The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (SI 2020/327) (“the Regulations”) were made at 2pm today, 21 March 2020, under the Public Health (Control of Disease) Act 1984 and come into force immediately. In a sign of the exceptionality of the situation, the Regulations have yet to be laid before Parliament (as permitted by s.45R of the Act): that will happen on Monday.

The Regulations are the means by which the Government gives effect (in England – see below for Wales) to the Prime Minister’s statement in a press conference yesterday 20 March 2020 that “We are collectively telling cafes, pubs, bars and restaurants to close tonight as soon as they reasonably can, and not to open tomorrow.”

Duration

The Regulations apply from the day they come into force until a termination direction is given under regulation 2(7)-(8). A termination direction may only relate to some categories of the businesses affected.

The Regulations expire completely at the end of 6 months after they come into force, although this expiry by the effluxion of time does not affect the validity of anything done before then.

If Sintons can assist you in any way at this difficult time, please contact Sarah Smith, Partner and Head of the Licensing and Gambling team. 

Categories: News, Licensing

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