England COVID-19 alert levels by district (as of 31 October 2020) Tier 1 (Medium) Tier 2 (High) Tier 3 (Very High)Front page of the tier 1 regulations, SI 2020/1103
On 14 October 2020, the UK Government abandoned its attempts to control the spread of SARS-CoV-2 by means of piecemeal local regulations and introduced a three-tier approach across England, with legal restrictions varying according to government-defined tiers (referred to in government statements as "Local COVID Alert Levels"). Tier 1 restrictions were referred to as 'Local COVID Alert Level Medium', with tier 2 being 'Local COVID Alert Level High' and tier 3 'Local COVID Alert Level Very High'. The restrictions were enforced by three English statutory instruments, as follows:
"Tier 1": The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020 (SI 2020/1103)
"Tier 2": The Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020 (SI 2020/1104)
"Tier 3": The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020 (SI 2020/1105)
These are collectively referred to in this article as the "tier regulations".
In response to the developing COVID-19 pandemic the UK government issued advice to English schools on 12 March 2020 that they should cancel trips abroad,[1] and on 16 March that the public should avoid non-essential travel, crowded places, and visits to care homes.[2] This was followed by the closure of schools, colleges and nurseries from 21 March.[3]
On 21 March the government used emergency powers to make business closure regulations, enforcing the closure in England of businesses selling food and drink for consumption on the premises, as well as a range of other businesses such as nightclubs and indoor leisure centres where a high risk of infection could be expected. Five days later the restrictions were made more extensive.[4] On 26 March 2020 the even more stringent Lockdown Regulations came into force. These became the principal delegated English legislation restricting freedom of movement, gatherings, and business closures, and were progressively relaxed on 22 April, 13 May, 1 June, and 13/15 June. The No. 2 regulations of 4 July 2020 further relaxed the rules throughout most of England,[5] apart from City of Leicester and the surrounding area[6] which became the subject of the first of a series of local regulations.
Between July and September 2020, more extensive and increasingly rigorous ad hoc local regulations were introduced, which in many areas proved unsuccessful in controlling spread of the virus.[7] All of these local regulations were swept away on 14 October 2020, and were replaced by the tier regulations.
Legal basis
The tier regulations were introduced by way of Statutory Instruments made by the Secretary of State for Health and Social Care, Matt Hancock, using emergency powers under the Public Health (Control of Disease) Act 1984, the stated legal basis being "the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England". In each case, the Secretary of State used section 45R of the Public Health (Control of Disease) Act 1984 to enact the regulations without prior parliamentary consideration, subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.[8]
Each of the three regulations was made on 12 October and came into force on 14 October 2020.
Tiered restrictions
Government posters, October 2020
Tier 1 (Medium)
Tier 2 (High)
Tier 3 (Very High)
The concept of standardised Local COVID Alert Levels – medium, high and very high – was introduced by these regulations on 14 October 2020.[9] The levels were referred to in government statements as Tier 1, 2 and 3 respectively.[10]
Only three days later, piecemeal local changes were re-introduced at the tier 3 level, with additional local restrictions applying only in Liverpool,[11] and different local restrictions applying only in Lancashire.[11]
Bedfordshire: Luton. Derbyshire: Amber Valley, Bolsover, Derby, Derbyshire Dales, High Peak (all areas), South Derbyshire. East Riding of Yorkshire: East Riding, Hull. Shropshire:[16] Telford & Wrekin. Leicestershire: Charnwood. Lincolnshire: NE Lincs, N Lincs. Oxfordshire: Oxford. Staffordshire: East Staffordshire, Lichfield, Newcastle-under-Lyme, South Staffordshire, Stafford, Stafford Moorlands, Tamworth, West Midlands: Dudley
Lancashire: Blackpool, Blackburn with Darwen, Burnley, Chorley, Fylde, Hyndburn, Lancaster City Council, Pendle, Preston, Ribble Valley, Rossendale, South Ribble, West Lancashire, Wyre
* Meetings of up to 6 were permitted only in free-to-access public outdoor areas, and pay-to-access public outdoor sports grounds and facilities, botanical gardens and the gardens of castles, stately homes and historic houses[28](other than fairgrounds or funfairs).[29] No gatherings were permitted in any other outdoor area.[30]
Exceptions to restrictions on gatherings
There were a variety of permitted exceptions to the above prohibitions, with details varying according to tier.
Tier 1 exceptions
Tier 1 exceptions
Type
Indoor and outdoor exceptions
Ref
Same or linked households
All required to be members of a common household, or of two linked households ("support bubble")
Organised, with precautions, by a business, charity or public body after a risk assessment. Participants must attend either alone or as part of a sub-group of no more than 6 (apart from larger single or linked household groups). Not allowed at a private dwelling
Work, voluntary services, education, registered childcare, supervised activities for children, emergency assistance, avoiding harm, providing care to a vulnerable person, child access to parents, contact between certain siblings, prospective adopters
No more than 30 people. Organised, with precautions, after a risk assessment. Must be in a public outdoor space or a business or charity premises. Not allowed at a private dwelling
An outdoor physical activity for which a licence or permit issued by a public body (other than a driving licence or a food or alcohol licence) is required
Commemorations where spectators participate either alone or as part of a sub-group of no more than 6 (apart from larger single or linked household groups). Provisions also for attendees who are working, members of the armed or voluntary services, and veterans
Organised, with precautions, by a business, charity or public body after a risk assessment. Participants must attend either alone or as part of a sub-group of no more than 6 (apart from larger single or linked household groups). Not allowed at a private dwelling
Work, voluntary services, education, registered childcare, supervised activities for children, emergency assistance, avoiding harm, providing care to a vulnerable person, child access to parents, contact between certain siblings, prospective adopters
No more than 30 people. Organised, with precautions, after a risk assessment. Must be held at a business or charity premises. Not allowed at a private dwelling
An outdoor physical activity for which a licence or permit issued by a public body (other than a driving licence or a food or alcohol licence) is required
Commemorations where spectators participate either alone or as part of a sub-group of no more than 6 (apart from larger single or linked household groups). Provisions also for attendees who are working, members of the armed or voluntary services, and veterans
Organised, with precautions, by a business, charity or public body after a risk assessment. Participants must attend either alone or as part of a sub-group of no more than 6 (apart from larger single or linked household groups). Not allowed at a private dwelling
Work, voluntary services, education, registered childcare, supervised activities for children, emergency assistance, avoiding harm, providing care to a vulnerable person, child access to parents, contact between certain siblings, prospective adopters, to facilitate a house move
No more than 30 people. Organised, with precautions, after a risk assessment. Must be held at a business or charity premises. Not allowed at a private dwelling
Commemorations where spectators participate either alone or as part of a sub-group of no more than 6 (apart from larger single or linked household groups). Provisions also for attendees who are working, members of the armed or voluntary services, and veterans
An outdoor physical activity for which a licence or permit issued by a public body (other than a driving licence or a food or alcohol licence) is required
There were no exception at tier 3 for wedding and civil partnership receptions.
Linked households
A household containing exactly one adult (no more) and any number of children could form a permanent link with one other household of any size (such linked households were referred to in government statements as "support bubbles").[98] Households which were already linked under earlier regulations could not link with any other household.[99][100][101]
Business closures and restrictions
All the tiers were subject to business closures and restrictions on trading.
Tier 1 business restrictions
Tier 1 closures and restrictions
Details
Ref
Exceptions
Ref
Businesses that must close
Nightclubs, dance halls, discos, sexual entertainment venues, hostess bars, any venue with music and dancing that opens at night
Must close between 22:00 and 05:00: restaurants*, food and drink takeaways*, cafes and workplace canteens*, bars*, pubs*, social clubs*, casinos*, bowling alleys, cinemas, theatres, amusement arcades or other indoor leisure centres, funfairs (indoors or outdoors), theme and adventure parks and activities, bingo halls, and concert halls
Supermarkets, convenience stores, pharmacists, petrol stations;[105] motorway service stations);[106] air and sea ports;[107] on public transport;[108] online food and drink deliveries and collections, drive-through takeaways.[109] Cinemas, theatres and concert halls may remain open after 22:00 for the purpose of completing performances which began before that time[110]
Table service and customer eating
Venues marked * above selling alcohol must serve all food and drink to customers seated at tables. Customers must order at the table, and must remain seated while eating and drinking. Venues so marked which do not sell alcohol need not serve customers at a table, but they must ensure that customers eating and drinking on the premises remain seated
Must close between 22:00 and 05:00: restaurants*, food and drink takeaways*, cafes and workplace canteens*, bars*, pubs*, social clubs*, casinos*, bowling alleys, cinemas, theatres, amusement arcades or other indoor leisure centres, funfairs (indoors or outdoors), theme and adventure parks and activities, bingo halls, and concert halls
Supermarkets, convenience stores, pharmacists, petrol stations;[114] motorway service stations);[115] air and sea ports;[116] on public transport;[117] online food and drink deliveries and collections, drive-through takeaways.[118] Cinemas, theatres and concert halls may remain open after 22:00 for the purpose of completing performances which began before that time[119]
Table service and customer eating
Venues marked * above which sell alcohol must serve all food and drink to customers seated at tables. Customers must order at the table, and must remain seated while eating and drinking. Venues so marked which do not sell alcohol need not serve customers at a table, but they must ensure that customers eating and drinking on the premises remain seated
Where the owner runs a separate shop, cafe or restaurant, or an online delivery service[122]
Restrictions on pubs, bars, and other venues selling alcohol for consumption on the premises
These venues must close unless they serve alcohol only as part of a main meal (at least equivalent to the main course of a main midday or evening meal). The meal must be eaten while seated at a table (not at a serving counter). This rule applies equally to areas adjacent to the premises used by customers
Must close between 22:00 and 05:00: restaurants*, food and drink takeaways*, cafes and workplace canteens*, bars*, pubs*, social clubs*, bowling alleys, cinemas, theatres, amusement arcades or other indoor leisure centres, funfairs (indoors or outdoors), theme and adventure parks and activities, bingo halls, and concert halls
Supermarkets, convenience stores, pharmacists, petrol stations;[126] motorway service stations);[127] air and sea ports;[128] on public transport;[129] online food and drink deliveries and collections, drive-through takeaways.[130] Cinemas, theatres and concert halls may remain open after 22:00 for the purpose of completing performances which began before that time[131]
Table service and customer eating
Venues marked * above which sell alcohol must serve all food and drink to customers seated at tables. Customers must order at the table, and must remain seated while eating and drinking. Venues so marked which do not sell alcohol need not serve customers at a table, but they must ensure that customers eating and drinking on the premises remain seated
Must close: restaurants, cafes (except for the serving of a substantial table meal, without alcohol); betting shops and adult gaming centres, casinos, bingo halls, car boot sales, most auction houses; theme parks, circuses, funfairs, fairgrounds; spas and beauty salons (other than hairdressers), nail bars, tanning salons, tattoo and piercing parlours, saunas; most conference centres and exhibition halls, museums and galleries; many indoor entertainment venues including: visitor attractions, amusement arcades, bowling alleys, play centres and soft play areas, roller-skating rinks, indoor games, recreation and entertainment venues (such as laser quests and escape rooms); hookah lounges.
The tier 1 regulations added cinemas, concert venues and theatres to the existing requirement for venue operators to obtain contact details (name and phone number) from people or groups entering the venue.[137]
Enforcement
Breaches of the regulations were offences and could be prosecuted or dealt with by fixed penalty notices with penalties ranging up to £10,000 for repeated violations.[138]
Reviews and revocation
The Secretary of State had to review the need for all the restrictions every 28 days, and also the applicability of the tier 2 geographical areas every 14 days. There was no separate review of the tier 1 geographical areas.[139] Tier 3 geographical area designations were set to expire automatically after 28 days.[24]
Move up to tier 2: Greater London and the City of London, Essex (apart from Southend-on-Sea and Thurrock), Derbyshire (parts of High Peak), Cumbria (Barrow-in-Furness), North Yorkshire (York) and Surrey (Elmbridge)
Allow the re-opening of casinos, betting shops, indoor gyms, fitness and dance studios and indoor sports facilities, except in Liverpool and Lancashire where special rules applied
Move up to tier 2:Bedfordshire: Luton. Derbyshire: Amber Valley, Bolsover, Derby, Derbyshire Dales, remaining areas of High Peak, South Derbyshire. East Riding of Yorkshire: East Riding, Hull. Shropshire:[16] Telford & Wrekin. Leicestershire: Charnwood. Lincolnshire: NE Lincs, N Lincs. Oxfordshire: Oxford. Staffordshire: East Staffordshire, Lichfield, Newcastle-under-Lyme, South Staffordshire, Stafford, Stafford Moorlands, Tamworth, West Midlands: Dudley
"SI 350". Legislation.gov.uk. 26 March 2020. The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Retrieved 1 June 2020.
"SI 684". Legislation.gov.uk. 4 July 2020. The Health Protection (Coronavirus, Restrictions) (England) (No. 2) Regulations 2020. Retrieved 4 July 2020.
"SI 685". Legislation.gov.uk. 4 July 2020. The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020. Retrieved 17 August 2020.
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"SI 1104". Legislation.gov.uk. 14 October 2020. The Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020. Retrieved 13 October 2020.
"SI 1105". Legislation.gov.uk. 14 October 2020. The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020. Retrieved 13 October 2020.
"SI 1128". Legislation.gov.uk. 17 October 2020. The Health Protection (Coronavirus, Local COVID-19 Alert Level) ( High) (England) (Amendment) Regulations 2020. Retrieved 15 October 2020.
"SI 1131". Legislation.gov.uk. 17 October 2020. The Health Protection (Coronavirus, Local COVID-19 Alert Level) ( Very High) (England) (Amendment) Regulations 2020. Retrieved 16 October 2020.
"SI 1154". Legislation.gov.uk. 22 October 2020. The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium, High and Very High) (England) (Amendment) Regulations 2020. Retrieved 23 October 2020.
"SI 1176". Legislation.gov.uk. 27 October 2020. The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium, High and Very High) (England) (Amendment) (No. 2) Regulations 2020. Retrieved 27 October 2020.
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