Important new lockdown regulations came into force on Saturday giving local authorities sweeping powers to close businesses, prohibit and impose requirements on events and direct public outdoor places close
Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020
Thread
Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020
Thread
Here is the link to the new regulations
Contents legislation.gov.uk/uksi/2020/751/…
PDF legislation.gov.uk/uksi/2020/750/… /2
Contents legislation.gov.uk/uksi/2020/751/…
PDF legislation.gov.uk/uksi/2020/750/… /2
Give local authorities power to do 3 things:
1. Close/impose requirements/restrictions on specified premises (Reg 4)
Can't apply to premises forming part of "essential infrastructure" - whatever that means, it isn't defined
LA must "have regard to" access to essential services
1. Close/impose requirements/restrictions on specified premises (Reg 4)
Can't apply to premises forming part of "essential infrastructure" - whatever that means, it isn't defined
LA must "have regard to" access to essential services
2. Prohibit or restrict events
- includes specific event (eg a music festival) or category of events (eg all music festivals).
- v wide power as authority can define events by no. of people attending or "in any other way". So could ban all events with more than 2 people
- includes specific event (eg a music festival) or category of events (eg all music festivals).
- v wide power as authority can define events by no. of people attending or "in any other way". So could ban all events with more than 2 people
3. Prohibit or restrict public outdoor places
- Again, can be one place ('Victoria Park') or category of places ('all parks')
- Authority must clearly define the place/s and give notice
- Then illegal to be in the place except with "reasonable excuse" (you know the drill)
- Again, can be one place ('Victoria Park') or category of places ('all parks')
- Authority must clearly define the place/s and give notice
- Then illegal to be in the place except with "reasonable excuse" (you know the drill)
All of the above are subject to certain important provisos.
1st, local authority cannot make a direction unless it is a necessary and proportionate response to a serious and imminent public health threat
2nd, there is a right to appeal to a magistrates court for any direction
1st, local authority cannot make a direction unless it is a necessary and proportionate response to a serious and imminent public health threat
2nd, there is a right to appeal to a magistrates court for any direction
3rd the restrictions must be reviewed every 7 days and terminated if they no longer meet the necessity/proportionality requirements
4th the local authority must have regard to "any advice" given by its director of public health
4th the local authority must have regard to "any advice" given by its director of public health
(nb not the same as saying local authority *must take advice* from director of public health before making a direction - this is an error in my view, it would impose important scrutiny and expertise. Weirdly, it contrasts with the Secretary of State who has a duty to take advice)
Sorry, the contents link in the second tweet was the wrong link - this is the right one legislation.gov.uk/uksi/2020/750/…
Final thoughts
1. Again, these extraordinary new powers have been brought in without any prior parliamentary scrutiny
2. Open question whether primary legislation (public health act) authorises sub-delegation to local authorities
1. Again, these extraordinary new powers have been brought in without any prior parliamentary scrutiny
2. Open question whether primary legislation (public health act) authorises sub-delegation to local authorities
3. Lots of room for ambiguity e.g. "essential infrastructure" and "event" which are not defined (paging @SeethingMead)
4. Local authorities should be mandated to take public health expert advice before imposing restrictions, it shouldn't be optional
4. Local authorities should be mandated to take public health expert advice before imposing restrictions, it shouldn't be optional
5. Unclear whether local authorities will use these powers or not but if they do I really hope they take careful public health and legal advice to ensure they are necessary and proportionate otherwise there will be litigation - particularly directions are appealable.
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For reference:
Thread on the 3 July (No. 2) regulations which are still in force
Thread on. the Leicester specific regulations which as far as I know are still in force force
Thread on the 3 July (No. 2) regulations which are still in force
Thread on. the Leicester specific regulations which as far as I know are still in force force
