During theCOVID-19 pandemic, a variety oflockdown regulations were enforced in England by way ofstatutory instrument. Most covered the whole country, but some focused on local areas of particular concern.Leicester was the first area to be subject to local restrictions, on 4 July 2020, and many other regions were added over the subsequent three months.
On 14 October 2020, all of the statutory instruments discussed below were revoked and replaced with a set of three new regulations implementinga national system of three tiers of restrictions across England.
The local regulations were all introduced by way of astatutory instrument made by theSecretary of State for Health and Social Care,Matt Hancock, using emergency powers available to him under thePublic Health (Control of Disease) Act 1984, the stated legal basis being "the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England". In each case, the Secretary of State used section 45R of the Public Health (Control of Disease) Act 1984 to enact the regulations without prior parliamentary consideration, subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.[1]
TheHealth Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 (SI 2020/685)[2] were the first local lockdown regulations in England, coming into force on 4 July 2020 on the day that the nationwide regulations were relaxed byThe Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 which allowed most retail businesses to re-open and allowed certain gatherings of up to 30 people. Those relaxations were disapplied to theCity of Leicester and the surrounding area ("the protected area"),[3] defined by a list of postcode districts.
In contrast to the rest of the country, all non-essential businesses in the protected area had to remain closed, apart from a few exceptions such as garden centres, vehicle showrooms and their outdoor areas. All leisure and recreational facilities (other than outdoor sports courts or amenities) also had to remain closed, with exceptions only for elite athletes. Food and drink establishments were not permitted to make sales for consumption on the premises. Places of worship could open for individual private prayer only.[4]
Households of any size could form a "linked household" with no more than one other household containing exactly one adult and any number of children.[5] The regulations prohibited anyone staying overnight without reasonable excuse within the protected area in a place other than the place where they lived, or where their linked household lived. Individuals living outside the protected area were prohibited without from staying overnight without reasonable excuse at any place within the protected area other than the place where their linked household was living. Certain indoor and outdoor gatherings were also banned.[4]
SI 2020/685 was amended on 18 July 2020, after 14 days, by theHealth Protection (Coronavirus, Restrictions) (Leicester) (Amendment) Regulations 2020 (SI 2020/754).[6] These removedBlaby andCharnwood from the protected area,[7] restricting it to the City of Leicester and the Borough ofOadby and Wigston.[8]
SI 2020/685 was amended on 24 July 2020, after a further six days, by theHealth Protection (Coronavirus, Restrictions) (Leicester) (Amendment) (No. 2) Regulations 2020 (SI 2020/787).[9] These permitted the re-opening of non-essential retail premises, indoor markets in community centres, betting shops, retail galleries, drive-in cinemas, auction houses, and outdoor areas of zoos, safari parks and aquariums.[10]
SI 2020/685 was amended on 1 August 2020, after a further eight days, by theHealth Protection (Coronavirus, Restrictions) (Leicester) (Amendment) (No. 3) Regulations 2020 (SI 2020/823)[11] which removed the Borough of Oadby and Wigston from the protected area, limiting it solely to the City of Leicester.[12]
Two days later, on 3 August 2020, all of the Leicester regulations were repealed and were replaced by theHealth Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020 (SI 2020/824).[13] These changed the rules on gatherings, restricting gatherings of more than two people within private dwellings (apart from linked households),[14] but allowing up to 30 elsewhere.[8] Some additional premises were permitted to re-open.[15]
On 19 August 2020 theHealth Protection (Coronavirus, Restrictions) (Leicester) (No. 2) (Amendment) Regulations 2020 (SI 2020/875)[16] allowed the re-opening of outdoor swimming pools and outdoor facilities at water parks, nail bars and salons, tanning booths and salons, spas and beauty salons, massage parlours, tattoo parlours, and body and skin piercing services.[17]
On 8 September 2020 theHealth Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford, Leicester, and North of England) (Amendment) Regulations 2020 (SI 2020/954) permitted the re-opening in Leicester of indoor swimming pools, gyms, sports facilities, and fitness and dance studios.[18]
On 15 September 2020 theHealth Protection (Coronavirus, Restrictions) (Leicester) (No. 2) (Amendment) (No. 2) Regulations 2020 (SI 2020/987) permitted the re-opening in Leicester of casinos, indoor skating rinks, indoor play areas (including soft play areas), bowling alleys, conference centres and exhibition halls.[19]
On 22 September 2020 the Borough of Oadby and Wigston, which had been removed from the protected area on 1 August, was added back.[20]
The concept of 'linked childcare households' was introduced in Leicester and all the local lockdown areas on 22 September 2020 by theHealth Protection (Coronavirus, Restrictions) (Protected Areas and Linked Childcare Households) (Amendment) Regulations 2020 (SI 2020/1019).[21] A household with at least one child aged 13 or under could link with another household who was providing informal childcare.[22] In order to link, all adults in both households had to agree.[23] Each household was allowed a single linked childcare household only, which could not be changed; multiple links were not permitted.[24]
As a new exception to the restrictions on gatherings, a household was allowed to meet with its linked childcare household provided that the meeting was reasonably necessary for the provision of informal childcare.[25] This was an additional exception specifically for informal childcare arrangements, not for Registered Childminders[26] who had their own 'education' exception.[27]
These local restrictions were revoked on 14 October 2020 and replaced with regulations implementing a newthree-tier system across England.
On 25 July 2020 theHealth Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020 (SI 2020/800)[28] came into force in the town ofLuton inBedfordshire. The regulations exempted Luton from the relaxations that were coming into effect in most other areas of England on the same day, under theHealth Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 2) Regulations 2020 (SI 2020/788), maintaining tighter restrictions on gatherings and requiring more businesses to remain closed.[29]
The regulations in Luton remained in force for only seven days, and were revoked by The Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 (SI 2020/822) on 1 August.[30]
On 24 July 2020 theHealth Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020 (SI 2020/800)[28] came into force in the local authority area ofBlackburn with Darwen inLancashire. The regulations exempted Blackburn with Darwen from the relaxations that were coming into effect in most other areas of England on the same day, under theHealth Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 2) Regulations 2020 (SI 2020/788), maintaining tighter restrictions on gatherings and requiring more businesses to remain closed.[29]
Eight days later, on 1 August, SI 2020/800 was revoked and was immediately re-enacted without amendment for Blackburn with Darwen as part of theHealth Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 (SI 2020/822).[31] (The re-enactment had no effect in Blackburn with Darwen, simply replacing Luton with Bradford in the regulations).[32]
SI 2020/822 was amended on 5 August 2020 by theHealth Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020 (SI 2020/828)[33] to align the rules on gatherings in Blackburn with Darwen with those coming into force in other towns of Northern England.[34]
SI 2020/822 was amended on 26 August 2020 by theHealth Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) (Amendment) Regulations 2020 (SI 2020/898)[35] to restrict the protected area within Blackburn with Darwen to certain specified wards only.[36]
On 8 September 2020 theHealth Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford, Leicester, and North of England) (Amendment) Regulations 2020 (SI 2020/954) permitted the re-opening in Blackburn with Darwen of conference centres, exhibition halls, casinos, and bowling alleys; as well as indoor skating rinks, swimming pools, play areas, fitness and dance studios, gyms, and sports facilities.[37]
On 22 September 2020, following revocation[38] of the Blackburn with Darwen and Bradford Regulations (SI 2020/822)[31] previously covering the area, Blackburn with Darwen was brought into the scope of the North of England Regulations.[33][39]
These local restrictions were revoked on 14 October 2020 and replaced with regulations implementing a newthree-tier system across England.
On 1 August 2020 theHealth Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 (SI 2020/822)[31] came into force in the city ofBradford,West Yorkshire. These enforced in Bradford the same restrictions that had been imposed eight days earlier on Luton and on Blackburn with Darwen.[32]
SI 2020/822 was amended on 5 August 2020 by theHealth Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020 (SI 2020/828)[33] to align the rules on gatherings in Bradford with those coming into force in other towns of Northern England.[34]
On 2 September and again on 3 September the protected area within Bradford was restricted to certain wards only by theHealth Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) (Amendment) (No. 2) Regulations 2020 (SI 2020/930)[40] and theHealth Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) (Amendment) (No. 3) Regulations 2020 (SI 2020/935).[41]
On 8 September 2020 theHealth Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford, Leicester, and North of England) (Amendment) Regulations 2020 (SI 2020/954) permitted the re-opening in Bradford of conference centres, exhibition halls, casinos, and bowling alleys; as well as indoor skating rinks, swimming pools, play areas, fitness and dance studios, gyms, and sports facilities.[37]
On 22 September 2020, following revocation[38] of the Blackburn with Darwen and Bradford Regulations (SI 2020/822)[31] previously covering the city, Bradford was brought into the scope of the North of England Regulations.[33][42]
These local restrictions were revoked on 14 October 2020 and replaced with regulations implementing a newthree-tier system across England.
On 5 August 2020 the areas subject to further local restrictions on gatherings were significantly expanded by theHealth Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020 (SI 2020/828)[33] to include regions withinGreater Manchester,Lancashire, andWest Yorkshire. Specifically 'the protected area' of the regulations comprised the city, Metropolitan Borough and Borough Council areas ofBolton,Tameside,Bury,Manchester,Oldham,Rochdale,Salford,Stockport,Trafford,Wigan,Pendle,Hyndburn,Burnley,Rossendale,Calderdale andKirklees.[43]
With some exceptions (including linked households), the regulations prohibited two or more people from different households gathering in a private dwelling within the protected area; and people living in the area could not participate in any such gathering held outside the area.[44] Gatherings outside private dwellings of more than 30 people were also restricted.[45]
The regulations did not bring in any additional business closures, leaving that to be dealt with under the general rules for England set out in theHealth Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 (SI 2020/684), as amended.
The protected area was expanded to includePreston on 8 August 2020 by theHealth Protection (Coronavirus, Restrictions on Gatherings) (North of England) (Amendment) Regulations 2020 (SI 2020/846).[46]
On 15 August 2020 the scope of SI 2020/828 was widened by theHealth Protection (Coronavirus, Restrictions on Gatherings) (North of England) (Amendment) (No. 2) Regulations 2020 (SI 2020/865)[47] to allow for the enforcement of new local business closures in addition to the regulation of gatherings. Casinos, indoor skating rinks, indoor play areas including soft play areas, and conference centres and exhibition halls were permitted to reopen elsewhere from 15 August by theHealth Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 3) Regulations 2020 (SI 2020/863),[48] but had to remain closed within the 'North of England' protected area.[49]
SI 2020/828 was amended on 26 August 2020 by theHealth Protection (Coronavirus, Restrictions) (North of England) (Amendment) Regulations 2020 (SI 2020/897)[50] to remove Wigan and Rossendale from the protected area.[51]
On 2 September 2020 theHealth Protection (Coronavirus, Restrictions) (North of England) (Amendment) (No. 2) Regulations 2020 (SI 2020/931) removed from the protected area the towns of Stockport, Burnley and Hyndburn, as well as parts of Calderdale and Kirklees.[52]
On 8 September 2020 theHealth Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford, Leicester, and North of England) (Amendment) Regulations 2020 (SI 2020/954) permitted the re-opening in the protected area of conference centres, exhibition halls, casinos and bowling alleys; as well as indoor skating rinks and play areas. These facilities, however, had to remain closed within the area ofBolton Metropolitan Borough Council.[53] On 10 September a new set of regulations (SI 2020/974)[54] was introduced covering Bolton alone (see below).
On 22 September 2020, following revocation[38] of the Blackburn with Darwen and Bradford Regulations (SI 2020/822)[31] previously covering the city, Bradford was brought into the scope of these regulations.[33][42] Local restrictions were removed from Pendle and Preston, but re-imposed throughout the council areas of Calderdale and Kirklees[42] where they had been partially relaxed on 1 September.[52] Casinos, indoor skating rinks, indoor play areas, bowling alleys, conference centres and exhibition halls could re-open.[55]
The concept of 'linked childcare households' was introduced in all the local lockdown areas on 22 September 2020, enabling two households to become linked for the purposes of informal childcare.[21] (See Leicester for details).
The protected area was expanded to includeStockport,Wigan andLeeds on 26 September 2020 by theHealth Protection (Coronavirus, Restrictions) (Protected Areas and Restriction on Businesses) (Amendment) Regulations 2020 (SI 2020/1041).[56]
On 30 September a number of areas in the North West that were subject to restrictions under the regulations relating to the North East and North West of England were transferred to the North of England regulations by theHealth Protection (Coronavirus, Restrictions) (North of England, North East and North West of England and Obligations of Undertakings (England) etc.) (Amendment) Regulations 2020 (SI 2020/1057).[57]
These local restrictions were revoked on 14 October 2020 and replaced with regulations implementing a newthree-tier system across England.
On 29 August 2020 theHealth Protection (Coronavirus, Restrictions) (Greencore) Regulations 2020 (SI 2020/921) came into effect, targeting not a geographical area but the workers for a specific company, namelyGreencore Food to Go Ltd.[58] Subject to a few exceptions, the regulations required anyone whose main place of work between 7 and 21 August was one of two specified Greencore premises inNorthampton[59] to self-isolate for a period of one and two weeks starting on 29 August.[60] Members of workers' households were also required to self-isolate.[61]
The regulations expired after 28 days, on 26 September 2020.[62]
On 10 September 2020 theHealth Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020 (SI 2020/974) significantly increased restrictions within the area ofBolton Metropolitan Borough Council.
In addition to the existing closure of nightclubs, dance halls, sexual entertainment venues, conference centres, exhibition halls, casinos, bowling alleys, indoor skating rinks and play areas,[63] the regulations required the closure once again of all restaurants, cafes, bars and pubs offering food and drink for consumption on the premises.[64]
Most retail shops were required to close between the hours of 10 pm and 5 am, as were many public venues including cinemas, theatres, bingo halls, concert halls, museums and galleries, indoor visitor attractions and leisure centres, hairdressers, betting shops, nail bars, tanning and beauty salons, tattoo parlours, massage parlours, playgrounds, social clubs, zoos, adventure and theme parks.[65] Some retail shops were excluded, including food retailers, newsagents and petrol stations.[66]
All gatherings (of two or more people) in a private dwelling or garden were prohibited[67] unless the individuals were members of a common household or of a single linked household,[68] or the gathering was reasonably necessary for certain permitted purposes such as work, education or child care.[69] Two households could be permanently 'linked' for this purpose where one household consisted of exactly one adult (no more) plus any number of children; the second could consist of any number of adults and children.[70]
Most other types of gathering (indoor and outdoor) of more than six people were also prohibited[71] unless all the individuals were of a common or two linked households,[72] or the gathering was reasonably necessary for certain permitted purposes such as work, education or child care.[73] Also permitted were certain gatherings arranged by a company, charity or political body where a formal risk assessment had been carried out.[74]
The concept of 'linked childcare households' was introduced in all the local lockdown areas on 22 September 2020, enabling two households to become linked for the purposes of informal childcare.[21] (See Leicester for details).
From 26 September 2020 theHealth Protection (Coronavirus, Restrictions) (Protected Areas and Restriction on Businesses) (Amendment) Regulations 2020 (SI 2020/1041) all food and drink takeaways (selling food and drink prepared on the premises for immediate consumption off the premises) had to close between 22:00 and 05:00, apart from supermarkets, convenience stores, pharmacists and petrol stations.[75]
These local restrictions were revoked on 14 October 2020 and replaced with regulations implementing a newthree-tier system across England.
On 15 September 2020 further local restrictions were enforced by theHealth Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020 (SI 2020/988). These disapplied the standardRule of six regulations that applied elsewhere in England and replaced them with more onerous restrictions within the areas ofBirmingham,Sandwell andSolihull.[76]
Within the protected area, all gatherings (of two or more people) in a private dwelling or garden were prohibited[77] unless the individuals were members of a common household or of a single linked household,[78] or the gathering was reasonably necessary for certain permitted purposes such as work, education or child care.[79] Two households could be permanently 'linked' for this purpose where one household consisted of exactly one adult (no more) plus any number of children; the second could consist of any number of adults and children.[80]
On 22 September 2020Wolverhampton was added to the protected area.[81]
The concept of 'linked childcare households' was introduced in all the local lockdown areas on 22 September 2020, enabling two households to become linked for the purposes of informal childcare.[21] (See Leicester for details).
These local restrictions were revoked on 14 October 2020 and replaced with regulations implementing a newthree-tier system across England.
On 18 September 2020 further local restrictions were introduced across a wide area of North East England by theHealth Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020 (SI 2020/1010), and the follow-up regulationsvisible anchor|Health Protection (Coronavirus, Restrictions) (North East of England) (Amendment) Regulations 2020}} (SI 2020/1012) which corrected some typographical errors. Specifically 'the protected area' of the regulations coveredDurham,Gateshead,Newcastle,Northumberland,North Tyneside,South Tyneside andSunderland.[82]
Nightclubs, dance halls, discos and sexual entertainment venues had to remain closed.[83] Certain businesses were subject to restricted opening hours, and were prohibited from opening between the hours of 10pm and 5am. These included businesses offering food and drink for consumption off the premises, restaurants, cafes, pubs, bars, social clubs, bowling alleys, cinemas, theatres, concert halls, indoor leisure facilities, funfairs, adventure parks, casinos and bingo halls.[84] Where such businesses served food and drink for consumption on the premises during permitted opening hours they could serve only customers sitting at tables.[84]
All gatherings (of two or more people) in a private dwelling or garden were prohibited[85] unless the individuals were members of a common household or of a single linked household,[86] or the gathering was reasonably necessary for certain permitted purposes such as work, education or child care.[87] Two households could be permanently 'linked' for this purpose where one household consisted of exactly one adult (no more) plus any number of children; the second could consist of any number of adults and children.[88]
On 22 September 2020, the following regions were added to or added back to the protected area:Burnley,Chorley,Fylde,Halton,Hyndburn,Knowsley,Lancaster,Liverpool,Pendle,Preston,Ribble Valley,Rossendale,Sefton,South Ribble,St Helens,Warrington,West Lancashire,Wirral andWyre.[39]
Following revocation[38] of the Blackburn with Darwen and Bradford Regulations (SI 2020/822)[31] previously covering that area, Blackburn with Darwen was brought into the scope of these regulations.[33][39]
The concept of 'linked childcare households' was introduced in all the local lockdown areas on 22 September 2020, enabling two households to become linked for the purposes of informal childcare.[21] (See Leicester for details).
The protected area was expanded to includeBlackpool on 26 September 2020 by theHealth Protection (Coronavirus, Restrictions) (Protected Areas and Restriction on Businesses) (Amendment) Regulations 2020 (SI 2020/1041).[89]
On 30 September a number of areas in the North West that were subject to restrictions under these regulations were transferred to the North of England regulations by theHealth Protection (Coronavirus, Restrictions) (North of England, North East and North West of England and Obligations of Undertakings (England) etc.) (Amendment) Regulations 2020 (SI 2020/1057).[90]
For those areas remaining as protected areas under these regulations, further restrictions were imposed on gatherings in private dwellings and indoor settings to prevent two or more persons from meeting in a private dwelling other than for certain specific reasons.[91]
Amendments were made to the Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020 (SI 2020/1008) to ensure that the obligations placed on hospitality venues were aligned with the further restrictions on gatherings where located in protected areas subject to the North East and North West of England regulations.[92]
These local restrictions were revoked on 14 October 2020 and replaced with regulations implementing a newthree-tier system across England.
Breaches of all the above regulations were offences and could be prosecuted or dealt with byfixed penalty notices. With effect from 24 September 2020, the penalties were doubled by theHealth Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 5) Regulations 2020 (SI 2020/1029), starting from £200 for the first offence (halved to £100 for prompt payment), and increasing on a sliding scale to a maximum of £6,400 for a sixth or subsequent offence.[93][94][95][96]
TheSecretary of State for Housing, Communities and Local Government commissioned a rapid review of the work of the Leicester and Leicestershire councils during the local outbreak, in order to share good practices and identify scope for improvement, both locally and nationally. The review began on 5 August and a report byDame Mary Ney was submitted on 21 August. Nine "learning points" and six areas of good practice were highlighted.[97]
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