Jurisdiction: Northern Ireland

Commencement: 9 April 2021

Amends: New Legislation
Mini Summary

These Regulations list certain types of businesses and organisations required to close to prevent the spread of Coronavirus (COVID-19). The Regulations also define the restrictions that apply to individuals.

Summary
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.
Businesses which are required to close
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.
Other duties for businesses
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.
Restrictions on individual movements

Restrictions are in place on people staying overnight from the place in which they, or part of their extended household, normally live unless an exemption applies.

 
Duties
Restrictions on premises
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 gatherings and events
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

 
Restrictions on individuals movement
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).
Close contact service and social distancing requirements
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:

 
Close contact services
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:

 
Requirements to implement social distancing measures
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:

 
Enforcement
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.
Offences
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.

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Amendments

The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment) Regulations (Northern Ireland) 2021 (SR 2021/97)

The following changes to the requirements are made:

 

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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:

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.
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 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:

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:

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

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:

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:

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

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:

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

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:

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

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:

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

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:

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

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:

Enforcement
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.
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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Jurisdiction: Scoland

Commencement: 1st February 2021 
Mini Summary
These Regulations introduce temporary arrangements to ease conformity requirements for PPE products that are made and supplied for use during the Coronavirus (Covid-19) crisis, to reduce the public health risks presented by Coronavirus. PPE that usually requires a conformity assessment can be provided to healthcare workers or specified frontline health and care sector workers without having completed the conformity assessment process.
Summary
Temporary arrangements applying to manufacturers, importers and distributors in relation to the conformity assessment process will continue in Scotland to speed up the supply of essential Covid-19 related personal protective equipment (PPE).

Temporary arrangements for PPE were introduced by Commission Recommendation 2020/403 on conformity assessment and market surveillance procedures within the context of the COVID-19 threat. These temporary arrangements were implemented in the UK on March 2020. As Commission Recommendation 2020/403 has not been carried over into domestic UK law at the end of the Brexit transition period, new requirements are made to continue the easements for as long as they are needed. These Regulations make specific arrangements for the supply of emergency Covid-19 PPE after the end of the transition period.

These arrangements ease the regulatory requirements for conformity assessments for certain categories of PPE for a limited time, to increase the supply of essential Covid-19 related PPE on the UK market and for healthcare and specified health and care sector frontline workers.

The arrangements are time limited and require an assessment to be conducted by the Health and Safety Executive (HSE) by specified dates (see below).
Making available Covid-19 related PPE
PPE undergoing conformity assessment procedures that are yet to receive conformity marking (e.g. a UK or CE mark) can be made available for purchase in the UK.

To be eligible, the PPE must be needed for the protection from Coronavirus and the conformity assessment procedure must have been initiated. The HSE must have certified the PPE as compliant with the requirements laid out in Regulation 2016/425/EU on personal protective equipment.

Please note: The HSE will only undertake this assessment and certification process until 31st March 2021. After 31st March 2021 the usual conformity assessment requirements which applied before March 2020 will apply to unassessed PPE.
Covid-19 PPE for healthcare and other frontline workers
PPE that usually requires a conformity assessment can be provided to healthcare workers or specified frontline health and care sector workers without having completed the conformity assessment process.

The PPE must be needed for the protection from Coronavirus and it must have been purchased by, or on behalf of the Scottish Ministers or a health service body and only for the use of healthcare or specified frontline health and care sector workers.

Where PPE is made available to healthcare workers and frontline workers, the PPE must be assessed by the HSE and found to be compliant with the safety requirements specified in Annex II of Regulation 2016/425/EU on personal protective equipment.

Please note: The HSE will only undertake this assessment and certification process until 30th June 2021. After 30th June 2021, the usual conformity assessment requirements, that applied before March 2020 will apply to unassessed PPE.
Enforcement
Manufacturers, importers or distributors supplying PPE under these temporary arrangements, that do not complete a conformity assessment and/or attach the conformity marking will not be guilty of an offence.

PPE that has been assessed under Commission Recommendation 2020/403 does not affect the validity of any HSE assessment or conditions set by the HSE in respect of the assessment of PPE.

 

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Jurisdiction: England

Commencement: 16th December 2020

Amends: The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020
Mini Summary
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.

 
Amendment
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:

Mini Summaries
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
The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020
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.
The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020
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  

Mini Summary

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. 

Summary

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.  

Directions by local authorities 

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 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, local authority must take into consideration any advice given by the Director of Public Protection and any guidance issued by the Welsh Ministers. 

Directions relating to individual premises 

Local authorities can give directions to: 

These directions should only impose a prohibition, requirement or restriction on: 

Before giving a direction, 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. 

Directions relating to events 

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. 

Directions relating to public places 

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 direction. 

 

Duties

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: 

Notice of directions 

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. 

Notification of directions to other local authorities 

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. 

Appeals 

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. 

Closure of public paths and access land 

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: 

Enforcement 

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. 

Offences 

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. 
The importance of contact tracing 
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 whichuntil an effective vaccine is available, is crucial in the ongoing fight against Coronavirus. 
How does the app work? 
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. 
Key features: 

How do you get the app? 
The app is designed for smartphone use only and not a laptop, PC or smartwatch and is free to download. 
How can employers utilise the NHS COVID-19 app? 
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 officebased 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. 
Do my employees need to download the app? 
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 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 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 challengesfor 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
Mini Summary
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. 
Summary
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: 

Theintroduce 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.  
Duties
Requirements for persons who test positive for Coronavirus (COVID-19) and close contacts of that person
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: 

Requirements for employers of workers required to self-isolate
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 
Notification by workers of requirement to self-isolate 
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 
Notification in respect of agency workers
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.  
Enforcement and offences
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 offenceincreasing to a maximum of £10,000 for multiple breaches.

 

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Jurisdiction: UK

Commencement: 22 July 2020

Amends: 

 
Summary
This Act has been brought into force to support economic recovery and growth following the disruption caused by COVID-19. It makes temporary and permanent changes to the licencing and planning regimes in the UK. 

This entry gives a high-level overview of the changes made with a focus on environmental and health & safety matters. It does not place any direct compliance duties on organisations. 
Duties
Pavement licences 
Part 1 of the Act deals with ‘pavement licences’ which can be applied for by businesses selling food and drink from the local authority for the placement of furniture, such as tables and chairs, on the pavement outside their premises. Alcohol licensing changes are made to allow relevant businesses to serve alcohol for consumption off the premises.  

Test certificates and driving licences 

Part 2 of the Act amends the Road Traffic Act 1988 in relation to certificates of temporary exemption to goods vehicles and public service vehicles. A test certificate issued within the past year is usually required to drive a heavy vehicle. Certificates of temporary exemption have been issued to all heavy vehicles that were due to be tested from late March onwards following disruption to the testing regime caused by COVID-19.   

In order to avoid excessive test demand in the coming months, powers are expanded for the Driver and Vehicle Standards Agency (DVSA) to issue certificates of temporary exemption to safer vehicles to ensure capacity within the testing regime is maintained for higher risk vehicles.  

Under the Road Traffic Act 1988, drivers that are 45 years or older applying for a first licence or renewing a lorry or bus licence have to provide a medical report. Due to pressures on the NHS, doctors have been unable to meet the demand for completing these reports. A scheme to issue 1-year licences without a medical report was implemented on 5th May 2020 and this Act makes the legal changes required to the 1988 Act to make the scheme enforceable.  
Planning permissions 
Part 3 of this Act amends the Town and Country Planning Act 1990 (‘the 1990 Act’) to reduce planning restrictions on construction site working hours to temporarily allow extended working hours. This is in order to allow developments which have been delayed due to COVID-19 to proceed at an increased pace if required. 

A new section is added into the 1990 Act to allow a modification to the restrictions of working hours to be applied for in writing electronically. This can be either to extend the permitted hours or to allow construction activity to take place on a day that it is not currently permitted. This extension can only be until 1st April 2021. If an authority does not give its decision within 14 days (beginning with the day after that on which the application is sent to the authority) then the condition is deemed to be modified as set out in the application and can be implemented. 

In addition, the expiration of certain unimplemented planning permissions are automatically extended to enable planned developments to be commenced over the next year. The new section 93A added into the 1990 Act modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021. This again is due to delays experienced within the construction sector because of the COVID-19 pandemic. 

Unimplemented planning permissions with time limits for implementation which passed between 23rd March 2020 and 19th August 2020 are also restored and the time limit extended to 1st May 2021, subject to ‘additional environmental approval’ being granted. An application for additional environmental approval must be made in writing and submitted electronically to the local planning authority by a person with an interest in the relevant land. 

In the application for additional environmental approval, details of the following have to be provided: 

Further information will be required if the original planning permission was subject to an EIA and/or a Habitats Regulation Assessment including the original assessment(s) or screening(s) and a summary of the key findings. Additional environmental approval can be applied for up until 31st December 2020. 

Part 3 of this Act also amends the Planning (Listed Buildings and Conservation Areas) Act 1990. The expiration of certain unimplemented listed building consents are automatically extended to enable planned works to start over the next year. The new section 18A added into the Planning (Listed Buildings and Conservation Areas) Act 1990 modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021.  

The powers for local planning authorities in England are updated to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic. 

The requirements for the Mayor of London to make the current Spatial Development Strategy (SDS) available for physical inspection and to provide hard copies on request are temporarily removed through an amendment to the Greater London Authority Act 1999. 

 
Amendments
The Town and Country Planning Act 1990
Part 3 of this Act amends the Town and Country Planning Act 1990 (‘the 19901 Act’to reduce planning restrictions on construction site working hours to temporarily allow extended working hours. This is in order to allow developments which have been delayed due to COVID-19 to proceed at an increased pace if required. 

A new section is added into the 1990 Act to allow a modification to the restrictions of working hours to be applied for in writing electronically. This can be either to extend the permitted hours or to allow construction activity to take place on a day that it is not currently permitted. This extension can only be until 1st April 2021. If an authority does not give its decision within 14 days (beginning with the day after that on which the application is sent to the authority) then the condition is deemed to be modified as set out in the application and can be implemented. 

In addition, the expiration of certain unimplemented planning permissions are automatically extended to enable planned developments to be commenced over the next year. The new section 93A added into the 1990 Act modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021. This again is due to delays experienced within the construction sector because of the COVID-19 pandemic. 

Unimplemented planning permissions with time limits for implementation which passed between 23rd March 2020 and 19th August 2020 are also restored and the time limit extended to 1st May 2021, subject to ‘additional environmental approval being granted. An application for additional environmental approval must be made in writing and submitted electronically to the local planning authority by a person with an interest in the relevant land. 

In the application for additional environmental approval, details of the following have to be provided: 

Further information will be required if the original planning permission was subject to an EIA and / or a HRA, including the original assessment(s) or screening(s) and a summary of the key findings. Additional environmental approval can be applied for up until 31st December 2020. 

Another change made is the powers for local planning authorities in England are updated to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic.
The Planning (Listed Buildings and Conservation Areas) Act 1990
Part 3 of this Act amends the Planning (Listed Buildings and Conservation Areas) Act 1990 (‘the 1990 Act’). The expiration of certain unimplemented listed building consents are automatically extended to enable planned works to start over the next year. The new section 18A added into the 1990 Act modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021. This is due to delays experienced within the construction sector because of the COVID-19 pandemic. 

The powers for local planning authorities in England are updated to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic.
Planning (Hazardous Substances) Act 1990
Part 3 of this Act amends the Planning (Hazardous Substances) Act 1990 to change the powers for local planning authorities in England to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic. There are no changes to any duties for organisations.
Greater London Authority Act 1999
The requirements for the Mayor of London to make the current Spatial Development Strategy (SDS) available for physical inspection and to provide hard copies on request are temporarily removed due to the current COVID-19 pandemic. There are no changes to any duties for organisations.
Road Traffic Act 1988:  
Part 2 of this Act amends the Road Traffic Act 1988 in relation to certificates of temporary exemption to goods vehicles and public service vehicles. A test certificate issued within the past year is usually required to drive a heavy vehicle. Certificates of temporary exemption have been issued to all heavy vehicles that were due to be tested from late March onwards following disruption to the testing regime caused by COVID-19.   

In order to avoid excessive test demand in the coming months, powers are expanded for the Driver and Vehicle Standards Agency (DVSA) to issue certificates of temporary exemption to safer vehicles to ensure capacity within the testing regime is maintained for higher risk vehicles.   

Under the Road Traffic Act 1988, drivers that are 45 years or older applying for a first licence or renewing a lorry or bus licence have to provide a medical report. Due to pressures on the NHS, doctors have been unable to meet the demand for completing these reports. A scheme to issue 1-year licences without a medical report was implemented on 5th May 2020 and this Act makes the legal changes required to the 1988 Act to make the scheme enforceable. 

 

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The Compliance People Consultant Hannah Williams outlines the key elements of a good quality legal register that aligns to the relevant requirements of environment, occupational health and safety, and energy management system StandardsISO 14001, ISO 45001, and ISO 50001. 

 

A legal register is a form of document or system that details legislation that an organisation has to be compliant with due to the activities it carries out. The legal register might only contain legislation of a certain type, for example, environmental or health and safety legislation. The range of laws that apply can vary greatly depending on the type and size of an organisation and the industry it works within, as well as depending on where it is based. 

Legislation is published by the Government on a daily basis through new Acts and Regulations, in addition to existing laws being amended, revoked or repealed. If a legal register is kept up to date, either automatically through a subscription service or manually, then this provides the organisation with important updates to legislation that may mean they have to implement changes in practices in order to ensure they remain compliant. 

The legal register becomes an important resource for an organisation for reference to what they must be doing in order to ensure compliance with legislation. The alternative would be to search for relevant legislation each time an issue arises which would be extremely time-consuming and inefficient. It would also be difficult to know if the legislation found through searching the internet was the most recent version or if it had been replaced by other regulations. 

It is of great benefit to a company if the legal register does not just provide a list of titles of legislation, but also summarises each entry in terms of what compliance duties the legislation sets upon organisations. This then provides a greater understanding of compliance and what activities need to be conducted and the processes need to be put in place to ensure compliance within the organisation. 

It should be noted that unfortunately one size doesn’t fit all when it comes to legal registers. There isn’t a standard legal register that can be applied to any organisation, or it certainly isn’t best practise to have a legal register like this. As all organisations are different, the register should be bespoke to them and contain just the relevant legislation that applies to them and their activities. 

 

Meeting requirements for environment and health & safety Standards 

For companies that are certified, or are aiming to become certified, to management system standards ISO 14001 (environment) and ISO 45001 (occupational health and safety) there are requirements under Clause 6 of each Standard around compliance obligations. 

What do the Standards actually say? 

ISO 14001:2015: Clause 6.1.3 Compliance Obligations 

An organisation shall determine and have access to the compliance obligations related to its environmental aspects; determine how these compliance obligations apply to the organization; take these compliance obligations into account when establishing, implementing, maintaining and continually improving its environmental management system. 

An organisation shall maintain documented information of its compliance obligations.’ 

ISO 45001: Clause 6.1.3 Determination of legal requirements and other requirements  

The organisation shall establish, implement and maintain a processes to determine and have access to up-to-date legal requirements and other requirements that are applicable to its hazards, OH&S risks and OH&S management system, determine how these legal requirements and other requirements apply to the organisation and what needs to be communicatedtake these legal requirements and other requirements into account when establishing, implementing, maintaining and continually improving its OH&S management system.  

The organisation shall maintain and retain documented information on its legal requirements and other requirements and shall ensure it is updated to reflect any changes.’ 

As you can see, the term ‘legal register’ is not actually used within the Standards themselves. In fact the two Standards differ in the language they use, with ISO 14001 using ‘compliance obligations’ and ISO 45001 using ‘legal and other requirements’. The term legal ‘register’ however has become the standard terminology for what the Standards require. It certainly is one of the best ways an organisation can maintain documented information of its compliance obligations and greatly help them meet the requirements of clause 6.1.3. 

What do the Standards actually require organisations to do for this clause? Put simply, a company must have a process that identifies and gives them have access to the applicable regulations, based on the activities they carry out. This must be kept up to date and be considered throughout the whole management system. Therefore, this equates to a legal register! 

 

For more information on what exactly a legal register is and why your organisation needs one, be sure to check out our bitesize webinar.