UK Offence Report

The Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) Regulations 2021

UK Statutory Instrument 2021 No. 1416 — creates 11 criminal offences.

11offences created
0recorded in force
0revoked
Made
13 December 2021
In force from
Not determined
Extent
Not stated
Subject
COVID-19 emergency legislation (2020-2022)
Made under
1984 (c. 22), Public Health (Control of Disease) Act 1984

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations impose obligations on those responsible for organising certain events, or managing certain venues (set out in regulation 4), to take reasonable measures to ensure that they do not admit any person to such events, or venues unless the person concerned has been fully vaccinated or has tested negative for coronavirus within the last 48 hours, is participating (or has participated) in a clinical trial of a coronavirus vaccine or, for clinical reasons, should not be vaccinated with a coronavirus vaccine (regulation 5). They may in addition admit the people listed in regulation 10, including persons under 18 years of age. Responsible persons are required to check every person admitted to the event or venue (regulation 5), unless they are relying on a spot check approach in accordance with regulation 6. Responsible persons are also required to prepare a statement setting out what they propose to do to comply with these obligations (regulation 7), and to keep records of their compliance (regulation 7). Regulation 8 sets out when a person is considered fully vaccinated, and regulation 9 specifies the acceptable forms of evidence for vaccination, negative test, clinical trial participation or clinical exemption from vaccination. Regulations 12 to 14 set out the powers of local authorities to enforce these obligations. Regulation 15 gives a right of appeal against the issue of Coronavirus Improvement Notices, Coronavirus Immediate Restriction Notices and Coronavirus Restriction Notices. Regulation 16 creates a new criminal offence of failing, without reasonable excuse, to comply with the obligations in regulations 5 or 7, or to comply with a Coronavirus Improvement Notice, Coronavirus Immediate Restriction Notice or a Coronavirus Restriction Notice. It also makes it an offence to make or supply others with false evidence of COVID status knowing that it is false or misleading. Regulation 17 provides for fixed penalty notices. Regulation 18 preserves the effect of designations made under the Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 and the Health Protection (Coronavirus, Restrictions) (Steps) Regulations 2021 for the purposes of these Regulations. Regulation 19 provides who may bring prosecutions, and regulation 20 makes minor amendments to the Health Protection (Coronavirus, Wearing of Face Coverings) Regulations 2021, and Regulation 21 provides for the expiry of regulations 1 to 19 at the end of 26th January 2022, except in relation to the requirements in regulation 7(7), which cease at the end of 26th April 2022. No impact assessment has been prepared for these Regulations.

Offences created by this instrument

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

How Parliament handled it

Both Houses had to approve this instrument before it could take effect, and did so.

Procedure
Made affirmative — both Houses had to approve it
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Motion to stop it
Tabled
Committee
Drawn to the special attention of the Houses by a scrutiny committee

Recorded divisions

HouseDateForAgainstResult
Lords 15 December 2021 38 205 Not carried

The motion actually voted on:

Note the form of words. A member moves “as an amendment to the motion to approve” — the amendment is to the motion, never to the instrument.

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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