Three tier UK coronavirus local lockdowns

New lockdown regulations came into force in England on 14 October 2020, creating a three-tier system of restrictions to address local outbreaks of COVID-19. The lowest tier (medium) replicates the existing restrictions that apply nationwide by default. The upper tiers (high and very high) standardise local restrictions for regions with higher rates of infection.

The new regulations

This article covers the following new regulations:

• The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020
• The Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020
• The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020

Key changes

For parts of the country on medium alert (the default level), there is little practical change, because the existing nationwide rules and restrictions continue to apply. For regions on high or very high alert, there is now greater clarity and consistency to the local lockdown regime and additional restrictions in certain areas. Much of the North of the England, and some parts of the Midlands, have been put on high alert.¹

Currently, Liverpool and its surrounds are the only areas on very high alert.²  The additional restrictions will have a particular impact on businesses in the retail, hospitality, leisure and live entertainment sectors.

In areas on high alert:

• The rule of six applies only to outdoor settings; households must not mix indoors, whether at home or in a public place.
• Businesses and venues must ensure people do not meet in their premises with people from outside of their household or support bubble.

In areas on very high alert:

• Pubs and bars must close. The only exception is where the venue operates as a restaurant, serving substantial meals. Alcohol may only be served as part of such a meal.
• Businesses and venues must ensure people do not meet in their premises with people from outside of their household or support bubble.
• Households must not mix socially either indoors or outdoors, with the exception of certain outdoor spaces such as parks, beaches, countryside, forests, public gardens, allotments, outdoor sports courts and facilities, and playgrounds.
• The government may seek to agree additional restrictions with local authorities on a case-by-case basis, for example closing restaurants (except for takeaways), leisure centres, gyms, libraries, performing arts venues and community centres.
• The government advises against travelling in and out of the area.

These new regulations revoke measures in previous regulations that contain similar restrictions.

Enforcement

Businesses and venues that fail to comply with these restrictions may face fines of up to GBP10,000, prosecution, or in some cases closure. Individuals who fail to comply can be fined GBP200 for the first offence, doubling for further offences up to a maximum of GBP6,400, with separate fines of GPB10,000 for holding an illegal gathering of over 30 people.

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.

[1] See schedule 2 of the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020 for a complete list

[2] See schedule 2 of the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020 for a complete list