There has been some discussion on my timeline as to whether (a) Prince Philip's funeral would be subject to the Covid regulations at all, and (b) if so whether The Queen would be.

Thank you to those who illuminated this for me, I had not given it much thought
Is Windsor Castle subject to the Covid regulations (currently the "Steps" regulations - here )?

The starting point is that the Public Health (Control of Disease) Act 1984 only appears to apply to "Crown property" by agreement - see section 73
The Steps regulations (we are now in Step 2) have rules for funerals which require it to be held in a a "public outdoor place" amongst other potential venues.

A "public outdoor place" is defined as including "crown land to which the public has access "

legislation.gov.uk/uksi/2021/364/…
This is how "crown land" is defined 👇🏻

Now, Windsor Castle is in usual times "crown land to which the public has access" - though not at the moment
This does sound like there has been some kind of agreement for Crown Land "to which the public has access" to be included in the Steps regulations

But I haven't seen any express agreement

So I think Windsor Castle is potentially caught by the regulations but not definitely
But this can get very arcane - e.g. when you think about the chapel versus the rest of the land where the procession will be. So, really, it's a bit of a🤷🏼‍♂️

English law can get very weird when you are talking about the Crown and Church
Next question: would The Queen be part of the 30?

Here you should separate the question of (a) whether she could be fined prosecuted for a breach (she could not - because Crown immunity) and (b) whether she is a "person" within the 30.
I would have thought The Queen would be included in the 30 because... well... she's a person. You know, a human. Not a deity or some other kind of metaphysical entity.

But
This will of course remain in the realm of the theoretical

Comments welcome!
This is very good though not about the Steps regulations (it pre-dated them). I shared it at the time ukconstitutionallaw.org/2021/02/15/ron…

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More from @AdamWagner1

12 Apr
What, precisely, is the supposedly objectionable part of the bills? Image
I am told the issue is with s6 and 19-21 of the children’s rights act parliament.scot/-/media/files/…
Read 4 tweets
9 Apr
🚨 New regulations to take England into "Step 2" from Monday and make other minor amendments

The Health Protection (Coronavirus, Restrictions) (Steps and Local Authority Enforcement Powers) (England) (Amendment) Regulations 2021

In force Monday

legislation.gov.uk/uksi/2021/455/… Image
Explanatory note:
- Change to definition of “linked household”
- clarify that customers may enter premises serving alcohol to pay for their food and drink,
- clarify which facilities may remain open in campsites, caravan parks and self-contained holiday accommodation Image
This is actually an important change as it clarifies something which hasn't been clear for months - whether a linked household has to have *only* one or more children under 1 or can have a child under 1 plus others who are not.

The latter is the answer. Image
Read 5 tweets
9 Apr
As we Jews say, wishing the Queen and family a long life. Rest in peace, Prince Phillip - may his memory be a blessing
Sorry to get down to brass tacks here but people might be interested in the current rules for funerals:

30 people maximum under "Step 2" which begins on Monday and is likely to last until 17 May

legislation.gov.uk/uksi/2021/364/… Image
Commemorative events for for deaths will be maximum 15 people Image
Read 6 tweets
7 Apr
I really enjoyed the new Briefing Room with @DAaronovitch about Covid responses around the world. Have been thinking about this final bit continuously since I heard it 1/3 podcasts.apple.com/gb/podcast/the…
Has a too individualistic approach to rights has stood in the way of effective response to Covid? I don’t agree that this is an effective attack on liberal democracy but it is a critique which liberals need to take seriously 2/3
I have a new article on vaccine passports coming later where I question if some of us have been taking too narrow an approach to human rights - and not paying enough attention to social and economic rights, and perhaps we are too stuck in old paradigms. Anyway, one to discuss 3/3
Read 4 tweets
5 Apr
This is plausible under the current restrictions, which mandate a negative test, further test, & 10 days’ self-isolation for visitors from non-Red List countries BUT don’t require the visitor to be coming for any particular reason (as is the case for citizens leaving the UK) 1/3
Coming to the UK as a tourist has become a lot easier since 29 March when the ‘leave/be outside home without a reasonable excuse’ restriction was removed as there is no longer any (even potential) legal ban on tourism to the UK. 2/3
The net effect is that it is illegal for a UK resident to leave the UK for a holiday but legal for a non-UK resident from a non red list country to enter and be in the UK for a holiday as long as they self-isolate and test 3/3
Read 7 tweets
4 Apr
Troubling video. Religious gatherings are lawful with no numbers limits save for what a risk assessment combined with government guidance safely permits. If police had done that analysis and concluded there were too many people, then OK, but did they? 1/3
There is a right to manifest religion contained in primary legislation and should only be interfered with if the interference is proportionate. Did the police understand this? Did they consider alternatives such as asking excess numbers to leave? Ask people to put on masks 2/3
Or did they get a report of lots of people, some not wearing masks, and make a snap decision? On Good Friday of all days. My worry when I see this is not just what is in the video but all the times this kind of thing must have happened without us knowing during the pandemic 3/3
Read 4 tweets

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