COVID-19: The Health Protection Regulations 2021

Mar 23, 2021

The UK Government have published the “The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021”.

The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (source: EXPLANATORY MEMORANDUM)


2. Purpose of the instrument


2.1 “This instrument revokes and replaces the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 (“the All Tiers Regulations”) (S.I. 2020/1374) and contains the legislative framework which will implement Steps 1-3 of the Government’s Roadmap1 out of lockdown in England. This instrument enables a number of public health measures to be taken to reduce the public health risks posed by the spread in England of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) which causes the disease Covid-19. This instrument also amends a number of other Coronavirus regulations to further those aims. ”


4. Extent and Territorial Application (source: EXPLANATORY MEMORANDUM)


“4.1 The territorial extent of this instrument is England and Wales.


4.2 The territorial application of this instrument is England.”


7. Policy Background (source: EXPLANATORY MEMORANDUM)


“7.1 Since 6 January 2021 a ‘national lockdown’ has been in force to tackle the high number of Covid-19 cases and associated pressure on the NHS. The success of the vaccine programme means that the Government can begin to chart a course out of lockdown and on 22 February 2021 the Government set out the Covid-19 Response – Spring 2021 to provide this roadmap. The roadmap outlines four steps for cautiously easing restrictions and four tests against which the decision to proceed to the next step will be based in order to avoid the risk of a surge in cases which would put unsustainable pressure on the NHS and claim more lives before people have the chance to take a vaccine.


7.2 There will be at least 5 weeks between the implementation of each Step. Around four weeks is required to see the impact of the previous step in the data and the Government has committed to provide a further week’s notice to businesses. Though the Government has provided indicative dates for the earliest each Step could be implemented, if a Step is delayed, the timing of subsequent Steps will need to be recalibrated in order to maintain the necessary five-week period to assess the impact of each Step and provide notice of changes.


7.3 Step 1 began on 8 March by an amendment to the All Tiers Regulations which reintroduced wraparound childcare, introduced a ‘declaration of travel’ form for anyone leaving the UK, and permitted outdoor recreation within households or with one other person. This instrument introduces the remaining Step 1 provisions and provides for Step 2 and Step 3 as summarised below.”


Download the explanatory memorandum document here.

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