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.

On a practical note, is there anything people can do when incorrectly hindered or challenged by the police? I mean, it would be pretty risky to ignore them and I don't imagine you'd get too far arguing about it?

Politely and briefly explain why you believe you are acting reasonably and not breaking the law. E.g.

'It's not against the law to drive somewhere for exercise, I've only driven a couple of miles and it's far less crowded here than the area directly around my home'

'It's not against the law to travel outside of my postcode / borough / county if I have a reasonable excuse to leave my home. This is my nearest supermarket and I need to buy food.'

Don't get into an argument with them and don't try citing paragraphs of the law. Even if you know what you're talking about, they won't, because they're PCs not lawyers, and it'll just annoy them.

If that doesn't work, politely ask for their details (names and police numbers) and say you will follow it up later. Then comply with whatever BS they're asking and when you get home, consider putting in a police complaint.

I did this last March over an incident that was not directly related to covid but where the general Judge Dredd atmosphere at the time had definitely gone to their heads. The complaint was partially upheld and the officers got sent on a course.

I'm white though so YMMV.

Thank you @Horizons83, this is much appreciated.

@OhYouBadBadKitten I think Michael Gove said it’s okay to catch your breath on a bench on the Today programme.

Reading that back it sounds ridiculous.

People were told they don't need to travel to the supermarket they wanted to go too.

They were turning people away from traveling to a regulated spot where its easier to sd distance.

We've got people crying out for play parks to be shut because school is shut.

Some of that gives me more freedom to roam than I had under the Tier system. For example I can drive to meet my mum for a walk.

@HecouldLickEm It occurred to me that I wouldn’t necessarily want to have a lengthy chat with the police as that would increase risk! I thought that exercise would be unlimited in the legislation. There was a lady earlier saying she had RA and benefited from regular but not long movement so for her this should help. I don’t want to have a police (or more like neighbour) challenge regardless of this so I will follow the guidance until it’s quietly or loudly changed or dropped, and hope I don’t seize up / put on too much weight. Others I know consider it’s not appropriate for them. It’s not convenient in the winter as it’s good to have a short daytime walk as well as a longer period of exercise, but I can’t do enough exercise in the middle of the day when I have to work. I do other exercise at home too of course, but it’s important to walk or run (weight bearing) for many medical conditions.

@MargeryMcLatchie

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

I'm worried they'll start being silly dicks about people resting on benches during their exercise again. DM is terminally ill and walks outside are one of the main ways she's hanging onto her health and sanity but she can only manage a walk if she can sit and rest every so often.

There's LOADS of stuff in the regs about 'elite athletes', and I do understand why it's important that they keep up their training, but basic outdoor exercise should be available to everybody, even people who are very unfit or very unwell.

@RuleWithAWoodenFoot

Some of that gives me more freedom to roam than I had under the Tier system. For example I can drive to meet my mum for a walk.

You could do that under the Tier system as well. The new legislation takes away some things you could do under old Tier 4. It doesn't provide any additional freedoms.

DH and I were discussing this earlier and I'm glad it's been clarified that you can exercise more than once a day. I can't see the difference between him going for an hour walk on his own or half an hour on his own and half an hour with me.

I remember us discussing whether or not he could clear out the garage during the first lockdown as it's not on our property (it's across a service road behind the house). I do not want to descend to that again!

Thanks OP, this is so useful. I follow Adam on Twitter too. I used to be a lawyer so generally happy reading regs and SIs, but it’s so hard when it’s done by reference to a previous piece of legislation! The changes from tier 4 are minimal, and none affect me, but I feel sorry for those (mainly women) juggling childcare and work. Now I just need to get motivated to do my lunchtime walk even when it’s freezing today!

Plus I’m so pleased they didn’t take away the ability to go for a walk with one other - it means I can see my dad who is struggling a lot with becoming a recent carer.

I wish Parliament could debate and vote on amendments to this. Other than who should close, too many loopholes in my opinion.

Simple changes could be adopting the Belgian notion that to get to exercise means walking or cycling (so no going to a National Park by car), and support bubbles being those already established (unless you do not have one already).

I'd restrict hours or close garden centres as well.

Thank you OP. I think it's really important to be clear on the law.

@PilatesPeach

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.

@PilatesPeach

Gosh that's shocking. I hope the relevant police force is disciplined

@Iremembertheelderlykoreanlady

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?

The new regs mostly amend The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 which says:

“vulnerable person” includes —

(a) any person aged 70 or older;

(b) any person aged under 70 who has an underlying health condition, including (but not limited to) the conditions listed in paragraph (5);

(c) any person who is pregnant.

The conditions listed in paragraph (5) are:

(a) chronic (long-term) respiratory diseases, such as asthma, chronic obstructive pulmonary disease, emphysema or bronchitis;

(b) chronic heart disease, such as heart failure;

(c) chronic kidney disease;

(d) chronic liver disease, such as hepatitis;

(e) chronic neurological conditions, such as Parkinson's disease, motor neurone disease, multiple sclerosis, a learning disability or cerebral palsy;

(f) diabetes;

(g) problems with the spleen, such as sickle cell disease or removal of the spleen;

(h) a weakened immune system as a result of conditions such as HIV and AIDS, or medicines such as steroid tablets or chemotherapy;

(i) being seriously overweight with a body mass index of 40 or above.

If your dad's on chemo then he comfortably qualifies under (h) but more importantly this is a non-exhaustive list so nobody should worry if they're providing support or care to someone who is vulnerable but who doesn't fit in any of the above categories.

This is helpful, thanks. A little confused on one thing though, read Adam’s thread too... I might be missing something but I disagree that outdoor recreation isn’t allowed - seems to still be in there with no amendments? If anyone could clarify that would be great?

Also:

adults with pre-existing mental health conditions appear to be at greater risk of death and hospitalisation from COVID-19 than the general population, but at lower risk than some other high-risk groups

one mental health trust has also reported a rise in non-COVID-19 related deaths among people who are, or have been in contact with their services, relative to the same period last year

www.gov.uk/government/publications/covid-19-mental-health-and-wellbeing-surveillance-spotlights/pre-existing-mental-health-conditions-spotlight#main-findings

People with mental health conditions are most definitely vulnerable.

I'll probably get flamed, but surely the whole idea of a lockdown is to stop transmission and save lives etc, not for individuals to try to look for loopholes so they can bend the rules for their own personal circumstances? Unless you absolutely have to leave your house- don't.
So many people saying that the rules can be interpreted so I can still do this, or that, and it doesn't apply to me. Grrr no wonder we're in the state we're in.

So many people saying that the rules can be interpreted so I can still do this, or that, and it doesn't apply to me

When someone in authority (under Subsection whatever of the regulations) fines you for exercising twice a day, then that fine is incorrect.

It's not a loophole. It's the law.

@Chelsea567

I'll probably get flamed, but surely the whole idea of a lockdown is to stop transmission and save lives etc, not for individuals to try to look for loopholes so they can bend the rules for their own personal circumstances? Unless you absolutely have to leave your house- don't. So many people saying that the rules can be interpreted so I can still do this, or that, and it doesn't apply to me. Grrr no wonder we're in the state we're in.

No, it's simply not inventing fictitious laws and then sticking to them as a form of self-flagellation. And trying to beat others into doing the same.

There's a difference between guidance and law. Eating five a day is guidance, for example. Same as exercising locally only once a day is guidance. Not eating five a day isn't bending the rules, it's choosing not to follow guidance.

@Chelsea567

I'll probably get flamed, but surely the whole idea of a lockdown is to stop transmission and save lives etc, not for individuals to try to look for loopholes so they can bend the rules for their own personal circumstances? Unless you absolutely have to leave your house- don't. So many people saying that the rules can be interpreted so I can still do this, or that, and it doesn't apply to me. Grrr no wonder we're in the state we're in.

But if everyone just sits in their homes other problems arise.

It is perfectly possible to take steps to avoid catching Covid as far as possible, such as SD, avoiding crowds, spending miminum time indoors and wearing a mask in public indoor places.

But it is also important to get out of the house, expand the lungs, breath fresh air, move about, get daylight on the skin, see other humans, even at a distance and so on, in order to maintain physical and mental health. We need to do normal activities from time to time, to keep us in touch with reality, especially in these strange times. We also need little treats, perhaps a takeaway.

Other conditions can afflict us besides Covid. There's a balance between the risks.

@beachdays123

This is helpful, thanks. A little confused on one thing though, read Adam’s thread too... I might be missing something but I disagree that outdoor recreation isn’t allowed - seems to still be in there with no amendments? If anyone could clarify that would be great?

The Tier 4 rules permitted you to meet with one other person in an outdoor public place for exercise or recreation. The new lockdown rules only allow you to meet for exercise and not for recreation.

They don't want people just hanging around outdoors for fun. That's fair enough, we should all be staying in as much as possible if we want to ever see an end to this shitfest.

I would like there to be an additional exception for those who are physically unable to exercise so they're still allowed a decent amount of fresh air and outdoor daylight each day. I'm sure this is allowed but it hasn't been made explicit in the legislation and there are loads of people who can't go for a walk, run or cycle but whose health would nevertheless be vastly improved by being allowed regular access to daylight and fresh air.

@PilatesPeach

Did you see the other thread where that notice was taken down in Farringdon?

Recreation

Unless I am missing something?

(d)to visit a public outdoor place for the purposes of open air recreation—
(i)alone,
(ii)with—
(aa)one or more members of their household, their linked household, or
(bb)where [F131open air recreation] is being taken as part of providing informal childcare for a child aged 13 or under, one or more members of their linked childcare household, or
(iii)with one other person who is not a member of their household or their linked household,

I couldn't see anything in the new guidance regarding clinically vulnerable (not ECV), would you mind sharing the link where you found the bits you posted?