Legislation – The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021
PART 1Introductory
Interpretation2.
(1)
In these Regulations—
“campaigning” means undertaking activities for election purposes or for referendum purposes, and “campaigner” means a person who undertakes such activities;
“charitable, benevolent or philanthropic institution” means—
(a)
a charity, or
(b)
an institution, other than a charity, established for charitable, benevolent or philanthropic purposes;
“child” means a person under the age of 18;
“” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“criminal justice accommodation” means—
(a)
(b)
a young offender institution, within the meaning of section 43 of that Act,
(c)
a secure training centre, within the meaning of section 43 of that Act,
(d)
(e)
“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government department, or held in trust for Her Majesty for the purposes of a Government department, and includes any estate or interest held in right of the Prince and Steward of Scotland;
“Crown land” means land in which there is a Crown interest or a Duchy interest;
“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;
“early years provision” has the meaning given by section 96(2) of the Childcare Act 2006;
“educational accommodation” means—
(a)
accommodation provided for students whilst they are boarding at school, or
(b)
halls of residence provided for students attending higher education courses and equivalent accommodation provided for students attending further education courses or courses at 16 to 19 Academies;
“elite sportsperson” means an individual who—
(a)
derives a living from competing in a sport,
(b)
is a senior representative nominated by a relevant sporting body,
(c)
is a member of the senior training squad for a relevant sporting body, or
(d)
is on an elite development pathway;
“embarkation point” means an international terminal or any other place in England from which a person may travel to a destination outside the United Kingdom;
“gathering organiser”, in relation to a gathering, means the person responsible for organising the gathering;
“higher education provider” means—
(a)
(b)
a provider of higher education, within the meaning of section 83(1) of the Higher Education and Research Act 2017, which is not an institution (within the meaning of that section), whether or not it is designated under section 84 of that Act;
“immigration detention accommodation” means—
(a)
a removal centre,
(b)
a short-term holding facility, or
(c)
pre-departure accommodation,
“informal childcare” has the meaning given by regulation 4(8);
“licensed premises” has the meaning given by section 193(1) of the Licensing Act 2003;
“linked childcare household” has the meaning given by regulation 4;
“linked household” has the meaning given by regulation 3;
“manager”, in relation to a gathering, means the person responsible for the management of the premises on which the gathering takes place;
“outdoor sports gathering” means a gathering—
(a)
which is organised by a business, a charitable, benevolent or philanthropic institution or a public body for the purposes of allowing persons who are not elite sportspersons to take part in any sport or other fitness related activity,
(b)
which takes place outdoors, and
(c)
in respect of which the gathering organiser or manager takes the required precautions;
“parent” of a child includes any person who is not a parent of the child but who has parental responsibility for, or who has care of, the child;
“permitted organised gathering” has the meaning given by regulation 5;
“person who has been released on temporary licence” means a person who has been temporarily released from—
(a)
“person responsible” for carrying on a business includes the owner, proprietor and manager of that business;
“political body” means—
(a)
(b)
“premises licence” has the meaning given by section 11 of the Licensing Act 2003;
“public outdoor place” is an outdoor place to which the public have, or are permitted, access (whether on payment or otherwise) and includes—
(a)
land laid out as a public garden or used for the purpose of recreation by members of the public;
(b)
(c)
(d)
any highway to which the public has access;
(e)
Crown land to which the public has access;
“registered pupil” has the meaning given by section 434(5) of the Education Act 1996;
“relevant outdoor activity” means a physical activity which is carried on outdoors and for which a licence, permit or certificate issued by a public body to carry on the activity, or for any equipment used for the purposes of the activity, must be held by—
(a)
the gathering organiser, or
(b)
any person taking part in the activity;
“required precautions” means the precautions which a gathering organiser or manager is required to take in relation to a gathering in accordance with regulation 6;
“sportsground” means any location in which elite sports training or competition takes place for the purpose of, or for purposes which include the purpose of, entertaining spectators;
“Step 1 area” has the meaning given by regulation 7(4)(b);
“Step 1 restrictions” has the meaning given by regulation 7(4)(a);
“Step 2 area” has the meaning given by regulation 7(4)(d);
“Step 2 restrictions” has the meaning given by regulation 7(4)(c);
“Step 3 area” has the meaning given by regulation 7(4)(f);
“Step 3 restrictions” has the meaning given by regulation 7(4)(e);
“support group” means a group or one to one support which is organised by a business, a charitable, benevolent or philanthropic institution or a public body to provide mutual aid, therapy or any other form of support to its members or those who attend its meetings, for example those providing support—
(a)
to victims of crime (including domestic abuse);
(b)
to those with, or recovering from, addictions (including alcohol, narcotics or other substance addictions) or addictive patterns of behaviour;
(c)
to new parents;
(d)
to those with, or caring for persons with, any long-term illness or terminal condition or who are vulnerable;
(e)
to those with a disability, or caring for persons with a disability;
(f)
to those facing issues related to their sexuality or identity including those living as lesbian, gay, bisexual or transgender;
(g)
to those who have suffered bereavement;
(h)
to vulnerable young persons;
“travel declaration form” means the form referred to in regulation 8(4);
“vessel” means any ship, boat, barge, lighter or raft and any other description of craft, whether used in navigation or not;
“vulnerable person” includes—
(a)
any person aged 70 or older;
(b)
any person aged under 70 who has an underlying health condition, including (but not limited to) the conditions listed in paragraph (4);
(c)
any person who is pregnant.
(2)
In the definition of “elite sportsperson”—
(a)
“elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—
(i)
so that they may derive a living from competing in that sport, or
(ii)
to compete in that sport at the Tokyo or Beijing Olympic or Paralympic Games, at the Paris Olympic or Paralympic Games, or in the Commonwealth Games to be held in Birmingham;
(b)
“relevant sporting body” means the national governing body of a sport which may nominate sportspersons to represent—
(i)
Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or at the Paris Olympic or Paralympic Games, or
(ii)
England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham;
(c)
“senior representative” means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—
(i)
Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games or at the Paris Olympic or Paralympic Games, or
(ii)
England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham.
(3)
In the definition of “relevant outdoor activity”, the reference to a licence does not include a licence to drive a motor vehicle in the United Kingdom or to serve food or alcohol.
(4)
The conditions referred to in the definition of “vulnerable person” are—
(a)
chronic (long-term) respiratory diseases, such as asthma, chronic obstructive pulmonary disease, emphysema or bronchitis;
(b)
chronic heart disease, such as heart failure;
(c)
chronic kidney disease;
(d)
chronic liver disease, such as hepatitis;
(e)
chronic neurological conditions, such as Parkinson’s disease, motor neurone disease, multiple sclerosis, a learning disability or cerebral palsy;
(f)
diabetes;
(g)
problems with the spleen, such as sickle cell disease or removal of the spleen;
(h)
a weakened immune system as a result of conditions such as HIV and AIDS, or medicines such as steroid tablets or chemotherapy;
(i)
being seriously overweight with a body mass index of 40 or above.
(5)
For the purposes of these Regulations—
(a)
references to a person who has a disability are to a person who has a physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities;
(b)
references to a “consular post” means a consulate-general, consulate, vice-consulate or consular agency;
(c)
activities are undertaken “for election purposes” if they are undertaken—
(i)
for the purposes of or in connection with—
(aa)
promoting or procuring electoral success for a registered political party, or
(bb)
promoting or procuring a candidate’s election, or
(ii)
with a view to prejudicing the electoral prospects at an election of a registered political party or candidate;
(d)
activities are undertaken “for referendum purposes” if they are undertaken—
(i)
for the purposes of or in connection with promoting or procuring a particular outcome in relation to the question asked in a referendum, or
(ii)
with a view to prejudicing the prospects of another particular outcome in relation to the question asked in a referendum;
(e)
references to a “local authority” include references to a county council;
(f)
a county council for an area for which there is also a district council is to be regarded, with respect to its functions under these Regulations, as a relevant health protection authority for the purposes of the Public Health (Control of Disease) Act 1984;
(g)
a gathering takes place when two or more persons are present together in the same place in order—
(i)
to engage in any form of social interaction with each other, or
(ii)
to undertake any other activity with each other;
(h)
(i)
references to a “private dwelling”—
(i)
include references to a houseboat and any garden, yard, passage, stair, outhouse or other appurtenance of the dwelling;
(ii)
do not, except in regulation 5(2), or as otherwise specified, include references to the following—
(aa)
accommodation in a hotel, hostel, campsite, caravan park, members’ club, boarding house or bed and breakfast accommodation;
(bb)
care homes;
(cc)
(dd)
(ee)
educational accommodation;
(ff)
accommodation intended for use by Her Majesty’s armed forces.