Where they consider that there is an imminent threat to public health a local authority may give directions on the imposition of prohibitions, requirements or restrictions in relation to:
- the entry into, departure from, or location of persons in, specified premises in the local authority’s area
- the holding of an event in its area
- access to a specified public outdoor place in its area, or public outdoor places in its area of a specified description
Legislation: Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
Notes:
Applies in: England from 18/07/2020 until 17/01/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
A local authority designated officer or a constable may take such action as is necessary to enforce a direction under these regulations.
A local authority designated officer may give a prohibition notice to a person if the officer reasonably believes that:
(a)the person is contravening a direction and
(b) it is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to do so.
"Local authority designated officer" means a person designated by a local authority for the purposes of this regulation.
Legislation: Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
Notes:
Applies in: England from 18/07/2020 until 17/01/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
A person authorised by a local authority may issue a fixed penalty notice to anyone that the authorised person reasonably believes has committed an offence under these Regulations and is aged 18 or over.
A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to an authority specified in the notice.
The authority specified in the notice must be the local authority (or as the case may be, any of the local authorities) in whose area the offence is alleged to have been committed ("the relevant local authority"), or an officer designated by the Secretary of State, or by the relevant local authority, for the purposes of this regulation.
Legislation: Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
Notes:
Applies in: England from 18/07/2020 until 17/01/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
Proceedings for an offence under these Regulations may be brought by a local authority, the Crown Prosecution Service and any person designated by the Secretary of State (but this does not affect any other power to bring proceedings for such an offence).
Legislation: Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
Notes:
Applies in: England from 18/07/2020 until 17/01/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
A county council for an area for which there is also a district council may direct the district council to exercise any of the district council's functions in a specified way. But a county council may only give a direction under this regulation if it considers that it is necessary and proportionate to do so in order to prevent, protect against, delay or otherwise control the incidence or spread of infection by coronavirus in the district council's area.
A direction under this regulation may be varied or revoked by the county council.
In determining whether to give a direction under this regulation, or to vary or revoke such a direction, a county council must have regard to any advice given to it by its director of public health (or its interim or acting director of public health).
Legislation: Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
Notes:
Applies in: England from 18/07/2020 until 17/01/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
A local authority may give a direction imposing prohibitions, requirements or restrictions in relation to the entry into, departure from, or location of persons in, specified premises in the local authority's area.
A direction may be given only for the purposes of closing the premises, restricting entry to the premises, or securing restrictions in relation to the location of persons in the premises.
Conditions which must be complied with when issuing directions are specified in the Regulations.
Legislation: Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
Notes:
Applies in: England from 18/07/2020 until 17/01/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
A local authority may give a direction imposing prohibitions, requirements or restrictions in relation to the holding of an event in its area. A direction may be given in relation to a specified event, or events of a specified description.
A direction may only have the effect of imposing prohibitions, requirements or restrictions on:
- the owner or any occupier of premises for an event to which the direction relates,
- the organiser of such an event, and
- any other person involved in holding such an event.
A direction may, among other things, impose requirements about informing persons who may be planning to attend an event of any prohibitions, requirements or restrictions imposed in relation to the holding of it.
Legislation: Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
Notes:
Applies in: England from 18/07/2020 until 17/01/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
A local authority may give a direction imposing prohibitions, requirements or restrictions in relation to access to a specified public outdoor place in its area, or public outdoor places in its area of a specified description. Such a direction may in particular prohibit access at specified times.
A direction must:
- specify or describe the public outdoor place or places to which it relates in sufficient detail to enable the boundaries of the place or places to be determined
- state the date and time on which any prohibition, requirement or restriction imposed by the direction comes into effect, and the date and time on which it will end, and
- give details of the right of appeal to a magistrates' court, and the time within which such an appeal may be brought.
Legislation: Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
Notes:
Applies in: England from 18/07/2020 until 17/01/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
A local authority which has given a direction under regulation 6(1) must take reasonable steps to prevent or restrict public access to the public outdoor place or places to which the direction relates in accordance with the direction.
Any person, other than a local authority who owns, occupies or is responsible for land in a public outdoor place to which a direction under regulation 6(1) relates must take reasonable steps to prevent or restrict public access to that land in accordance with the direction.
No person may without reasonable excuse enter or remain in a public outdoor place to which a direction under regulation 6(1) relates in contravention of a prohibition, requirement or restriction imposed by the direction.
Legislation: Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
Notes:
Applies in: England from 18/07/2020 until 17/01/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
In respect of a reference in any enactment to a meeting of a local authority, that authority may, as they may determine:
(a) hold such meetings and at such hour and on such days; and
(b) alter the frequency, move or cancel such meetings,
without requirement for further notice.
Where an appointment would otherwise be made or require to be made at an annual meeting of a local authority, such appointment continues until the next annual meeting of the authority or until such time as that authority may determine.
Legislation: Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020
Notes:
Applies in: England and Wales from 04/04/2020 until 06/05//2021
Applies to: County council, District council, Fire authority, Greater London Authority, London borough, Metropolitan council, National park authority, Transport authority, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
A local authority may conduct a meeting which is not limited to all attendees being present in the same place but may allow attendance by electronic, digital or virtual means. Attendance is dependent upon conditions specified in Regulations being met.
Legislation: Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020
Notes:
Applies in: England and Wales from 04/04/2020 until 06/05//2021
Applies to: County council, District council, Fire authority, Greater London Authority, London borough, Metropolitan council, National park authority, Transport authority, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
Where a meeting is scheduled the authority may give notice of the date/time and place of the meeting by publishing such information on its website. The place of the meeting may be remote.
Legislation: Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020
Notes:
Applies in: England and Wales from 04/04/2020 until 06/05//2021
Applies to: County council, District council, Fire authority, Greater London Authority, London borough, Metropolitan council, National park authority, Transport authority, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
A meeting being “open to the public” includes access to the meeting through remote means including (but not limited to) video conferencing, live webcast, and live interactive streaming and, where a meeting is accessible to the public through such remote means, the meeting is open to the public whether or not members of the public are able to attend the meeting in person.
Legislation: Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020
Notes:
Applies in: England and Wales from 04/04/2020 until 06/05//2021
Applies to: County council, District council, Fire authority, Greater London Authority, London borough, Metropolitan council, National park authority, Transport authority, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly