Adam Wagner Profile picture
Barrister @DoughtyStreet. Chair @EachOtherUK. Visiting Prof @GoldsmithsUoL. Author #EmergencyState. Views my own not of Doughty Street Chambers.

Sep 13, 2020, 24 tweets

🚨They are here. 15 minuets before they come into force. A new record - and not a good one.

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020

legislation.gov.uk/uksi/2020/986/…

So, what do they say? Yes, I am here at 23:48 on a Sunday night doing this. Thanks @pritipatel, who for some reason has replaced Matt Hancock as the minister responsible for these new regs.

Usually the time they are made is there too but clearly they are so embarrassed... /2

OK, have had a first read through. Took a bit as these are *complicated*. As you know, people are prohibited from now in England from meeting in groups of more than 6 unless an exception applies. And there are loads, and loads, of exceptions, and plenty of room for confusion /3

I'll do a brief run through - not detailed - as I need to go to bed. As I suggested a few days ago, it looks like for the first time the guidance and law are coming together, joining hands, one set of regulations to bind us all. So the list in the guidance below is about right /4

But there is a lot of new stuff in the regulations.

The starting point is no more than 6 people may gather - unless the gathering falls within a list of exceptions. /5

But here's the complicated bit - which is going to be nigh on impossible to enforce - you can participate in gatherings organised by charities, businesses, public bodies [hey, what happened to political bodies? Gone from the last regulations]... but you have to join as... /6

... a 'qualifying group' which basically means you go along as a 6 or less, or a household, but then you are not allowed to (@davidallengreen @SeethingMead you're going to love this) *mingle* with anyone else. It's illegal to mingle! What does mingle mean? /7

Is saying hello to someone at a gathering "mingling"? What about holding the door open for them? I know it's late but this is all I can think of now 👇 - children of the 80s, join me! /8

There are some brand new terms, perhaps never before seen in law, in the exceptions:
- "Support group" /9

- "significant event gathering"
[this has replaced 'life cycle event" as perhaps that wasn't a term enough people understand, but this is all rather wide isn't it?
Would it apply to a finishing school party?
Kind of reminds me of this
/10

And then there is "sports gathering"
Doesn't this exclude privately organised sporting activities, i.e. organised by individuals, such as 5-a-side football games? /11

"Relevant outdoor activity"

God this is all so convoluted /12

Weddings and wedding receptions are allowed - no more than 30 people though as promised in the guidance /13

Good to see, as promised in the guidance, for the first time in six months protests are permitted as long as they complete a risk assessment and follow guidance

Weirdly, 'political body' has stayed in this bit but come out of the overall exception. I guess the govt... /14

... think that all political bodies do is organise protests, or that the only valid in-person activity over 6 people they organise is protests? /15

According to Westlaw, this is the first appearance of the word "mingle" in English legal history. Probably. /16

As before, you can 'link households'. For those who have forgotten, in short one of the two households must only have one adult (and however many children). The other household can have any number of adults. The linking means you can meet with more than 6 from 2 households /17

I really must go to bed now. I'm sorry the government did this so ridiculously late and have launched the most complex and convoluted set of lockdown regulations on England yet. I don't see how these are enforceable in any real sense - so many complex exceptions /18

Good night, I hope above doesn't seem frivolous - it isn't meant to, it's just exasperating and you have to laugh sometimes. Please do follow guidance which (thankfully, for the first time in 6 months) reflects the law. Let's look out for each other /19 gov.uk/government/pub…

Just to add - you can’t rely on the PDF the govt published last night alone. It amends (adds to) July regulations. So you have to insert/delete as you are going to see full list of exceptions to regulation 5
Original: legislation.gov.uk/uksi/2020/684/…
Amendments legislation.gov.uk/uksi/2020/986/… /20

Very helpful combo document made by @dracos. Haven’t checked for accuracy but looks good dracos.co.uk/made/rule-of-s…

The official guidance has now been updated to match the new regulations - note that there are already some 'explanations' of the regulations in the guidance, though a court would have to make up its own mind.

gov.uk/government/pub…

Some of the guidance seems to directly contradict the regulations themselves. E.g. 'significant event gathering'

Guidance: "This only covers the ceremonies, and does not include celebrations of these events"

Regulations: "such as events to celebrate"

Informally organised sport over 6 people seems to have been banned - this was my reading of the regulations too. RIP my five-a-side game

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