🚨New lockdown regulations just published, in force tomorrow

The Health Protection (Coronavirus, Restrictions) (No. 3) and (All Tiers) (England) (Amendment) Regulations 2021

https://t.co/L5jwlTDaIE

(Thread)

These are not a new set of regulations: they are amendments an old set of regulations

Which we thought were gone! But they are back

Welcome back No.3 regulations
A quick thing before we continue!

I have been analysing these laws for free for 9 months now - if you want to say thanks and have a few £ to spare please give to my @LawCentres fundraiser

They give free legal advice to people who need it most

https://t.co/NqjdiiAjqW
They also amend the All Tiers regulations

Oh god it's all amendments by paragraph references

Basically all of England now in Tier 4 and Tier 4 is amended but not by a huge amount

This really is a terrible way to make laws on the fly - who can possibly understand it?!
So, to explain, you need 2 documents open if you want to understand what is going on:

All Tiers regulations (Tiers 1-4, 2 December as amended) https://t.co/IraPQ112ak

And amendments https://t.co/L5jwlTDaIE

No sensible way of doing except by track changes, on it now, back soon
First thing to go is "open air recreation" which is what we suspected based on the guidance.

So this means that you can go out for exercise (or any other listed reasonable excuse) but not to recreate (is that the verb?).
Before I go on - this is going to sound a bit abstract unless I explain that the new "lockdown" is an amendment to the Tier 4 restrictions. Tier 4 was a lockdown but slightly less strict than March.

This is my thread on Tier 4 - perhaps read that first https://t.co/zkKiVO62cd
Some minor changes here to Exception 1 to being outside the home ("leaving home necessary for certain purposes").

Key point is the original reasons - work, voluntary services etc. etc. are still there

"public outdoor place" can't include sports grounds or facilities
Important to see that you still don't count a child under 5 or person with disability who needs continuous care when you are with someone from another household for exercise

Not in the guidance I think but maybe they don't want to publicise
Next change is to para 13 so the exceptions almost all stay in - see last thread https://t.co/DnXxk1DQfK
Paras 13 and 14 are about childcare. Some small but important changes:

I think it means that you can only provide informal childcare for "critical workers" in very limited circumstances

Tell me if I'm wrong
Children's outdoor sports gatherings removed as a reasonable excuse - we knew that from the guidance
Parents and child groups no longer permitted
What is important really is how similar this is to Tier 4:
- No open air recreation
- No parents and child groups
- More limited informal childcare options (I think)
- No children's sport or other outdoor sport such as tennis)
But otherwise its very similar
Elite sport and sport for people with disabilities is still permitted
Also well trailed in the announcements is the closure of outdoor sports facilities such as swimming, gyms, sports grounds
No alcohol takeaway
Have to pop off to eat, back later! That's basically it though, not much else changed from Tier 4
Oh, before I go, so as not to build tension, here's what's not in the law which is in the guidance :
- Time limit on outdoor exercise;
- Geographical limit on outdoor exercise
- Travel between areas.
I was indeed partly wrong on informal childcare, apologies https://t.co/s44qSsp88I
Charles has it here https://t.co/eY1P4nk7cD
I am going to wait until there is a consolidated version of the regulations to make a new video, hopefully tomorrow afternoon. I understand that the amended version of the regulations should be up tomorrow
All this remains in place https://t.co/5oaU0W3RjD
And this is still there https://t.co/ClJGeOkZwE
As is this - guidance has changed but not law re students https://t.co/vgsxo9nVvX
Communal worship still permitted https://t.co/94CtyjP41i
Linked households (bubbles) remain the same - exactly the same, people. Really important to get that https://t.co/VpcNmSAayM
One other error sorry - it is the carer of a person with a disability who needs continuous care who doesn’t ‘count’ for gatherings not the disabled person themselves https://t.co/Mpt5DLb0YX
The amendments have a sad little ending
Here is my unofficial and probably unreliable track changes version of the Tier 4 rules. Please don't rely on it, for illustrative purposes only! https://t.co/GmVC9GwjhN

More from Adam Wagner

A year ago, the idea that you could close every restaurant, café and pub in the capital without a Parliamentary vote or even a debate would have been unthinkable. Today we have allowed government by executive decree and it now seems normal. Covid lawmaking has corroded democracy

To explain: since March, the government has used the Public Health (Control of Diseases) Act 1984 to pass lockdown laws - over 60 (I have listed them here
https://t.co/5Z1p3gVjbX).


The lockdown laws have imposed stringent restrictions on movement, freedom of association, family life, religion etc. But each and every lockdown law passed has used the super emergency procedure which allows the government to pass them without a parliamentary vote for 28 days

The government did this for months before MPs revolted at which point it promised to put any major changes before parliament first. It has done this since the three tiers in mid-October.

BUT...

(1) The govt is still only giving parliament about 12 hours to consider laws and the vote is a simple yes or no

(2) Changes to tiered areas are not considered major changes so these don't go to a vote until 28 days later by which time it has usually changed.
A short thread on why I am dubious that the government can lawfully impose charges on travellers entering the UK for quarantine and testing (proposed at £1,750 and £210)

1/

The UK has signed up to the International Health Regulations (IHA) 2005. These therefore create binding international legal obligations on the UK.

The IHA explicitly prevent charging for travellers' quarantine or medical examinations.

https://t.co/n4oWE8x5Vg /2


International law is not actionable in a UK court unless it has been implemented in law.

But it can be used as an aide to interpretation where a statute isn't clear as to what powers it grants.

See e.g. Lord Bingham in A v SSHD https://t.co/RXmib1qGYD

/3


The Quarantine regulations will, I assume, be made under section 45B of the Public Health (Control of Disease) Act 1984

https://t.co/54L4lHGMEr

/4


That gives pretty broad powers but I can't see any power to charge for quarantine. Perhaps it will be inferred from somewhere else in Part 2A?

But...

More from Health

I think @SamAdlerBell in his quest to be the contrarian on Fauci gets several things wrong here. 1/


First, the failure last year actually was driven by the White House, the #Trump inner circle. Watch what's happening now, the US' scientific and public health infrastructure is creaking back to life. 2/

I think Sam underestimates the decimation of many of our health agencies over the past four years and the establishment of ideological control over them during the pandemic. 3/

I also am puzzled why Tony gets the blame for not speaking up, etc. Robert Redfield, Brett Giroir, Deb Birx, Jerome Adams, Alex Azar all could have done the same. 4/

Several of these people Bob Redfield, Brett Giroir, Alex Azar were led by craven ambition, Jerome Adams by cowardice, but I do think Deb Birx and Tony tried as institutionalists, insiders to make a difference. 5/

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