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Jurisdiction: England & Wales
Commencement: 29th September 2022
Amends: Business and Planning Act 2020 (2020 c.16)
Various duties apply.
The expiry date for premises licences, which allow organisations to sell alcohol for consumption off the premises, is extended to 30th September 2023 in England and Wales only.
This amendment has no direct relevance to environmental or occupational health and safety matters.
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Jurisdiction: Northern Ireland
Commencement: 7th July 2021
Amends: The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021
Restrictions on premises that hold an occasional liquor licence are updated to add that a person responsible for operating a business or members’ club must require attendees to obtain tickets in advance.
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Jurisdiction: England
Commencement: 18th July 2021
Amends: The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
The expiry date for these Regulations has been extended to the 27th September 2021.
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Jurisdiction: Northern Ireland
Commencement: 9 April 2021
Amends: New Legislation
These Regulations are designed to protect public health by preventing the spread of Coronavirus (COVID-19).
The Regulations apply to various types of businesses and other organisations that are required to close or restrict their activities. They also apply to individuals, prohibiting people from attending certain types of gatherings, or from entering certain restricted places.
These Regulations apply in Northern Ireland only. There are different Regulations in England, Scotland and Wales. Note that the requirements differ between jurisdictions.
These Regulations came into force on 9th April 2021 and revoke The Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020.
The Regulations impose requirements on various types of businesses and organisations that are required to close in order to restrict the spread of Coronavirus. The requirements are restricted to businesses where significant numbers of people congregate, or where there is a higher risk of transmission of Coronavirus due to close personal contact.
The Regulations give the Department of Health power to issue an order for the closure or partial restriction of specific places. Where this occurs, local authorities or organisations that control restricted places must take reasonable steps to prevent people from entering the restricted place.
Requirement to close businesses and other premises
Persons responsible for the running of businesses or other premises listed in Part 1 of Schedule 1 must close those businesses or other premises.
Exemptions
Essential retail businesses (listed in Part 2 of Schedule 1) are not required to close.
Non-essential retail businesses (those not listed in Part 2 of Schedule 1) may continue to operate via delivery or click and collect services where the order and payment is received via:
Restrictions on the hospitality sector
A person responsible for carrying on a business or a members’ club which sells or provides food or drink (including alcohol) for consumption on the premises must:
Food or drink, not including alcohol, may still be sold for consumption off the premises (e.g. take away food services) where orders are placed between 5:00am and 11:00pm.
Restrictions on off-licence businesses
A person responsible for carrying on a business which sells or provides alcohol for consumption off the premises (but not including a bar, members’ club or public house) may continue to do so between:
Restrictions on indoor gatherings
Indoor gatherings are only permitted if they are attended by no more than 6 persons from no more than 2 households.
Restrictions on outdoor gatherings
Outdoor gatherings are only permitted if they are attended by no more than 10 persons from no more than 2 households.
Exemptions
Exemptions to the restrictions on indoor and outdoor gatherings can be found in regulation 9(4) and regulation 9(5).
Organising a specified event/activity
Organising one of the following events comes with specific requirements:
The person organising the event/activity must complete a risk assessment that satisfies the requirements laid out in The Management of Health and Safety at Work Regulations (Northern Ireland) 2000 and takes all reasonable measures to limit the risk of transmission of Coronavirus by complying with any guidance issued by the Department of Health.
Up to 4 visitors are now allowed into venues hosting wedding/civil partnership ceremonies for the purposes of viewing the facility.
Note the restrictions on gatherings do not apply where it is necessary to avoid injury, illness, escape risk of harm or to provide emergency or medical assistance to any person.
Restrictions on sporting events
Individuals are prohibited from organising, operating or participating in an indoor or outdoor sporting event.
Exemptions to restrictions on sporting events
No person may stay overnight from the place where they or members of their linked household normally live without reasonable excuse. A person may be exempt from this requirement if they have a reasonable excuse, a list of the accepted reasonable excuses can be found in regulation 13(2).
Collection of visitor information
A person responsible for providing close contact services, services listed in regulation 15(1b) or organising a gathering which is a marriage/civil partnership ceremony are required to:
Visitor information must be provided within 24 hours, upon request of a relevant person**.
*Visitor information includes:
** A relevant person is:
A person responsible for operating a close contact service listed in Schedule 2 must stop providing that service. Close contact services may still operate only if one of the following conditions are met:
A person responsible for the organisation or operation of a relevant place* must take reasonable measures to ensure that their representatives, employees and visitors to such a place, comply with social distancing measures at all times.
*A relevant place is:
**Social distancing measures are actions taken for the purpose of minimising the risk of exposure to or spread of Coronavirus (COVID-19).
Social distancing measures require a responsible person to take reasonable steps to ensure:
Where it is not reasonably practicable for a social distance of 2 metres to be maintained, a responsible person should take reasonable steps to ensure that:
The Regulations provide enforcement powers to police constables and other such persons designated by the Department of Health.
Enforcement powers include:
These powers should only be used where they are necessary and proportionate.
Note: A person to whom a premises improvement notice or a prohibition notice is issued may appeal to a court of summary jurisdiction against the notice within 7 days after the day the notice is issued.
These Regulations provide that enforcement officials can serve a fixed penalty notice. The amount of a fixed penalty notice for businesses or organisers of events ranges from £1,000 for a first incident of receiving the notice, up to a maximum of £10,000 for repeated infringements. The Regulations set out procedural rules concerning fixed penalty notices, including the circumstances and processes by which a person who has received a fixed penalty notice can challenge it.
Link to full government text
The following changes to the requirements are made:
Link to full government text – Amendment
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Jurisdiction: England
Commencement: 29 March 2021
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.
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:
Step 2 restrictions include:
Step 3 restrictions include:
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.
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.
A gathering is a ‘permitted organised gathering’ if:
*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 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.
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:
Exceptions
There are a number of exceptions to the above restrictions, which can be found under:
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:
Exceptions
Individuals responsible for carrying on a restricted business or providing a restricted service (the closed business) may:
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:
These restrictions do not prevent any business from:
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 businesses that may remain open in a Step 1 area are:
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.
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.
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:
Exceptions
There are a number of exceptions to the above restrictions, which can be found under:
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:
Exceptions
Individuals responsible for carrying on a restricted business or providing a restricted service (the closed business) may:
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.
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.
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:
Exceptions
There are a number of exceptions to the above restrictions, which can be found under:
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:
Exceptions
Individuals responsible for carrying on a restricted business or providing a restricted service (the closed business) may:
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:
Enforcement powers are provided to police constables and other people designated by the Department of Health.
Enforcement powers include:
These powers should only be used where they are necessary and proportionate.
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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Jurisdiction: England
Commencement: 16th December 2020
Amends: The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020
The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 impose a new framework to suppress the Coronavirus (i.e. COVID-19) outbreaks across England. The framework introduces 4 Tiers (Tier 1 to Tier 4) to implement increasingly tighter restrictions on individuals and businesses.
Multiple areas within the east of England and London have been moved from being classed as Tier 2 areas to being classed as Tier 3 areas.
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Jurisdiction: England
Commencement: 23rd September 2020
Amends:
The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020 require individuals to wear face coverings whilst using public transport in England (i.e. buses, trains, trams, aircraft and water taxis) to protect against the risks to public health arising from Coronavirus (Covid-19).
The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 require individuals to wear face coverings whilst in a relevant place (e.g. shops, shopping centres, banks, post offices etc.) to protect against the risks to public health arising from Coronavirus (Covid-19).
Amendments are made to the definition of “Public transport service” to mean any service for the carriage of passengers from place to place which is available to the general public (whether or not for payment, whether or not all of the places connected by the service are in England, and whether or not there are breaks in the journey) but does not include:
Amendments are also made to correct grammatical errors within the legislation. No duties are changed within this amendment.
Administrative amendments are made to correct grammatical errors throughout the Regulations and to rectify mistakes made in the initial writing of the Regulations.
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Jurisdiction: Wales
Commencement: 26th May 2020
The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020 allow local authorities to give directions relating to premises, events and public outdoor places in their area, restricting the opening and functioning of premises and access of areas / locations for businesses and individuals.
These Regulations are designed to protect public health by preventing the spread of Coronavirus (Covid-19).
The Regulations make provision for local authorities to give directions relating to premises, events and public outdoor places in their area. A direction may only be given if the local authority considers that the public health, necessity and proportionality conditions below are met.
Individuals, businesses and other organisations may have to follow directions to close or restrict their activities.
These Regulations apply in Wales only.
There are separate Regulations in England, Scotland and Northern Ireland. Note that the requirements in other jurisdictions differ, in some cases to a significant degree.
These Regulations came into force on 14th September 2020 and expire on 8th January 2021 unless revoked prior to this date.
Local authorities have the right to give directions concerning individual premises, events or public places, in line with the following conditions:
Welsh Ministers must be made aware of any direction given by a local authority. The local authority must review its decision concerning any direction given, at least once every 7 days.
If on a review of a direction, a local authority considers that the conditions of the direction are no longer met, it must revoke the direction and notify each person on whom it was served.
Before a direction can be given or revoked, a local authority must take into consideration any advice given by the Director of Public Protection and any guidance issued by the Welsh Ministers.
Local authorities can give directions to:
These directions should only impose a prohibition, requirement or restriction on:
Before giving a direction, a local authority must ensure that members of the public have access to essential public services and goods.
A local authority is not allowed to give directions concerning any premises which form part of essential infrastructure.
Local authorities can give directions to:
These directions should only impose a prohibition, requirement or restriction on either:
A person is not involved in organising an event if their only involvement is, or would be, attending that event.
Local authorities can give directions imposing prohibitions, requirements or restrictions concerning access to any public place within its area.
A public place is an outdoor place where the public has access, including:
Please note: A public place does not include access land (land owned by the National Trust) or a public path.
These directions may prohibit access at specified times.
A direction relating to public places, given by a local authority must take reasonable steps to:
Any person, other than a local authority who owns, occupies or is responsible for a premises in a public place, must take steps to prevent or restrict public access to the premises in accordance with the direction.
No person may, without reasonable excuse, enter or remain in a public place, if doing so contravenes a prohibition, requirement or restriction imposed by a direction.
Both the local authority who gave the direction and anyone who owns, occupies or is responsible for land in a public place to which a direction relates to, must take reasonable steps to prevent or restrict public access to the public places.
Following the issue of a direction, no person may enter or remain in a public place where a direction of prohibition, requirement or restriction is imposed, unless they have a reasonable excuse to do so.
A reasonable excuse includes where:
Where a local authority gives a direction which imposes a prohibition, requirement or restriction on a person specified by name, or revokes a direction, the direction or notice of revocation:
Welsh Ministers must consult the Chief Medical Officer for Wales before requiring a local authority to revoke a direction.
Once a local authority has given a direction, it must send a copy of the direction to:
The local authority that issued the direction is also required to publish the direction to bring it to the attention of those who may be affected by it.
If a person receives a direction that imposes a prohibition, requirement or restriction, they can appeal against the direction to a magistrates’ court, by making a complaint to the Welsh Ministers.
The Welsh Ministers must consider the appeal as soon as reasonably practicable and must provide written reasons for the decision to the interested person and the local authority which gave the direction.
Where the relevant authority* has reason to believe public paths and access land will receive large numbers of people congregating in close proximity to each other, or where the use of public paths and access land poses a high risk of exposure to Coronavirus, the relevant authority has a duty to:
*A relevant authority includes:
Where a public path or access land has been closed under:
that path or land is to be treated as if it were closed under these Regulations.
Individuals are prohibited from using a public path or land which is closed, unless they are authorised by the relevant authority.
Where there is a closure of public paths and access land, the relevant authority is required to:
Powers are given to enforcement officers* to enable them to enforce directions given under these Regulations.
*An enforcement officer is considered to be any of the following:
Enforcement officers may give a prohibition notice to a person if the officer reasonably believes that:
Where it is considered that a person is, without reasonable excuse, in a public place and in contravention of a direction, a police constable can:
Where enforcement officers are required to enter a premises to take enforcement action, they may:
Upon entering a premise, enforcement officers are required to:
These powers should only be used where they are necessary and proportionate.
Any person who contravenes the duties under these Regulations, obstructs a person carrying out a function 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, involvement or neglect of a director, manager, secretary or other officer of that company, that person is also guilty of the offence.
Enforcement officials can serve a fixed penalty notice. Payment of the notice by the person on whom it is served avoids the need for criminal proceedings.
The amount of a fixed penalty notice is set at £60 for an individual receiving their first fixed penalty notice. If the fine is paid within 14 days of receiving the notice, the fine is reduced to £30. Each subsequent fixed penalty notice received after a first offence doubles in amount, up to a maximum of £1,920. The specific amounts are shown below:
When determining how many fixed penalty notices a person has received, the following regulations must be considered:
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The Compliance People Consultant, Mick Baah, looks at the new NHS COVID-19 contact tracing mobile app and what it means for employers.
Contact tracing is a tried and tested method for controlling the transmission and spread of disease. This process helps build a picture of onward exposure which, until an effective vaccine is available, is crucial in the ongoing fight against Coronavirus.
A form of low energy Bluetooth is used to identify phones nearby (these are referred to as encounters). The app utilises Bluetooth signal strength between different devices to estimate the distance between people. When someone tests positive for COVID-19 the system can send out alerts to people they have had encounters with. These alerts tell people that they should self-isolate.
The app is designed for smartphone use only and not a laptop, PC or smartwatch and is free to download.
During these times, workplaces are required to keep a log of employees, visitors or contractors who visit their premises.
In England, certain venues must display an official NHS QR code poster by law at their entrance, or at the point of service. These venues should also have a customer log where you can record your details if you don’t have the app or don’t want to use the app. Venues that are not required by law to display an NHS QR code poster might still choose to do so as part of the effort to fight Coronavirus. In office–based settings, QR code posters are only likely to be needed where there is a high number of external visitors or where workers cannot easily be identified or notified (for example by email) if there was a potential outbreak linked to the site. Workplace canteens and cafes must have an NHS QR code poster.
In Wales, all businesses and organisations are encouraged to display the official QR code posters. If there is no poster on display, you should still register your contact details with the venue so that they can get in touch with you if they need to.
In Scotland and Northern Ireland, they have their own versions of the app, Protect Scotland and StopCOVID NI respectively. The requirement for businesses based in these locations to display a QR code is not as firm, but the requirement to keep a log of persons who visit the premises remains.
The app is designed to work best on a compatible device that will be with the individual most, if not all, of the time. It is now commonplace for many employees to have a mobile phone provided by their employer; however, if this device is not likely to be with the individual for large periods of the day (i.e. in a locker or left on a desk), the benefit of installing the app will be lost. The counter argument for this is that for those individuals who are likely to be carrying their work phones for large parts of the day (i.e. service engineers, sales employers) allied with potential high-risk encounters, the benefits of downloading the app onto a work issued smartphone are significant.
It must be highlighted that participation with the NHS COVID-19 app is a voluntary requirement only. For an employer to attempt to implement that as an employee requirement through the company’s risk management strategy would bring considerable challenges, for example making sure the app is used by employees and being able to measure its effectiveness. The staple control approach of wash hands, cover face and make space will still have to be implemented as a minimum.
In summary, the current evidence suggests the jury is still out on as whether the app has been successful due to the limited time it has been in place. However, it is actively encouraged for employers to promote the benefits of the app and encourage their workforce to download and utilise the app on their personal mobile devices. This could further strengthen the management of Coronavirus within the workplace and potentially further manage the risk.
If you require any assistance with managing Coronavirus within your workplace, The Compliance People’s consultancy team are here to help. Get in touch at [email protected] to find out more.
Jurisdiction: England
Commencement: 28th September 2020
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 introduce requirements for members of the public, employers, employees and agency workers to self-isolate if they have tested positive or come into contact with someone who has tested positive for Coronavirus.
These Regulations are designed to protect public health by preventing the spread of Coronavirus (COVID-19).
These Regulations apply to adults who have been notified by one of the following relevant persons of the need to self-isolate:
They introduce requirements for members of the public, employers, employees and agency workers to self-isolate if they have tested positive or come into contact with someone who has tested positive for Coronavirus.
Any breach of these self-isolation requirements is an offence and punishable by a fine of up to £10,000.
Who these requirements apply to
When an adult is notified by a relevant person that either they or a child they are responsible for, have tested positive for Coronavirus from a test taken after 28th September 2020 (or have had close contact with someone who has) that adult is required to follow the self-isolation requirements laid out in these Regulations.
Requirements of self-isolation
A person who is required to self-isolate must comply with the following:
– Remain in their home or the home of a friend/family member.
– Only leave their residence for the following specific reasons:
– In the case of an adult or child who has tested positive for Coronavirus, they must remain self-isolated for a period of 10 days, either:
– In the case of an adult or child who had close contact with someone who has tested positive, they must remain self-isolated for a period of 14 days, either:
Employers of workers (including agency workers) who are self-isolating must not allow the self-isolating workers to attend any place, other than their designated place of self-isolation (e.g. their home), for any purpose related to their employment during their isolation period. This means that workers undertaking activities related to their employment at their designated place of self-isolation do not breach these requirements.
Where a worker becomes aware of their need to self-isolate and is due to attend work during their isolation period, the self-isolating worker must notify their employer. This includes informing their employer of the start and end dates of their self-isolation period as soon as possible and in any event before the worker is next due to start work.
Where an agency worker becomes aware of their need to self-isolate and is due to attend work during their isolation period, the self-isolating agency worker must notify the agent, the principal or the self-isolating agency worker’s employer (where that person is not the agent or a principal). This includes informing them of the start and end dates of their self-isolation period as soon as possible and in any event before the worker is next due to start work.
The person who receives the notification from the self-isolating agency worker (either the agent, the agency worker’s employer, or a principal) must supply the information to the other two parties as soon as possible.
Not abiding by any of the requirements to self-isolate under these Regulations is an offence and punishable by a fine of up to £1,000 for a first time offence, increasing to a maximum of £10,000 for multiple breaches.
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