
The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 (SI 2020/1374) is an English emergency statutory instrument that replaced the second lockdown regulations from 2 December 2020. As initially made, it brought back the three-tier legal framework first introduced by the first COVID-19 tier regulations in England (in effect 14 October – 5 November 2020), but with changes to the restrictions within each tier.
More relaxed rules on gatherings were to be permitted during the Christmas period, 23–27 December 2020. Following a continued rise in infections in London and the South East, those areas were moved up to the highest level, tier 3, on 19 December. One day later, following continued significant concerns, a new tier 4 was added with restrictions similar to those of the second lockdown regulations. At the same time the Christmas period was reduced to Christmas Day only for tiers 1 to 3 and was abolished entirely for tier 4.
The regulations were sometimes referred as the "second tier regulations" or the "all tiers regulations". 
From 6 January 2021, further amendments moved all areas of England to tier 4 in what was described by politicians and the press as a third national lockdown.
The regulations were originally stated to expire on 2 February 2021, later changed to 31 March, but in the event were replaced on 29 March by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021.
Context and earlier regulations.
In response to the developing COVID-19 pandemic, the UK government issued advice to English schools on 12 March 2020 that they should cancel trips abroad, and on 16 March that the public should avoid non-essential travel, crowded places, and visits to care homes. This was followed by the closure of schools, colleges and nurseries from 21 March.
On 21 March the government used emergency powers to make business closure regulations, enforcing the closure in England of businesses selling food and drink for consumption on the premises, as well as a range of other businesses such as nightclubs and indoor leisure centres where a high risk of infection could be expected. Five days later the restrictions were made more extensive. On 26 March 2020 the even more stringent Lockdown Regulations came into force. These became the principal delegated English legislation restricting freedom of movement, gatherings, and business closures, and were progressively relaxed on 22 April, 13 May, 1 June, and 13/15 June. The No. 2 regulations of 4 July 2020 further relaxed the rules throughout most of England, apart from City of Leicester and the surrounding area which became the subject of the first of a series of local regulations. Between July and September 2020, more extensive and increasingly rigorous ad hoc local regulations were introduced, which in many areas proved unsuccessful in controlling spread of the virus.
These were followed by the first COVID-19 tier regulations (in effect 14 October – 4 November 2020), which placed each local authority area under one of three levels of restrictions. As infections increased in many areas, these were replaced by the more rigorous nationwide second lockdown regulations (in effect 5 November – 1 December 2020).
On 2 December 2020 SI 2020/1374 revoked the second lockdown regulations one day before they were due to expire, and reintroduced a countrywide three-tier legal framework. Later amendments introduced a fourth tier.
Legal basis.
The regulations were made on 30 November 2020 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. The regulations entered into force on 2 December 2020 and expire at the end of 31 March 2021 (originally 2 February 2021).
Return of the tiers.
The regulations revived the three-tier legal framework from the first COVID-19 tier regulations in England, though with changes to the restrictions defined by each tier. The areas within each tier were also different: almost all of England was placed into tier 2 or 3, with only Cornwall, the Isles of Scilly, and the Isle of Wight being placed in tier 1. A fourth tier was added by SI 1611 on 20 December 2020.
Current local authority areas within each tier.
For the purpose of these regulations, England was initially divided up mostly by local authority areas at various levels including unitary authorities, county, district and metropolitan borough councils. By 6 January 2021, all areas of England were in tier 4, where they remained until the regulations were repealed on 29 March 2021 by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021.
Restrictions on gatherings, all tiers.
In all tiers, gatherings are restricted by size. In the spaces listed, the only permitted gatherings are as follows unless one of the exceptions applies:
Large gathering offence.
On 29 January 2021 SI 97/2021 introduced a new 'large gathering offence' subject to penalty charges on a sliding scale between £400 and £6400. The offence is committed when the above restrictions are breached by more than 15 people who are gathered in a private dwelling, in educational accommodation, or at an indoor rave.
Exceptions to the restrictions on gatherings.
General and tier 1 exceptions.
A substantial list of exceptions is provided for. All apply to tier 1, with more restricted and fewer exceptions applying to tiers 2, 3 and 4.
Tier 2 exceptions.
These are the same as for tier 1 except as follows:
Tier 3 exceptions.
These are largely the same as tier 2 but there is no exception for wedding and civil partnership receptions.
Tier 4 exceptions.
These are the same as tier 3 with the following exceptions:
Restrictions on leaving home in tier 4.
As originally made, SI 1374 controlled social interactions by imposing rules on gatherings; there was no general prohibition against leaving home. The amendments introduced on 20 December 2020 by SI 1611, however, brought in a new tier 4 with much stricter rules, very similar to those of the second lockdown that was in place between 5 November and 2 December. There remains no general prohibition against leaving home in tiers 1 to 3.
In tier 4 the general rule is that no-one is allowed to leave or be outside their own home (which includes any associated garden or yard) without "reasonable excuse". No exhaustive definition of "reasonable excuse" is provided, though it includes any of the following exceptions:
Exception 1: leaving tier 4 home necessary for certain purposes.
This exception covers a variety of situations:
Movement between tiers.
There is no general prohibition against leaving a home tier area, or against movement between tiers. An individual who travels between tiers to join a gathering is generally subject to the rules of their home tier, or the tier of the place to which they have travelled, whichever is higher. Anyone living in tier 1, 2 or 3 is permitted to travel to a higher tier area, but must not participate in any gathering that is prohibited in the higher tier area. Anyone living in tier 2, 3 or 4 who travels to a lower tier area must not participate in any gathering that would be prohibited in their home area. As noted above, people who are resident in tier 4 are permitted to leave home and travel only if they have a 'reasonable excuse' to do so.
Business closures.
Certain businesses are required to close or limit their operations.
Tier 2 business restrictions.
The tier 1 list of businesses that must close and the opening hour restrictions also apply in tier 2. In addition, there are the following restrictions:
Tier 3 business restrictions.
The tier 1 and tier 2 lists of businesses that must close also apply in tier 3. In addition, there are the following restrictions:
Tier 4 business restrictions.
These are similar but not identical to those of the second lockdown that was in place between 5 November and 2 December. 
Linked households.
The concept of "linked households" (referred to in government statements as "support bubbles") is brought forward from previous regulations, but in extended form. Two households that are linked under these regulations can generally meet as if they were one household. First and second households may link if all the adults in both households agree. The first household must comprise:
Where the first household includes a higher education student on vacation, the presence of the student is ignored for this purpose.
There are no limits on the second household, which may include any number of adults and children.
A household may only be linked with one other household at any one time. But for the first time, linked households may be changed if all members of a linked household agree; this is subject to a minimum 10 day period (14 days prior to 14 December 2020), counted from when the old household first met or did something they could only do by virtue of being a linked household.
Linked childcare households.
The concept of "linked childcare households" is brought forward from previous regulations. It is separate from "linked households".
A household with at least one child aged 13 or under can link with another household who will be providing informal childcare (formal childcare, for example by a childminder, is excluded). Only one linked childcare household is permitted at any one time, and all adults in both households have to agree. Changes to the linking now are allowed subject to a minimum 14 day period (reduced to 10 days from 14 December 2020) between the final meeting of the former linked childcare households and the first meeting of the new.
Linked Christmas households.
As originally made, the regulations provided for more relaxed Christmas rules on gatherings during the 'Christmas period', defined as 23–27 December 2020, but three days before they were due to enter into effect SI 1611 altered the definition and restricted the Christmas period to 25 December only. The amended Christmas rules given below applied to tiers 1 to 3 only; there were no special Christmas arrangements in tier 4.
The Christmas rules introduced a new concept of "linked Christmas households", separate from "linked households" and 'linked childcare households".
One or more members of one household could form a linked Christmas household with one or more members of no more than two other households from a tier 1, 2 or 3 area, regardless of size, to form a linked Christmas household for the purpose of gathering during the Christmas 2020 period, if all people to be so linked agreed. Two households that were already linked households counted as one household for this purpose. A person could be a member of only one linked Christmas household, except that a child who did not live in the same household as both parents could be a member of a linked Christmas household formed by each parent. There was a special exception for higher education students on vacation.
Linked Christmas households were exempted from some of the restrictions on gatherings on 25 December. During that period, gatherings of no more than three linked Christmas households were permitted provided that they took place in a private dwelling, a place of worship or a public outdoor place (defined as anywhere the public are admitted free of charge, as well as outdoor sports grounds, botanical gardens, gardens or grounds of a castle, stately home, historic house or other heritage site, but excluding fairgrounds and funfairs). Attendees could also travel together, as gatherings in conveyances were permitted.
A Christmas gathering could extend beyond the Christmas period (25 December) in the event that an attendee could not return home due to unforeseen travel disruption.
These Christmas-specific rules were ultimately revoked on 19 January 2021.
Declaration on leaving the United Kingdom.
On 8 March 2021, SI 2021/247 introduced a new requirement for travellers leaving the United Kingdom to have with them a completed travel declaration form when they arrive at an embarkation point. On the form, the traveller must give a variety of personal details, must state the reason for being away from home, and must certify that the information provided is true. Anyone who has failed to complete the form and who does not do so when directed by an authorised person may be required to return home or to leave the embarkation point without departing from the UK. Failure to comply is an offence. The regulations provide a long list of travellers who are exempt from the declaration requirement, including diplomats, essential government workers, transit passengers, hauliers, seamen, aircraft crews and channel tunnel workers.
Reviews and expiry.
The Secretary of State must review the need for the restrictions every 28 days, and also the applicability of the tier areas every 14 days, with the first review (for tiers 2 and 3 only) due by 16 December 2020 and subsequent reviews required for tiers 2, 3 and 4.
The regulations were originally stated to expire at the end of 2 February 2021. This was later moved to 31 March 2021.
Enforcement.
Breaches of the regulations are offences and can be prosecuted or dealt with by fixed penalty notices with penalties ranging up to £10,000 for repeated violations.
Inconsistency in government guidelines on exercise.
The regulations do not define what constitutes exercise, nor how far an individual may travel to in order to undertake exercise. Government guidelines state that individuals should exercise in their "local area", but there is no such requirement in the regulations. Similarly, the guidelines state that exercise "should be limited to once per day", but the regulations do not require or even mention such a thing.
On 6 January 2021 fixed penalty notices were handed to two women by Derbyshire Police, reportedly for travelling to go for a walk. The police force subsequently stated that it was reviewing the action based on new national guidelines, but issuance of the notices was nevertheless supported by the health secretary, Matt Hancock. This led to calls for greater clarity as to what travel was legally permitted for the purpose of exercise. Four days later it was announced that the notices had been revoked and that Derbyshire Police had apologised to the women.
It was subsequently reported that, on 10 January 2021, Boris Johnson has been cycling in the Queen Elizabeth Olympic Park which is from Downing Street. Metropolitan Police Commissioner Dame Cressida Dick stated that the trip had not been "against the law - that's for sure" but called for greater clarity in the regulations.
Summary of main changes, by date.
This chronological table lists the main changes to the second tier regulations.
Local authority areas in each tier, by date.
This table lists the dates during which specific areas were within each tier.