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

Dec 13, 2021, 25 tweets

🚨Covid pass regulations published

The Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) Regulations 2021

legislation.gov.uk/uksi/2021/1416…

Ooh these are *complicated* regulations. Always a bad sign when there is a contents page

Preliminary point: Absolutely absurd that these regulations have been published less than 24 hours before the vote. They are so complex they should have had months of debate like a proper law.

So the first bit is about which events require Covid passes - Category A, B, C and D events

B, C and D events are subject to exceptions so watch out

Cat A: venues listed in Schedule 1 (will come to that)
Cat B: "is attended, or is likely to be attended, at any point" 😬by 500 or more people indoors or partly indoors and partly outdoors
Cat C: Outdoors with 4,000 or more people
Cat D: events with over 10,000 people

Category B events require that the 500+ people "are likely to stand or move around" during the event, and that *doesn't* include going to the toilet or getting food or drink. 🚽

Regulation 5 sets out the requirements to ensure that nobody enters relevant events without satisfying the criteria in Regulation 8 - coming to that, that's Covid passes

Regulation 6 provides for the possibility of spot checks "not reasonably possible to carry out a check on every person within regulation 5(3)as described in that paragraph, without endangering the safety of any person attending, or providing services at, the venue or event"

Bureaucracy for local authorities who have to approve spot check plans

Regulation 7: requirement for venues to keep statements and records. Hope that venues have this sorted by Wednesday!

Regulation 8 is the Covid Pass regulation, includes:
1⃣ 2 vaccine doses
2⃣ Approved test up to 48 hours before entering
3⃣ Clinical trial
4⃣ Can't be vaccinated for clinical reasons

NOT positive PCR within six months - this has been taken out it appears

Regulation 9: accepted proof

Can be NHS Covid pass or equivalent for other parts of UK.

Could also be overseas vaccination proof

Valid notification of a negative result from a qualifying test - assume you can bring the lateral flow with you?

Proof of negative test

Regulation 10 - exempt persons
Important list, includes:
- People under 18
- Services providers (e.g. employees) at venues
- organised sports or fitness activities attending venue (so excludes people attending gyms?)

Regulation 12: new power for local authorities - Coronavirus Improvement Notices

Another new power for local authorities under regulation 13: Coronavirus Immediate Restriction Notices

LAs can close premises or require improvement

And another new power under regulation 14: Coronavirus Restriction Notices

The usual offences and fixed penalty notices.

For those saying "this is easily fakeable", there is a £10,000 fixed penalty notice for a person who "makes, adapts, supplies or offers to supply false evidence of COVID status to another person which P knows is false or misleading"

Otherwise it's £1,000 (or £500 if paid within 14 days) for other offences under the regulations - e.g. venue not complying with duties or LA improvement notices

Schedule 1: venues where the rules apply

Schedule 2: exempt events
- Weddings and weddings receptions
- "significant life events" (ooh, isn't the PM having a christening soon? I seem to remember the only time we had "significant life events" before was when his last child was!)

Here is the explanatory note
Note these regulations come into force on Wed 15 December at 6am - get ready everyone!
They expire on 26 January 2022 but can obviously be extended by new regulations

Nb if you run a venue please read these regulations and the guidance in full, I haven't included everything in these brief tweets. Lots to get your head around and sorted by Wed.

I have updated my Covid resources table. Because this is an entirely new category of restrictions and regulations I have added a *new table row colour"! docs.google.com/document/d/1ne…

If you appreciate my free Covid laws summaries and analysis please consider giving a few £ to my @LawCentres fundraiser justgiving.com/fundraising/ad…

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