| Statutory Instrument | |
 | |
| Citation | SI 2021/364 |
|---|---|
| Introduced by | Matt Hancock, Secretary of State for Health and Social Care |
| Territorial extent | England |
| Dates | |
| Made | 22 March 2021 |
| Laid before Parliament | 22 March 2021 |
| Commencement | 29 March 2021 (2021-03-29) |
| Revoked | 18 July 2021 |
| Other legislation | |
| Repeals/revokes | Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 |
| Made under | Public Health (Control of Disease) Act 1984 |
| Revoked by | Health Protection (Coronavirus, Restrictions) (Steps etc.) (England) (Revocation and Amendment) Regulations 2021 |
Status: Revoked | |
| Text of the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (SI 2021/364) is an English emergency statutory instrument which replaced the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 from 29 March 2021. Initially, all of England was subject to Step 1 restrictions. Step 2 applied from 12 April 2021[1] and Step 3 from 17 May 2021.[2] The regulations were originally set to expire on 30 June 2021, but that was later extended to the end of 18 July 2021. They were revoked on the latter date.
A stepped approach to relaxation of pandemic-related restrictions in England was set out by the Cabinet Office in a document referred to as a "roadmap", published on 22 February 2021.[3] These regulations partially enacted those intentions, and replaced almost all of the existing Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 which had been in force since 2 December 2020.[4]
The regulations were made on 22 March 2021 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". Hancock 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.[5] The regulations entered into force on 29 March 2021.[5]
The scheme of the regulations was to define three levels of personal and business restrictions, called "Steps". Step 1 was the most restrictive and Step 3 the least. Although the regulations were drafted so that different areas of England could be at different Step levels simultaneously, in the event all areas of England were placed into the same level and were moved as a bloc from Step 1 to Step 2 to Step 3.
| In effect | Ref | ||
|---|---|---|---|
|
29 March 2021–11 April 2021
|
[6] | |
|
12 April 2021–16 May 2021
|
[7] | |
|
17 May 2021 – 18 July 2021
|
[2] |
In all Step areas, gatherings were restricted by size, and unless one of the exceptions applied the only permitted gatherings were those shown in the table. Children were included in the counts, though certain exceptions – see below – allowed for larger gatherings with young children.
| Place | Step 1 | Step 2 | Step 3 |
|---|---|---|---|
| [8] | [9] | [10] | |
| Indoors | None permitted | None permitted | Up to 6 people from any number of households * |
| Outdoors
(incl. private gardens) |
Up to 6 people from any number of households * | Up to 6 people from any number of households * | Up to 30 people from any number of households |
* See also the first two exceptions in the table below. These allowed, alternatively, any number of people from one or two households.
Certain larger gatherings were permitted if one of the following exceptions applied. The list was exhaustive, in the sense that no other reasons could be used to justify contravening the general restrictions on gatherings. In some cases the exception applied only where it was 'reasonably necessary', in other words where the purpose of the gathering could not reasonably be achieved in some other way.
Except where stated, the exceptions applied to both indoor and outdoor gatherings.
| Type | Details | Step 1 | Step 2 | Step 3 |
|---|---|---|---|---|
| [11] | [12] | [13] | ||
| Same or linked households | All members of a common household, or of two linked households ("support bubble") | Allowed | N/A* | |
| Two households or linked households | Gatherings of no more than two non-linked households. Linked households counted as one for this purpose | Allowed, outdoors only | Allowed | |
| Education and training | A variety of specified situations including early years provision, school activities, apprenticeships, work experience, applying for a job, professional training and exams | Allowed | ||
| Gatherings necessary for certain purposes | Work, voluntary services, emergency assistance, avoiding harm, providing care to a vulnerable or disabled person, for the purposes of a house move | Allowed | ||
| Legal obligations and proceedings | Fulfilling a legal obligation or participating in legal proceedings | Allowed | ||
| Criminal justice accommodation | Any gathering in criminal justice accommodation | Allowed | ||
| Support groups | Support groups held at premises other than a private dwelling. Informal groups were allowed in Step 3, but in Steps 1 and 2 the group had to be organised with precautions by a business, charity or public body after a risk assessment. | Up to 15 people, not counting children under 5 | Up to 30 people, not including children under 5[14] | |
| Respite care | Respite care for a vulnerable or disabled person; a short break for a looked-after child | Allowed | N/A* | |
| Births | Attending a person giving birth | Allowed | N/A* | |
| Visiting persons receiving treatment etc. | Visitor was a member of that person's household, a close family member, or a friend. Applied to hospitals, hospices and care homes | Allowed indoors | N/A* | |
| Visiting a dying person | Visitor was a member of that person's household, a close family member, or a friend | Allowed indoors | N/A* | |
| Marriages and civil partnerships etc. | Ceremonies (including non-faith ceremonies) organised with precautions after a risk assessment. Some restrictions below were relaxed for ceremonies where one of the parties was seriously ill and was not expected to recover.
Until 20 June 2021: could not be held in a public place nor at a private dwelling, indoors or out After 20 June 2021: could not be held indoors in a private dwelling; no limit on numbers[15] |
Up to 6 people | Up to 15 people | Until 20 June 2021: up to 30 people; after 20 June 2021: no limit on numbers |
| Wedding and civil partnership receptions | Receptions organised with precautions after a risk assessment.
Until 20 June 2021: could not be held in a public place nor at a private dwelling After 20 June 2021: could not be held indoors in a private dwelling; no limit on numbers[15] |
Not allowed | Outdoors only, up to 15 people | Until 20 June 2021: up to 30 people; after 20 June 2021: no limit on numbers |
| Significant event celebration | A ceremony, rite or ritual to mark a significant milestone in a person's life, according to religion or belief. The exception could not be used to celebrate a birthday other than a coming of age. Had to be organised with precautions after a risk assessment.
Until 20 June 2021: had to be held at the premises of a business, charity or public body. Not allowed at a private dwelling, indoors or out After 20 June 2021: could not be held indoors in a private dwelling; no limit on numbers[15] |
Not allowed | Until 20 June 2021: up to 30 people; after 20 June 2021: no limit on numbers | |
| Funerals | Organised with precautions after a risk assessment.
Until 20 June 2021: had to be held in a public outdoor space or business or charity premises. Not allowed at a private dwelling, whether indoors or out. After 20 June 2021: allowed anywhere except indoors in a private dwelling.[16] |
Up to 30 people | Allowed | |
| Commemorative event following a person's death | Events organised with precautions after a risk assessment. Not allowed at a private dwelling | Up to 6 people | Up to 15 people | Up to 30 people |
| Children | Formal childcare; informal childcare provided by a linked childcare household; access arrangements; contact between siblings who did not live together; prospective adopters | Allowed | ||
| Parent and child groups | Parent and child groups organised by a business, charity or public body. Not allowed at a private dwelling in Steps 1 and 2, but formally-organised home meetings were permitted in Step 3 | Not allowed | Up to 15 people, not counting children under 5 | Up to 30 people, not counting children under 5[14] |
| Student and vacation households | Allowed a student in higher education to move from their student to another household once before 30 June 2021[14] for the purpose of a vacation, and to return afterwards. The student became a part of the vacation household during the vacation period | Allowed | ||
| Communal worship | Communal worship was allowed (without numerical restriction) provided it was organised with precautions after a risk assessment. Worshippers had to attend either alone or as part of a qualifying group, with no mingling between qualifying groups | If attending as part of a Step 1 or Step 2 qualifying group | N/A*, but allowed under 'Permitted organised gatherings' | |
| Permitted organised gatherings | Gatherings organised by a business, charity or public body at private premises other than a private dwelling, or in a public outdoor place, with precautions after a risk assessment. Political bodies were also allowed to organise public outdoor gatherings. Attendees had to attend either alone or as part of a qualifying group, with no mingling between qualifying groups | Not allowed | Outdoors only, if attending as part of a Step 1-2 qualifying group | If attending as part of a Step 3 qualifying group |
| Protests | Organised with precautions by a business, charity, public body or political body after a risk assessment | Allowed | ||
| Picketing | Picketing with precautions after a risk assessment | Allowed | ||
| Organised sports/fitness | Taking part in sports or fitness activities organised with precautions by a business, charity or public body after a risk assessment. This exception did not extend to spectators or to parents of a child taking part | Allowed outdoors; indoors for disabled people only | Allowed outdoors; indoors for children and disabled people only | Allowed |
| Outdoor licensed activities | Taking part in an outdoor physical activity for which a licence or permit issued by a public body is required. Had to be organised with precautions after a risk assessment. | Allowed | ||
| Elite sports | Necessary training and competition for elite sportspersons and coaches | Allowed | ||
| Nomination of candidates and petitioning | Participating in the nomination of an election candidate, or petitioning for a referendum | Up to 2 people | N/A* | |
| Campaigning | Campaigning in an election or referendum. Not allowed inside a private dwelling | Up to 2 people | N/A* | |
| Observing an election or referendum | Observing at an election or referendum | Allowed | ||
| Secretary of State's direction | Any gathering explicitly permitted under a direction made by the Secretary of State | Not Allowed | Allowed | |
* "N/A" means that no exception was necessary since the activity was normally permitted under the general restrictions on gatherings for that particular Step.
Some of the exceptions allowed individuals to attend a larger-than-normal gathering provided that they did so either alone or as part of a smaller 'qualifying group', the definition depending on the Step as in the table below. During the gathering, the person could not move between qualifying groups, nor mingle with anyone outside their group.
| Place | Steps 1 and 2 | Step 3 |
|---|---|---|
| [17][18] | [19] | |
| Indoors | No limit on numbers provided that all group members were from a single household, from two linked households, or (if for childcare purposes) from two linked childcare households | No limit on numbers provided that all group members were from no more than two households (linked households counting as one for this purpose). Alternatively, members could come from any number of households subject to a maximum group size of 6 |
| Outdoors | No limit on numbers provided that all group members were from no more than two households (linked households counting as one for this purpose). Alternatively, members could come from any number of households subject to a maximum group size of 6 | Group members could come from any number of households, subject to a maximum group size of 30 |
The concept of "linked households" (referred to in government statements as "support bubbles")[20] was brought forward from previous regulations. Two households that were linked under these regulations could generally meet as if they were one household. First and second households could link if all the adults in both households agreed.[21] The first household had to comprise:
There were no limits on the second household, which could include any number of adults and children.[23]
A household could be linked with only one other household at a time.[24] Linked households could be changed, if all agree, subject to a minimum 10 day waiting period counted from the last date on which any member of the newly linked households participated in a gathering that was allowed only by virtue of a previous household link.[25]
The concept of "linked childcare households" was also brought forward from previous regulations. It was separate from "linked households".
A household with at least one child aged 13 or under could link with another household who will be providing informal childcare[26] (formal childcare, for example by a childminder, was excluded).[27] Only one linked childcare household was permitted at any one time, and all adults in both households had to agree.[26] Linked childcare households could be changed, if all agreed, subject to a minimum 10 day waiting period counted from the last date on which any member of the newly linked households participated in a gathering that was allowed only by virtue of a previous childcare household link.[28]
It was an offence punishable by a fine or a fixed penalty of £10,000[29] to hold (or be involved in the holding of) an unlawful gathering:
The offence did not extend to someone whose only involvement was to attend;[31] that was subject to a lesser penalty the amount of which depended on the size of the gathering and its location.[32]
Unless an exception applied, the following businesses had to close in Step 1 areas:
Businesses that otherwise had to close could provide a click-and-collect service, and could make deliveries in response to pre-orders.[36]
There were a variety of specific exceptions allowing closed premises to be used for alternative purposes such as essential voluntary services, voting, education, childcare and others.[37][38] Libraries and community halls were also allowed to provide digital access to public services.[38] [39] Community halls could in addition open for weddings, funerals, and commemorative events to celebrate the life of a person who had died.[39]
The following businesses were allowed to remain open:
Market stalls that sold the goods of any retailer permitted to remain open were also allowed.[41]
Businesses providing food and drink for consumption on the premises had to close,[42] but such businesses could still provide takeaway food and drink (except alcohol) or make deliveries (which could include alcohol).[43]
Other exceptions[44] included:
All types of holiday accommodation had to close, unless an exception applied.[49] Exceptions included work, self-isolation, moving house, person unable to return home, medical appointment, and attending a funeral.[50]
Step 2 business restrictions were the same as Step 1, apart from the following relaxations:
The following indoor facilities could open in Step 2: dance and fitness studio; gyms; sports courts; swimming pools; riding arenas; indoor play areas; trampoline and inflatable parks; drive-in cinemas, theatres and circuses; outdoor skating rinks; betting shops; spas; tanning salons; hair, nail and beauty salons; barbers; massage, tattoo and piercing studios; carpet stores; vehicle showrooms; car washes; auction houses; markets; retail travel agents; libraries.[51]
Also, outdoor-only attractions at these places could open: theme and water parks; fairgrounds and funfairs; adventure parks and activities; aquariums, zoos, and safari parks; animal attractions at farms, wildlife centres and any other place where animals were exhibited to the public as an attraction; gardens; heritage sites; museums and galleries; sculpture parks; landmarks; model villages; and visitor attractions at film studios.[52]
All businesses providing food or drink prepared on the premises for immediate consumption off the premises could open (in Step 1 they could open only if a supermarket, convenience store, newsagent, pharmacist/chemist or a petrol station).[53]
Businesses providing food and drink for consumption on the premises could do so only in an outdoor area. Indoor areas had to remain closed, apart from toilets, baby changing rooms and breastfeeding rooms. All food and drink had to be consumed while the customer remains seated outdoors, although customers were allowed to go inside to order or to pay (although alcohol had to be ordered as well as served and consumed while the customer was seated outside).[54]
Some holiday accommodation could open in Step 2, specifically:
All businesses, including holiday accommodation, were allowed to re-open in Step 3, apart from the following: nightclubs, dance halls, discotheques and facilities for public dancing to music at night, sexual entertainment venues, hostess bars, shisha bars/hookah lounges.[56]
Special rules applied to restaurants, cafes, pubs, bars, social clubs and casinos. Where food and drink were sold for consumption on the premises, the business had to take reasonable steps to ensure that all customers remain seated while consuming. There was an additional restriction if the venue sold alcohol: customers could not place or collect orders at the bar or serving area; all orders had to be placed and served to seated customers.[57]
There were a variety of exceptions for motorway service areas, ports, airports and international rail terminals.[58] The rules regarding alcohol were relaxed at cinemas, theatres, concert halls and sportsgrounds where food and drink were ordered by ticket-holders.[59]
Since September 2020, establishments where people came into prolonged contact with those from other households were required to collect and keep for 21 days records of the names and phone numbers of staff, customers, and visitors. These regulations required everyone entering as a member of a group to provide their name and contact details; previously it had been sufficient for the group's leader to provide their own name and details.[60]
The regulations in this section were in force between 29 March and 16 May 2021 only.
For the first time, the regulations explicitly attempted to prevent individuals from leaving the United Kingdom, and these applied throughout England regardless of Step area. Exceptions applied to individuals who had 'reasonable excuse' to do so, or to whom a specific exemption applied. Unless exempt or travelling with reasonable excuse, no person was allowed to
The wording of the first bullet point prevented an individual in England from, say, driving to Scotland and attempting to leave the UK from there. The wording of the second applied to anyone who was en route to an international terminal, as well as to anyone already there.
There was no exhaustive definition of 'reasonable excuse' in the regulations, but the following were specifically permitted.
| No. | Allowable excuse | Ref |
|---|---|---|
| 1 | Travelling to a final destination within the Common Travel Area (anywhere within the United Kingdom, Ireland, the Isle of Man, and the Channel Islands). This did not allow onward travel to a destination outside that area. | [62] |
| 2 | For work purposes, where the work could not be done in the UK | [63] |
| 3 | To provide voluntary or charitable services, where that could not be done in the UK | [64] |
| 4 | To attend an educational institution outside the UK, where pre-enrolled; to satisfy the study requirements of a UK educational institution; or for someone already studying in the UK, to return home once before 29 April 2021 for a vacation | [65] |
| 5 | Elite sportspeople and coaches: for training or competition | [66] |
| 6 | To fulfil a legal obligation or participate in legal proceedings | [67] |
| 7 | In connection with the purchase, sale, letting or rental of residential property | [68] |
| 8 | To seek medical assistance, attend a clinical appointment, avoid injury, illness or risk or harm, attend an expectant mother, or visit a person in hospital, hospice or care home | [69] |
| 9 | To provide emergency assistance, to provide care and assistance to a vulnerable person, to attend a funeral, or to visit a household member, close family member or friend you believe to be dying | [70] |
| 10 | To attend your own wedding or civil partnership ceremony or that of a close family member. One or both of the couple had to live outside the UK | [71] |
| 11 | Child access arrangements | [72] |
| 12 | To vote in an election or referendum, where that cannot be done from within the UK | [73] |
| 13 | Where the person is a non-UK resident and is in the country on a temporary basis | [74] |
| 14 | Where the person leaving is a child of someone who has reasonable excuse to leave, and no alternative arrangements for the child's care could reasonably be made | [75] |
There was a long list of exemptions from the restrictions on leaving the UK, including certain road hauliers, seamen, aircraft crew, government contractors, technical specialists, channel tunnel workers, diplomats, consular officials, foreign government officials, representatives of international organisations, transit passengers, and persons being removed from the country.[76]
Apart from children and exempt individuals,[77] anyone travelling within England on their way to leaving the United Kingdom had to carry with them a completed travel declaration form. On the form, the traveller was required to give a variety of personal details, to state the reason for leaving the UK, and to certify that the information provided was true.[78] Anyone failing to do so who was already at an embarkation point could be required to leave without departing from the UK.[79] Failure to comply could result in a £5000 penalty.[80]
Breaches of the regulations were offences and could be prosecuted or dealt with by fixed penalty notices with penalties ranging between £100 and £10,000.[81]
The Secretary of State had to review the need for the restrictions every 35 days.[82] The regulations were originally set to expire on 30 June 2021,[83] later changed to the end of 18 July 2021.[84]
The regulations were ultimately repealed by the Health Protection (Coronavirus, Restrictions) (Steps etc.) (England) (Revocation and Amendment) Regulations 2021 with effect from 11.55pm on 18 July 2021.[85]
This chronological table lists the main changes to the Steps regulations.
| SI | In effect | Main changes | Ref |
|---|---|---|---|
| 2021/364 | 29 March | Initial enactment | [86] |
| 2021/455 | 12 April | Moved all of England to Step 2 restrictions | [87] |
| 2021/585 | 17 May | Moved all of England to Step 3 restrictions, repealed restrictions on travelling to leave the UK | [88] |
| 2021/705 | 20 June | Moved expiry date on to 18 July 2021. Removed the limit on numbers attending weddings (incl civil partnerships), receptions, funerals, and commemorative events following a person's death. Also, allowed those events to take place anywhere other than indoors in a private dwelling | [89] |
| 2021/848 | 18 July | Regulations revoked | [85] |
