The Health Protection ( Coronavirus Restrictions) (England) Regulations 2020, S.I. 2020/750, accompanied by an Explanatory Memorandum, make provision for local authorities to give Directions relating to (1) individual premises ( Regulation4), (2) events ( Regulation 5), and (3) public outdoor events (Regulations 1 and 6-8 inclusive).
Regulation 2(1) states that a Direction may be given only if the authority considers that all the following 3 conditions are met : (a) that the Direction responds to a “ serious and imminent threat “ to public health; (b) that the Direction is “ necessary” ; and (c) that it is “proportionate”.
Regulation 2(2) requires the authority to notify the SoS and to review at least once every 7 days whether these conditions continue to be met. Regulation 2(3) makes provision in relation to revocation of a Direction.
Regulation 2(4) provides that an authority “ must have regard “ to any advice from its Director of Public Health. Regulation 3 enables the SoS to give a direction to a local authority requiring it to give a Direction. Regulations 10 and 11 relate to notice and notification of Directions.
Regulation 12 relates to enforcement of requirements; Regulation 13 to offences and penalties; Regulation 14 to fixed penalty notices; and Regulation 15 to prosecutions.
These No 3 Regulations expire on 17 January 2021. They should be read in conjunction with the No 2 (England) Regulations 2020, SI 2020/ 684. Because of the frequent changes made, this instrument revoked the original lockdown regulations and the subsequent four sets of amending regulations to consolidate the remaining restrictions and to reduce restrictions. The restrictions must be reviewed by 31 July 2020.