2 to tier 3. [169]
1572 19 Dec 2020 The counties of Bedfordshire, Buckinghamshire, the rest of Berkshire, the Cambridgeshire district of Peterborough, the rest of Hertfordshire, Surrey (except Waverley district), the East Sussex districts of Hastings and Rother and the Hampshire districts of Gosport, Havant and Portsmouth moved up to tier 3. Bristol county and North Somerset district moved down to tier 2. Herefordshsire moved down to tier 1. [170]
1611 20 Dec 2020 The counties of Bedfordshire, Buckinghamshire, Berkshire, the Cambridgeshire district of Peterborough, Essex (except Colchester, Tendring and Uttlesford districts), Hertfordshire, Kent, Surrey (except Waverley district), the East Sussex districts of Hastings and Rother, the Hampshire districts of Gosport, Havant and Portsmouth, all London boroughs and the City of London moved up to a newly created tier 4. [13]
1646 26 Dec 2020 The rest of Cambridgeshire, the rest of Essex, the rest of Hampshire (except New Forest district), Norfolk, Oxfordshire, Suffolk, the Surrey district of Waverley and the rest of Sussex moved up to tier 4.

The counties of Bristol, Cheshire (apart from Halton district), the rest of Gloucestershire, the rest of Somerset (except Bath and North East Somerset), Northamptonshire, the Wiltshire district of Swindon, the Isle of Wight, the Hampshire district of New Forest moved up to tier 3.

Cornwall (except the Isles of Scilly) and Herefordshire moved up to tier 2.

[171][172]
1654 31 Dec 2020 The counties of Cheshire (apart from Halton district), Cumbria, Derbyshire, Durham, Gloucestershire (except South Gloucestershire district), Isle of Wight, Greater Manchester, Lancashire, Leicestershire, Lincolnshire, Northamptonshire, Northumberland, Nottinghamshire, Somerset (except Bath and Borth East Somerset and North Somerset district), Staffordshire, Tyne and Wear, Warwickshire, West Midlands, the Wiltshire district of Swindon, the Dorset district of Bournemouth, Christchurch and Poole, the Hampshire district of New Forest, the Stockton-on-Tees district moved up to tier 4.

The counties of Cornwall (except the Isles of Scilly), Devon, Dorset (except Bournemouth, Christchurch and Poole district), Herefordshire, Merseyside, North Yorkshire (except Stockton-on-Tees district), Rutland, Shropshire, Wiltshire (except Swindon district), Worcestershire, and the Somerset district of Bath and North East Somerset moved up to tier 3.

[173]
8 6 Jan 2021 All areas of England moved into a stricter tier 4; expiry date moved from 2 Feb to 31 March; no longer allowed to meet with one other person for 'recreation' in an outdoor public place; children's outdoor sports gatherings no longer allowed; outdoor zoos and wildlife attractions closed again; hospitality venues can no longer sell takeaway alcohol; various new business closures. [174]
53 20 Jan 2021 Spent Christmas rules revoked; minor amendments and corrections.
97 29 Jan 2021 Fines for attending gatherings of more than 15 attendees in private dwellings or educational accommodation, or indoor raves of more than 15 attendees, increased to range from £400 to £6,400. Other minor amendments and corrections. [175]
247 8 Mar 2021 Added requirement for people leaving the UK to fill in a travel declaration form; added new exception to allow people to leave home to meet one other person for recreation in a public outdoor space, and also for election purposes. Allowed students to leave their student household for one vacation visit to be taken before 29 April. [176]
Tiers by local government district for each period of being in force
[177][178][179][180]
  • 2-15 December 2020
    2-15 December 2020
  • 16-18 December 2020
    16-18 December 2020
  • 19 December 2020
    19 December 2020
  • 20-25 December 2020
    20-25 December 2020
  • 26-30 December 2020
    26-30 December 2020
  • 31 December 2020 - 5 January 2021
    31 December 2020 - 5 January 2021
  • 6 January 2021 - 28 March 2021
    6 January 2021 - 28 March 2021
Tier 1 Tier 2 Tier 3 Tier 4

Local authority areas in each tier, by date

This table lists the dates during which specific areas fell within each tier.

Tier Area Periods in Tier 1 Periods in Tier 2 Periods in Tier 3 Periods in Tier 4
Tier 4 South East: Kent County Council, Medway Council, Slough Borough Council N/A N/A 2 December 2020 – 19 December 2020[181] 20 December 2020[182]– 28 March 2021
East of England: Basildon Borough Council,[a] Braintree District Council,[a] Brentwood Borough Council,[a] Broxbourne Borough Council,[b] Castle Point Borough Council,[a] Chelmsford City Council,[a] Epping Forest District Council,[a] Harlow District Council,[a] Hertsmere Borough Council,[b] Maldon District Council,[a] Rochford District Council,[a] Southend-on-Sea Borough Council, Three Rivers District Council,[b] Thurrock Council, Watford Borough Council[b]

London: London boroughs of: Westminster, Barking and Dagenham, Barnet, Bexley, Brent, Bromley, Camden, Croydon, Ealing, Enfield, Hackney, Hammersmith and Fulham, Haringey, Harrow, Havering, Hillingdon, Hounslow, Islington, Lambeth, Lewisham, Merton, Newham, Redbridge, Richmond upon Thames, Southwark, Sutton, Tower Hamlets, Waltham Forest, and Wandsworth. Royal boroughs of: Greenwich, Kensington and Chelsea and Kingston upon Thames. City of London, Inner Temple and Middle Temple

N/A 2 December 2020[181]–15 December 2020[169] 16 December 2020[169]–19 December 2020 20 December 2020[182]– 28 March 2021
East of England: Bedford Borough Council, Central Bedfordshire Council, Dacorum Borough Council,[b] East Hertfordshire District Council,[b] Luton Borough Council, Milton Keynes Council, North Hertfordshire District Council,[b] Peterborough City Council, Stevenage Borough Council,[b] St Albans City and District Council,[b] Welwyn Hatfield Borough Council[b]

South East: Bracknell Forest Council, Buckinghamshire Council, Elmbridge Borough Council,[c] Epsom and Ewell Borough Council,[c] Gosport Borough Council,[d] Guildford Borough Council,[c] Hastings Borough Council,[e] Havant Borough Council,[d] Mole Valley District Council,[c] Portsmouth City Council, Reading Borough Council, Reigate and Banstead Borough Council,[c] Rother District Council,[e] Royal Borough of Windsor and Maidenhead, Runnymede Borough Council,[c] Spelthorne Borough Council,[c] Surrey Heath Borough Council,[c] Tandridge District Council,[c] West Berkshire Council, Woking Borough Council,[c] Wokingham Borough Council

N/A 2 December 2020[181]–18 December 2020[183] 19 December 2020[183] 20 December 2020[182]– 28 March 2021
East of England: Cambridgeshire County Council, Colchester Borough Council,[a] Norfolk County Council, Suffolk County Council, Tendring District Council,[a] Uttlesford District Council[a]

South East: Basingstoke and Deane Borough Council,[d] Brighton and Hove City Council, East Hampshire District Council,[d] Eastbourne Borough Council,[e] Eastleigh Borough Council,[d] Fareham Borough Council,[d] Hart District Council,[d] Lewes District Council,[e] Oxfordshire County Council, Rushmoor Borough Council,[d] Southampton City Council, Test Valley Borough Council,[d] Waverley Borough Council,[c] Wealden District Council,[e] West Sussex County Council, Winchester City Council

N/A 2 December 2020 – 25 December 2020[184] N/A 26 December 2020[185]– 28 March 2021
North West: Blackburn with Darwen Borough Council, Blackpool Council, Bolton Metropolitan Borough Council, Bury Metropolitan Borough Council, Lancashire County Council, Manchester City Council, Oldham Metropolitan Borough Council, Rochdale Borough Council, Salford City Council, Stockport Metropolitan Borough Council, Tameside Metropolitan Borough Council, Trafford Metropolitan Borough Council, Wigan Metropolitan Borough Council

North East: Darlington Borough Council, Durham County Council, Gateshead Borough Council, Hartlepool Borough Council, Middlesbrough Council, Newcastle upon Tyne City Council, North Tyneside Borough Council, Northumberland County Council, Redcar and Cleveland Borough Council, South Tyneside Borough Council, Stockton-on-Tees Borough Council, Sunderland City Council

East Midlands: Derby City Council, Derbyshire County Council, Leicester City Council, Leicestershire County Council, Lincolnshire County Council, Nottingham City Council, Nottinghamshire County Council

West Midlands: Birmingham City Council, City of Wolverhampton Council, Coventry City Council, Dudley Metropolitan Borough Council, Sandwell Metropolitan Borough Council, Solihull Metropolitan Borough Council, Staffordshire County Council, Stoke-on-Trent Borough Council, Walsall Metropolitan Borough Council, Warwickshire County Council

N/A N/A 2 December 2020 – 30 December 2020[186] 31 December 2020[187] – 28 March 2021
North West: Cheshire East Council, Cheshire West and Chester Council, Warrington Borough Council

East Midlands: Northamptonshire County Council

South East: New Forest District Council[d]

South West: Gloucestershire County Council, Somerset County Council, Swindon Borough Council

N/A 2 December 2020 – 25 December 2020 26 December 2020 – 30 December 2020[186] 31 December 2020[187]–28 March 2021
Isle of Wight Council 2 December 2020 – 25 December 2020[188] N/A 26 December 2020[188]–30 December 2020[186] 31 December 2020[189]–28 March 2021
North West: Cumbria County Council

South West: Bournemouth, Christchurch and Poole Council

N/A 2 December 2020 – 30 December 2020[190] N/A 31 December 2020[187]–28 March 2021
Council of the Isles of Scilly 2 December 2020[191]–5 January 2021[192] N/A N/A 6 January 2021[192]–28 March 2021
Yorkshire and The Humber: Barnsley Metropolitan Borough Council, Calderdale Metropolitan Borough Council, City of Bradford Metropolitan District Council, Doncaster Metropolitan Borough Council, East Riding of Yorkshire Council, Hull City Council, Kirklees Metropolitan Borough Council, Leeds City Council, North Lincolnshire Council, Rotherham Metropolitan Borough Council, Sheffield City Council, Wakefield Metropolitan District Council, North East Lincolnshire Council

South West: South Gloucestershire Council

N/A N/A 2 December 2020[193]–5 January 2021[194] 6 January 2021[192]–28 March 2021
South West: Bristol City Council, North Somerset Council N/A 19 December 2020[183]–25 December 2020[195] 2 December 2020[181]–18 December 2020,[183]

26 December 2020[196]–5 January 2021[194]

6 January 2021[192]– 28 March 2021
North West: Halton Borough Council, Knowsley Metropolitan Borough Council, Liverpool City Council, Sefton Borough Council, St Helens Borough Council, Wirral Metropolitan Borough Council

Yorkshire and The Humber: City of York Council, North Yorkshire County Council

East Midlands: Rutland County Council

West Midlands: Shropshire Council, Telford and Wrekin Borough Council, Worcestershire County Council

South West: Bath and North East Somerset Council, Devon County Council, Dorset Council, Plymouth City Council, Torbay Council, Wiltshire Council

N/A 2 December 2020[181]–30 December 2020[190] 31 December 2020[186]–5 January 2021[194] 6 January 2021[192]– 28 March 2021
Herefordshire Council 19 December 2020[183]–25 December 2020 2 December 2020[181]–18 December 2020,[183]

26 December 2020[197] – 30 December 2020[190]

31 December 2020[186]–5 January 2021[194] 6 January 2021[192]– 28 March 2021
Cornwall Council 2 December 2020[181]–25 December 2020 26 December 2020[198]–30 December 2020[190] 31 December 2020[199]–5 January 2021[194] 6 January 2021[192]– 28 March 2021

References

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  194. ^ a b c d e SI 8 (2021), Reg(3)(13)(a).
  195. ^ SI 1646 (2020), Reg(2)(7)(f).
  196. ^ SI 1646 (2020), Reg(2)(8)(d).
  197. ^ SI 1646 (2020), Reg(2)(7)(c).
  198. ^ SI 1646 (2020), Reg(2)(7)(g).
  199. ^ SI 1654 (2020), Reg(2)(5)(g)(ii).

Bibliography

  • "SI 350". Legislation.gov.uk. 26 March 2020. The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Retrieved 1 June 2020.
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  • "SI 1518". Legislation.gov.uk. 14 December 2020. The Health Protection (Coronavirus, Restrictions) (Self- Isolation and Linked Households) (England) Regulations 2020. Retrieved 13 December 2020.
  • "SI 1533". Legislation.gov.uk. 16 December 2020. The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) (Amendment) Regulations 2020. Retrieved 15 December 2020.
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  • "SI 1611". Legislation.gov.uk. 20 December 2020. The Health Protection (Coronavirus, Restrictions) (All Tiers and Obligations of Undertakings) (England) (Amendment) Regulations 2020. Retrieved 20 December 2020.
  • "SI 1646". Legislation.gov.uk. 26 December 2020. The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) (Amendment) (No. 3) Regulations 2020. Retrieved 24 December 2020.
  • "SI 1654". Legislation.gov.uk. 31 December 2020. The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) (Amendment) (No. 4) Regulations 2020. Retrieved 31 December 2020.
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