The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (SI 2020/327) is a statutory instrument (SI) enacted on 21 March 2020 by the

Secretary of State for Health and Social Care The secretary of state for health and social care, also referred to as the health secretary, is a secretary of state in the Government of the United Kingdom, responsible for the work of the Department of Health and Social Care. The incumbent ...

Matt Hancock Matthew John David Hancock (born 2 October 1978) is a British politician who served as Minister for the Cabinet Office and Paymaster General from 2015 to 2016, Secretary of State for Digital, Culture, Media and Sport from January to July 201 ...

, in response to the

COVID-19 pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identi ...

. It enforced the closure in England of businesses selling food and drink for consumption on the premises, as well as a range of other businesses such as nightclubs and indoor leisure centres where a high risk of infection could be expected. SI 2020/327 remained in force for five days, until 1pm on 26 March, when it was revoked and its provisions re-enacted with more extensive restrictions by

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350), informally known as "the Lockdown Regulations", was a statutory instrument (SI) enacted on 26 March 2020 by the Secretary of State for Health and Socia ...

(SI 2020/350). SI 2020/350 became the principal delegated English legislation restricting freedom of movement, gatherings, and business closures during the COVID-19 emergency period.

Legal basis

The regulations were introduced by way of a Statutory Instrument made by the

, using emergency powers available to him under the

Public Health (Control of Disease) Act 1984 The Public Health (Control of Disease) Act 1984 is a piece of legislation for England and Wales which requires physicians to notify the 'proper officer' of the local authority of any person deemed to be suffering from a notifiable disease.Stephen ...

. The regulations themselves state the legal basis for using such powers, namely "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"; he also certified that the restrictions "are proportionate to what they seek to achieve, which is a public health response to that threat." The regulations came into force immediately they were made, at 2pm on 21 March, and were laid before parliament two days later, on 23 March. The Secretary of State used section 45R of the Public Health (Control of Disease) Act 1984 to enact the regulations immediately subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.

Scope and review

The regulations (which applied in England only), imposed restrictions during the "relevant period" which was defined as the period between 2pm on 21 March 2020 and such ending date as the Secretary of State may later specify. He was required to review the regulations at least every 28 days, and to terminate the period if he considered the restrictions to be no longer necessary.

Business closures

Businesses selling food or drink for consumption on the premises (including restaurants, cafes, bars and pubs) were required to close immediately – even where such premises included an adjacent (e.g. outdoor) seating area. Hotels were, however, allowed to continue to provide food to guests via room service. Specific businesses set out in a list were also required to close, namely: cinemas, theatres, nightclubs, bingo halls, concert halls, museums and galleries, casinos, betting shops, spas and massage parlours; as well as indoor leisure centres including fitness studios, gyms, swimming pools and skating rinks.

Offences and enforcement

Contravention of the regulation without reasonable excuse was a criminal offence, punishable on summary conviction by a fine.

Expiry and revocation

The regulations were set to automatically expire after six months, but in the event were revoked only five days after they came into force, on 26 March 2021.

References

Bibliography

* * {{COVID-19 pandemic in the United Kingdom, Crown Dependencies and British Overseas Territories Statutory Instruments of the United Kingdom 2020 in England COVID-19 pandemic in England Public health in the United Kingdom 2020 in British law Law associated with the COVID-19 pandemic in the United Kingdom