I got something wrong in a couple of Tweets about 15 minutes ago, but useful to explain what I got wrong and why.
Latest press briefing is that people will soon be allowed to exercise outside with one person from another household (if socially distanced). (1)
Latest press briefing is that people will soon be allowed to exercise outside with one person from another household (if socially distanced). (1)
Contrary to what I originally said, it's not clear that you could do this at the moment. Why?
(a) you can be outside the house for exercise
and
(b) only some gatherings of more than 2 people are prohibited
But from that it doesn't follow two people can exercise together. (2)
(a) you can be outside the house for exercise
and
(b) only some gatherings of more than 2 people are prohibited
But from that it doesn't follow two people can exercise together. (2)
This is because you need a "reasonable excuse" to be outside. There's a list of reasonable excuses and it includes exercise, but it's a bit more specific. It says you can be out "to take exercise either alone or with other members of their household". (3)
Now that doesn't mean that taking exercise outside in a situation where someone else you know is doing the same at a distance is "not allowed" but Regulation 6 might be construed as intending to treat "exercise with anyone from another household" as "not a reasonable excuse". (4)
So if Gov't wants to relax this rule some point in next week or so, it might need to change the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.
e.g. amend Regulation 6 to say "alone or with one other person or with other members of their household". (5)
e.g. amend Regulation 6 to say "alone or with one other person or with other members of their household". (5)
They can amend those regulations by simply making another set of regulations under the Public Health (Control of Disease) Act 1984.
The original Regulations (and first amending regulations) were both done under the "made affirmative" procedure so came into force immediately. (6)
The original Regulations (and first amending regulations) were both done under the "made affirmative" procedure so came into force immediately. (6)
If regulations are "made affirmative" this means they can come into effect immediately without Parliamentary approval and only lapse if MPs/Peers reject them or don't not approve them within 28 days.
First two sets of regulations were (retrospectively) approved last week. (7)
First two sets of regulations were (retrospectively) approved last week. (7)
It is possible amendments to *relax the restrictions" rather than *impose restrictions* or *clarify existing restrictions* might not meet the "urgency" threshold necessary to use the made affirmative procedure. Thus Parliament might need to approve changes before the happen. (8)
If a draft Statutory Instrument is laid on Monday, it would presumably then be debated (and if needed, voted on) on Tuesday. But that means it could only come into force on Tuesday evening or (more likely) on Wednesday. This tallies with what @Peston says about when. (9/9)
