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Original poster

Is the stay at home order actually law?

151 replies

Minaun · 19/12/2020 17:01

As per the title. Having a heated discussion at the moment. Is this the law or just advisory?
Thank you.

OP posts:
southeastdweller · 19/12/2020 18:54

@SingANewSongChickenTikka

Really? You think most people care about an unenforceable stupid law, with lockdown fatigue kicking in?

Yes, somewhere between 70 & 80% according to the most recent research. Of course those that won’t (or at least will say they won’t) often shout the loudest, especially within their own echo chambers.

Which research is this? And I’m talking about today’s news, about this new useless law that will come into effect next week.
burleycha55i5 · 19/12/2020 19:07

There have been swinging provisions brought in over the last months to allow the government to put in place laws, not just guidance, at short notice if the need arises. That is one of the reason why some parties have been kicking up about the current emergency leading to a possible longer term infringement of civil liberties....but that's another story.

To be honest even if it's just guidance and even if I think I won't be stopped by armed police and thrown into the clinker if I venture out, I won't be doing so now as something very serious is clearly going on and I want to remain safe, and I don't want to put others at risk either.

It will just be the two of us now for Christmas and good luck to the rest of you. Given some of the messages on here tonight I'll be in no hurry to go out more than absolutely necessary in Jan or Feb either while the new strain macerates through those who couldn't bear to just do what was for the greater good because >>>they've had a tough year/why shouldn't they/who cares about these "stupid" laws/it's unenforceable anyway/etc etc etc

Original poster
Minaun · 19/12/2020 19:14

Thank you all.

I am devastated for what this means for my family.

But we have obeyed the rules since last March, and we will continue to do so now.

It's beyond frustrating that those who have never cared about the right thing to do will continue to do what they want, and have ruined it for everyone else.

OP posts:
southeastdweller · 19/12/2020 19:19

@Minaun

Thank you all.

I am devastated for what this means for my family.

But we have obeyed the rules since last March, and we will continue to do so now.

It's beyond frustrating that those who have never cared about the right thing to do will continue to do what they want, and have ruined it for everyone else.

The government have nothing to do with it then?
BamboozledandBefuddled · 19/12/2020 19:27

@GrishainDisguise

Be careful, because for instance your car insurance will be invalid if you have an accident and it was not an essential journey. There can be many other instances where it matters if the stay at home order is law.
This has been doing the rounds since first lockdown. It wasn't true then and it isn't true now.
ForestNymph · 19/12/2020 19:28

Unsure how it can be "law" when there's no mandate, precedent, parliamentary decision making etc. Unless we truly are in a dictatorship.

Purpler5 · 19/12/2020 19:28

@blackbearder

Anyone know what exercise is allowed please - ie for how long are you allowed outside.
@blackbearder

AFAIK there are no restrictions on amount of time allowed out for exercise. I’m not convinced there ever was a restriction (only inaccurate comments made by Michael Gove),

naturalyoghurtmuncher · 19/12/2020 19:30

It's law from 1 min past midnight

HainaultViaNewburyPark · 19/12/2020 19:36

It's law from 1 min past midnight

Not unless they update the legislation it isn’t. There is currently no mention of tier 4 (I just checked), and I doubt they have any way of drafting legislation on a Saturday evening (unless this move was planned earlier than they are letting on). The guidelines change from a minute past midnight, but the actual law is slower. The legislation will probably be in place in the first half of next week.

SufferingFromLongLockdown · 19/12/2020 19:37

A twitter post from Adam Wagner , a human rights lawyer who has done an epic join of explaining the covid laws so far. We won't know what the actual law is until tomorrow.

"I understand that the new lockdown law will come into force tomorrow morning, not at midnight, and regulations will be published around the same time.

So don’t expect any detailed threads from me tonight!"

draughtycatflap · 19/12/2020 19:45

It’s gonna be like Easter eggs all over again with the coppers checking your bags for brussels sprout consumption per household.

AiryFairyMum · 19/12/2020 19:53

Why does law or guidance make a difference? And does it matter who is enforcing it? Just do it either way.

Notthemessiah · 19/12/2020 19:59

I think they are being deliberate vague as to what is law and what is just guidance so that most people simply err on the side of caution and treat it all as law. Whether you agree or disagree with that approach depends on your view of how important you believe following the guidance is I guess.

HainaultViaNewburyPark · 19/12/2020 20:06

Guidance isn’t enforceable. Legislation is. The role of the judiciary is to interpret legislation. So even when the law is in force we won’t know exactly where the limits are - court cases decide the way the legislation is interpreted and where the limits lie and in doing so set precedents which are followed in the future. Precedents can be overturned by a higher court, but bind lower courts. The English common law system is endlessly fascinating.

2X4B523P · 19/12/2020 21:24

I would imagine that at this stage it is guidance until the necessary law has been passed by parliament. They have said that this won’t be debated and voted on so as such I can’t see how it could be enforced as a LAW without being passed as a LAW.

user1487194234 · 19/12/2020 21:28

In my opinion it is very important if it is the law or not
The law I will follow to the letter,otherwise not so much

Nordman · 19/12/2020 21:30

It is law. It doesn't need to go through Parliament, it's covered by existing legislation.

SisyphusDad · 19/12/2020 21:33

What? As opposed to merely being sensible?

PinkSparklyPussyCat · 19/12/2020 21:33

@draughtycatflap

It’s gonna be like Easter eggs all over again with the coppers checking your bags for brussels sprout consumption per household.
And posters on here deciding what counts as essential and berating anyone who doesn't follow their version of 'the rules'
HainaultViaNewburyPark · 19/12/2020 21:38

@Nordman - the existing legislation covers tiers 1 to 3. It doesn’t cover tier 4. Therefore until this legislation is amended the guidelines regarding tier 4 are not law.
www.legislation.gov.uk/coronavirus

Suzi888 · 19/12/2020 21:40

Advisory only. Impossible to police.
@HelloDaisy BJ would prefer she didn’t travel, but if it’s a ‘support bubble’ then she can.

MaryLeeOnHigh · 19/12/2020 22:08

It will be law shortly, and it will be fully enforceable.

purplefluffyrug · 19/12/2020 22:14

Does anyone read this as support bubbles no longer allowed to stay overnight?

Is the stay at home order actually law?
DecemberStar · 19/12/2020 22:20

@purplefluffyrug no that's not what that bit means. It means overnight stays not allowed unless you live with them or are in a support bubble with them.