The “rule of 6” and tightening of the English coronavirus lockdown regime
New lockdown regulations came into force in England on 14 September 2020. They provide for the “rule of six” and represent a tightening of the English lockdown regime due to the apparent growing incidence and transmission of COVID-19 across England.
The new regulations
The new regulations – the Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020 (the Regulations) – amend the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 (the Restrictions Regulations).
By way of a reminder, the Restrictions Regulations provide the main basis for the lockdown regime in England. The Restrictions Regulations were made under the Public Health (Control of Disease) Act 1984.
The changes made by the Regulations apply from 14 September 2020 in England. The changes made do not apply in those areas covered by specific lockdown regulations, such as (at the time of writing) those covering parts of northern England.
Key changes
In summary, the changes mean that persons may not participate in social gatherings, in any place, in groups of more than six, unless they are members of the same household, two linked households, or where one of the many exceptions apply.
The exceptions, in summary, are:
- where the persons live together or are in the same “support bubble,” or to continue existing arrangements where children do not live in the same household as both their parents;
- for work, voluntary or charitable purposes;
- for education, training, or registered childcare provision for children;
- for fulfilling legal obligations such as attending court or jury service;
- for providing emergency assistance, or providing support to a vulnerable person;
- to avoid illness, injury or harm (or to an individual or to avoid illness, injury or harm to another);
- for wedding and civil partnership ceremonies and receptions, for other religious ceremonies, or funerals, where up to 30 people will be able to attend at a place other than a private dwelling;
- for organised indoor and outdoor sports, physical activity and exercise classes, subject to limitations on the location of the relevant activity;
- for certain activities involving youth groups;
- for elite sporting competition or training; and
- for protests organised in compliance with COVID-19 secure guidance and subject to risk assessments.
The Regulations are somewhat complicated and convoluted, even by the standards of previous regulations on this subject. Anyone concerned about the new measures should review the Regulations carefully and, if appropriate, seek legal advice.
Criminal offence
Non-compliance with the Restrictions Regulations (including in their amended form) remains a criminal offence.
Conclusion
We’re supporting businesses and public sector bodies affected by the new emergency measures enacted in response to the COVID-19 pandemic. Please get in touch with Paul Stone or Paul Hardy, or your usual DLA Piper contact, for more help and advice.
