"26.—(1) The following Regulations are revoked—
...
(b)the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the International Travel Regulations”)"
"(4) Nothing in these Regulations applies in relation to a person who arrived in England before 4.00 a.m. on 17th May 2021 (and accordingly, the regulations mentioned in paragraph (1) continue to have effect in relation to such a person)."
2/3
How can regulations both be revoked and continue to have effect?
Or is what is really happening that they have been revoked *except* for people who arrived before 4am on 17 May 2021?
3/3
For context, in previous Covid regulations, certain regulations have remained in force for enforcement purposes for things that happened before the new regulations replaced them.
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The claim succeeded on Ground 3, about real possibility of bias. Probably the most important ground as it isn't an attack on the specific contract but about the principle of fair administration
What I find so impressive about @GoodLawProject is they are taking an attritional approach - claim after claim all focussed on establishing principles of good administration. Very few public lawyers have the resources and strategic approach to achieve this
It's difficult to explain how difficult it is to bring a single public law case against the government - to find the right case, the enormous funds required to protect your clients... taking this kind strategic approach is almost impossible, but it's getting results.
There are many important findings but from a Covid regulations perspective an important one is residents of the barracks were falsely imprisoned because they were told they couldn’t leave the site due to Covid regulations which was a misrepresentation of the law
Could have important consequences for other instances where people have been kept in, for example, student accommodation by misrepresentations of the legal position
This is the first time, I think, that local guidance has significantly changed without any change to the law. The Steps regulations allow for local areas to be placed into different steps but to date this hasn’t happened.
I am dealing with lots of cases involving hotel detention at the moment. My sense is the system is a complete mess and the security company which is running the hotels is not able to deal with medical or other difficulties
There is some confusion over the travel regulations and what has changed (and confusing messaging)
The truth is that policy over international travel has been confused throughout the pandemic, which suggests (to me, based on experience) policy disagreements
(thread)
The government toyed with the idea that international travel was banned under the various "stay at home" regulations but it was only recently (29 March) when the Steps regulations came into force that international travel without a "reasonable excuse" was explicitly prohibited
The "don't travel outside the UK without a reasonable excuse" law lasted until Monday 18 May, so only about 7 weeks.
Hotel quarantine - though discussed since Feb 2020 - only came into law on 15 February 2021