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.