The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021

Jurisdiction: England

Commencement: 29 March 2021

Mini Summary

These Regulations impose a new framework to suppress the Coronavirus (COVID-19) outbreak across England. The framework introduces 3 ‘Steps’ (Step 1 to Step 3) to implement gradual relaxations on individuals and businesses.

Summary

These Regulations are designed to protect public health by preventing the spread of Coronavirus (COVID-19).

These Regulations impose a new framework to suppress the Coronavirus (COVID-19) outbreak across England. The framework introduces 3 ‘Steps’ (Step 1 to Step 3) to implement gradual relaxations on individuals and businesses. Step 1 areas contain the highest level of restrictions and Step 3 contains the least amount of restrictions.

There are separate and different regulations in Scotland, Wales and Northern Ireland.

Step 1 restrictions include:

• participation in and organising of gatherings (applies to indoor and outdoor gatherings);
• closure of businesses (including holiday accommodation); and
• restrictions on service of food and drink for consumption on the premises.

Step 2 restrictions include:

• participation in and organising of gatherings (applies to indoor and outdoor gatherings);
• closure of businesses (including holiday accommodation); and
• restrictions on service of food and drink for consumption on the premises.

Step 3 restrictions include:

• participation in and organising of gatherings (applies to indoor and outdoor gatherings);
• closure of businesses; and
• restrictions on service of food and drink for consumption on the premises.

These Regulations came into force on 29th March 2021 and expire on 30th June 2021.

Currently, every area within England is in a Step 2 area and must adhere to the Step 2 restrictions.

Duties

The Secretary of State must review whether each area that is part of a Step 1, 2 or 3 area should continue to be part of that area at least once every 35 days, starting on 12th April 2021.

Permitted organised gatherings

A gathering is a ‘permitted organised gathering’ if:

• the organiser takes the required precautions*; and
• it takes place on or at premises, other than a private dwelling, that is operated by a business, a charitable, benevolent or philanthropic institution or a public body.

*The gathering organiser/manager in relation to a gathering takes the required precautions for the purposes of these Regulations by meeting both of the following requirements:

• the gathering organiser or manager has carried out a risk assessment and
• the gathering organiser or manager has taken all reasonable measures to limit the risk of transmission of Coronavirus, taking into account:
  • the risk assessment, and
  • any guidance issued by the Government which is relevant to the gathering.

Step restrictions

The level of restriction and the effect of these on businesses and individuals depends on which specific Step an area is placed under. The following sections explain the Step area system implemented in England.

Step 1 areas

Participating in and organising of gatherings

No person may participate in an indoor gathering in a Step 1 area which consists of more than 2 people.

No person may participate in an outdoor gathering in a Step 1 area which consists of more than 6 people.

No person may hold, or be involved in the holding of, a relevant gathering* in the Step 1 area.

*A relevant gathering is a gathering:

• consisting of more than 30 people;
• taking place:
  • indoors;
  • in a private dwelling;
  • on a vessel; or
  • on land which is operated by a business or a charitable, benevolent or philanthropic institution; and
• where amplified music is played during the night and is likely to cause serious distress to the inhabitants of the locality.

Exceptions
There are a number of exceptions to the above restrictions, which can be found under:

• paragraph 4 of Schedule 1 (general exceptions relating to gatherings indoors and outdoors);
• paragraph 5 of Schedule 1 (for indoor gatherings only); and
• paragraph 6 of Schedule 1 (for outdoor gatherings only).

Closure and restrictions on businesses

A person responsible for carrying on a restricted business in a Step 1 area must cease to carry on that business or service. The restrictions apply to the following businesses and services:

• nightclubs;
• dance halls;
• discotheques;
• any other venue which:
  • opens at night;
  • has a dance floor or other space for dancing by members of the public; or
  • provides music, whether live or recorded, for dancing;
• sexual entertainment venues;
• hostess bars;
• any business which provides, (for payment or otherwise):
  • a waterpipe to be used for the consumption of tobacco or any other substance on the premises; or
  • a device to be used for the recreational inhalation of nicotine or any other substance on the premises.
• restaurants, including restaurants and dining rooms in hotels or members’ clubs;
• cafes, including workplace canteens, but not including;
  • cafes or canteens at a hospital or care home;
  • cafes or canteens at a school or provider of post-16 education or training;
  • cafes or canteens at a higher education provider, where there is no practical alternative for staff and students at that institution to obtain food or drink, and alcohol is not served for consumption on the premises;
  • canteens at criminal justice accommodation, immigration detention accommodation or an establishment intended for use for Her Majesty’s armed forces or for use for the purposes of the Department of the Secretary of State responsible for defence;
  • workplace canteens where there is no practical alternative for staff at that workplace to obtain food or drink and alcohol is not served for consumption on the premises; or
  • services providing food or drink to the homeless.
• bars, including bars in hotels or members’ clubs;
• public houses;
• businesses providing food or drink prepared on the premises for immediate consumption off the premises, but not including:
  • supermarkets;
  • convenience stores, corner shops and newsagents;
  • pharmacists and chemists; or
  • petrol stations.
• social clubs;
• dance studios;
• fitness studios;
• gyms;
• sports courts;
• swimming pools;
• riding arenas;
• indoor play areas and indoor play centres, including soft play centres and soft play areas, trampoline parks and inflatable parks;
• other indoor leisure centres or facilities, including laser quest and escape rooms, snooker and pool halls, indoor games, recreation and entertainment venues;
• casinos;
• bingo halls;
• bowling alleys;
• amusement arcades, including adult gaming centres;
• cinemas;
• theatres;
• concert halls;
• skating rinks;
• circuses;
• water parks and aqua parks;
• theme parks, fairgrounds and funfairs;
• adventure parks and activities;
• aquariums and zoos, including safari parks;
• animal attractions at farms, wildlife centres and any other place where animals are exhibited to the public as an attraction;
• model villages;
• kitchen, bathroom, tile and glazing showrooms;
• museums and galleries;
• sculpture parks;
• landmarks, including observation wheels or viewing platforms;
• botanical or other gardens, biomes or greenhouses;
• stately or historic homes, castles or other heritage sites;
• visitor attractions at film studios;
• conference centres and exhibition halls;
• betting shops;
• spas;
• tanning salons;
• nail salons, beauty salons, hair salons and barbers;
• massage centres;
• tattoo and piercing studios;
• carpet stores;
• showrooms and other premises, including outdoor areas, used for the sale of caravans, boats or any vehicle which can be propelled by mechanical means;
• car washes (except for automatic car washes);
• auction houses (except for auctions of livestock or agricultural equipment);
• markets (except for livestock markets, stalls selling food and any other retailer listed in paragraph 15); and
• retail travel agents.

Exceptions
Individuals responsible for carrying on a restricted business or providing a restricted service (the closed business) may:

• carry on a business/service which is not restricted, in premises which are separate from the premises used for the closed business;
• carry on a business of offering goods for sale or for hire by making deliveries or otherwise providing services in response to orders received:
  • through a website, or online communication;
  • by telephone, including text message; or
  • by post.

The person collecting purchased goods must not enter inside the premises to collect the goods.

A person responsible for providing library services in a Step 1 area may open the library premises for the purposes of:

• support groups;
• childcare;
• education or training;
• providing essential voluntary services or public support services, including digital access to public services, the provision of food bank or other support for the homeless or vulnerable people, blood donation services or support in an emergency; or
• voting, counting of votes or activities ancillary to voting or the counting of votes in an election or referendum.

These restrictions do not prevent any business from:

• continuing to provide hot or cold food for consumption off the premises; or
• continuing to provide goods or services to the homeless; or
• carrying on for the purposes of making a film, television programme, audio programme or audio-visual advertisement.

A person who is responsible for a restricted business in a Step 1 area must ensure that the business is closed except where it is used for the purposes of:

• the provision of essential voluntary activities or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency);
• education or training;
• support groups;
• childcare;
• weddings, funerals and commemorative events to celebrate the life of a person who has died; or
• the purposes of worship.

Businesses allowed to remain open in a Step 1 area

The businesses that may remain open in a Step 1 area are:

• food retailers, including food markets, supermarkets, convenience stores and corner shops;
• off licenses and licensed shops selling alcohol (including breweries);
• pharmacies (including non-dispensing pharmacies) and chemists;
• newsagents;
• animal rescue centres and animal boarding facilities;
• building merchants and suppliers of products and tools used in building work and repairs;
• petrol stations;
• vehicle repair and MOT services;
• bicycle shops;
• taxi or vehicle hire businesses;
• banks;
• building societies;
• credit unions;
• short term loan providers;
• savings clubs;
• cash points;
• post offices;
• funeral directors;
• laundrettes and dry cleaners;
• dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services (including services which incorporate personal care services and treatments required by those with disabilities and services relating to mental health);
• veterinary surgeons and pet shops;
• agricultural supplies shops;
• storage and distribution facilities, including delivery drop off or collection points, where the facilities are in the premises of a business included in this paragraph;
• car parks;
• public toilets;
• garden centres;
• automatic car washes; and
• mobility and disability support shops.

Restrictions on service of food and drink for consumption on the premises

A person responsible for carrying on a restricted business / restricted service in a Step 1 area must follow the restrictions set out under paragraph 9 of Schedule 1.

Exceptions to these restrictions are outlined under paragraph 10 of Schedule 1.

Closure of holiday accommodation

A person responsible for carrying on holiday accommodation in a Step 1 area must cease to carry on that business. Exceptions to these restrictions can be found under paragraph 12 of Schedule 1.

Step 2 areas

Participating in and organising of gatherings

No person may participate in an indoor gathering in a Step 2 area which consists of more than 2 people.

No person may participate in an outdoor gathering in a Step 2 area which consists of more than 6 people.

No person may hold, or be involved in the holding of a relevant gathering* in the Step 2 area.

*A relevant gathering is a gathering:

• consisting of more than 30 people;
• taking place:
  • indoors;
  • in a private dwelling;
  • on a vessel; or
  • on land which is operated by a business or a charitable, benevolent or philanthropic institution; and
• where amplified music is played during the night and is likely to cause serious distress to the inhabitants of the locality.

Exceptions
There are a number of exceptions to the above restrictions, which can be found under:

• paragraph 4 of Schedule 2 (general exceptions relating to gatherings indoors and outdoors);
• paragraph 5 of Schedule 2 (for indoor gatherings only); and
• paragraph 6 of Schedule 2 (for outdoor gatherings only).

Closure and restrictions on businesses

A person responsible for carrying on a restricted business in a Step 2 area must cease to carry on that business or service. The restrictions apply to the following businesses and services:

• nightclubs;
• dance halls;
• discotheques;
• any other venue which:
  • opens at night;
  • has a dance floor or other space for dancing by members of the public; or
  • provides music, whether live or recorded, for dancing;
• sexual entertainment venues;
• hostess bars;
• any business which provides, (for payment or otherwise):
  • a waterpipe to be used for the consumption of tobacco or any other substance on the premises; or
  • a device to be used for the recreational inhalation of nicotine or any other substance on the premises.
• restaurants, including restaurants and dining rooms in hotels or members’ clubs;
• cafes, including workplace canteens, but not including;
  • cafes or canteens at a hospital or care home;
  • cafes or canteens at a school or a provider of post-16 education or training;
  • cafes or canteens at a higher education provider, where there is no practical alternative for staff and students at that institution to obtain food or drink, and alcohol is not served for consumption on the premises;
  • canteens at criminal justice accommodation, immigration detention accommodation or an establishment intended for use for Her Majesty’s armed forces or for use for the purposes of the Department of the Secretary of State responsible for defence;
  • workplace canteens where there is no practical alternative for staff at that workplace to obtain food or drink and alcohol is not served for consumption on the premises; or
  • services providing food or drink to the homeless.
• bars, including bars in hotels or members’ clubs;
• public houses;
• social clubs;
• indoor play areas and indoor play centres, including soft play centres, soft play areas, trampoline parks and inflatable parks;
• casinos;
• bingo halls;
• bowling alleys;
• snooker and pool halls;
• amusement arcades and adult gaming centres;
• indoor games and recreation venues, including laser quest, escape rooms, paintballing and recreational driving facilities;
• cinemas, except drive-in cinemas;
• theatres, except drive in theatres;
• concert halls;
• indoor skating rinks;
• circuses, except drive in circuses;
• indoor attractions at:
  • water parks and aqua parks;
  • theme parks, fairgrounds and funfairs;
  • adventure parks and activities;
  • aquariums and zoos, including safari parks;
  • animal attractions at farms, wildlife centres and any other place where animals are exhibited to the public as an attraction;
  • botanical or other gardens, biomes or greenhouses;
  • stately or historic homes, castles or other heritage sites;
  • museums and galleries but not including retail galleries where the majority of the art on display is for sale;
  • sculpture parks;
  • landmarks, including observation wheels or viewing platforms;
  • model villages;
  • visitor attractions at film studios;
• conference centres and exhibition halls; and
• saunas and steam rooms.

Exceptions
Individuals responsible for carrying on a restricted business or providing a restricted service (the closed business) may:

• carry on a business / service which is not restricted, in premises which are separate from the premises used for the closed business;
• carry on a business of offering goods for sale or for hire by making deliveries or otherwise providing services in response to orders received:
  • through a website, or online communication;
  • by telephone, including text message; or
  • by post.
• provide essential voluntary services or public support services, including digital access to public services, the provision of food bank or other support for the homeless or vulnerable people, blood donation services or support in an emergency; or
• provide voting, counting of votes or activities ancillary to voting or the counting of votes in an election or referendum.

Restrictions on service of food and drink for consumption on the premises

A person responsible for carrying on a restricted business / restricted service in a Step 2 area must follow the restrictions set out under paragraph 9 of Schedule 2.

Exceptions to these restrictions are also outlined under paragraph 10 of Schedule 2.

Closure of holiday accommodation

A person responsible for carrying on holiday accommodation in a Step 2 area must cease to carry on that business. Exceptions to these restrictions can be found under paragraph 12 of Schedule 2.

 

Step 3 areas

Participating in and organising of gatherings

No person may participate in an indoor gathering in a Step 3 area which consists of more than 6 people.

No person may participate in an outdoor gathering in a Step 3 area which consists of more than 30 people.

No person may hold, or be involved in the holding of, a relevant gathering* in the Step 3 area.

*A relevant gathering is a gathering:

• consisting of more than 30 people;
• taking place:
  • indoors;
  • in a private dwelling;
  • on a vessel; or
  • on land which is operated by a business or a charitable, benevolent or philanthropic institution; and
• where amplified music is played during the night and is likely to cause serious distress to the inhabitants of the locality.

Exceptions
There are a number of exceptions to the above restrictions, which can be found under:

• paragraph 3 of Schedule 3 (general exceptions relating to gatherings indoors and outdoors);
• paragraph 4 of Schedule 3 (for indoor gatherings only); and
• paragraph 5 of Schedule 3 (for outdoor gatherings only).

Closure and restrictions on businesses

A person responsible for carrying on a restricted business in a Step 3 area must cease to carry on that business or service. The restrictions apply to the following businesses and services:

• nightclubs;
• dance halls;
• discotheques;
• any other venue which:
  • opens at night;
  • has a dance floor or other space for dancing by members of the public; or
  • provides music, whether live or recorded, for dancing;
• sexual entertainment venues;
• hostess bars;
• any business which provides, (for payment or otherwise):
  • a waterpipe to be used for the consumption of tobacco or any other substance on the premises; or
  • a device to be used for the recreational inhalation of nicotine or any other substance on the premises.
• restaurants, including restaurants and dining rooms in hotels or members’ clubs;
• cafes, including workplace canteens, but not including;
  • cafes or canteens at a hospital or care home;
  • cafes or canteens at a school or a provider of post-16 education or training;
  • cafes or canteens at a higher education provider, where there is no practical alternative for staff and students at that institution to obtain food or drink, and alcohol is not served for consumption on the premises;
  • canteens at criminal justice accommodation, immigration detention accommodation or an establishment intended for use for Her Majesty’s armed forces or for use for the purposes of the Department of the Secretary of State responsible for defence; or
  • services providing food or drink to the homeless.
• bars, including bars in hotels or members’ clubs;
• public houses;
• social clubs; and
• casinos.

Exceptions
Individuals responsible for carrying on a restricted business or providing a restricted service (the closed business) may:

• carry on a business/service which is not restricted, in premises which are separate from the premises used for the closed business;
• carry on a business of offering goods for sale or for hire by making deliveries or otherwise providing services in response to orders received:
  • through a website, or online communication;
  • by telephone, including text message; or
  • by post.
• provide essential voluntary services or public support services, including digital access to public services, the provision of food bank or other support for the homeless or vulnerable people, blood donation services or support in an emergency; or
• provide voting, counting of votes or activities ancillary to voting or the counting of votes in an election or referendum.

Restrictions on service of food and drink for consumption on the premises

A person responsible for carrying on a restricted business / restricted service in a Step 3 area may sell food and / or drink for consumption on the premises only if:

• the food or drink is ordered by, and served to a customer who is seated on the premises; and
• the responsible person takes all reasonable steps to ensure that the customer remains seated whilst consuming the food and/or drink on the premises.

Enforcement

Enforcement powers are provided to police constables and other people designated by the Department of Health.

Enforcement powers include:

• serving a Prohibition Notice;
• directing a person to return home and/or take a child home or to ensure the child complies with the restrictions;
• taking a person back to their home (using reasonable force if necessary);
• directing a gathering to disperse; and
• removing an individual from a gathering and returning them to the place where they live (using reasonable force if necessary) if the relevant person is a constable.

These powers should only be used where they are necessary and proportionate.

Offences

Any person who contravenes duties under these Regulations or fails (without reasonable excuse) to comply with any direction from a person with enforcement powers is guilty of an offence punishable by a fine.

If a company commits an offence due to the consent, connivance or neglect of a director, manager, secretary or another officer of that company, that person is also guilty of an offence.

The amount of a fixed penalty notice for individuals ranges from £100 for a first incident of receiving a notice, up to a maximum of £6,400 for repeated infringements. The amount of a fixed penalty notice for businesses or organisers ranges from £1,000 for a first incident of receiving a notice, up to a maximum of £10,000 for repeated infringements.

 

 

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