Legislation – The Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) Regulations 2021

SCHEDULES

SCHEDULE 1 Venues to which requirements apply

SCHEDULE 2 Exempt events

Signature

Explanatory note

Which version?
Latest available (Revised)
Original (As enacted)

Interpretation2.

(1)

In these Regulations—

“authorised vaccine” has the meaning given in regulation 3A (interpretation of Part) of the International Travel Regulations2;

“clinical trial” has the meaning given in regulation 2(1) (interpretation) of the Medicines for Human Use (Clinical Trials) Regulations 20043;

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“designated” means designated by name or description;

“International Travel Regulations” means the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 20214;

“the licensing authority” has the meaning given in regulation 6(2) (the licensing authority and the Ministers) of the Human Medicines Regulations 20125;

“NHS” means the health service continued under section 1(1) of the National Health Service Act 20066;

“qualifying test” has the meaning given in regulation 3;

“relevant vessel” is a vessel which departs from, and returns to, a place in England, which does not call at any place outside England;

“responsible person” has the meaning given in regulation 5(7);

“valid notification” has the meaning given in regulation 9(9);

“vessel” means any ship, boat, barge, lighter or raft and any other description of craft, whether used in navigation or not.

(2)

For the purposes of these Regulations—

(a)

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 include references to the following—

(aa)

accommodation in a hotel, hostel, campsite, caravan park, members’ club, boarding house or bed and breakfast accommodation;

(bb)

children’s homes, within the meaning of section 1 of the Care Standards Act 20007;

(cc)

care homes, within the meaning of section 3 of the Care Standards Act 20008;

(dd)

residential family centres, within the meaning of section 4 of that Act9;

(ee)

accommodation provided for students whilst they are boarding at school;

(ff)

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;

(gg)

accommodation intended for use by Her Majesty’s armed forces;

(b)

“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 198810;

(c)

“further education” has the meaning given by section 2 of the Education Act 199611;

(d)

“16 to 19 Academy” has the meaning given by section 1B of the Academies Act 201012;

(e)

references to a person “providing services” at a venue or an event—

(i)

include the provision of services in any capacity, whether as a worker, volunteer or otherwise, whether or not those services are provided to or on behalf of the responsible person,

(ii)

only include persons who are providing services in person at the venue or event,

(iii)

are to be read as including a person who attends an event or venue to sell goods to others attending that event or venue, and, in the case of a conference, as including a person who attends that event to distribute information to delegates attending the conference;

(f)

subject to sub-paragraph (g), a place is indoors if it would be considered to be enclosed, or substantially enclosed, for the purposes of section 2 of the Health Act 200613,

(g)

under the Smoke-free (Premises and Enforcement) Regulations 200614;

(h)

seating, terraces or other standing areas within a stadium or theatre which—

(i)

are covered, or partly covered and partly uncovered, and

(ii)

open onto an uncovered pitch, court, track, stage, or other open-air area where an event is taking place,

are to be treated as outdoor areas;

(i)

references to a “local authority” include references to a county council;

(j)

a county council for an area for which there is also a district council is to be regarded, with respect to its functions pursuant to these Regulations, as a relevant health protection authority for the purposes of the Public Health (Control of Disease) Act 1984.

(3)

For the purposes of these Regulations, “event” means—

(a)

an occasion such as—

(i)

an entertainment, a performance or similar occasion,

(ii)

a competition, race, match or other sporting event,

(iii)

a celebration, ball, reception, or other organised social event,

(iv)

a conference, presentation, business reception, trade show, award show or a charitable auction, and

(b)

subject to paragraph (4), does not include activities which take place every day at a venue as a normal part of the business of that venue.

(4)

Paragraph (3)(b) does not apply to events which are hosted by a venue all or most of whose business consists of the hosting of different events.

(5)

For the purposes of paragraph (3)(a)(iv), a “trade show” is an occasion held to bring together members of a particular industry to display, demonstrate and discuss their latest products or services with members of the public or other members of the industry.