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A few things to note on the Lockdown Regulations 4th November 2020

A few things to clarify if you haven’t had a chance to read the lockdown regulations sent through yesterday

 

  • Who Can Stay in Visitor Accommodation

Here’s the list of exemptions with some highlighting to cover the issues that most people are asking about.

(6) A person (providing visitor accommodation) may continue to carry on their business and keep any premises used in that business open—

(a) to provide accommodation for any person, who—

  • (i) is unable to return to their main residence
  • (ii) uses that accommodation as their main residence
  • (iii) needs accommodation while moving house
  • (iv) needs accommodation to attend a funeral
  • (v) is isolating themselves from others as required by law
  • (vi) is an elite athlete, the coach of an elite athlete, or (in the case of an elite athlete who is a child), the parent of an elite athlete, and needs accommodation for the purposes of training or competition,

(b) to provide accommodation for any person who needs accommodation for the purposes of their work

(c) to provide accommodation for any child who requires accommodation for the purposes of education

(d) to provide accommodation for the purposes of a women’s refuge or a vulnerable person’s refuge

(e) to provide accommodation or support services for the homeless

(f) to provide accommodation for any person who was staying in that accommodation immediately before these Regulations came into force

(g) to host blood donation sessions

(h) for any purpose requested by the Secretary of State, or a local authority.

Note:  (f) allows people to stay on in the accommodation if they were before the lockdown came into force – so people don’t have to return home immediately.

 

  • Can People Staying in Accommodation Use the Restaurant or Bar ?

Accommodation operators with bars and restaurants can sell food and drink via takeaway or delivery for consumption off the premises  between 05:00 and 22:00 but must keep the restaurant and bar areas closed. Food and drink served to people legally staying in the property must be via room service.

15 (1) A person responsible for carrying on a restricted business, or providing a restricted service, must—

  • (a) close any premises, or part of the premises, in which food or drink are provided for consumption on those premises, and
  • (b) cease providing food or drink for consumption on its premises.

(2) The requirement in paragraph (1) is subject to the exceptions in regulation 17(1) and (2).

(3) For the purposes of paragraph (1)(a), food or drink provided by a hotel or other accommodation as part of room service is not to be treated as being provided for consumption on its premises.

 

  • Can Work Meetings Still  Take Place ?

There is an exemption to the restrictions on gatherings for certain purposes including work meetings, training and education (the forthcoming guidance might provide more clarity on the circumstances and limitations on such meetings)

Exception 2: gatherings necessary for certain purposes

(3) Exception 2 is that the gathering is reasonably necessary—

  • (a) for work purposes or for the provision of voluntary or charitable services;
  • (b) for the purposes of education or training;
  • (c) to provide emergency assistance;
  • (d) to enable one or more persons in the gathering to avoid injury or illness or to escape a risk of harm;
  • (e) to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006(a);
  • (f) to facilitate a house move.

 

  • Can Weddings Take Place ?

There are exemptions to allow people to both hold and travel to weddings – although only 6 people can attend. It is also Important to note that although people are allowed to travel for the purpose of a wedding, there is no corresponding ability for people to stay in visitor accommodation for the purpose of attending a wedding.

Exception 8: marriages and civil partnerships etc

(11) Exception 8 is that—

(a) the gathering is for the purposes of—

  • (i) the solemnisation of a marriage in accordance with the Marriage (Registrar General’s Licence) Act 1970(a);
  • (ii) the solemnisation of a marriage by special licence under the Marriage Act 1949(b), where at least one of the parties to the marriage is seriously ill and not expected to recover; (a) 1970 c. 34. (b) 1949 c. 76. 14
  • (iii) the formation of a civil partnership under the special procedure provided for in Chapter 1 of Part 2 of the Civil Partnership Act 2004(a);
  • (iv) the conversion of a civil partnership to a marriage under the special procedure provided for in regulation 9 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014(b), or
  • (v) an alternative wedding ceremony, where one of the parties to the marriage is seriously ill and not expected to recover, and for these purposes, “alterative wedding ceremony” has the meaning given in regulation 6(11),

(b) the gathering consists of no more than 6 people,

(c) the gathering takes place—

  • (i) at a private dwelling,
  • (ii) at premises which are operated by a business, a charitable, benevolent or philanthropic institution or a public body,
  • (iii) at premises which are part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body, or
  • (iv) in a public outdoor place not falling within paragraph (ii) or (iii), and

(d) the gathering organiser or manager takes the required precautions in relation to the gathering (see regulation 14).

agto@agto.co.uk
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