Contents

• Part 1 Main provisions
• Part 2 Final provisions
• Schedule 1 Emergency registration of nurses and other health and care professionals
• Schedule 2 Emergency arrangements concerning medical practitioners: Wales
• Schedule 3 Emergency arrangements concerning medical practitioners: Scotland
• Schedule 4 Emergency registration of pharmaceutical chemists and extension of prescribing powers: Northern Ireland
• Schedule 5 Emergency registration of social workers: England and Wales
• Schedule 6 Temporary registration of social workers: Scotland
• Schedule 8 Mental health: England and Wales
• Schedule 10 Mental health: Northern Ireland
• Schedule 11 Mental capacity: Northern Ireland
• Schedule 12 Local authority care and support
• Schedule 13 Registration of deaths and still-births
• Schedule 14 Review of medical certificates of cause of death and cremations: Scotland
• Schedule 16 Temporary closure of educational institutions and childcare premises
• Schedule 17 Temporary continuity directions etc: education, training and childcare
• Schedule 19 Health protection regulations: Scotland
• Schedule 20 Power to suspend port operations
• Schedule 21 Powers relating to potentially infectious persons
• Schedule 22 Powers to issue directions relating to events, gatherings and premises
• Schedule 23 Live links in criminal proceedings
• Schedule 24 Live links in other criminal hearings
• Schedule 25 Public participation in proceedings conducted by video or audio
• Schedule 26 Live links in certain magistrates' court proceedings
• Schedule 27 Use of live links in legal proceedings: Northern Ireland
• Schedule 28 Transportation, storage and disposal of dead bodies etc
• Schedule 29 Residential tenancies in England and Wales: protection from eviction

Part 1 · Main provisions

Inquests

30Suspension of requirement to hold inquest with jury: England and Wales#

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31Suspension of requirement to hold inquest with jury: Northern Ireland#

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32Deaths in custody from natural illness: Northern Ireland#

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Interpretation

1Meaning of “coronavirus” and related terminology#

(1)In this Act—• “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);• “coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus).

(2)A reference in this Act to infection or contamination, however expressed, is a reference to infection or contamination with coronavirus.

(3)But a reference in this Act to persons infected by coronavirus, however expressed, does not (unless a contrary intention appears) include persons who have been infected but are clear of coronavirus (unless re-infected).

Pensions

45NHS pension schemes: suspension of restrictions on return to work: England and Wales#

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46NHS pension schemes: suspension of restrictions on return to work: Scotland#

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47Health and social care pension schemes: suspension of restrictions on return to work: Northern Ireland#

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Business improvement districts

79Extension of BID arrangements: England#

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80Extension of BID arrangements: Northern Ireland#

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Business tenancies: protection from forfeiture etc

82Business tenancies in England and Wales: protection from forfeiture etc#

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83Business tenancies in Northern Ireland: protection from forfeiture etc#

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Courts and tribunals: use of video and audio technology

53Expansion of availability of live links in criminal proceedings#

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54Expansion of availability of live links in other criminal hearings#

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55Public participation in proceedings conducted by video or audio#

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56Live links in magistrates' court appeals against requirements or restrictions imposed on a potentially infectious person#

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57Use of live links in legal proceedings: Northern Ireland#

Schedule 27 makes provision for, and in connection with, the use of live links in proceedings in courts and tribunals in Northern Ireland.

Disclosure: Scotland

34Temporary disapplication of disclosure offences: Scotland#

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35Power to reclassify certain disclosure requests: Scotland#

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Disclosure: Wales

33Disapplication etc by Welsh Ministers of DBS provisions#

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Emergency registration of health professionals

2Emergency registration of nurses and other health and care professionals#

Schedule 1 contains temporary modifications of—

(a)the Nursing and Midwifery Order 2001 (S.I. 2002/253), and

(b)the Health Professions Order 2001 (S.I. 2002/254).

3Emergency arrangements concerning medical practitioners: Wales#

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4Emergency arrangements concerning medical practitioners: Scotland#

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5Emergency registration of and extension of prescribing powers for pharmaceutical chemists: Northern Ireland#

Schedule 4 contains temporary modifications of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)).

Financial assistance for industry

75Disapplication of limit under section 8 of the Industrial Development Act 1982#

(1)Financial assistance provided under section 8 of the Industrial Development Act 1982 (general power to give selective financial assistance to industry) is not to count towards the limit set by subsections (4) and (5) of that section if the assistance has been designated under subsection (2) as “coronavirus-related”.

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Fingerprints and DNA profiles

24Extension of time limits for retention of fingerprints and DNA profiles#

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General Synod of the Church of England

84Postponement of General Synod elections#

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Health service indemnification

11Indemnity for health service activity: England and Wales#

(1)The appropriate authority may—

(a)indemnify a person in respect of a qualifying liability incurred by the person, or

(b)make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.

(2)References in this section to a qualifying liability are to a liability in tort, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.

(3)“Relevant service” means a service which is provided by a person as part of the health service and which—

(a)relates to—

(i)caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,

(ii)caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or

(iii)diagnosing or determining whether a person has been infected or contaminated,

(b)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the health service being unable to do so in consequence of providing a service within paragraph (a), or

(c)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the health service being unable to do so because of a reason relating to coronavirus.

(4)In a case within subsection (1)(a), any question relating to—

(a)whether a person has incurred a qualifying liability, or

(b)the amount of any payment by virtue of subsection (1),

is to be determined by the appropriate authority.

(5)In a case within subsection (1)(b)—

(a)any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;

(b)any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.

(6)Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.

(7)In this section—• “the appropriate authority” means—(a) in relation to a relevant service provided as part of the English health service, the Secretary of State;(b) in relation to a relevant service provided as part of the Welsh health service, the Welsh Ministers;• “authorised person” means a person authorised by the appropriate authority;• “the health service” means the English health service or the Welsh health service;• “the English health service” means the health service continued under section 1(1) of the National Health Service Act 2006;• “the Welsh health service” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006.

12Indemnity for health service activity: Scotland#

(1)The Scottish Ministers may—

(a)indemnify a person in respect of a qualifying liability incurred by the person, or

(b)make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.

(2)References in this section to a qualifying liability are to a liability in delict, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.

(3)“Relevant service” means a service which is provided by a person as part of the health service and which—

(a)relates to—

(i)caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,

(ii)caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or

(iii)diagnosing or determining whether a person has been infected or contaminated,

(b)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the health service being unable to do so in consequence of providing a service within paragraph (a), or

(c)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the health service being unable to do so because of a reason relating to coronavirus.

(4)In a case within subsection (1)(a), any question relating to—

(a)whether a person has incurred a qualifying liability, or

(b)the amount of any payment by virtue of subsection (1),

is to be determined by the Scottish Ministers.

(5)In a case within subsection (1)(b)—

(a)any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;

(b)any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.

(6)Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.

(7)In this section—• “authorised person” means a person authorised by the Scottish Ministers;• “the health service” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978.

13Indemnity for health and social care activity: Northern Ireland#

(1)The Department of Health may—

(a)indemnify a person in respect of a qualifying liability incurred by the person, or

(b)make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.

(2)References in this section to a qualifying liability are to a liability in tort, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.

(3)“Relevant service” means a service which is provided by a person as part of the system of health and social care and which—

(a)relates to—

(i)caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,

(ii)caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or

(iii)diagnosing or determining whether a person has been infected or contaminated,

(b)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the system of health and social care being unable to do so in consequence of providing a service within paragraph (a), or

(c)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the system of health and social care being unable to do so because of a reason relating to coronavirus.

(4)In a case within subsection (1)(a), any question relating to—

(a)whether a person has incurred a qualifying liability, or

(b)the amount of any payment by virtue of subsection (1),

is to be determined by the Department of Health.

(5)In a case within subsection (1)(b)—

(a)any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;

(b)any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.

(6)Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.

(7)In this section—• “authorised person” means a person authorised by the Department of Health;• “the Department of Health” means the Department of Health in Northern Ireland;• “the system of health and social care” means the system promoted under section 2(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)).

HMRC functions

76HMRC functions#

Her Majesty's Revenue and Customs are to have such functions as the Treasury may direct in relation to coronavirus or coronavirus disease.

Investigatory powers

22Appointment of temporary Judicial Commissioners#

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23Time limits in relation to urgent warrants etc under Investigatory Powers Act#

(1)The revocation in Article 2 and the substitutions made by Article 3 do not have effect in relation to a case where the appropriate date falls before 6th April 2018.

(2)In this Article “the appropriate date” means —

(3)Regulation 26 and 35(6) to (9) of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 ^note applies to a determination that the person is to be treated as having limited capability for work in accordance with this regulation as if such a determination had been made under regulation 16 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 or Part 5 of the Universal Credit Regulations (Northern Ireland) 2016.

(a)in the case of an application made under Article 34(1) ^note of the 1995 Order (compensation for unjustifiable discipline by a trade union), the date of the determination infringing the applicant's right;

(b)in the case of an application for an award of compensation under Article 40(2) of the 1995 Order (compensation for expulsion from a trade union), the date of the expulsion from the union;

(c)in the case of a complaint presented under Article 44C(1) of the 1995 Order ^note (failure by an employer to consult with a trade union on training matters), the date of the alleged failure;

(d)in the case of an award under paragraph 159(1) of Schedule 1A to the 1995 Order ^note, where a worker has suffered a detriment that is the termination of the worker's contract, the date of the termination;

(4)Regulation 6(2)(q) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 ^note applies to a determination that the person is to be treated as having limited capability for work in accordance with this regulation as if such a determination had been made under regulation 20 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 ^note.

(5)Where an application for approval is granted in accordance with paragraph (2)(a), the Department must notify the approved person in writing of this, and of any conditions it has imposed pursuant to paragraph (4), within 28 days of its decision.

(6)The Department may decide to withdraw approval granted under paragraph (2)(a) and, if such a decision is taken, must serve on the approved person written notice of—

(7)If an approved person proposes to revoke a delegation that has been approved under paragraph (2)(a), the person must serve written notice on the Department of this and of the date when the revocation takes effect, not being earlier than 28 days from the date of the notice.

(8)In this section—• “applicable amount” means the amount which, in the claimant's case, is the applicable amount for the purposes of section 4(1);• “personal rate” means the amount calculated in accordance with section 2(1).

Local authority meetings

78Local authority meetings#

(1)The revocation in Article 2 and the substitutions made by Article 3 do not have effect in relation to a case where the appropriate date falls before 6th April 2018.

(a)in the case of an application made under Article 34(1) ^note of the 1995 Order (compensation for unjustifiable discipline by a trade union), the date of the determination infringing the applicant's right;

(b)in the case of an application for an award of compensation under Article 40(2) of the 1995 Order (compensation for expulsion from a trade union), the date of the expulsion from the union;

(c)in the case of a complaint presented under Article 44C(1) of the 1995 Order ^note (failure by an employer to consult with a trade union on training matters), the date of the alleged failure;

(d)in the case of an award under paragraph 159(1) of Schedule 1A to the 1995 Order ^note, where a worker has suffered a detriment that is the termination of the worker's contract, the date of the termination;

(e)in the case of a complaint presented under Article 28(1)(a) of the 1996 Order (refusal of employment on grounds related to union membership) or Article 28(1)(b) of that Order (refusal of service of employment agency on grounds related to union membership), the date of the conduct to which the complaint relates, as determined by Article 28(2) to (4) of that Order;

(f)in the case of a guarantee payment to which an employee is entitled under Article 60(1) of the 1996 Order (right to guarantee payment in respect of workless day), the day in respect of which the payment is due;

(2)In this Article “the appropriate date” means —

(3)Regulation 26 and 35(6) to (9) of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 ^note applies to a determination that the person is to be treated as having limited capability for work in accordance with this regulation as if such a determination had been made under regulation 16 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 or Part 5 of the Universal Credit Regulations (Northern Ireland) 2016.

(4)Regulation 6(2)(q) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 ^note applies to a determination that the person is to be treated as having limited capability for work in accordance with this regulation as if such a determination had been made under regulation 20 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 ^note.

(a)in the case of an application made under Article 34(1) ^note of the 1995 Order (compensation for unjustifiable discipline by a trade union), the date of the determination infringing the applicant's right;

(b)in the case of an application for an award of compensation under Article 40(2) of the 1995 Order (compensation for expulsion from a trade union), the date of the expulsion from the union;

(c)in the case of a complaint presented under Article 44C(1) of the 1995 Order ^note (failure by an employer to consult with a trade union on training matters), the date of the alleged failure;

(5)Where an application for approval is granted in accordance with paragraph (2)(a), the Department must notify the approved person in writing of this, and of any conditions it has imposed pursuant to paragraph (4), within 28 days of its decision.

(a)in the case of an application made under Article 34(1) ^note of the 1995 Order (compensation for unjustifiable discipline by a trade union), the date of the determination infringing the applicant's right;

(b)in the case of an application for an award of compensation under Article 40(2) of the 1995 Order (compensation for expulsion from a trade union), the date of the expulsion from the union;

(c)in the case of a complaint presented under Article 44C(1) of the 1995 Order ^note (failure by an employer to consult with a trade union on training matters), the date of the alleged failure;

(6)The Department may decide to withdraw approval granted under paragraph (2)(a) and, if such a decision is taken, must serve on the approved person written notice of—

(a)in the case of an application made under Article 34(1) ^note of the 1995 Order (compensation for unjustifiable discipline by a trade union), the date of the determination infringing the applicant's right;

(b)in the case of an application for an award of compensation under Article 40(2) of the 1995 Order (compensation for expulsion from a trade union), the date of the expulsion from the union;

(c)in the case of a complaint presented under Article 44C(1) of the 1995 Order ^note (failure by an employer to consult with a trade union on training matters), the date of the alleged failure;

(d)in the case of an award under paragraph 159(1) of Schedule 1A to the 1995 Order ^note, where a worker has suffered a detriment that is the termination of the worker's contract, the date of the termination;

(7)If an approved person proposes to revoke a delegation that has been approved under paragraph (2)(a), the person must serve written notice on the Department of this and of the date when the revocation takes effect, not being earlier than 28 days from the date of the notice.

(a)in the case of an application made under Article 34(1) ^note of the 1995 Order (compensation for unjustifiable discipline by a trade union), the date of the determination infringing the applicant's right;

(b)in the case of an application for an award of compensation under Article 40(2) of the 1995 Order (compensation for expulsion from a trade union), the date of the expulsion from the union;

(c)in the case of a complaint presented under Article 44C(1) of the 1995 Order ^note (failure by an employer to consult with a trade union on training matters), the date of the alleged failure;

(d)in the case of an award under paragraph 159(1) of Schedule 1A to the 1995 Order ^note, where a worker has suffered a detriment that is the termination of the worker's contract, the date of the termination;

(e)in the case of a complaint presented under Article 28(1)(a) of the 1996 Order (refusal of employment on grounds related to union membership) or Article 28(1)(b) of that Order (refusal of service of employment agency on grounds related to union membership), the date of the conduct to which the complaint relates, as determined by Article 28(2) to (4) of that Order;

(f)in the case of a guarantee payment to which an employee is entitled under Article 60(1) of the 1996 Order (right to guarantee payment in respect of workless day), the day in respect of which the payment is due;

(g)in the case of an award of compensation under Article 72(1)(b) of the 1996 Order by virtue of section 24(2) of the National Minimum Wage Act 1998 ^note, where a worker has suffered a detriment that is the termination of the worker's contract, the date of the termination;

(h)in the case of an award under Article 77E(2)(b) of the 1996 Order ^note (award to worker in respect of offer made by employer in contravention of Article 77A or 77B of that Order ^note), the date of the offer;

(i)in the case of an award under Article 112I(1)(b) of the 1996 Order ^note (award of compensation relating to an application for contract variation), the date of the failure in relation to the application or of the decision to reject the application;

(j)in the case of an award under Article 146(4) or (5) of the 1996 Order ^note (award in relation to unfair dismissal) the effective date of termination as defined by Article 129 of that Order ^note;

(k)in the case of an award under Article 151(1) or (3) of the 1996 Order ^note, where an employer has failed to comply fully with the terms of an order for reinstatement or re-engagement or has failed to reinstate or re-engage the complainant in accordance with such an order, the date by which the order for reinstatement (specified under Article 148(2)(c) of that Order) or, as the case may be, re-engagement (specified under Article 149(2)(f) of that Order) should have been complied with;

(l)in the case of entitlement to a redundancy payment by virtue of Article 170(1)(a) of the 1996 Order (dismissal by reason of redundancy), the relevant date as defined by Article 180 of that Order ^note;

(m)in the case of entitlement to a redundancy payment by virtue of Article 170(1)(b) of the 1996 Order (eligibility for a redundancy payment by reason of being laid off or kept on short-time), the relevant date as defined by Article 188 of that Order;

(n)in the case of entitlement to a payment under Article 227 of the 1996 Order (payments by the Department), the appropriate date as defined by Article 230 of that Order;

(o)in the case of a complaint presented under Article 13(1) of the Employment Relations (Northern Ireland) Order 1999 ^note (failure or threatened failure to allow the worker to be accompanied at the disciplinary or grievance hearing, to allow the companion to address the hearing or confer with the worker, or to postpone the hearing), the date of the failure or threat;

(p)in the case of a complaint presented under regulation 15 of the Flexible Working (Procedural Requirements) Regulations (Northern Ireland) 2003 ^note (failure or threatened failure to allow an employee to be accompanied at a meeting, to allow the companion to address the meeting or confer with the employee, or to postpone the meeting), the date of the failure or threat;

(q)in the case of an award made under Article 27(2) of the Employment (Northern Ireland) Order 2003 ^note (failure to give statement of employment particulars etc), the date the proceedings to which that Article applies were begun;

(r)in the case of an increase in an award in pursuance of Article 27(3) of the Employment (Northern Ireland) Order 2003, the date the proceedings to which that Article applies were begun;

(s)in the case of an award made under Article 28(2) of the Employment (Northern Ireland) Order 2003 (failure to give statement of employment particulars etc), the date the proceedings to which that Article applies were begun;

(t)in the case of an increase in an award in pursuance of Article 28(3) of the Employment (Northern Ireland) Order 2003, the date the proceedings to which that Article applies were begun.

(u)the scheme known as the Darwin Initiative for the Survival of Species that provides support for the conservation and sustainable use of biological resources and habitats and for the furtherance of the aims of the Convention on Biological Diversity.

(v)the programme known as the Promotion of Positive Environmental Management in Industry Programme.

(8)If P is a producer who is a licensor or pub operating business, Schedule 2 applies to determine whether P is subject to the data collection obligations in regulation 17(6).

(a)in the case of an application made under Article 34(1) ^note of the 1995 Order (compensation for unjustifiable discipline by a trade union), the date of the determination infringing the applicant's right;

(b)in the case of an application for an award of compensation under Article 40(2) of the 1995 Order (compensation for expulsion from a trade union), the date of the expulsion from the union;

(c)in the case of a complaint presented under Article 44C(1) of the 1995 Order ^note (failure by an employer to consult with a trade union on training matters), the date of the alleged failure;

(d)in the case of an award under paragraph 159(1) of Schedule 1A to the 1995 Order ^note, where a worker has suffered a detriment that is the termination of the worker's contract, the date of the termination;

(e)in the case of a complaint presented under Article 28(1)(a) of the 1996 Order (refusal of employment on grounds related to union membership) or Article 28(1)(b) of that Order (refusal of service of employment agency on grounds related to union membership), the date of the conduct to which the complaint relates, as determined by Article 28(2) to (4) of that Order;

(f)in the case of a guarantee payment to which an employee is entitled under Article 60(1) of the 1996 Order (right to guarantee payment in respect of workless day), the day in respect of which the payment is due;

(g)in the case of an award of compensation under Article 72(1)(b) of the 1996 Order by virtue of section 24(2) of the National Minimum Wage Act 1998 ^note, where a worker has suffered a detriment that is the termination of the worker's contract, the date of the termination;

(h)in the case of an award under Article 77E(2)(b) of the 1996 Order ^note (award to worker in respect of offer made by employer in contravention of Article 77A or 77B of that Order ^note), the date of the offer;

(i)in the case of an award under Article 112I(1)(b) of the 1996 Order ^note (award of compensation relating to an application for contract variation), the date of the failure in relation to the application or of the decision to reject the application;

(j)in the case of an award under Article 146(4) or (5) of the 1996 Order ^note (award in relation to unfair dismissal) the effective date of termination as defined by Article 129 of that Order ^note;

(9)Paragraph (8) does not affect any obligations which a licensor or a pub operating business has under these Regulations otherwise than under Schedule 2.

(10)In this section—• “enactment” includes—(a) an enactment comprised in an Act or Measure of the National Assembly for Wales;(b) an enactment comprised in Northern Ireland legislation;• “subordinate legislation” means—(a) subordinate legislation within the meaning of the Interpretation Act 1978;(b) an instrument made under an Act or Measure of the National Assembly for Wales;(c) an instrument made under Northern Ireland legislation.

(11)Where—

A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(12)Where—

A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(13)Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Welsh Ministers determined that the student was an eligible postgraduate student before 1 September 2007.

(14)An eligible postgraduate student does not, at any one time, qualify for support for—

(15)Where, after the Welsh Ministers have made any payment of support by way of a part-time grant for dependants, they make a determination of the amount of such a grant for which the eligible part-time student qualifies either for the first time or by way of a revision of a provisional or other determination of that amount—

Mental health and mental capacity

10Temporary modification of mental health and mental capacity legislation#

(1)The revocation in Article 2 and the substitutions made by Article 3 do not have effect in relation to a case where the appropriate date falls before 6th April 2018.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Regulation 26 and 35(6) to (9) of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 ^note applies to a determination that the person is to be treated as having limited capability for work in accordance with this regulation as if such a determination had been made under regulation 16 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 or Part 5 of the Universal Credit Regulations (Northern Ireland) 2016.

(4)Schedule 11 contains temporary modifications of the Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I.)), and related provision.

National Insurance Contributions

72Power under section 143 of the Social Security Administration Act 1992#

(1)This section applies to an order made under section 143 of the Social Security Administration Act 1992 (power to alter contributions) if—

(a)it is made on or after 19 March 2020 and before the end of the period of 2 years beginning with the day on which this Act is passed, and

(b)it does not increase a figure referred to in section 143(1) or (3) of that Act above the figure that would apply on 6 April 2020, ignoring the effect of any order made under section 143 or 145 of that Act on or after 19 March 2020.

(2)Section 143(1) of that Act has effect in relation to an order to which this section applies as if the words from “with a view” to “future period” were omitted.

(3)Section 143(4)(a) of that Act (no increase above 0.25%) does not apply to an order to which this section applies.

(4)Section 144 of that Act (requirement to lay report and orders not to have effect before next tax year) does not apply to an order to which this section applies.

(5)Section 190(1) of that Act (affirmative procedure for certain orders) does not apply in relation to an order to which this section applies (and accordingly such an order is subject to annulment in pursuance of a resolution of either House of Parliament).

73Power under section 145 of the Social Security Administration Act 1992#

(1)This section applies to an order made under section 145 of the Social Security Administration Act 1992 (power to alter primary and secondary contributions) if—

(a)it is made on or after 19 March 2020 and before the end of the period of 2 years beginning with the day on which this Act is passed, and

(b)it does not increase a rate or figure referred to in section 145(1), (2) or (4) of that Act above the rate or figure that would apply on 6 April 2020, ignoring the effect of any order made under section 143 or 145 of that Act on or after 19 March 2020.

(2)Section 145(3) of that Act (no increase above 0.25%) does not apply to an order to which this section applies.

(3)Subsections (2) to (5) of section 147 of that Act (requirement to lay report and coming into force and effect of order) do not apply to an order to which this section applies.

(4)Section 190(1) of that Act (affirmative procedure for certain orders) does not apply in relation to an order to which this section applies (and accordingly such an order is subject to annulment in pursuance of a resolution of either House of Parliament).

74Power under section 5 of the National Insurance Contributions Act 2014#

(1)This section applies to regulations under section 5 of the National Insurance Contributions Act 2014 (power to amend the employment allowance provisions) made on or after 19 March 2020 and before the end of the period of 2 years beginning with the day on which this Act is passed.

(2)Section 5(5) to (9) of that Act (Parliamentary procedure) does not apply to such regulations but a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

(3)But subsection (2) does not apply to regulations falling within section 5(1)(a) of that Act which decrease a person's employment allowance for a tax year below £4,000 (accordingly, section 5(5) of that Act continues to apply to a statutory instrument containing such regulations).

NHS and local authority care and support

14NHS Continuing Healthcare assessments: England#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15Local authority care and support#

Schedule 12 contains provision modifying the powers and duties of local authorities in England and Wales in relation to the provision of care and support.

16Duty of local authority to assess needs: Scotland#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17Section 16: further provision#

(1)The Scottish Ministers may issue guidance to local authorities about the exercise of their functions under the following provisions in consequence of section 16—

(a)Part 2 of the 1968 Act;

(b)sections 22, 23 and 29 of the 1995 Act;

(c)sections 25, 26 and 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);

(d)section 1 of the 2013 Act;

(e)Parts 2 and 3 of the 2016 Act.

(2)A local authority—

(a)must have regard to any guidance issued under subsection (1);

(b)must comply with such guidance issued under subsection (1) as the Scottish Ministers direct;

(c)may disregard, so far as it is inconsistent with guidance issued under subsection (1)—

(i)any guidance issued under section 5(1) of the 1968 Act;

(ii)a code of practice published under section 274(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003.

(3)The Scottish Ministers may—

(a)from time to time revise any guidance issued under subsection (1);

(b)vary or revoke a direction made under subsection (2)(b).

(4)A local authority must not recover a charge under section 87 of the 1968 Act for—

(a)community care services provided to a person if, in reliance on section 16(1), the authority did not—

(i)comply with section 12A of the 1968 Act before providing the services, or

(ii)comply with section 1 of the 2013 Act in relation to the services;

(b)services provided to a child under section 22(1) of the 1995 Act if, in reliance on section 16(7), the authority did not—

(i)where the services were provided following a request being made to the authority in relation to the child under section 23(3) of the 1995 Act, assess the child's needs for the services before providing them, or

(ii)comply with section 1 of the 2013 Act in relation to the services;

(c)advice, guidance or assistance provided to a person under section 29(1) or (5A) of the 1995 Act if, in reliance on section 16(9), the local authority did not carry out an assessment of the person's needs under section 29(5) of that Act before providing the advice, guidance or assistance.

(5)For the purposes of subsection (4), a local authority did not—

(a)comply with a provision if it only partially complied with the provision;

(b)carry out an assessment if it only partially carried out the assessment.

(6)Nothing in subsection (4) prevents a local authority from recovering charges if—

(a)the authority provides—

(i)services in the circumstances described in paragraph (a) or (b) of subsection (4), or

(ii)advice, guidance or assistance in the circumstances described in paragraph (c) of that subsection,

(b)the authority subsequently complies with the provisions mentioned in paragraph (a), (b) or (c) of that subsection (as the case may be) in relation to the services or the advice, guidance or assistance, and

(c)the charges relate only to the period after the authority so complies.

(7)Subsection (8) applies where—

(a)a local authority provides accommodation to a person under Part 2 of the 1968 Act in the circumstances described in paragraph (a) of subsection (4),

(b)the authority subsequently complies with the provisions mentioned in that paragraph in relation to the provision of the accommodation, and

(c)after it complies with those provisions, the authority continues to provide the accommodation to the person.

(8)Despite subsections (4)(a) and (6), the authority may recover charges for the provision of the accommodation for any period—

(a)before the authority complied with the provisions mentioned in subsection (4)(a), and

(b)during which the person was a permanent resident.

(9)For the purposes of subsection (8), a person is a permanent resident if the person is expected to be provided with accommodation by the authority for a period of more than 52 weeks.

(10)Subsection (11) applies where—

(a)any provision of section 16 has had effect for a period, and

(b)that period has ended.

(11)In determining for the purposes of any proceedings whether a local authority has complied with any duty to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors—

(a)the length of any period for which any provision of section 16 had effect, and

(b)the number of relevant assessments which need to be carried out by the local authority following the end of any such period.

(12)In subsection (11), “relevant assessment” means—

(a)an assessment under—

(i)section 12A(1)(a) of the 1968 Act;

(ii)section 23(3) of the 1995 Act;

(iii)section 29(5) of the 1995 Act;

(b)the preparation of—

(i)an adult carer support plan under section 6 of the 2016 Act;

(ii)a young carer statement under section 12 of the 2016 Act.

Other administrative requirements

71Signatures of Treasury Commissioners#

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Postponement of elections, referendums, recall petitions and canvass

59Elections and referendums due to be held in England in period after 15 March 2020#

(1)This section applies to the poll for a relevant election or relevant referendum if the poll—

(a)is required to be held on a day falling within the period beginning with 16 March 2020 and ending with the day 30 days after that on which this Act is passed, but

(b)is not held in that period.

(2)Section 39 of the 1983 Act (local elections void etc) does not apply, and is treated as never having applied, in relation to the poll.

(3)Section 63 of that Act (breach of official duty) does not apply, and is treated as never having applied, in relation to any act or omission in connection with the poll.

(4)In determining for the purpose of this section whether a poll has been held, postal votes are to be ignored.

(5)This section does not affect the application of section 39 or 63 of the 1983 Act in relation to a poll the date for which is determined by virtue of section 61 (power to postpone).

(6)In this section—• “the 1983 Act” means the Representation of the People Act 1983;• “local government area” has the same meaning as in the 1983 Act (see section 203(1) of that Act);• “relevant election” means an election of a councillor for any local government area in England to fill a casual vacancy;• “relevant referendum” means a referendum under or by virtue of Schedule 4B to the Town and Country Planning Act 1990 (referendums on neighbourhood development plans).

60Postponement of elections due to be held on 7 May 2020#

61Power to postpone certain other elections and referendums#

(1)The Secretary of State or the Minister for the Cabinet Office may, by regulations made by statutory instrument, provide—

(a)that the poll for a relevant election or a relevant referendum is to be held on such date, or within such period, as is specified in the regulations;

(b)that polls for relevant elections or relevant referendums that would otherwise be required to be held on dates that fall within a period specified in the regulations are instead to be held on such later date, or within such period, as is specified in the regulations.

(2)For the purposes of this section an election or referendum is “relevant” if—

(a)the date of the poll for the election or the referendum falls within the period beginning with 16 March 2020 and ending with 5 May 2021, and

(b)subsection (3) or (4) applies to it.

(3)This subsection applies to—

(a)an election of a councillor for any local government area in England to fill a casual vacancy;

(b)a local election in Northern Ireland to fill a casual vacancy;

(c)an election to fill a casual vacancy in respect of a constituency member of the Greater London Assembly;

(d)an election to fill a vacancy in the office of the Mayor of London;

(e)an election to fill a casual vacancy in the office of an elected mayor under Part 1A of the Local Government Act 2000;

(f)an election to fill a vacancy in the office of a mayor for the area of a combined authority under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;

(g)an election to fill a vacancy in the office of a police and crime commissioner for a police area.

(4)This subsection applies to—

(a)a poll under section 116 of the Local Government Act 2003 (local polls);

(b)a referendum under section 9MB of the Local Government Act 2000 (referendums on governance arrangements);

(c)a referendum by virtue of section 9MC of the Local Government Act 2000 (referendums following petition);

(d)a referendum under section 52ZG or 52ZN of the Local Government Finance Act 1992 (referendums in relation to council tax);

(e)a referendum under or by virtue of Schedule 4B to the Town and Country Planning Act 1990 (referendums on neighbourhood development plans).

(5)Regulations under subsection (1) must not specify—

(a)a date later than 6 May 2021, or

(b)a period ending later than 6 May 2021.

(6)The power to make regulations under subsection (1) may be exercised more than once in respect of any relevant election or relevant referendum.

(7)Regulations under subsection (1) may make provision by reference to relevant elections or relevant referendums of a description specified in the regulations (for example, by reference to the nature, date or location of the elections or referendums).

(8)The power to make regulations under subsection (1) is capable of being exercised so as to amend, repeal or revoke any enactment.

(9)A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this section—• “local election” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962 (see section 130(1) of that Act);• “local government area” has the same meaning as in the Representation of the People Act 1983 (see section 203(1) of that Act).

62Power to postpone a recall petition under the Recall of MPs Act 2015#

(1)In relation to a Speaker's notice received by a petition officer in the period beginning with the day on which this Act is passed and ending with 21 April 2021, section 7 of the 2015 Act (where and from when a recall petition may be signed) has effect as if for subsection (4) there were substituted—“4 The petition officer must designate under subsection (1)(b)—a a working day that falls no later than 6 May 2021, orb if it is not reasonably practicable to designate such a day, the first subsequent working day that it is reasonably practicable to designate.”

(2)The Secretary of State or the Minister for the Cabinet Office may, by regulations made by statutory instrument, provide that the designated day for a relevant recall petition is postponed until a date specified in the regulations.

(3)For the purposes of this section a recall petition is “relevant” if the day designated in relation to it under section 7(1)(b) of the 2015 Act (date from which petition may be signed) falls within the period beginning with the day on which this Act is passed and ending with 5 May 2021.

(4)The date specified in regulations under subsection (2) must be no later than 6 May 2021.

(5)The power to make regulations under subsection (2) may be exercised more than once in respect of any relevant recall petition.

(6)A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section—• “the 2015 Act” means the Recall of MPs Act 2015;• “the designated day” has the same meaning as in the 2015 Act (see section 7(5) of that Act);• “petition officer” has the same meaning as in the 2015 Act (see section 6(2) of that Act);• “recall petition” has the same meaning as in the 2015 Act (see section 1(2) of that Act);• “Speaker's notice” has the same meaning as in the 2015 Act (see section 5(7) of that Act).

63Power to make supplementary etc provision#

(1)The Secretary of State or the Minister for the Cabinet Office may, by regulations made by statutory instrument, make consequential, supplementary, incidental, transitional or saving provision in connection with sections 60 to 62 or regulations made under them.

(2)Regulations under subsection (1) may, in particular, make provision about—

(a)acts or omissions in connection with an election, referendum or recall petition prior to its postponement (including provision disapplying any enactment imposing criminal liability in respect of such acts or omissions);

(3)Regulations under subsection (1) may make retrospective provision, including provision having effect in relation to times before the coming into force of this Act.

(4)The power to make regulations under subsection (1) is capable of being exercised so as to amend, repeal or revoke any enactment.

(5)A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(b)things that have yet to be done in connection with an election, referendum or recall petition prior to its postponement;

(c)the conduct of elections, referendums or recall petitions that have been postponed or steps to be taken in respect of such elections, referendums or recall petitions;

(d)the manner of voting in elections or referendums, or of signing of recall petitions, that have been postponed;

(e)the terms of office of incumbent office-holders or those elected at a postponed election;

(f)the nomination of candidates;

(g)expenses incurred in relation to elections or referendums by persons other than local authorities (including the expenses of candidates);

(h)compensation for local authorities or candidates incurring additional expenditure as a result of this Act;

(i)the membership or governance arrangements of a local authority in relation to which an order has been made under section 7 of the Local Government and Public Involvement in Health Act 2007 (implementation of structural changes proposals), the membership or governance arrangements of any shadow authority established under such an order, or any other matter dealt with in such an order.

64Northern Ireland: timing of canvass and Assembly by-elections#

(1)Section 10ZA of the Representation of the People Act 1983 (Northern Ireland: timing of the canvass) is amended in accordance with subsections (2) and (3).

(2)In subsection (1)—

(a)after paragraph (a) insert—“aa the year 2021;ab the year 2030;”

(b)in paragraph (b), for “2010” substitute “ 2030 ”.

(3)In subsection (4)—

(a)omit paragraph (b) (including the “and” at the end);

(b)after paragraph (c) insert—“d 2021,e 2030, andf every tenth year following 2030.”

(4)Subsection (5) applies if, at any time during the relevant period, Article 7(2) of the 2001 Order requires the Chief Electoral Officer for Northern Ireland to set a date as the date of the poll for an Assembly by-election.

(5)Before setting the date, the Chief Electoral Officer must consult the Secretary of State.

(6)In subsection (4)—• “the relevant period” means the period beginning with the date on which this Act is passed and ending with 1 February 2021;• “the 2001 Order” means the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599).

Postponement of elections: Scotland

69Postponement of Scottish Parliament elections for constituency vacancies#

(1)This section applies where under section 9 of the Scotland Act 1998 (“the 1998 Act”), an election is to be held to fill a vacant seat of a constituency member (“the election”).

(2)The Presiding Officer may—

(a)where a date has been fixed for the poll for the election, fix a later date (which may be outwith the period required under section 9(3) of the 1998 Act), or

(b)where no such date has been fixed, fix a date for the poll that is outwith that period.

(3)The Presiding Officer must fix a date under subsection (2) for the poll at the election to be held as soon as reasonably practicable.

(4)The Presiding Officer must notify the constituency returning officer for the election of the date fixed for the poll under subsection (2) in the same manner as if it had been fixed under section 9 of the 1998 Act.

(5)The power under subsection (2)—

(a)may be exercised more than once,

(b)may not be exercised so as to fix a date for the poll at the election that is within the period mentioned in section 9(4) of the 1998 Act, and

(c)may not be exercised so as to fix a date after 6 May 2021.

(6)Before exercising the power under subsection (2), the Presiding Officer must consult—

(a)the Scottish Ministers, and

(b)the convener of the Electoral Management Board for Scotland.

(7)Subsection (8) applies where—

(a)notice of the date for the poll for the election has been published under Part 1 of Schedule 2 to the Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425) (“the 2015 Order”), and

(b)under subsection (2)(a), the Presiding Officer fixes a later date for the poll (“the new date”).

(8)The constituency returning officer must—

(a)publish a notice stating that the date has changed, and

(b)comply with the requirements of Part 1 of Schedule 2 to the 2015 Order as if the new date had just been fixed under section 9 of the 1998 Act.

(9)In this section “constituency returning officer” has the same meaning as in the 2015 Order.

70Postponement of local authority elections in Scotland for casual vacancies#

(1)This section applies where under section 37 of the Local Government (Scotland) Act 1973 (“the 1973 Act”), an election is to be held to fill a casual vacancy in the office of councillor in a local authority (“the election”).

(2)The returning officer may—

(a)where a date has been fixed for the poll for the election, fix a later date (which may be outwith the period required under section 37(1) of the 1973 Act), or

(b)where no such date has been fixed, fix a date for the poll that is outwith that period.

(3)The returning officer must fix a date under subsection (2) for the poll at the election to be held as soon as reasonably practicable.

(4)The power under subsection (2)—

(a)may be exercised more than once,

(b)may not be exercised so as to fix a date for the poll at the election that is within the period mentioned in subsection (2) of section 37 of the 1973 Act, unless the holding of the election within that period is permitted under that subsection, and

(c)may not be exercised so as to fix a date after 6 May 2021.

(5)Before exercising the power under subsection (2), the returning officer must consult—

(a)the Scottish Ministers, and

(b)the convener of the Electoral Management Board for Scotland.

(6)Subsection (7) applies where—

(a)notice of the date for the poll for the election has been published under Part 1 of Schedule 1 to the Scottish Local Government Elections Order 2011 (S.S.I. 2011/399) (“the 2011 Order”), and

(b)under subsection (2)(a), the returning officer fixes a later date for the poll (“the new date”).

(7)The returning officer must—

(a)publish a notice stating that the date has changed, and

(b)comply with the requirements of Part 1 of Schedule 1 to the 2011 Order as if the new date had just been fixed under section 37 of the 1973 Act.

(8)In this section—• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and “area” in relation to a local authority means the local government area for which the authority is constituted;• “returning officer”, in relation to a local authority, means an officer appointed by the local authority under section 41(1) of the Representation of the People Act 1983.

Postponement of elections: Wales

65Elections due to be held in Wales in period after 15 March 2020#

(1)This section applies to the poll for a relevant election if the poll—

(a)is required to be held on a day falling within the period beginning with 16 March 2020 and ending with the day 30 days after that on which this Act is passed, but

(b)is not held in that period.

(2)Section 39 of the 1983 Act (local elections void etc) does not apply, and is treated as never having applied, in relation to the poll.

(3)Section 63 of that Act (breach of official duty) does not apply, and is treated as never having applied, in relation to any act or omission in connection with the poll.

(4)In determining for the purpose of this section whether a poll has been held, postal votes are to be ignored.

(5)This section does not affect the application of section 39 or 63 of the 1983 Act in relation to a poll the date for which is determined by virtue of section 67 (power to postpone).

(6)In this section—• “the 1983 Act” means the Representation of the People Act 1983;• “relevant election” means an election to fill a casual vacancy in the office of councillor in a county council, county borough council or community council in Wales.

66Postponement of National Assembly for Wales elections for constituency vacancies#

(1)This section applies where under section 10 of the Government of Wales Act 2006 (“the 2006 Act”), an election is to be held to fill a vacant seat of a constituency member (“the election”).

(2)The Presiding Officer may, where a date has been fixed for the poll for the election, fix a later date (which may be outwith the period required under section 10(5) or (6) of the 2006 Act).

(3)The Presiding Officer must fix a date under subsection (2) for the poll for the election to be held as soon as reasonably practicable.

(4)The power under subsection (2)—

(a)may be exercised more than once,

(b)may not be exercised so as to fix a date for the poll for the election that is within the period mentioned in 10(7) of the 2006 Act, and

(c)may not be exercised so as to fix a date after 6 May 2021.

(5)Before exercising the power under subsection (2), the Presiding Officer must consult the Welsh Ministers.

67Power to postpone local authority elections in Wales for casual vacancies#

(1)The Welsh Ministers may, by regulations made by statutory instrument, provide—

(a)that the poll for a relevant election is to be held on such date, or within such period, as is specified in the regulations;

(b)that polls for relevant elections that would otherwise be required to be held on dates that fall within a period specified in the regulations are instead to be held on such later date, or within such period, as is specified in the regulations.

(2)For the purposes of this section an election is “relevant” if—

(a)the date of the poll for the election falls within the period beginning with 16 March 2020 and ending with 5 May 2021, and

(b)it is an election to fill a casual vacancy in the office of councillor in a county council, county borough council or community council in Wales.

(3)Regulations under subsection (1) must not specify—

(a)a date later than 6 May 2021, or

(b)a period ending later than 6 May 2021.

(4)The power to make regulations under subsection (1) may be exercised more than once in respect of any relevant election.

(5)Regulations under subsection (1) may make provision by reference to relevant elections of a description specified in the regulations (for example, by reference to the nature, date or location of the elections).

(6)The power to make regulations under subsection (1) is capable of being exercised so as to amend or repeal a provision of an Act of Parliament or of an Act or Measure of the National Assembly for Wales.

(7)A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

68Power to make supplementary etc provision#

(1)The Welsh Ministers may, by regulations made by statutory instrument, make consequential, supplementary, incidental, transitional or saving provision in connection with section 66 or regulations made under section 67.

(2)Regulations under subsection (1) may, in particular, make provision about—

(a)acts or omissions in connection with an election prior to its postponement (including provision disapplying any enactment imposing criminal liability in respect of such acts or omissions);

(3)Regulations under subsection (1) may make retrospective provision, including provision having effect in relation to times before the coming into force of this Act.

(4)The power to make regulations under subsection (1) is capable of being exercised so as to amend or repeal a provision of an Act of Parliament or of an Act or Measure of the National Assembly for Wales.

(5)A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(b)things that have yet to be done in connection with an election prior to its postponement;

(c)the conduct of elections that have been postponed or steps to be taken in respect of such elections;

(d)the manner of voting in elections that have been postponed;

(e)the terms of office of incumbent office-holders or those elected at a postponed election;

(f)the nomination of candidates;

(g)expenses incurred in relation to elections by persons other than local authorities (including the expenses of candidates);

(h)compensation for local authorities or candidates incurring additional expenditure as a result of the Act.

Power to suspend port operations

50Power to suspend port operations#

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Powers in relation to bodies

58Powers in relation to transportation, storage and disposal of dead bodies etc#

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Powers relating to events, gatherings and premises

52Powers to issue directions relating to events, gatherings and premises#

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Powers relating to potentially infectious persons

51Powers relating to potentially infectious persons#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protection of public health

48Powers to act for the protection of public health: Northern Ireland#

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49Health protection regulations: Scotland#

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Registration of deaths and still-births etc

18Registration of deaths and still-births etc#

(1)Part 1 of Schedule 13 contains temporary modifications of legislation relating to the registration of deaths and still-births in England and Wales, and related provision.

(2)Part 2 of Schedule 13 contains temporary modifications of legislation relating to the registration of deaths and still-births in Scotland, and related provision.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19Confirmatory medical certificate not required for cremations: England and Wales#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)At the end of a period for which this section has effect, it continues to apply in relation to the cremation of the remains of a person who died during that period but whose remains have not been cremated unless, at the end of that period, a medical certificate has not been completed in relation to the deceased person for the purposes of regulation 16(1)(c)(i) of the Cremation (England and Wales) Regulations 2008.

20Review of cause of death certificates and cremations: Scotland#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21Modifications of requirements regarding medical certificates for cremations: Northern Ireland#

(4)

(a)paragraph (e) has effect as if the reference to “the medical certificates” did not include the confirmatory medical certificate (Form C);

(b)paragraph (f) has effect as if—

(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the reference to “the certificates” did not include the confirmatory medical certificate (Form C).

(6)

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)in the Note at the end, for “the medical practitioner who is to give the confirmatory medical certificate on Form C” there were substituted “ the Medical Referee ”.

(7)At the end of a period for which this section has effect, it continues to apply in relation to the cremation of the remains of a person who died during that period but whose remains have not been cremated unless, at the end of that period, a certificate in Form B in the Schedule to the Cremation (Belfast) Regulations (Northern Ireland) 1961 has not been completed in relation to the deceased person for the purposes of regulation 10(a) of those Regulations.

Residential tenancies: protection from eviction

81Residential tenancies in England and Wales: protection from eviction#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schools, childcare providers etc

37Temporary closure of educational institutions and childcare premises#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38Temporary continuity: education, training and childcare#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory sick pay

39Statutory sick pay: funding of employers' liabilities#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40Statutory sick pay: power to disapply waiting period limitation#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41Statutory sick pay: modification of regulation making powers#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42Statutory sick pay: funding of employers' liabilities: Northern Ireland#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43Statutory sick pay: power to disapply waiting period limitation: Northern Ireland#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44Statutory sick pay: modification of regulation making powers: Northern Ireland#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary registration of social workers

6Emergency registration of social workers: England and Wales#

Schedule 5 contains temporary modifications of—

(a)the Social Workers Regulations 2018 (S.I. 2018/893), and

(b)the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

7Temporary registration of social workers: Scotland#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Up-rating of working tax credit etc

77Up-rating of working tax credit etc#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vaccinations: Scotland

36Vaccination and immunisation: Scotland#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 · Final provisions

85Interpretation#

In this Act “Minister of the Crown” means the holder of an office in Her Majesty's Government in the United Kingdom.

86Financial provision#

(1)There is to be paid out of money provided by Parliament—

(a)any expenditure which is incurred by a Minister of the Crown, government department or other public authority by virtue of this Act,

(b)any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided, and

(c)any other expenditure which is incurred by a Minister of the Crown, government department or other public authority in connection with the making of payments, or the giving of financial assistance to a person (whether directly or indirectly), as a result of coronavirus or coronavirus disease.

(2)In subsection (1)(c)—

(a)the reference to expenditure includes expenditure incurred before or after the passing of this Act, and

(b)“financial assistance” includes assistance provided by way of grant, loan, guarantee or indemnity, and any other kind of financial assistance (actual or contingent).

87Commencement#

(1)This Act comes into force on the day on which this Act is passed, subject to subsection (2).

(2)The following provisions of this Act come into force on such day as a Minister of the Crown may by regulations appoint, subject to subsections (3) to (9)—

(a)section 8 (and Schedule 7);

(b)section 9;

(c)section 10 (and Schedules 8, 9, 10 and 11);

(d)section 15 (and Schedule 12);

(e)section 16;

(f)section 17;

(g)section 18 (and Schedule 13);

(h)section 19;

(i)section 21;

(j)sections 25 to 29 (and Schedule 15).

(3)In the case of provision made by regulations under subsection (2) which could also be made by an authority under subsection (4), (6) or (8), a Minister of the Crown may not make the provision without the authority's consent.

(4)If the condition in subsection (5) is met, the Welsh Ministers may by regulations provide that a provision of this Act to which subsection (2) applies comes into force, so far as it extends to England and Wales and applies in relation to Wales, on a day appointed by the regulations.

(5)The condition is that, so far as it extends to England and Wales and applies in relation to Wales, the provision would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(6)If the condition in subsection (7) is met, the Scottish Ministers may by regulations provide that a provision of this Act to which subsection (2) applies comes into force so far as it extends to Scotland on a day appointed by the regulations.

(7)The condition is that, so far as it extends to Scotland, the provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(8)If the condition in subsection (9) is met, a Northern Ireland department may by order provide that a provision of this Act to which subsection (2) applies comes into force so far as it extends to Northern Ireland on a day appointed by the order.

(9)The condition is that the provision, so far as it extends to Northern Ireland—

(a)would be within the legislative competence of the Northern Ireland Assembly, and

(b)would not require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

(10)Different days may be appointed under subsection (2), (4), (6) or (8) for different purposes or areas.

(11)A Minister of the Crown may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act, subject as follows.

(12)In the case of provision made by regulations under subsection (11) which could also be made by an authority under any of subsections (13) to (15), a Minister of the Crown may not make the provision without the authority's consent.

(13)The Welsh Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force in relation to Wales of a provision of this Act if the Welsh Ministers—

(a)have the power to bring the provision into force in relation to Wales by virtue of subsection (4) (whether or not it has been brought into force), or

(b)would have that power if the provision were listed in subsection (2).

(14)The Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force in relation to Scotland of a provision of this Act if the Scottish Ministers—

(a)have the power to bring the provision into force in relation to Scotland by virtue of subsection (6) (whether or not it has been brought into force), or

(b)would have that power if the provision were listed in subsection (2).

(15)A Northern Ireland department may by order make transitional, transitory or saving provision in connection with the coming into force in relation to Northern Ireland of any provision of this Act if a Northern Ireland department—

(a)has the power to bring the provision into force in relation to Northern Ireland by virtue of subsection (8) (whether or not it has been brought into force), or

(b)would have that power if the provision were listed in subsection (2).

(16)Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(17)Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

88Power to suspend and revive provisions of this Act#

(1)A relevant national authority may by regulations suspend the operation of any provision of this Act.

(2)Section 16(1) of the Interpretation Act 1978 applies in relation to the suspension of a provision of this Act by regulations under subsection (1) as if the provision had been repealed by an Act.

(3)A relevant national authority may by regulations revive the operation of a provision of this Act suspended by regulations under subsection (1).

(4)The power in subsection (1) and the power in subsection (3) may be exercised more than once in relation to the same provision.

(5)Regulations under this section—

(a)may make different provision for different purposes or areas;

(b)may make transitional, transitory or saving provision.

(6)References in this section to a provision of this Act do not include—

(a)section 1;

(b)section 2 (and Schedule 1);

(c)section 5 and Schedule 4 so far as they—

(i)make provision about a person who has been registered in the register of pharmaceutical chemists or against whose name in that register an annotation has been recorded, or

(ii)make provision for or in connection with the revocation of a person's registration or the removal of an annotation;

(d)section 6(a) and paragraph 1 of Schedule 5 so far as they—

(i)make provision about a person who has been registered in any register by virtue of that Schedule, or

(ii)make provision for or in connection with the revocation of a person's registration;

(e)section 6(b) (and paragraph 2 of Schedule 5);

(f)sections 11, 12 and 13;

(g)section 17;

(h)section 19(11);

(i)section 21(7);

(j)section 34;

(k)section 35;

(l)section 36;

(m)section 37(2) (and Part 2 of Schedule 16);

(n)section 38(2) (and Part 2 of Schedule 17);

(o)section 45;

(p)section 46;

(q)section 47;

(r)section 48 (and Schedule 18);

(s)section 49 (and Schedule 19);

(t)section 50 (and Schedule 20);

(u)section 51 (and Schedule 21);

(v)section 52 (and Schedule 22);

(w)sections 59 to 70;

(x)sections 72 to 74;

(y)section 75;

(z)a provision of this Part;

(z1)Parts 2 to 5 of Schedule 7, and section 8 so far as relating to those Parts;

(z2)Part 3 of Schedule 8, and section 10(1) and Part 1 of that Schedule so far as relating to that Part;

(z3)Parts 3 and 4 of Schedule 10, and section 10(3) and Part 1 of that Schedule so far as relating to those Parts;

(z4)Parts 3 and 4 of Schedule 11, and section 10(4) and Part 1 of that Schedule so far as relating to those Parts;

(z5)paragraphs 3(2) and (3), 10, 13, 18, 30, 33 and 35 of Schedule 12, and section 15 and paragraphs 1 and 19 of that Schedule so far as relating to those paragraphs;

(z6)paragraphs 8, 9, 15, 16 and 30 of Schedule 13, and section 18 and paragraphs 1, 10 and 17 of that Schedule so far as relating to those paragraphs.

(7)In this section “relevant national authority” means a Minister of the Crown, subject as follows.

(8)In the case of regulations under this section which could also be made by an authority by virtue of subsection (9), (11) or (13), a Minister of the Crown may not make the regulations without the authority's consent.

(9)The Welsh Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to England and Wales and applies in relation to Wales, and

(b)so far as it so extends and applies, it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(10)The power of the Welsh Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to England and Wales and applies in relation to Wales.

(11)The Scottish Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to Scotland, and

(b)so far as it so extends, it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(12)The power of the Scottish Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Scotland.

(13)A Northern Ireland department is also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to Northern Ireland, and

(b)so far as it so extends, were it contained in an Act of the Northern Ireland Assembly—

(i)it would be within the legislative competence of that Assembly, and

(ii)it would not require the consent of the Secretary of State.

(14)References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.

(15)The power of a Northern Ireland department to make an order under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Northern Ireland.

(16)Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(17)Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

89Expiry#

(1)This Act expires at the end of the period of 2 years beginning with the day on which it is passed, subject to subsection (2) and section 90.

(2)Subsection (1) does not apply to—

(a)section 1;

(b)section 2 and Schedule 1 so far as they—

(i)make provision about a person who has been registered in any register by virtue of that Schedule, or

(ii)make provision for or in connection with the revocation of a person's registration;

(c)section 5 and Schedule 4 so far as they—

(i)make provision about a person who has been registered in the register of pharmaceutical chemists or against whose name in that register an annotation has been recorded, or

(ii)make provision for or in connection with the revocation of a person's registration or the removal of an annotation;

(d)section 6 and Schedule 5 so far as they—

(i)make provision about a person who has been registered in any register by virtue of that Schedule, or

(ii)make provision for or in connection with the revocation of a person's registration;

(e)sections 11, 12 and 13;

(f)section 17;

(g)section 19(11);

(h)section 21(7);

(i)sections 59 to 70;

(j)sections 72 to 74;

(k)section 75(1);

(l)section 76;

(m)this Part;

(n)Parts 2 to 5 of Schedule 7, and section 8 so far as relating to those Parts;

(o)Part 3 of Schedule 8, and section 10(1) and Part 1 of that Schedule so far as relating to that Part;

(p)Parts 3 and 4 of Schedule 10, and section 10(3) and Part 1 of that Schedule so far as relating to those Parts;

(q)Parts 3 and 4 of Schedule 11, and section 10(4) and Part 1 of that Schedule so far as relating to those Parts;

(r)paragraphs 3(2) and (3), 10, 13, 18, 30, 33 and 35 of Schedule 12, and section 15 and paragraphs 1 and 19 of that Schedule so far as relating to those paragraphs;

(s)paragraphs 8, 9, 15, 16 and 30 of Schedule 13, and section 18 and paragraphs 1, 10 and 17 of that Schedule so far as relating to those paragraphs.

(3)A Minister of the Crown may by regulations make transitional, transitory or saving provision in connection with the expiry of any provision of this Act.

(4)In the case of provision made by regulations under subsection (3) which could also be made by an authority under subsection (5), (7) or (9), a Minister of the Crown may not make the provision without the authority's consent.

(5)If the condition in subsection (6) is met, the Welsh Ministers may by regulations make transitional, transitory or saving provision in connection with the expiry in relation to Wales of any provision of this Act.

(6)The condition is that, so far as it extends to England and Wales and applies to Wales, the provision would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(7)If the condition in subsection (8) is met, the Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the expiry in relation to Scotland of any provision of this Act.

(8)The condition is that, so far as it extends to Scotland, the provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(9)If the condition in subsection (10) is met, a Northern Ireland department may by order make transitional, transitory or saving provision in connection with the expiry in relation to Northern Ireland of any provision of this Act.

(10)The condition is that the provision, so far as it extends to Northern Ireland—

(a)would be within the legislative competence of the Northern Ireland Assembly, and

(b)would not require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

(11)The power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(12)The power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

90Power to alter expiry date#

(1)A relevant national authority may by regulations provide that any provision of this Act—

(a)does not expire at the time when it would otherwise expire (whether by virtue of section 89 or previous regulations under this subsection or subsection (2)), and

(b)expires instead at such earlier time as is specified in the regulations.

(2)A relevant national authority may by regulations provide that any provision of this Act—

(a)does not expire at the time when it would otherwise expire (whether by virtue of section 89 or previous regulations under this subsection or subsection (1)), and

(b)expires instead at such later time as is specified in the regulations.

(3)A time specified under subsection (2) in relation to a provision of this Act must not be later than the end of the period of 6 months beginning with the time when the provision would otherwise have expired (whether by virtue of section 89 or previous regulations under subsection (1) or (2)).

(4)Regulations under this section—

(a)may make different provision for different purposes or areas;

(b)may make transitional, transitory or saving provision.

(5)In this section “relevant national authority” means a Minister of the Crown, subject as follows.

(6)In the case of regulations under this section which could also be made by an authority by virtue of subsection (7), (9) or (11), a Minister of the Crown may not make the regulations without the authority's consent.

(7)The Welsh Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to England and Wales and applies in relation to Wales, and

(b)so far as it so extends and applies, it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(8)The power of the Welsh Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to England and Wales and applies in relation to Wales.

(9)The Scottish Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to Scotland, and

(b)so far as it so extends, it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(10)The power of the Scottish Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Scotland.

(11)A Northern Ireland department is also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to Northern Ireland, and

(b)so far as it so extends, were it contained in an Act of the Northern Ireland Assembly—

(i)it would be within the legislative competence of that Assembly, and

(ii)it would not require the consent of the Secretary of State.

(12)References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.

(13)The power of a Northern Ireland department to make an order under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Northern Ireland.

(14)Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(15)Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

91Power to amend Act in consequence of amendments to subordinate legislation#

(1)A relevant national authority may by regulations amend or repeal any provision of this Act which modifies a provision of subordinate legislation.

(2)The power in subsection (1) may be exercised only if the amendment or repeal is necessary in consequence of the amendment or revocation of the provision of subordinate legislation by other subordinate legislation.

(3)Regulations under subsection (1) may make transitional, transitory or saving provision.

(4)In this section “relevant national authority” means a Minister of the Crown, subject as follows.

(5)In the case of regulations under subsection (1) which could also be made by an authority by virtue of any of subsections (6) to (8), a Minister of the Crown may not make the regulations without the authority's consent.

(6)The Welsh Ministers are also a relevant national authority in relation to regulations under subsection (1) which make provision which would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(7)The Scottish Ministers are also a relevant national authority in relation to regulations under subsection (1) which make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(8)A Northern Ireland department is also a relevant national authority in relation to regulations under subsection (1) which make provision which, if it were contained in an Act of the Northern Ireland Assembly—

(a)would be within the legislative competence of that Assembly, and

(b)would not require the consent of the Secretary of State.

(9)Any power of a Minister of the Crown or the Welsh Ministers to make regulations under subsection (1) is exercisable by statutory instrument.

(10)References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.

(11)Any power of a Northern Ireland department to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(12)In this section “subordinate legislation” means—

(a)subordinate legislation within the meaning of the Interpretation Act 1978,

(b)an instrument made under an Act or Measure of the National Assembly for Wales,

(c)an instrument made under an Act of the Scottish Parliament, or

(d)an instrument made under Northern Ireland legislation.

92Power to make consequential modifications#

(1)A relevant national authority may by regulations make provision for an enactment to have effect with modifications in consequence of any provision of this Act.

(2)Without prejudice to section 14 of the Interpretation Act 1978 (implied power to amend), a relevant national authority may by regulations amend or revoke any regulations made by the authority under subsection (1) in consequence of—

(a)the exercise of a power under section 88,

(b)the expiry of a provision of this Act under section 89, or

(c)the exercise of a power under section 90.

(3)Regulations under this section may make transitional, transitory or saving provision.

(4)In this section “relevant national authority” means a Minister of the Crown, subject as follows.

(5)In the case of regulations under this section which could also be made by an authority by virtue of any of subsections (6) to (8), a Minister of the Crown may not make the regulations without the authority's consent.

(6)The Welsh Ministers are also a relevant national authority in relation to regulations under this section which make provision which would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(7)The Scottish Ministers are also a relevant national authority in relation to regulations under this section which make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(8)A Northern Ireland department is also a relevant national authority in relation to regulations under this section which make provision which, if it were contained in an Act of the Northern Ireland Assembly—

(a)would be within the legislative competence of that Assembly, and

(b)would not require the consent of the Secretary of State.

(9)Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(10)References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.

(11)Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(12)In this section “enactment” includes—

(a)an enactment comprised in an Act or Measure of the National Assembly for Wales,

(b)an enactment comprised in an Act of the Scottish Parliament,

(c)an enactment comprised in Northern Ireland legislation, and

(d)an enactment comprised in subordinate legislation.

(13)In this section “subordinate legislation” means—

(a)subordinate legislation within the meaning of the Interpretation Act 1978,

(b)an instrument made under an Act or Measure of the National Assembly for Wales,

(c)an instrument made under an Act of the Scottish Parliament, or

(d)an instrument made under Northern Ireland legislation.

93Procedure for certain regulations made by a Minister of the Crown#

(1)A statutory instrument containing regulations made by a Minister of the Crown under section 90(1) (other than regulations made in accordance with section 98(1)) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2)A statutory instrument containing regulations made by a Minister of the Crown under section 90(2) must be laid before Parliament as soon as reasonably practicable after being made.

(3)A statutory instrument containing regulations made by a Minister of the Crown under section 91(1) must be laid before Parliament as soon as reasonably practicable after being made.

(4)A statutory instrument containing regulations made by a Minister of the Crown under section 92—

(a)if the regulations only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of either House of Parliament;

(b)otherwise, must be laid before Parliament as soon as reasonably practicable after being made.

(5)Subsection (2), (3) or (4)(b) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6)Regulations contained in an instrument laid before Parliament by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

(7)In calculating the period of 40 days, no account is to be taken of any time during which—

(a)Parliament is dissolved or prorogued, or

(b)both Houses of Parliament are adjourned for more than 4 days.

(8)Where regulations cease to have effect as a result of subsection (6) that does not—

(a)affect anything previously done under or by virtue of the regulations, or

(b)prevent the making of new regulations.

94Procedure for certain regulations made by the Welsh Ministers#

(1)A statutory instrument containing regulations made by the Welsh Ministers under section 90(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(2)A statutory instrument containing regulations made by the Welsh Ministers under section 90(2) must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.

(3)A statutory instrument containing regulations made by the Welsh Ministers under section 91(1) must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.

(4)A statutory instrument containing regulations made by the Welsh Ministers under section 92—

(a)if the regulations only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of the National Assembly for Wales;

(b)otherwise, must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.

(5)Subsection (2), (3) or (4)(b) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(6)Regulations contained in an instrument laid before the National Assembly for Wales by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.

(7)In calculating the period of 40 days, no account is to be taken of any time during which the National Assembly for Wales is—

(a)dissolved, or

(b)in recess for more than 4 days.

(8)Where regulations cease to have effect as a result of subsection (6) that does not—

(a)affect anything previously done under or by virtue of the regulations, or

(b)prevent the making of new regulations.

95Procedure for certain regulations made by the Scottish Ministers#

(1)Regulations made by the Scottish Ministers under section 90(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)).

(2)Regulations made by the Scottish Ministers under section 90(2) must be laid before the Scottish Parliament as soon as reasonably practicable after being made.

(3)Regulations made by the Scottish Ministers under section 91(1) must be laid before the Scottish Parliament as soon as reasonably practicable after being made.

(4)Regulations made by the Scottish Ministers under section 92—

(a)if they only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010);

(b)otherwise, must be laid before the Scottish Parliament as soon as reasonably practicable after being made.

(5)Subsection (2), (3) or (4)(b) does not apply if the regulations have been subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(6)Regulations laid before the Scottish Parliament by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.

(7)In calculating the period of 40 days, no account is to be taken of any time during which the Scottish Parliament is—

(a)dissolved, or

(b)in recess for more than 4 days.

(8)Where regulations cease to have effect as a result of subsection (6) that does not—

(a)affect anything previously done under or by virtue of the regulations, or

(b)prevent the making of new regulations.

96Procedure for certain orders made by a Northern Ireland department#

(1)An order made by a Northern Ireland department under section 90(1) is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(2)An order made by a Northern Ireland department under section 90(2) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.

(3)An order made by a Northern Ireland department under section 91(1) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.

(4)An order under section 92 made by a Northern Ireland department—

(a)if the order only provides for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954;

(b)otherwise, must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.

(5)Subsection (2), (3) or (4)(b) does not apply if a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(6)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(7)An order laid before the Northern Ireland Assembly by virtue of subsection (2), (3) or (4)(b) ceases to have effect at the end of the period of 40 days beginning with the day on which the order is made unless, during that period, the instrument is approved by a resolution of the Northern Ireland Assembly.

(8)In calculating the period of 40 days, no account is to be taken of any time during which the Northern Ireland Assembly is—

(a)dissolved,

(b)in recess for more than 4 days, or

(c)adjourned for more than 6 days.

(9)Where an order ceases to have effect as a result of subsection (7) that does not—

(a)affect anything previously done under or by virtue of the order, or

(b)prevent the making of a new order.

97Reports by Secretary of State on status of non-devolved provisions of this Act#

(1)The Secretary of State must—

(a)in respect of each reporting period, prepare and publish a report on the status of the provisions of Part 1 of this Act;

(b)include in the report a statement that the Secretary of State is satisfied that the status of those provisions is appropriate.

(2)A reference in this section to a provision of this Act is to the provision only so far as the Secretary of State is responsible for it (see subsection (6)).

(3)The references in subsection (1) to the “status” of a provision are to—

(a)whether the provision is in force at the end of the reporting period, and

(b)whether any power under the following provisions has been exercised by a Minister of the Crown in relation to it during that period (and, if so, which and how)—

(i)section 87(2) (regulations bringing provision into force);

(ii)section 88(1) or (3) (regulations suspending or reviving provision);

(iii)section 90(1) or (2) (regulations altering expiry date of provision).

(4)Each of the following is a “reporting period”—

(a)the period of 2 months beginning with the day on which this Act is passed;

(b)each successive period of 2 months that ends during the substantive operational period of this Act.

(5)The “substantive operational period of this Act” is —

(a)the two-year period mentioned in section 89(1), or

(b)if different, the period—

(i)beginning with the day on which this Act is passed, and

(ii)ending with the time of expiry of the provision of this Act which, by virtue of regulations made by a Minister of the Crown under section 90(2), expires the latest.

(6)The Secretary of State is responsible for a provision of this Act so far as—

(a)it extends to England and Wales and applies in relation to England;

(b)it—

(i)extends to England and Wales and applies in relation to Wales, or extends to Scotland or Northern Ireland, and

(ii)is outside devolved legislative competence in Wales, Scotland or Northern Ireland (as the case may be).

(7)A provision is “outside devolved legislative competence”—

(a)in relation to Wales, if it would not be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975, that such consent were given);

(b)in relation to Scotland, if it would not be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;

(c)in relation to Northern Ireland, if—

(i)it would not be within the legislative competence of the Northern Ireland Assembly, or

(ii)it would require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

(8)The Secretary of State must lay each report prepared under subsection (1) before Parliament.

(9)If the Secretary of State does not prepare and publish the report required by subsection (1) within 7 days beginning with the end of a reporting period, the Secretary of State must—

(a)explain why in a statement made in writing, and

(b)publish the statement.

98Six-month parliamentary review#

(1)If the House of Commons rejects a motion in the form set out in subsection (2), moved in accordance with subsection (3) by a Minister of the Crown, a Minister of the Crown must exercise the power conferred by section 90(1) so as to ensure that the relevant temporary provisions expire not later than the end of the period of 21 days beginning with the day on which the rejection takes place.

(2)The form of the motion is—“That the temporary provisions of the Coronavirus Act 2020 should not yet expire.”

(3)So far as practicable, a Minister of the Crown must make arrangements for the motion mentioned in subsection (1) to be debated and voted on by the House of Commons within a period of 7 sitting days beginning immediately after each 6 month review period.

(4)In this section—• “6 month review period” means—(a) the period of 6 months beginning with the day on which this Act is passed, and(b) each subsequent period of 6 months,but only (in each case) if at least one relevant temporary provision still exists at the end of the period (whether or not that provision has ever been brought into force or is at that time suspended);• “relevant temporary provision” means any provision of this Act—(a) which is not listed in section 89(2) (provisions not subject to expiry), and(b) in respect of which a Minister of the Crown could make provision under section 90(1) (early expiry regulations) without the consent of the Welsh Ministers, the Scottish Ministers or a Northern Ireland department;• “sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day).

99Parliamentary consideration of status of non-devolved provisions of this Act#

(1)This section applies where the substantive operational period of this Act is longer than the period of one year beginning with the day on which this Act is passed.

(2)A Minister of the Crown must make arrangements for—

(a)a motion in neutral terms, to the effect that the House of Commons has considered the one-year status report, to be moved in that House by a Minister of the Crown within the period of 14 Commons sitting days beginning with the day after the end of the sixth reporting period, and

(b)a motion for the House of Lords to take note of the one-year status report to be moved in that House by a Minister of the Crown within the period of 14 Lords sitting days beginning with the day after the end of the sixth reporting period.

(3)The “one-year status report” is the report required to be prepared by the Secretary of State under section 97 in respect of the sixth reporting period.

(4)In this section—• “Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);• “Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day);• “reporting period” and “substantive operational period of this Act” have the same meaning as in section 97.

100Extent#

(1)The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a)section 1;

(b)section 2 (and Schedule 1);

(c)section 8, so far as it relates to Parts 1, 2 and 5 of Schedule 7 (and those Parts of that Schedule);

(d)section 9;

(e)sections 22 and 23;

(f)section 24;

(g)sections 25 to 29 (and Schedule 15);

(h)section 50 (and Schedule 20);

(i)section 51 (and Schedule 21);

(j)section 52 (and Schedule 22);

(k)section 54, so far as it relates to Part 2 of Schedule 24 (and that Part of that Schedule);

(l)section 55, so far as it relates to paragraph 2 of Schedule 25 (and that paragraph of that Schedule);

(m)section 58 (and Schedule 28);

(n)sections 62 to 64 and 66;

(o)sections 68 and 69;

(p)section 71;

(q)sections 72 to 74;

(r)section 75;

(s)section 76;

(t)section 77(1) and (2);

(u)this Part.

(2)The following provisions extend to England and Wales and Scotland only—

(a)section 8, so far as it relates to Part 3 of Schedule 7 (and that Part of that Schedule);

(b)sections 39 to 41;

(c)section 77(3).

(3)The following provisions extend to England and Wales and Northern Ireland only—

(a)section 61;

(b)section 78.

(4)The following provisions extend to England and Wales only—

(a)section 3 (and Schedule 2);

(b)section 6 (and Schedule 5);

(c)section 10(1) (and Schedule 8);

(d)section 11;

(e)sections 14 and 15 (and Schedule 12);

(f)section 18(1) (and Part 1 of Schedule 13);

(g)section 19;

(h)section 30;

(i)section 33;

(j)section 37(1) (and Part 1 of Schedule 16);

(5)The following provisions extend to Scotland only—

(a)section 4 (and Schedule 3);

(b)section 7 (and Schedule 6);

(c)section 10(2) (and Schedule 9);

(d)section 12;

(e)sections 16 and 17;

(f)section 18(2) (and Part 2 of Schedule 13);

(g)section 20 (and Schedule 14);

(h)sections 34 and 35;

(i)section 36;

(j)section 37(2) (and Part 2 of Schedule 16);

(6)The following provisions extend to Northern Ireland only—

(a)section 5 (and Schedule 4);

(b)section 8, so far as it relates to Part 4 of Schedule 7 (and that Part of that Schedule);

(c)section 10(3) and (4) (and Schedules 10 and 11);

(d)section 13;

(e)section 18(3) (and Part 3 of Schedule 13);

(f)section 21;

(g)section 31;

(h)section 32;

(i)section 37(3) (and Part 3 of Schedule 16);

(j)section 38(3) (and Part 3 of Schedule 17);

(k)sections 42 to 44;

(l)section 47;

(m)section 48 (and Schedule 18);

(n)section 57 (and Schedule 27);

(o)section 80;

(p)section 83.

(k)section 38(1) (and Part 1 of Schedule 17);

(k)section 38(2) (and Part 2 of Schedule 17);

(l)section 45;

(l)section 46;

(m)section 53 (and Schedule 23);

(m)section 49 (and Schedule 19);

(n)section 54, so far as it relates to Parts 1 and 3 of Schedule 24 (and those Parts of that Schedule);

(n)section 70.

(o)section 55, so far as it relates to paragraph 1 of Schedule 25 (and that paragraph of that Schedule);

(p)section 56 (and Schedule 26);

(q)sections 59, 60, 65 and 67;

(r)section 79;

(s)section 81 (and Schedule 29);

(t)section 82;

(u)section 84.

101Extension to the Isle of Man#

Her Majesty may by Order in Council provide for the extension, with or without modifications, to the Isle of Man of any provision of this Act which is capable of so extending.

102Short title#

This Act may be cited as the Coronavirus Act 2020.

Schedule 1 · Emergency registration of nurses and other health and care professionals

Nursing and Midwifery Order 2001

(1)

(1)The Nursing and Midwifery Order 2001 (S.I. 2002/253) has effect as if it were subject to the following modifications.

(2)The Order has effect as if after article 9 there were inserted—“9A 1 The Registrar may register a person as a registered nurse, midwife or nursing associate, or the persons comprising a specified group of persons as registered nurses, midwives or nursing associates, if—a the Secretary of State has advised the Registrar that an emergency has occurred, is occurring or is about to occur and that the Registrar should consider acting under this article, andb the Registrar considers that the emergency registration requirement is met in relation to the person or group of persons.2 For the purposes of paragraph (1)(b) the emergency registration requirement is met—a in relation to a person, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a nurse, midwife or nursing associate with regard to the emergency;b in relation to a group of persons, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as nurses, midwives or nursing associates with regard to the emergency.3 The Registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.4 The Registrar may include an annotation in the register denoting that a person has been registered under this regulation.5 The registration of a person under this article has effect subject to any conditions imposed by the Registrar; and the Registrar may at any time vary or revoke such a condition or add new conditions.6 Where a person is registered under this article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.7 A person's registration under this article ceases to have effect if revoked by the Registrar; and the Registrar—a must revoke the registration if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;b may at any time revoke the registration for any other reason, including where the Registrar suspects that the person's fitness to practise may be impaired.8 A person's registration as a member of a specified group may be revoked—a without the registration of the other members of the group being revoked, orb as a result of a decision to revoke the registration of all the members of the group.9 Rules under article 7 may not provide for fees to be charged in respect of a person's registration under this article.10 The following provisions of this Order do not apply to persons registered under this article—• articles 5A, 9, 10, 12 and 13 (provisions relating to registration);• articles 15 to 19 (provisions relating to education and training);• Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1) and (3) to (6).11 If a person breaches a condition to which the person's registration under this article is subject, anything done by the person in breach of the condition is to be treated as not done by a registered nurse, midwife or nursing associate (as the case may be).12 In this article “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.”

(3)Article 25(1) (power of Nursing and Midwifery Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons).

(4)Article 37 (appeals against Registrar's decisions) has effect as if after paragraph (2B) there were inserted—“2C No appeal lies to the Council where the Registrar—a has refused to register a person under article 9A, orb has revoked a person's registration under that article.”

Health Professions Order 2001

(2)

(1)The Health Professions Order 2001 (S.I. 2002/254) has effect as if it were subject to the following modifications.

(2)The Order has effect as if after article 9 there were inserted—“9A 1 The Registrar may register a person as a member of a relevant profession, or the persons comprising a specified group of persons as members of a relevant profession, if—a the Secretary of State has advised the Registrar that an emergency has occurred, is occurring or is about to occur and that the Registrar should consider acting under this article, andb the Registrar considers that the emergency registration requirement is met in relation to the person or group of persons.2 For the purposes of paragraph (1)(b) the emergency registration requirement is met—a in relation to a person, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a member of the profession in question with regard to the emergency;b in relation to a group of persons, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as members of the profession in question with regard to the emergency.3 The Registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.4 The Registrar may include an annotation in the register denoting that a person has been registered under this regulation.5 The registration of a person under this article has effect subject to any conditions imposed by the Registrar; and the Registrar may at any time vary or revoke such a condition or add new conditions.6 Where a person is registered under this article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.7 A person's registration under this article ceases to have effect if revoked by the Registrar; and the Registrar—a must revoke the registration if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;b may at any time revoke the registration for any other reason, including where the Registrar suspects that the person's fitness to practise may be impaired.8 A person's registration as a member of a specified group may be revoked—a without the registration of the other members of the group being revoked, orb as a result of a decision to revoke the registration of all the members of the group.9 Rules under article 7 may not provide for fees to be charged in respect of a person's registration under this article.10 The following provisions of this Order do not apply to persons registered under this article—• articles 9, 10, 11 and 12 (provisions relating to registration);• articles 15 to 19 (provisions relating to education and training);• Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1) and (3) to (5).11 If a person breaches a condition to which the person's registration under this article is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered as a member of the relevant profession in question.12 In this article “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.”

(3)Article 25(1) (power of Health and Care Professions Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons).

(4)Article 38 (appeals) has effect as if after paragraph (1A) there were inserted—“1B No appeal lies to the Council where the Registrar—a has refused to register a person under article 9A, orb has revoked a person's registration under that article.”

Schedule 2 · Emergency arrangements concerning medical practitioners: Wales

Temporary exception to rule requiring listing in order to perform primary medical services

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Modification of General Medical Services Contracts Regulations 2004

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to modify Schedule

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 3 · Emergency arrangements concerning medical practitioners: Scotland

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

National Health Service (Primary Medical Services Section 17C Arrangements) (Scotland) Regulations 2018

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to modify Schedule

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 4 · Emergency registration of pharmaceutical chemists and extension of prescribing powers: Northern Ireland

Appeals

(7)In Article 11, after paragraph (2) insert—“3 No appeal lies to the Council against a decision of the registrar—a to register or refuse to register a person under Article 8E;b to register or refuse to register under that Article the persons comprising a group of persons;c to impose, vary or revoke a condition as respects the registration of a person, or the persons comprising a group of persons, under Article 8E(5);d to revoke a person's registration under that Article (and, in the case of a member of a group, it does not matter whether the registrar also decides to revoke the registration of any or all of the other members of the group);e to record or refuse to record an annotation under Article 9A(2) against the name of a registered person, or the names of the persons comprising a group of registered persons;f to remove an annotation under that Article (and, in the case of a member of a group, it does not matter whether the registrar also decides to remove the annotation of any or all of the other members of the group).”

Interpretation

(1)

(1)In this Schedule “the 1976 Order” means the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)).

(2)In this Schedule references to Articles are to Articles of the 1976 Order.

(3)Expressions used in this Schedule and in the 1976 Order have the meaning given in that Order.

Emergency extension of prescribing powers for pharmaceutical chemists

(6)After Article 9 insert—“9A 1 In the register mentioned in Article 6(1)(a), the registrar may record an annotation under paragraph (2) against—a the name of a registered person; orb the names of the persons comprising a specified group of registered persons,if the conditions set out in paragraph (3) are satisfied.2 An annotation under this paragraph indicates that the person is qualified to order drugs, medicines and appliances in a specified capacity, notwithstanding that the person would not (but for this Article) be so qualified.3 The conditions are that—a the Department has advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this Article; andb the registrar considers that the emergency annotation requirement is met in relation to the person or group of persons.4 The emergency annotation requirement is met—a in relation to a registered person, if the person is a fit, proper and suitably experienced person to order drugs, medicines and appliances in a specified capacity with regard to the emergency; andb in relation to a group of registered persons, if the group is comprised of persons who may reasonably be considered fit, proper and suitably experienced persons to order drugs, medicines and appliances in a specified capacity with regard to the emergency.5 The registrar may record the annotation in such a way as to distinguish between annotations recorded by virtue of this Article and other annotations.6 Annotations recorded by virtue of this Article—a must be removed by the registrar if the Department advises the registrar that the circumstances that led the Department to give the advice referred to in paragraph (3)(a) no longer exist;b may at any time be removed by the registrar for any other reason including where the registrar has grounds for suspecting that the person's fitness to order drugs, medicines and appliances may be impaired.7 An annotation recorded against the name of a person in the register as a member of a specified group may be removed—a without the removal by the registrar of the annotations recorded against the names in the register of the other members of the group; orb by virtue of a decision by the registrar to remove the annotations recorded against the names in the register of all the members of the group.8 Regulations made under Article 5 with respect to the following matters do not apply to persons with an annotated entry—a paragraph (1)(e) (fees);b paragraph (1)(ff) (annotations of the register); andc such other matters as the Council may by regulations provide;but this is subject to paragraph (10).9 The following provisions of this Order do not apply to persons with an annotated entry—a Article 4A (continuing professional development);b Article 8 (qualifications for registration); andc such other provisions as the Council may by regulations provide;but this is subject to paragraph (10).10 The Council may make regulations that provide that the following apply to persons with an annotated entry—a regulations with respect to any of the matters referred to in paragraph (8)(a) to (c); andb any of the provisions of this Order referred to in paragraph (9)(a) to (c).11 In this Article—• “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section;• “person with an annotated entry” means a person who has an annotation under paragraph (2) against their name in the register; and• “specified” means specified in a direction given by the registrar or by a person authorised by the registrar.”

Emergency registration of pharmaceutical chemists

(2)The 1976 Order has effect as if it were subject to the following modifications.

(3)After Article 8D insert—“8E 1 The registrar may register a person, or the persons comprising a specified group of persons, in the register of pharmaceutical chemists if the conditions set out in paragraph (2) are satisfied.2 The conditions are that—a the Department has advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this Article; andb the registrar considers that the emergency registration requirement is met in relation to the person or group of persons.3 The emergency registration requirement is met—a in relation to a person, if the person is a fit, proper and suitably experienced person to be registered as a pharmaceutical chemist with regard to the emergency;b in relation to a group of persons, if the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as pharmaceutical chemists with regard to the emergency.4 The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.5 A person's registration under this Article has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions.6 Where a person is registered under this Article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.7 The registration of a person under this Article ceases to have effect if revoked by the registrar; and the registrar—a must revoke the registration if the Department advises the registrar that the circumstances that led the Department to give the advice referred to in paragraph (2)(a) no longer exist;b may at any time revoke the registration for any other reason, including where the registrar has grounds for suspecting that the person's fitness to practise may be impaired.8 A person's registration as a member of a specified group may be revoked—a without revoking the registration of the other members of the group; orb as a result of a decision to revoke the registration of all the members of the group.9 Regulations made under Article 5 with respect to the following matters do not apply to persons registered under this Article—a paragraph (1)(b) (examinations and qualifications for registration);b paragraph (1)(bb), in so far as it refers to the necessary knowledge of English;c paragraph (1)(e) (fees);d paragraph (1)(f), (ffg) and (g) (qualifications etc in relation to registration);e such other matters as the Council may by regulations provide;but this is subject to paragraph (11).10 The following provisions of this Order do not apply to persons registered under this Article—a Article 4A (continuing professional development);b Articles 7, 8 and 8AA (provisions relating to registration);c Article 11(1) (evidence of qualification required for registration);d Article 15 (retention fees);e Article 20 and Schedule 3 (fitness to practise) other than paragraphs 1 to 3; andf such other provisions as the Council may by regulations provide;but this is subject to paragraph (11).11 The Council may make regulations that provide that the following apply to persons registered under this Article—a regulations with respect to any of the matters referred to in paragraph (9)(a) to (e); andb any of the provisions of this Order referred to in paragraph (10)(a) to (f).12 If a person breaches any condition to which the person's registration under this Article is subject, anything done by that person in breach of the condition is to be treated as not being done by a registered pharmaceutical chemist.13 The registrar may make available information to assist with the identification of persons registered under this Article in such manner as the registrar sees fit.14 In this Article—• “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section;• “specified” means specified in a direction given by the registrar or by a person authorised by the registrar.”

(4)In Article 9(2) (maintenance of the register), at the end insert “ or in the case of the register mentioned in Article 6(1)(a) registered by virtue of Article 8E ”.

(5)At the end of Article 9 (the registrar and registers) insert—“6 The registrar may record an annotation against the name of a registered person denoting that the person is registered under Article 8E.”

Power to require disclosure of information

(8)Paragraph 2(1) of Schedule 3 to the 1976 Order (power of the Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions in respect of identifying any person registered by virtue of Article 8E(3)(b) (emergency registration of a group of persons).

Schedule 5 · Emergency registration of social workers: England and Wales

Social Workers Regulations 2018

(1)

(1)The Social Workers Regulations 2018 (S.I. 2018/893) have effect as if they were subject to the following modifications.

(2)Regulation 9 (information to be recorded in the register in relation to a registered social worker) has effect as if—

(a)in paragraph (1) after sub-paragraph (b) there were inserted—“ba in the case of a social worker registered under regulation 12A (emergency registration) the fact that the social worker has been registered under that regulation,”

(b)after paragraph (1) there were inserted—“1A The information referred to in paragraph (1)(a), (b) or (ba) is not required to be recorded in the register in relation to a social worker registered under regulation 12A as a member of a specified group.”

(3)The regulations have effect as if after regulation 12 there were inserted—“12A 1 The regulator may register a person as a social worker, or the persons comprising a specified group of persons as social workers, if—a the Secretary of State has advised the regulator that an emergency has occurred, is occurring or is about to occur and that the regulator should consider acting under this regulation, andb the regulator considers that the emergency registration requirement is met in relation to the person or group of persons.2 For the purposes of paragraph (1)(b) the emergency registration requirement is met—a in relation to a person, if the regulator considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency;b in relation to a group of persons, if the regulator considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency.3 The regulator may register all of the persons comprising a specified group of persons without first identifying each person in the group.4 The registration of a person under this regulation has effect subject to any conditions imposed by the regulator; and the regulator may at any time vary or revoke such a condition or add new conditions.5 Where a person is registered under this regulation as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.6 A person's registration under this regulation ceases to have effect if revoked by the regulator; and the regulator—a must revoke the registration if the Secretary of State advises the regulator that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;b may at any time revoke the registration for any other reason, including where the regulator suspects that the person's fitness to practise may be impaired.7 A person's registration as a member of a specified group may be revoked—a without the registration of the other members of the group being revoked, orb as a result of a decision to revoke the registration of all the members of the group.8 If a person's registration under this regulation is revoked under paragraph (6)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked.9 If a person's registration under this section is revoked under paragraph (6)(b), the registration ceases to have effect immediately.10 The following provisions of these regulations do not apply to persons registered under this regulation—a regulation 9 (content of the register), other than paragraph (1)(a), (b) and (ba) and paragraphs (1A) and (3);b regulations 10 to 12 and 13 to 15 (other provisions relating to registration);c regulation 16(4) and (5) (duty to provide information to regulator: sanctions);d regulation 17 (fees for registration);e Part 5 (discipline and fitness to practise).11 If a person breaches a condition to which the person's registration under this regulation is subject, anything done by the person in breach of the condition is to be treated as not done by a registered social worker.12 The regulator may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions under this regulation.13 This includes—a making rules, andb issuing guidance to persons registered under this regulation or to the public.14 Paragraphs (2) to (5) of regulation 3 do not apply to rules under paragraph (12)(a).15 In this regulation “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.”

(4)Regulation 19 (registration appeals) has effect as if after paragraph (2) there were inserted—“2A Paragraph (1) does not apply to—a a decision by the regulator to refuse to register a person under regulation 12A, orb a decision by the regulator to revoke a person's registration under that regulation.”

Regulation and Inspection of Social Care (Wales) Act 2016

(2)

(1)The Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) has effect as if it were subject to the following modifications.

(2)The Act has effect as if after section 83 of the English language text there were inserted—“83A 1 The registrar may register a person as a social worker in the social worker part of the register, or the persons comprising a specified group of persons as social workers in that part, if—a the Welsh Ministers have advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this section, andb the registrar considers that the emergency registration requirement is met in relation to the person or group of persons.2 For the purposes of subsection (1)(b) the emergency registration requirement is met—a in relation to a person, if the registrar considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency;b in relation to a group of persons, if the registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency.3 The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.4 The registrar may include an annotation in the social worker part of the register denoting that a person has been registered under this section.5 The registration of a person under this section has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions.6 Where a person is registered under this section as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.7 A person's registration under this section ceases to have effect if revoked by the registrar; and the registrar—a must revoke the registration if the Welsh Ministers advise the registrar that the circumstances that led the Welsh Ministers to give the advice referred to in subsection (1)(a) no longer exist;b may at any time revoke the registration for any other reason, including where the registrar suspects that the person's fitness to practise may be impaired.8 A person's registration as a member of a specified group may be revoked—a without the registration of the other members of the group being revoked, orb as a result of a decision to revoke the registration of all the members of the group.9 If a person's registration under this section is revoked under subsection (7)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked.10 If a person's registration under this section is revoked under subsection (7)(b), the registration ceases to have effect immediately.11 Rules under section 74 may not provide for fees to be charged in respect of a person's registration under this section.12 The following provisions do not apply to persons registered under this section—a sections 82, 83, 84, 86, 87, 89, 94 and 95 (provisions relating to registration) of this Act;b sections 113 to 115 (continuing professional development) of this Act and rules made under any of those sections;c Part 6 (social care workers: fitness to practise) of this Act, other than section 160(1) and (3) to (5).13 If a person breaches a condition to which the person's registration under this section is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered in the social worker part of the register.14 In this section “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.”

(3)The Act has effect as if after section 83 of the Welsh language text there were inserted—“83A 1 Caiff y cofrestrydd gofrestru person fel gweithiwr cymdeithasol yn rhan gweithwyr cymdeithasol y gofrestr, neu bersonau sy'n ffurfio grŵp penodedig o bersonau fel gweithwyr cymdeithasol yn y rhan honno, —a os yw Gweinidogion Cymru wedi cynghori'r cofrestrydd bod argyfwng wedi codi, yn codi neu ar fin codi, ac y dylai'r cofrestrydd ystyried gweithredu o dan yr adran hon, ab os yw'r cofrestrydd yn ystyried bod y gofyniad ar gyfer cofrestru mewn argyfwng wedi ei fodloni mewn perthynas â'r person neu'r grŵp o bersonau.2 At ddibenion is-adran (1)(b) mae'r gofyniad ar gyfer cofrestru mewn argyfwng yn cael ei fodloni—a mewn perthynas â pherson, os yw'r cofrestrydd yn ystyried bod y person yn berson addas a phriodol sydd â phrofiad cyfaddas i gael ei gofrestru fel gweithiwr cymdeithasol o ran yr argyfwng;b mewn perthynas â grŵp o bersonau, os yw'r cofrestrydd yn ystyried bod y grŵp yn cael ei ffurfio o bersonau sydd o fath y gellir eu hystyried yn rhesymol yn bersonau addas a phriodol sydd â phrofiad cyfaddas i gael eu cofrestru fel gweithwyr cymdeithasol o ran yr argyfwng.3 Caiff y cofrestrydd gofrestru pob un o'r personau sy'n ffurfio grŵp penodedig o bersonau heb enwi'n gyntaf bob person yn y grŵp.4 Caiff y cofrestrydd gynnwys anodiad yn rhan gweithwyr cymdeithasol y gofrestr sy'n dynodi bod person wedi cael ei gofrestru o dan yr adran hon.5 Mae cofrestriad person o dan yr adran hon yn cael effaith yn ddarostyngedig i unrhyw amodau a osodir gan y cofrestrydd; a chaiff y cofrestrydd amrywio neu ddirymu unrhyw amod o'r fath neu ychwanegu unrhyw amodau newydd ar unrhyw adeg.6 Pan fo person wedi ei gofrestru o dan yr adran hon fel aelod o grŵp penodedig, caniateir i gofrestriad y person fod (ond nid oes rhaid iddo fod) yn ddarostyngedig i'r un amodau â chofrestriad aelodau eraill o'r grŵp.7 Mae cofrestriad person o dan yr adran hon yn peidio â chael effaith os caiff ei ddirymu gan y cofrestrydd; a—a rhaid i'r cofrestrydd ddirymu'r cofrestriad os yw Gweinidogion Cymru yn cynghori'r cofrestrydd nad yw'r amgylchiadau a arweiniodd Gweinidogion Cymru at roi'r cyngor y cyfeirir ato yn is-adran (1)(a) bellach yn bodoli;b caiff y cofrestrydd, ar unrhyw adeg, ddirymu'r cofrestriad am unrhyw reswm arall, gan gynnwys pan fo'r cofrestrydd yn amau y gall addasrwydd y person i ymarfer fod wedi ei amharu.8 Caniateir i gofrestriad person fel aelod o grŵp penodedig gael ei ddirymu—a heb ddirymu cofrestriad aelodau eraill o'r grŵp, neub o ganlyniad i benderfyniad i ddirymu cofrestriad pob aelod o'r grŵp.9 Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran (7)(a), mae'r cofrestriad yn peidio â chael effaith ar ddiwedd cyfnod o 14 diwrnod sy'n dechrau â'r diwrnod y caiff ei ddirymu.10 Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran (7)(b), mae'r cofrestriad yn peidio â chael effaith ar unwaith.11 Ni chaiff rheolau o dan adran 74 ddarparu ar gyfer codi ffioedd o ran cofrestriad person o dan yr adran hon.12 Nid yw darpariaethau canlynol y Ddeddf yn gymwys i bersonau a gofrestrir o dan yr adran hon—a adrannau 82, 83, 84, 86, 87, 89, 94 a 95 (darpariaethau sy'n ymwneud â chofrestru) o'r Ddeddf hon;b adrannau 113 i 115 (datblygiad proffesiynol parhaus) o'r Ddeddf hon a rheolau a wneir o dan unrhyw un o'r adrannau hynny;c Rhan 6 (gweithwyr gofal cymdeithasol: addasrwydd i ymarfer) o'r Ddeddf hon ac eithrio adran 160(1) a (3) i (5).13 Os yw person yn torri amod y mae cofrestriad y person o dan yr adran hon yn ddarostyngedig iddo, mae unrhyw beth a wneir gan y person yn groes i'r amod i'w drin fel peth nad yw wedi ei wneud gan berson a gofrestrwyd yn rhan gweithwyr cymdeithasol y gofrestr.14 Yn yr adran hon mae i “argyfwng” yr ystyr a roddir i'r math o “emergency” a ddisgrifir yn adran 19(1)(a) o Ddeddf Argyfyngau Sifil Posibl 2004, wedi ei darllen ynghyd ag is-adran (2)(a) a (b) o'r adran honno.”

(4)Section 101 (appeals against decisions of the registrar) has effect as if—

(a)after subsection (2) of the English language text there were inserted—“3 Subsection (1) does not apply to—a a decision by the registrar to refuse to register a person under section 83A, orb a decision by the registrar to revoke a person's registration under that section.”

(b)after subsection (2) of the Welsh language text there were inserted—“3 Nid yw is-adran (1) yn gymwys i—a penderfyniad gan y cofrestrydd i wrthod cofrestru person o dan adran 83A, neub penderfyniad gan y cofrestrydd i ddirymu cofrestriad person o dan yr adran honno.”

(5)Section 160(1) (power of Social Care Wales to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions under section 83A.

Schedule 6 · Temporary registration of social workers: Scotland

Regulation of Care (Scotland) Act 2001

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Social workers and social service workers in care services

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 8 · Mental health: England and Wales

Part 1 · Introductory provision etc

Interpretation

(1)

(1)Where the head organisation is a pub operating business, for the purposes of determining whether the condition in regulation 12(2)(b) is met, only packaging or packaging materials specified in sub-paragraph (2) are to be taken into account.

(2)The packaging or packaging materials referred to in sub-paragraph (1) are packaging or packaging materials that contain the goods that are the subject of the obligation to purchase from the head organisation or person nominated or authorised by that head organisation under the pub operating agreement, whether or not the goods have been packed or filled in the packaging or packaging materials when they are purchased by the member.

Forms

(2)

(a)where there is a situation falling in paragraph 2(1)(a) or (b) above and the conditions in paragraph 2(2) above have been met, the head organisation—

(b)where there is a situation falling in paragraph 2(1)(c) above and the conditions in paragraph 2(2) above have been met, the head organisation—

Part 2 · Modifications of the Mental Health Act 1983 and related provision

Applications for compulsory admission to hospital for assessment or treatment

Applications for compulsory admission of patients already in hospital

Period of remand to hospital

Court orders for the detention of accused or convicted persons in hospital

Directions for the transfer of prisoners to hospital

Conveyance of accused or convicted persons to hospital

Administration of medicine to persons liable to detention in hospital

Detention in place of safety

Constitution and proceedings of the Mental Health Review Tribunal for Wales

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 3 · Transitional provision

Schedule 10 · Mental health: Northern Ireland

Part 1 · Introductory provision etc

Interpretation

(1)

(1)In this Schedule—• “ court ” includes any tribunal or body exercising the judicial power of the State; • “ international conference ” means a conference attended by representatives of two or more governments; • “ international organisation ” means an organisation of which two or more governments are members, and includes any committee or other subordinate body of such an organisation; and • “ legislature ” includes a local legislature.

(2)The packaging or packaging materials referred to in sub-paragraph (1) are packaging or packaging materials that contain the goods that are the subject of the obligation to purchase from the head organisation or person nominated or authorised by that head organisation under the pub operating agreement, whether or not the goods have been packed or filled in the packaging or packaging materials when they are purchased by the member.

(a)where there is a situation falling in paragraph 2(1)(a) or (b) above and the conditions in paragraph 2(2) above have been met, the head organisation—

(b)where there is a situation falling in paragraph 2(1)(c) above and the conditions in paragraph 2(2) above have been met, the head organisation—

(3)How much of the waste referred to in paragraph (2) was—

Part 2 · Modifications of the Mental Health (Northern Ireland) Order 1986

Applications for compulsory admission for assessment in respect of patients already in hospital

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Applications for compulsory admission to hospital for assessment

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Conveyance of accused or convicted persons to hospital

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Designation of, and admission of persons to, different hospitals in pursuance of hospital orders

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Detention for treatment

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Directions for the transfer of prisoners etc to hospital

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Medical recommendation

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Periods of remand to hospital

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Rectification of applications, recommendations and reports

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Required medical evidence for hospital order in respect of certain other detained persons in their absence

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Required medical evidence for remand to hospital, hospital or guardianship order, interim hospital order, determinations of question of fitness to be tried or finding of not guilty on ground of insanity

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

The assessment period

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 3 · Transitional provision

(16)Paragraph 5, 6, 7 or 13(3) continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.

(17)Where, by virtue of paragraph 9, a person has been remanded under Article 42 or 43 for more than 12 weeks in all, the person may not be further remanded under that provision after the end of a period for which that paragraph has effect.

(18)Producers who are online marketplace operators—

(1)Paragraph 13(1) or 14(4) continues to apply after the end of a period for which it has effect in relation to any order or direction made during that period, subject to sub-paragraph (2).

(2)The constable or other person whose duty is modified by paragraph 13(1) or 14(4) (as the case may be) must in any event convey the person concerned to the requisite hospital before—

(a)the end of the period specified in Article 42(9)(c) or Article 46(2) or (3), without the modification made by the provision concerned, or

(b)the end of the period of seven days beginning with the day on which the period referred to in sub-paragraph (1) ends,

whichever is later.

Part 4 · Review of operation of certain provisions of this Schedule

(19)The weight in kilograms of packaging in each packaging category supplied through an online marketplace operated by the producer during the relevant period.

(1)Each HSC trust must maintain a record of each instance where—

(a)an application for assessment is made in reliance on paragraph 3,

(b)a patient was detained for assessment in reliance on Article 9(4)(aa) or (b) (as substituted by paragraph 6(2)(a)), and

(c)a report is furnished in reliance on paragraph 8.

(2)The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance—

(a)by the relevant social worker on paragraph 3,

(b)by the medical practitioner on Article 9(4)(aa) or (b) (as substituted by paragraph 6(2)(a)), or

(c)by the relevant medical practitioner on paragraph 8,

was appropriate.

(3)The HSC trust must send the report under sub-paragraph (2) to the Department of Health no later than 56 days after the end of a period for which the paragraph of this Schedule in question has effect.

Schedule 11 · Mental capacity: Northern Ireland

Part 1 · Introductory provision etc

Interpretation

(1)

(1)In this Schedule, “the 2016 Act” means the Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I.)).

(2)In this Schedule—

(a)references to sections are to sections of the 2016 Act;

(b)references to Schedules are to Schedules to that Act.

(3)Expressions used in this Schedule and in the 2016 Act have the meaning given in that Act.

Prescribed forms

(2)Where any form prescribed for use in connection with a provision of the 2016 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—

(a)may, in connection with the provision as so modified, be used with appropriate amendments,

(b)is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.

Part 2 · Modifications of the Mental Capacity Act (Northern Ireland) 2016

Additional notification requirements for panels

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Code of practice

(19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Consultation required before such a report is made

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Extension by panel of period of authorisation

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Interim authorisations by panels of certain serious interventions

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Proceedings of panels constituted to decide applications

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Report authorising short-term detention in hospital for examination etc

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Time limit for panel's decisions regarding authorisations of certain serious interventions

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 3 · Transitional provision

(20)Paragraph 5, 9, 11 or 18 continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.

Part 4 · Review of operation of certain provisions of this Schedule

(22)

(1)Each HSC trust must maintain a record of each instance where a panel operates in reliance on paragraph 5 or 9.

(2)The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance on paragraph 5 or 9 was appropriate.

(3)The HSC trust must send the report under sub-paragraph (2) to the Department of Health in Northern Ireland no later than 3 months after the end of a period for which the paragraph of this Schedule in question has effect.

Schedule 12 · Local authority care and support

Part 1 · Powers and duties of local authorities in England

Introductory

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessing needs for care and support

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessment of financial resources

(3)

(1) . . . ^note

(2)A local authority may not make a charge under section 14 of CA 2014 for meeting any needs under section 18, 19, 20 or 62 of that Act during a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect without having carried out an assessment under section 17 of that Act.

(3)The requirement under sub-paragraph (2) to carry out an assessment under section 17 of CA 2014 applies whether or not the authority has made a determination under section 13(1) of that Act.

Duties and powers to meet needs for care and support

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charging for meeting needs during emergency period

(10)

(1)This paragraph applies where—

(a)at any time during an emergency period, a local authority begins to meet needs under section 18, 19, 20 or 62 of CA 2014,

(b)at that time, the authority would have been entitled to make a charge under section 14 of that Act for meeting any of those needs, but

(c)the authority decided not to carry out an assessment under section 17 of that Act before beginning to meet those needs.

(2)The local authority is not prevented by that decision from subsequently carrying out an assessment under section 17 of CA 2014 (whether during or after the emergency period) and deciding to make a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs.

(3)In so far as there is any charge for meeting any needs under section 18 or 19(2) of CA 2014 during the emergency period, the fact that condition 1, 2 or 3 in section 18 of that Act is not met at the time of the making of the charge does not affect anything already done under section 18 or (as the case may be) 19(2) of that Act.

(4)In so far as there is any charge for meeting any needs under section 20(1) of CA 2014 during the emergency period, the fact that condition 1, 2, 3 or 4 in that section is not met at the time of the making of the charge does not affect anything already done under that section.

Care and support plans etc

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Continuity of care and support when person moves

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)

(1)This paragraph applies where—

(a)paragraph 12 has had effect for any period (“the emergency period”), and

(b)the emergency period has ended.

(2)Section 37 of CA 2014 has effect subject to the modifications in sub-paragraphs (3) to (5).

(3)In subsections (1) and (2)—

(a)any reference to notifying a local authority that an adult intends to move to the area of that authority includes, in the case of an adult who moved to the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved to that area, and

(b)where a local authority is notified that an adult has moved to the authority's area by virtue of paragraph (a), the condition in subsection (1)(c) or (as the case may be) (2)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).

(4)In subsection (3)—

(a)the reference to notifying a local authority that an adult intends to move out of accommodation but to remain in the authority's area includes, in the case of an adult who moved out of accommodation in the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved out of the accommodation but has remained in that area, and

(b)where a local authority is notified that an adult has moved out of accommodation by virtue of paragraph (a), the condition in subsection (3)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).

(5)In a case where subsection (4)(b) does not apply by virtue of sub-paragraph (3)(b) or (4)(b), subsection (5) has effect as if the reference to having received the notification under subsection (4)(b) were omitted.

(6)The reference in section 38(1) of CA 2014 to the day of the intended move is, in the case of an adult who moved as mentioned in section 37(1)(b), (2)(b) or (3)(b) of that Act during the emergency period, to be read as a reference to the day on which that period ended.

Discharge of hospital patients with care and support needs

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transition for children to adult care and support

(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties arising before commencement

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period within which assessments may be carried out

(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance

(18)Producers who are online marketplace operators—

(1)The Secretary of State may issue guidance about how local authorities are to exercise functions under any of the following enactments in consequence of the provision made by this Part of this Schedule—

(a)Part 1 of CA 2014;

(b)section 2 of the Chronically Sick and Disabled Persons Act 1970;

(c)section 17 of the Children Act 1989.

(2)A local authority must have regard to any guidance issued under this paragraph.

(3)A local authority must comply with such guidance issued under this paragraph as the Secretary of State directs.

(4)The Secretary of State—

(a)may from time to time revise any guidance issued under this paragraph;

(b)may vary or revoke a direction made under sub-paragraph (3).

(5)A local authority may disregard any guidance under section 7 of the Local Authority Social Services Act 1970 or section 78 of CA 2014, so far as it is inconsistent with guidance issued under this paragraph.

Part 2 · Powers and duties of local authorities in Wales

Introductory

(19)The weight in kilograms of packaging in each packaging category supplied through an online marketplace operated by the producer during the relevant period.

(1)Where the head organisation is a pub operating business, for the purposes of determining whether the condition in regulation 12(2)(b) is met, only packaging or packaging materials specified in sub-paragraph (2) are to be taken into account.

(2)The packaging or packaging materials referred to in sub-paragraph (1) are packaging or packaging materials that contain the goods that are the subject of the obligation to purchase from the head organisation or person nominated or authorised by that head organisation under the pub operating agreement, whether or not the goods have been packed or filled in the packaging or packaging materials when they are purchased by the member.

Assessing needs for care and support

(20)The weight in kilograms of household packaging in each packaging category supplied through an online marketplace operated by the producer during the relevant period.

(21)Producers who are subject to the data collection obligations in regulation 17 must maintain records of the following information for all packaging in respect of which they are a producer, or, for the information in paragraph 22, a producer of a class specified in that paragraph —

(22)

(23)

(24)

Duty to carry out financial assessment

(25)

Duties to meet needs for care and support

(26)

(27)

(28)

(29)

Charging for meeting needs during emergency period

(30)

(1)Where the head organisation is a pub operating business, for the purposes of determining whether the condition in regulation 12(2)(b) is met, only packaging or packaging materials specified in sub-paragraph (2) are to be taken into account.

(a)where there is a situation falling in paragraph 2(1)(a) or (b) above and the conditions in paragraph 2(2) above have been met, the head organisation—

(b)where there is a situation falling in paragraph 2(1)(c) above and the conditions in paragraph 2(2) above have been met, the head organisation—

(c)where the member is obliged to—

from the head organisation or, where the head organisation has negotiated some or all of the terms of the supply, a supplier nominated or authorised by the head organisation under the licence agreement, such packaging or packaging materials.

(2)The packaging or packaging materials referred to in sub-paragraph (1) are packaging or packaging materials that contain the goods that are the subject of the obligation to purchase from the head organisation or person nominated or authorised by that head organisation under the pub operating agreement, whether or not the goods have been packed or filled in the packaging or packaging materials when they are purchased by the member.

(3)How much of the waste referred to in paragraph (2) was—

(4)The amount of waste declared under sub-paragraphs (1), (2) and (3) must be declared by weight, in kilograms, and be further broken down by packaging category.

Care and support plans etc

(31)

Portability of care and support

(32)

(33)

(1)Where the head organisation is a pub operating business, for the purposes of determining whether the condition in regulation 12(2)(b) is met, only packaging or packaging materials specified in sub-paragraph (2) are to be taken into account.

(a)where there is a situation falling in paragraph 2(1)(a) or (b) above and the conditions in paragraph 2(2) above have been met, the head organisation—

(b)where there is a situation falling in paragraph 2(1)(c) above and the conditions in paragraph 2(2) above have been met, the head organisation—

(2)The packaging or packaging materials referred to in sub-paragraph (1) are packaging or packaging materials that contain the goods that are the subject of the obligation to purchase from the head organisation or person nominated or authorised by that head organisation under the pub operating agreement, whether or not the goods have been packed or filled in the packaging or packaging materials when they are purchased by the member.

(3)How much of the waste referred to in paragraph (2) was—

(a)where there is a situation falling in paragraph 2(1)(a) or (b) above and the conditions in paragraph 2(2) above have been met, the head organisation—

(b)where there is a situation falling in paragraph 2(1)(c) above and the conditions in paragraph 2(2) above have been met, the head organisation—

(4)The amount of waste declared under sub-paragraphs (1), (2) and (3) must be declared by weight, in kilograms, and be further broken down by packaging category.

(a)where there is a situation falling in paragraph 2(1)(a) or (b) above and the conditions in paragraph 2(2) above have been met, the head organisation—

(b)where there is a situation falling in paragraph 2(1)(c) above and the conditions in paragraph 2(2) above have been met, the head organisation—

(5)In this paragraph, packaging waste is “relevant packaging waste” if it is not collected from households for recycling by more than 75% of the district councils in Northern Ireland responsible for waste collection.

Duties arising before commencement

(34)

Guidance

(35)

(1)Where the head organisation is a pub operating business, for the purposes of determining whether the condition in regulation 12(2)(b) is met, only packaging or packaging materials specified in sub-paragraph (2) are to be taken into account.

(2)The packaging or packaging materials referred to in sub-paragraph (1) are packaging or packaging materials that contain the goods that are the subject of the obligation to purchase from the head organisation or person nominated or authorised by that head organisation under the pub operating agreement, whether or not the goods have been packed or filled in the packaging or packaging materials when they are purchased by the member.

(3)How much of the waste referred to in paragraph (2) was—

(4)The amount of waste declared under sub-paragraphs (1), (2) and (3) must be declared by weight, in kilograms, and be further broken down by packaging category.

(a)where there is a situation falling in paragraph 2(1)(a) or (b) above and the conditions in paragraph 2(2) above have been met, the head organisation—

(b)where there is a situation falling in paragraph 2(1)(c) above and the conditions in paragraph 2(2) above have been met, the head organisation—

(5)In this paragraph, packaging waste is “relevant packaging waste” if it is not collected from households for recycling by more than 75% of the district councils in Northern Ireland responsible for waste collection.

Schedule 13 · Registration of deaths and still-births

Part 1 · England and Wales

Interpretation

(1)

(1)In this Part of this Schedule—• “the 1926 Act” means the Births and Deaths Registration Act 1926;• “the 1953 Act” means the Births and Deaths Registration Act 1953;• “the principal 1987 Regulations” means the Registration of Births and Deaths Regulations 1987 (S.I. 1987/2088);• “the 2019 Regulations” means the Notification of Deaths Regulations 2019 (S.I. 2019/1112).

(2)Expressions used in this Part of this Schedule and in the 1953 Act have the same meaning as in that Act.

Information concerning deaths: England and Wales

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Giving information other than in person and dispensing with signing the register

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Medical certificates of cause of death

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delivery of documents by alternative methods

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further modifications of the principal 1987 Regulations

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of death to coroner

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision

(8)Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.

(9)Where the producer is a brand owner—

(1)This paragraph applies where, during any period for which paragraph 5 has effect, a person delivers a relevant document in reliance on that paragraph.

(2)The person must give, deliver or send the document in accordance with the applicable legislation as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends.

(3)The Registrar General may give a direction—

(a)setting a later deadline than the one specified in sub-paragraph (2), or

(b)dispensing with the duty under sub-paragraph (2).

(4)A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case.

(5)A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph.

(6)A registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case—

(a)setting a later deadline than the one specified in sub-paragraph (2), or

(b)dispensing with the duty under sub-paragraph (2).

(7)In this paragraph—• “applicable legislation” means—(a) in the case of a document within paragraph 5(2)(a), the 1953 Act, and(b) in the case of a document within paragraph 5(2)(b), the 1926 Act;• “relevant document” has the same meaning as in paragraph 5.

Part 2 · Scotland

Interpretation

(10)

(1)In this Part of this Schedule “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

(2)Expressions used in this Part of this Schedule and in the 1965 Act have the same meaning as in that Act.

Transitional provision

(16)

(1)This paragraph applies where, during any period for which paragraph 13 has effect, a person gives or delivers a relevant document in reliance on that paragraph.

(2)The person must give, deliver or send the document in accordance with the 1965 Act as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends.

(3)The Registrar General may give a direction—

(a)setting a later deadline than the one specified in sub-paragraph (2), or

(b)dispensing with the duty under sub-paragraph (2).

(4)A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case.

(5)A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph.

(6)A district registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case—

(a)setting a later deadline than the one specified in sub-paragraph (2), or

(b)dispensing with the duty under sub-paragraph (2).

(7)In this paragraph “relevant document” has the same meaning as in paragraph 13.

Part 3 · Northern Ireland

Transitional provision

(30). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 14 · Review of medical certificates of cause of death and cremations: Scotland

Part 1 · Review of medical certificates of cause of death

Interpretation

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Automatic referral of medical certificates of the cause of death to procurator fiscal

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Effect of direction on existing reviews made by application under section 4(1) of the 2011 Act

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Effect of direction on existing reviews referred under section 24A of the 1965 Act

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 2 · Cremations

Application

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Interpretation

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Resumption of duties in relation to retained ashes after revocation

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Retention of ashes during period provisions are suspended

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Suspension of local authority duty to make enquiries as to surviving relatives

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 16 · Temporary closure of educational institutions and childcare premises

Part 1 · England and Wales

Schools, 16 to 19 Academies, further and higher education providers

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Registered childcare providers

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Effect of temporary closure directions on other provisions

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Authorisations

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Publication, duration and guidance

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 2 · Scotland

Interpretation

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to have regard to public health advice

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure of schools etc and further and higher education institutions

(8)

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School boarding accommodation

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Student accommodation

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compliance and enforcement

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication and duration of directions

Part 3 · Northern Ireland

Childcare providers

Schedule 17 · Temporary continuity directions etc: education, training and childcare

Part 1 · England and Wales

Temporary continuity directions: England

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary continuity directions: Wales

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary continuity directions: authorisations

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication, duration and guidance in relation to temporary continuity directions

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notices temporarily removing or relaxing statutory provisions etc: England

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notices temporarily removing or relaxing statutory provisions: Wales

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 · Scotland

Interpretation

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Duty to have regard to public health advice

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Continuing operation of educational establishments

Compliance and enforcement

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Publication, duration and review of directions

Part 3 · Northern Ireland

Temporary continuity directions

Notices temporarily removing or relaxing education duties

Schedule 19 · Health protection regulations: Scotland

Health protection regulations

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Health protection regulations: procedure

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Health protection regulations: supplementary

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Medical treatment

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Restrictions on power to make regulations under paragraph 1

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Special restrictions and requirements

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 20 · Power to suspend port operations

Power to give direction to suspend relevant port operations

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Duration of suspension period

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to give consequential direction

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Supplementary provisions

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Offences

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Interpretation

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 21 · Powers relating to potentially infectious persons

Part 1 · Overview and interpretation

Overview

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Potentially infectious persons

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Other definitions

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 2 · Powers relating to potentially infectious persons in England

Declarations of risks of coronavirus in England

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers to direct or remove persons to a place suitable for screening and assessment

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers exercisable at a screening and assessment place: public health officers

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers exercisable at a screening and assessment place: constables and immigration officers

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers exercisable after assessment

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Children

(18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Formalities

(19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Ancillary powers

(20). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Guidance and advice

(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

End of transmission control period

(22). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Offences

(23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Revocation of regulations

(24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 3 · Powers relating to potentially infectious persons in Scotland

Declarations of risks of coronavirus in Scotland

(25). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(26). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers to direct or remove persons to a place suitable for screening and assessment

(27). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(28). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers exercisable at a screening and assessment place: public health officers

(29). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(30). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(31). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(32). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(33). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers exercisable at a screening and assessment place: constables and immigration officers

(34). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers exercisable after assessment

(35). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(36). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(37). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(38). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(39). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Children

(40). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Formalities

(41). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Ancillary powers

(42). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Guidance and advice

(43). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

End of transmission control period

(44). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Offences

(45). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Modifications of Public Health etc. (Scotland) Act 2008

(46). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constables

(47). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 4 · Powers relating to potentially infectious persons in Wales

Declarations of risks of coronavirus in Wales

(48). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(49). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers to direct or remove persons to a place suitable for screening and assessment

(50). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(51). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers exercisable at a screening and assessment place: public health officers

(52). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(53). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(54). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(55). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(56). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers exercisable at a screening and assessment place: constables and immigration officers

(57). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers exercisable after assessment

(58). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(59). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(60). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(61). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Children

(62). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Formalities

(63). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Ancillary powers

(64). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Guidance and advice

(65). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

End of transmission control period

(66). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Offences

(67). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Revocation of regulations

(68). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 5 · Powers relating to potentially infectious persons in Northern Ireland

Declarations of risks of coronavirus in Northern Ireland

(69). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(70). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers to direct or remove persons to a place suitable for screening and assessment

(71). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(72). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers exercisable at a screening and assessment place: public health officers

(73). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(74). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(75). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(76). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(77). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers exercisable at a screening and assessment place: constables and immigration officers

(78). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Powers exercisable after assessment

(79). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(80). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(81). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(82). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Children

(83). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Formalities

(84). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Ancillary powers

(85). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Guidance and advice

(86). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

End of transmission control period

(87). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Offences

(88). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Supplementary interpretation

(89). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 22 · Powers to issue directions relating to events, gatherings and premises

Part 1 · General

Interpretation

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Disapplication to the Parliamentary Estate

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 2 · Powers relating to events, gatherings and premises in England

Declaration of threat to public health in England due to coronavirus

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to prohibit or otherwise restrict events or gatherings in England

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to close premises in England or impose restrictions on persons entering or remaining in them

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Variations and revocations

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Procedure

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Offences

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Enforcement and prosecutions

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

End of public health response period

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 3 · Powers relating to events, gatherings and premises in Scotland

Declaration of threat to public health in Scotland due to coronavirus

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to prohibit or otherwise restrict events or gatherings in Scotland

(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to close premises in Scotland or impose restrictions on persons entering or remaining in them

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Variations and revocations

(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Procedure

(18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Enforcement

(19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Constables

(20). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Offences

(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(22). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Compensation

(23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

End of public health response period

(24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Review

(25). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 4 · Powers relating to events, gatherings and premises in Wales

Declaration of threat to public health in Wales due to coronavirus

(26). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(27). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to prohibit or otherwise restrict events or gatherings in Wales

(28). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to close premises in Wales or impose restrictions on persons entering or remaining in them

(29). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Variations and revocations

(30). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Procedure

(31). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Offences

(32). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(33). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Enforcement and prosecutions

(34). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Compensation

(35). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

End of public health response period

(36). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 5 · Powers relating to events, gatherings and premises in Northern Ireland

Declaration of threat to public health in Northern Ireland due to coronavirus

(37). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(38). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to prohibit or otherwise restrict events or gatherings in Northern Ireland

(39). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to close premises in Northern Ireland or impose restrictions on persons entering or remaining in them

(40). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Variations and revocations

(41). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Procedure

(42). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Enforcement

(43). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Offences

(44). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(45). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Compensation

(46). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

End of public health response period

(47). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 23 · Live links in criminal proceedings

Part 1 · Expansion of powers under the Criminal Justice Act 2003

Introduction

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Live links in criminal proceedings

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Magistrates' courts permitted to sit at other locations

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Requirement to attend at court, holding proceedings in court etc

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Warning to jury

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Rules of court

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Interpretation

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Safeguards

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 2 · Other modifications

Criminal Appeal Act 1968

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Criminal Justice Act 1988

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 24 · Live links in other criminal hearings

Part 1 · Expansion of powers under the Crime and Disorder Act 1998

Introduction

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Interpretation etc

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Expansion of availability of live links at preliminary hearings

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Use of live link in sentencing hearings

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Use of live link in certain enforcement hearings

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Requirement to attend at court, holding proceedings in court etc

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Prohibitions and limitations on use of live links

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 2 · Expansion of powers under the Extradition Act 2003

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 3 · Other modifications

Police and Criminal Evidence Act 1984

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Prosecution of Offences Act 1985

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Serious Organised Crime and Police Act 2005

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Sentencing Code

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 25 · Public participation in proceedings conducted by video or audio

Criminal, civil and family proceedings

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

First-tier Tribunal and Upper Tribunal

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 26 · Live links in certain magistrates' court proceedings

Schedule 27 · Use of live links in legal proceedings: Northern Ireland

Part 1 · Powers of courts and tribunals to direct use of live links

Effect, and rescission, of directions

(3)

(1)Where in any proceedings a court or tribunal—

(a)has given a direction under paragraph 2 in respect of a person, and

(b)has not rescinded the direction,

the person may not participate in the proceedings otherwise than through a live link.

(2)A court or tribunal may rescind a direction under paragraph 2 if it appears to the court or tribunal to be in the interests of justice to do so.

(3)Where it does so, the person concerned ceases to be able to participate in the proceedings through a live link, but this does not prevent a further direction under paragraph 2 being given in the proceedings in respect of the person.

(4)A direction under paragraph 2 in respect of a person may be rescinded—

(a)of the court or tribunal's own motion,

(b)on application by the person, or

(c)on application by a party to the proceedings.

(5)An application may not be made under sub-paragraph (4)(b) or (c) unless there has been a material change of circumstances since the direction was given.

(6)Where a court or tribunal rescinds a direction under paragraph 2, or refuses an application to rescind such a direction, it must—

(a)state openly its reasons for rescinding the direction or refusing the application, and

(b)if it is a magistrates' court, cause the reasons to be entered in the Order Book.

Interpretation of this Part of this Schedule: general

(7)The Interpretation Act (Northern Ireland) 1954 applies for the purposes of the preceding provisions of this Part of this Schedule as if those provisions were contained in an Act of the Northern Ireland Assembly.

Meaning of “live link”

(6)

(1)In this Part of this Schedule “live link” means a live video link or a live audio link.

(2)A “live video link”, in relation to a person (“P”) participating in proceedings, is a live television link or other arrangement which—

(a)enables P to see and hear all other persons participating in the proceedings who are not in the same location as P, and

(b)enables all other persons participating in the proceedings who are not in the same location as P to see and hear P.

(3)A “live audio link”, in relation to a person (“P”) participating in proceedings, is a live telephone link or other arrangement which—

(a)enables P to hear all other persons participating in the proceedings who are not in the same location as P, and

(b)enables all other persons participating in the proceedings who are not in the same location as P to hear P.

(4)The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of sub-paragraphs (2) and (3).

Meaning of references to participation in proceedings

(4)A reference in this Part of this Schedule to participating in any proceedings includes (in particular) participation—

(a)as a party to the proceedings,

(b)as a witness,

(c)as a judge or other member of the court or tribunal,

(d)as a member of a jury,

(e)as a legal representative acting in the proceedings,

(f)as an interpreter or other person appointed by the court or tribunal to assist in the proceedings,

(g)as the clerk to the court or tribunal, or

(h)as a representative of the press.

Participation by persons outside the United Kingdom

(5)

(1)A direction under paragraph 2 may be given in respect of a person whether the person is in the United Kingdom or elsewhere.

(2)A statement made on oath by a person outside the United Kingdom and given in evidence through a live link in accordance with a direction under paragraph 2 is to be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) as having been made in the proceedings in which it is given in evidence.

Power to give direction for participation by live link

(2)

(1)A person may, if a court or statutory tribunal so directs, participate in any proceedings in the court or tribunal through a live link.

(2)A direction may not be given under this paragraph as respects a person's participation in proceedings as a member of a jury.

(3)A direction may be given under this paragraph in respect of a person—

(a)of the court or tribunal's own motion,

(b)on application by the person, or

(c)on application by a party to the proceedings.

(4)A court or tribunal may not give a direction under this paragraph unless the court or tribunal is satisfied that it is in the interests of justice to do so.

(5)In deciding whether to give a direction under this paragraph, the court or tribunal must consider all the circumstances of the case.

(6)Those circumstances include (in particular)—

(a)the views of the person;

(b)the views of the parties to the proceedings;

(c)public health interests.

(7)Where a court or tribunal refuses an application for a direction under this paragraph, it must—

(a)state openly its reasons for doing so, and

(b)if it is a magistrates' court, cause the reasons to be entered in the Order Book.

(8)Power of a court or tribunal to give a direction under this paragraph is additional to, and does not limit, any other power of the court or tribunal.

Proceedings to which this Part of this Schedule applies

(1)

(1)This Part of this Schedule applies to any proceedings in a court or statutory tribunal.

(2)In this Part of this Schedule “court” means—

(a)the Court of Appeal,

(b)the High Court,

(c)the Crown Court,

(d)a county court, or

(e)a magistrates' court.

(3)In this Part of this Schedule “statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include—

(a)a court, or

(b)any tribunal established by or under a statutory provision that could not have been included in an Act of the Northern Ireland Assembly made without the Secretary of State's consent.

(4)In this paragraph “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

Part 2 · Public participation in proceedings where live links used

(8)The Judicature (Northern Ireland) Act 1978 has effect as if after section 102 there were inserted—“102A 1 If proceedings in a court or statutory tribunal are to be conducted wholly as video proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—a may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to see and hear the proceedings;b may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court or tribunal to keep an audio-visual record of the proceedings.2 If proceedings in a court or statutory tribunal are to be conducted wholly as audio proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—a may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to hear the proceedings;b may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court or tribunal to keep an audio record of the proceedings.3 A direction under this section may relate to the whole, or to part, of the proceedings concerned.102B 1 It is an offence for a person to make—a an unauthorised recording, orb an unauthorised transmission,of an image or sound which is being broadcast in accordance with a direction under section 102A.2 It is an offence for a person to make—a an unauthorised recording, orb an unauthorised transmission,of an image of, or sound made by, another person while the other person is viewing or listening to a broadcast made in accordance with a direction under section 102A.3 It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the recording or transmission of the image or sound concerned, the person—a was not in designated live-streaming premises, andb did not know, and could not reasonably have known, that the image or sound was—i being broadcast in accordance with a direction under section 102A (in the case of an offence under subsection (1)), orii an image of, or sound made by, another person while viewing or listening to a broadcast made in accordance with a direction under section 102A (in the case of an offence under subsection (2)).4 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.5 For the purposes of this section it does not matter whether a person making a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.6 For the purposes of this section, a recording or transmission is “unauthorised” unless it is—a authorised by a direction under section 102A,b otherwise authorised (generally or specifically) by the court or tribunal in which the proceedings concerned are conducted, orc authorised (generally or specifically) by the Department.102C 1 It is an offence for a person to make—a an unauthorised recording, orb an unauthorised transmission,of an image or sound which is being transmitted through a live video link or transmitted through a live audio link.2 It is an offence for a person (“P”) to make—a an unauthorised recording, orb an unauthorised transmission,of an image of, or sound made by, any person (whether P or another person) while that person is participating in court or tribunal proceedings through a live video link or live audio link.3 It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the recording or transmission, the person did not know, and could not reasonably have known, that the image or sound concerned—a was being transmitted through a live video link or through a live audio link (in the case of an offence under subsection (1)), orb was an image of, or sound made by, a person while that person was participating in court or tribunal proceedings through a live video link or live audio link (in the case of an offence under subsection (2)).4 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.5 For the purposes of this section it does not matter whether a person making a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.6 For the purposes of this section, a recording or transmission is “unauthorised” unless it is—a authorised (generally or specifically) by the court or tribunal in which the proceedings are conducted, orb authorised (generally or specifically) by the Department.102D 1 This section applies for the purposes of this Part.2 The following expressions have the meanings given—• “court” means—(a) the Court of Appeal,(b) the High Court,(c) the Crown Court,(d) a county court, or(e) a magistrates' court;• “court or tribunal proceedings” means any proceedings in any court or statutory tribunal;• “the Department”—(a) in relation to a court, means the Department of Justice, and(b) in relation to a statutory tribunal, means a Northern Ireland department;• “designated live-streaming premises” means premises that are designated by the Department for the purposes of this section as premises provided by the Department for the purpose of enabling members of the public to see and hear, or hear, proceedings that are broadcast in accordance with directions under section 102A;• “recording” means a recording on any medium—(a) of a single image, a moving image or any sound, or(b) from which a single image, a moving image or any sound may be produced or reproduced;• “statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include—(a) a court, or(b) any tribunal established by or under a statutory provision that could not have been included in an Act of the Northern Ireland Assembly made without the Secretary of State's consent;• “transmission” means any transmission by electronic means of a single image, a moving image or any sound.3 A “live video link”, in relation to a person (“P”) taking part in proceedings, is a live television link or other arrangement which—a enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, andb enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.4 Proceedings are conducted wholly as video proceedings if—a directions have been given, whether under paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live video link, andb all those persons take part in the proceedings in accordance with those directions.5 A “live audio link”, in relation to a person (“P”) taking part in proceedings, is a live telephone link or other arrangement which—a enables P to hear all other persons taking part in the proceedings who are not in the same location as P, andb enables all other persons taking part in the proceedings who are not in the same location as P to hear P.6 Proceedings are conducted wholly as audio proceedings if—a directions have been given, whether under paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live audio link, andb all those persons take part in the proceedings in accordance with those directions.7 An image or sound—a is transmitted through a live video link if it is transmitted as part of a person's participation in court or tribunal proceedings through a live video link;b is transmitted through a live audio link if it is transmitted as part of a person's participation in court or tribunal proceedings through a live audio link.8 The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of subsections (3) and (5).”

Part 3 · Availability of live links in certain magistrates' court proceedings in Northern Ireland

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 28 · Transportation, storage and disposal of dead bodies etc

Part 1 · Information about capacity

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 2 · Directions and other measures to address lack of capacity

Designation where there is insufficient capacity to deal with dead bodies etc

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Directions to do things calculated to facilitate dealing with dead bodies etc

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power of ministers etc to step in

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Appropriate national authority directions to prevail

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Compensation where directions given

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Guidance

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

General provisions about directions and schemes

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Procedure

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 3 · Power to direct local authorities etc

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 4 · Deceased's wishes etc

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part 5 · Interpretation

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 29 · Residential tenancies in England and Wales: protection from eviction

Interpretation

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Rent Act 1977: protected tenancies and statutory tenancies

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Secure tenancies

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Flexible tenancies

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Assured tenancies

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Assured shorthold tenancies

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Introductory tenancies

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Demoted tenancies

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Consequential modifications in relation to prescribed forms

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to alter three month notice periods

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Regulations under this Schedule

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Contains public sector information licensed under the Open Government Licence v3.0.