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Here are the emergency regulations which the PM promised earlier this week:
The Health Protection (Coronavirus, Restrictions) (England)Regulations 2020
They are pretty extraordinary. A quick summary in this thread /1 legislation.gov.uk/uksi/2020/350/…
Legal basis:
Sec of State can't usually make regs without parliamentary approval. But these are under Public Health (Control of Diseases) Act 1984 which gives power to make emergency regs. They have to be reviewed after 21 days and terminated as soon as no longer necessary /2
The regulations expire after 6 months in any event /3
The regs replace the two sets of previous ones - relating to business premises and quarantine. But don't forget that parliament is about to (already has?) approve a huge set of new laws in the Coronavirus Bill so this is only for the latest restrictions /4 eachother.org.uk/what-you-need-…
The rules on business closures is in regulations 4 and 5 /5
Then we get to freedom of movement restrictions. This is quite a bit more detailed than, and different to, PM's statement. Big difference I spotted is there is no restriction on *number of times* you can do each thing lawfully. You just need a "reasonable excuse" as defined /5
This is the second half of Regulation 6 (restrictions on movement). Good to know we can travel within any appurtenance of our homes! (-:
Some sensible exceptions in there such as for hte homeless, carers, essential workers etc /6
So whilst it remains the government's direction to people (the extract below is from the PM's speech on 23rd) that they only take "one form of exercise per day" this is not the law. I think this is sensible as how could this be enforceable? /6
Regulation 7 restricts gatherings of more than 2 people except when it's a gathering of people from the same household, essential work purposes, funerals, to facilitate a house move, emergency assistance or to fulfil a legal obligation /7
How will this be enforced? Well, police, community support officers and anyone designated by a local authority or the secretary of state are getting broad powers here to take "such action as is necessary to enforce" 4, 5 and 7 which are business closure and public gatherings.. /8
... can also impose "prohibition notice" which if breached can lead to a criminal conviction and a fine (I can't immediately see what level fine). /9
For breaching Reg 6 (not having a reasonable excuse to leave your residence) police etc can use "reasonable force" to return you to your residence or give you a fine starting at £60 (£30 if you pay in 14 days) rising to £120 and £960 for repeated contraventions /10
So those are our new rules. The most extensive legal restrictions on freedom of movement, possibly ever. Huge powers to police, community support officers and local authorities to enforce, including with fines and even physical force. /11
Most will see them as necessary, for now, but still extraodinary on any view and a huge restriction on our liberties (albeit for reasonable purpose: to save life). Hope police and other authorities will only punish flagrant breaches and vast majority will voluntarily comply /12
Oh, and you will be held responsible for your children breaking the rules! /13
Should have pointed out that these only apply to England. I assume there will be similar ones for NI, Wales and Scotland (thanks @JohnWadham) /14
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