https://www.leicestermercury.co.uk/w...nverts-3968085 ingenuity/adaptation beginning.
https://www.leicestermercury.co.uk/w...nverts-3968085 ingenuity/adaptation beginning.
The regulations came into force only at 2pm on Saturday 21st see here In a nut shell it says:
" The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020, providing coronavirus closure powers have been published over the weekend and came into force immediately from 2pm on Saturday 21 March 2020.
The regulations were made under Public Health (Control of Disease) Act 1984.They provide a criminal sanction (unlimited fine) and enforcement powers to ensure the closure of bars, pubs, restaurants, nightclubs, theatres, cinemas, gyms, museums, spas, massage parlours, bingo, concert halls, casinos, betting shops, indoor skating rinks and swimming pools and leisure centres. Exclusions include food and drink take-aways, cafes in hospitals, schools, prisons, supplies to homeless, hotel room-service (see regs for full details).A person designated by Secretary of State may take such action as is necessary to enforce closure. (Await clarification of who is a designated person). "
I can't see how these can be enforced at the moment since they haven't been approved by Parliament yet, but see here: The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020.
It also says at the top (although this may perhaps mean retrospective approval):
"Regulations made by the Secretary of State, laid before Parliament under section 45R of the Public Health (Control of Disease) Act 1984 (c. 22), for approval by resolution of each House of Parliament within twenty-eight days beginning with the day on which the instrument is made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days."
Last edited by rpadam; 22-03-2020 at 17:25.
Having re-read the SI the important clause would be:-
"In accordance with section 45R of that Act the Secretary of State is of the opinion that, by reason
of urgency, it is necessary to make this instrument without a draft having been laid before, and
approved by a resolution of, each House of Parliament."
This is approved by the earlier clause:-
"The Secretary of State makes the following Regulations in exercise of the powers conferred by
sections 45C(1), (3)(c), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease) Act
1984(a)."
It hadn't read that far, but in that case it does have effect from "2.00 p.m. on 21st March 2020" (so long as it gets retrospective approval from both Houses of Parliament within 28 days). However, there is nothing else about this on the BBC News or other websites yet as far as I can see, so it looks like they are lining up for public announcement in the next few days (and from what Nicola Sturgeon was saying today, they may be waiting for Scotland to catch up).
I think it will come under devolved matters for Scotland, Wales and Northern Ireland, the SI only applies to England. Scottish pubs and bars appear to have ...erm acted within the law and ignored politician's bluster while it is just bluster without legal force.
The BBC in particular has a blind spot about alcohol and usually just accepts any old press release, there was, as usual, no journalistic rigour as far as I could see when the edict was announced on Friday; much like a Papal Bull with the emphasis on Bull.