On 5th November The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 setting out rules for a further lockdown in England came into force. The regulations are designed to slow or halt Covid-19 infection rates by restricting movement of people unless for specific reasons. They replace the local tiered restrictions which came into force on 12th October and apply until the end of 2nd December.
What are the Main Restrictions? | Rosenblatt’s Financial Crime Team
A summary of the key provisions of the regulations is provided below.
Restrictions on leaving home
The regulations make it an offence for anyone leaving their home without a reasonable excuse. Examples of the specific purposes that constitute a reasonable excuse include but are not limited to:
- Essential activities such as buying things at shops which are open, for instance for food and medicine, or to collect any items – including food or drink – ordered through click-and-collect or as a takeaway, to obtain or deposit money, or to access critical public services such as the NHS.
- Work purposes or providing voluntary or charitable services where this cannot reasonably be done from home.
- Formal education, training, registered childcare and children’s activities that are necessary to allow parents/carers to work, seek work, or undertake education or training. Parents can still take their children to school, and people can continue existing childcare arrangements between parents who live apart from children.
- Medical reasons, including to get a Covid-19 test, appointments and emergencies, to visit someone who is giving birth or dying, or to avoid or escape risk of injury or harm (such as domestic abuse).
- Visiting a place of worship for individual prayer, a funeral or a related event for someone who has died, to visit a burial ground or a remembrance garden, or to attend a deathbed wedding.
- Fulfilling a legal obligation or to participate in legal proceedings.
These restrictions also mean that travelling within the UK or abroad is prohibited unless one of the exceptions set out in the regulations apply.
Restrictions on meeting others
Most social interaction between people is restricted, including meeting in private gardens, but there are some exceptions, including where this has been outlined above.
- Visiting others in a support bubble or to provide informal childcare for children 13 and under as part of a childcare bubble, to provide care for vulnerable people, to provide emergency assistance, attend a support group (of up to 15 people), or receive respite care.
- People can also exercise outdoors or visit an outdoor public place with one other person from another household.
Open and closed businesses and venues
The regulations order certain businesses and venues to close or restrict how they provide goods and services. These include but are not limited to:
- Non-essential retail, such as clothing and homeware stores, vehicle showrooms (other than for rental), betting shops, tailors, tobacco and vape shops, electronic goods and mobile phone shops, and market stalls selling non-essential goods. These venues can continue to be able to operate click-and-collect (where goods are pre-ordered and collected off the premises) and delivery services.
- Hospitality venues such as cafes, restaurants, pubs, bars and social clubs; with the exception of providing food and drink for takeaway (before 10pm; and not including alcohol), click-and-collect, drive-through or delivery.
- Accommodation such as hotels, hostels, guest houses and campsites except for specific circumstances, such as where these act as someone’s main residence.
- Leisure and sports facilities such as leisure centres and gyms, swimming pools, tennis and basketball courts, golf courses, fitness and dance studios, climbing walls, archery, driving, and shooting ranges.
- Entertainment venues such as theatres, concert halls, cinemas, museums and galleries, casinos, amusement arcades, bingo halls, bowling alleys, skating rinks, go-karting venues, soft play centres and areas, circuses, funfairs, zoos and other animal attractions.
- Personal care facilities such as hair, beauty, tanning and nail salons.
- Places of worship, apart from for the purposes of independent prayer, and service broadcasting and funerals.
Certain businesses may remain open for exempt activities, such as:
- Education and training (including for schools to use sports and leisure facilities where that it part of their normal provision).
- Childcare purposes and supervised activities for children.
- Blood donation and food banks.
- To provide medical treatment.
- For elite sports persons (in indoor and outdoor sports facilities), professional dancers and choreographers (in fitness and dance studios).
- For training and rehearsal without an audience (in theatres and concert halls).
- For the purposes of professional film and TV filming.
The businesses and venues which may remain open in line with Covid-19 guidelines are largely limited to those providing essential goods and services, such as:
- Essential retail such as food shops, supermarkets, pharmacies, garden centres, hardware stores, building merchants and off-licences.
- Petrol Stations, car repair and MOT services, bicycle shops, and taxi and vehicle hire businesses.
- Banks, building societies, post offices, loan providers and money transfer businesses.
- Funeral directors.
- Launderettes and dry cleaners.
- Medical and dental services.
- Vets and pet shops.
- Agricultural supplies shops.
- Storage and distribution facilities.
- Car parks, public toilets and motorway service areas.
- Outdoor playgrounds.
What is clear from the regulations is that the restrictions imposed are not as stringent as those which were in force during the early period of the pandemic. They provide for more exceptions as to the circumstances in which people can leave home and meet others, as well as the businesses and venues which may remain open.
Enforcement | Rosenblatt’s Financial Crime Team
Breaches of the restrictions amount to a criminal offence. The statutory instrument setting out the restrictions contains provisions for enforcing them through fixed penalty notices which increase in amount if a person or business is a repeat offender. Proceedings for an offence may also be brought by the Crown Prosecution Service and any person designated by the Secretary of State.
Rosenblatt can help
Rosenblatt has a wealth of experience in criminal law and is uniquely placed to support client’s crime needs during these unprecedented times, consistently ensuring a familiarity with the ever-changing Government guidance on COVID-19.
