New English COVID legislation published

[Horizons83]

The new English legislation has just been published, so I thought it would be useful to summarise what the law actually says, rather than the guidance.

Please do not take this as an endorsement to disregard the guidance… but I do think it’s important that people understand when they are breaking the law and when they are merely not following guidance.

I’ve seen posts (not necessarily on MN) from people who refused to bubble up with a lonely relative over Christmas because they lived in a different tier from them, people who decided they could not go to the supermarket they could see from their window because the county boundary was in between – all of which were legally permissible under the Tier system.

The legislation is here:

www.legislation.gov.uk/uksi/2021/8/contents/made

Basically, it tweaks the Tier 4 legislation and states that all of England is now Tier 4.

This is not a definitive list of the rules, but ones that I’ve been able to highlight from a quick review. It is for the general public only – employers obviously may have their own rules, or certain sectors will have other legislation they must adhere to.

Support bubbles

Support bubbles still exist in the same way as before.

Should you be in a support bubble this means that you are in effect treated as one household, living under one roof. You can therefore do anything you would do as one household. You do not need to stay in your local area to travel between each other’s houses – you could be opposite ends of England and still be able to travel to each other. You can stay overnight in each other’s houses.

Exercise

There is NO legal requirement to only exercise once per day. There is NO legal requirement to limit this to one hour.

There is NO legal requirement to only exercise within walking distance of your home. There is NO legal reason why you cannot drive across county lines to do that exercise.

You are only allowed to meet up with one other individual from outside your household or support bubble, and the reason must be for exercise in an outdoor space. However, children under the age of 5 DO NOT COUNT – so a parent and toddler can still meet up with one other parent and toddler to exercise.

Other reasons to leave home

The following are all permissible reasons to leave home . In every case there is NO legal requirement to only do those things if they are within your village/town/county. If your hospital appointment is in London and you live in Birmingham, that is absolutely fine to attend. If your local supermarket is in the next county, you can use it.

Work – where the work cannot be done from home. The work itself does not need to be deemed ‘essential’.

Voluntary services – these are still allowed, where they cannot be done from home.

Shopping for food and other goods – this is also permitted if you are doing it on behalf of a vulnerable person, or someone who is self isolating. There is no restriction on what goods you buy, they do not have to be deemed essential goods. Rather, if the shop selling the goods is legally allowed to be open, you can purchase from it.

Care of a vulnerable person – for example, elderly relatives who you cannot form a bubble with. It is perfectly legal to stay overnight with them.

Taking a child to their other parent’s house.

Attending to animal welfare.

Attending medical appointments and visiting family or close friends in hospital.

Attending other legally required appointments such as passport and visa services.

Social distancing

The requirement to keep 2 metres away from others not in your household or support bubble is NOT in the law, and as far as I am aware never has been. Of course, it’s very sensible to follow this guidance, but no-one is going to be arrested if they get too close to another person.

I hope that is helpful.

Very helpful!

Very helpful indeed. Thank you Horizons83.

That is incredibly helpful thank you

Thank you for your summary! I know that will be so helpful for many people.

I read a legal expert on Twitter ( @adamwagner1 - Barrister and Professor of Law at Goldsmiths ) who noted that while you can exercise outdoors, they have removed the clause about "outdoor recreation" which would presumably imply you can't sit or loiter outside. I can't link to his thread but it's really informative

However, children under the age of 5 DO NOT COUNT – so a parent and toddler can still meet up with one other parent and toddler to exercise.

Where have you found this? I was sure the newsreader said it yesterday but couldn't find it in writing. I've had a brief look at the link but am on my phone and bouncing a fretful baby so may have missed it. What page?

That’s exactly right, they have removed outdoor recreation: it must now be exercise.

It’s also worth bearing in mind that all of the reasons to leave home must be “reasonably necessary”: if you have left home 7 times in one day to exercise i think it would be fair for the authorities to argue that the 8th time is not reasonably necessary. But there is certainly no requirement to keep it to an hour, only so it in walking distance from your house, only once a day etc.

Care of a vulnerable person – for example, elderly relatives who you cannot form a bubble with. It is perfectly legal to stay overnight with them.

Do you think this may apply to caring for someone's mental health too?

I'm not one for picking apart the rules to suit my own ends. But my dad has advanced cancer and is on his 4th month of chemo. It was ok before because he was still going for walks but he is too tired to do that at the moment.

Surely if his mental health is suffering (and my mum who lives with him) having me pop over for a coffee on the drive would be ok?

helpful yes however this notice was left on a car by the Thames - the owner had driven 2 miles for a run by the river.

@TopBants: cooking dinner right now but will find it for you later. It’s definitely in there as that was the one crucial part I needed to verify before planning a walk with my baby and my dad!

[quote Horizons83]@TopBants: cooking dinner right now but will find it for you later. It’s definitely in there as that was the one crucial part I needed to verify before planning a walk with my baby and my dad![/quote]
Super, thanks. I am in a similar predicament!

@PilatesPeach. But you will notice it’s just a polite request, they can’t fine you.

You also can leave you home if you are at risk of harm. If you are enduring domestic abuse YOU CAN leave your home.

Thanks for this, it really needs to be a pinned post on MN

That is not the point and I would say it is debatable as to whether it is polite. It is in fact incorrect and- plenty of people would be anxious to find this on their vehicle particularly as the guidance which will be enacted does not limit exercise to once a day nor does it say it must be done from home so the notice is not accurate and the legislation does not come into force until tomorrow in any event.

Thanks very much op - really helpful.

Absolutely agree with you, the police are simply wrong. Which was one of the reasons I wanted to create my post.

@PilatesPeach

That is not the point and I would say it is debatable as to whether it is polite. It is in fact incorrect and- plenty of people would be anxious to find this on their vehicle particularly as the guidance which will be enacted does not limit exercise to once a day nor does it say it must be done from home so the notice is not accurate and the legislation does not come into force until tomorrow in any event.

Complain?

Thank you @Horizons83 That's really useful.

mobile.twitter.com/AdamWagner1/status/1346513665193873412 link to Adam's thread

I love this post, but unfortunately most people in RL won't be aware of this and people will froth at those who may take 90 mins for a run or dare drive 20 mins to the cheaper supermarket rather than buy from the expensive shop 10 min walk away.

We need this somewhere that's easy to share etc, a meme or something.

@TopBants

However, children under the age of 5 DO NOT COUNT – so a parent and toddler can still meet up with one other parent and toddler to exercise.

Where have you found this? I was sure the newsreader said it yesterday but couldn't find it in writing. I've had a brief look at the link but am on my phone and bouncing a fretful baby so may have missed it. What page?

It is in sections 2(2) and 2(3) of Schedule 3A of The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020.

Link to those Regs is here www.legislation.gov.uk/uksi/2020/1374

I have picked out the relevant excerpts:

Restrictions on leaving home

1.—(1) No person who lives in the Tier 4 area may leave or be outside of the place where they are living without reasonable excuse.

(2) For the purposes of sub-paragraph (1)—

(a)the circumstances in which a person has a reasonable excuse include where one of the exceptions set out in paragraph 2 applies;

[....]

Exceptions: leaving home
2.—(1) These are the exceptions referred to in paragraph 1.

Exception 1: leaving home necessary for certain purposes

(2) Exception 1 is that it is reasonably necessary for the person concerned (“P”) to leave or be outside the place where P is living (“P’s home”)—

[...]
(c) to take exercise outside—

[...]

(iii) in a public outdoor place, with one other person who is not a member of their household, their linked household or their linked childcare household,and sub-paragraph (3) applies in determining whether a person is complying with the limits in this sub-paragraph;

[...]

(d) to visit a public outdoor place for the purposes of open air recreation—

[...]

(iii) with one other person who is not a member of their household or their linked household,

(3) For the purposes of determining whether a person is complying with the limits in—

[...]

(b) sub-paragraph (2)(c)(iii) and (d)(iii), no account is to be taken of a carer or a child below the age of five,
provided that, in either case, there are no more than two people present in the capacity of carer.

Thanks @Bumpsadaisie.

Do you read that as meaning you could in fact meet up in a slightly larger group? For example me, my husband, my 1 year old baby and my dad from another household (not in my bubble?)

Only one person per household can meet up, but that legislation excludes the child and their carer. So my baby is excluded, I am excluded as her carer, leaving my husband and dad as the two people meeting up.

Before anyone starts frothing we won’t do this, my husband is too afraid of the curtain twitchers, but I’m curious as to whether I’ve got that right from an academic point of view.

@Iremembertheelderlykoreanlady

Unfortunately that’s the kind of area which is open to interpretation. I am sure I’ve seen in guidance that mental health can also make someone a vulnerable person. However if You were issued with a notice it would then come down to the interpretation, if your father isn’t deemed vulnerable then you left the house without reasonable excuse.

Personally I am in a similar situation.. my dad lives alone (but not in a bubble with me) and has just been diagnosed with cancer. I hesitate to go into his house , not only for risk of infection but also due to the law, so have decided it’s walks only for now.

In your case I would probably go and have that coffee.

I think it's a typo I think it should say "carer OF a child under five"?