During the COVID-19 pandemic, a variety of restrictive regulations were enforced in England by way of statutory instrument, beginning with country-wide business closures on 21 March 2020, followed by the first national Lockdown Regulations on 26 March. The regulations were modified frequently. By the beginning of July, the government had concluded that restrictions could be removed or eased in most areas, and this was done on 4 July.
Some areas were still of concern, however, and between 4 July and 14 October a series of locally-based regulations, discussed in this article, were introduced. Leicester was the first area to be subject to local restrictions, and many other regions were targeted over the subsequent three months as the situation developed.
Ultimately, the government abandoned its attempts to control the spread of SARS-CoV-2 by piecemeal local regulation. On 14 October 2020, all the regulations discussed below were revoked and replaced with a set of regulations implementing a new national system of three tiers of restrictions across England.
Context and earlier regulations In response to the developing COVID-19 pandemic the UK government had 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.
As described below, 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. All of these local regulations were swept away on 14 October 2020, to be replaced by the Tier Regulations.
Legal basis for the local regulations The local regulations were all introduced by way of statutory instruments made 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". In each case, the Secretary of State 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.See the preamble to each statutory instrument mentioned on this page
Leicester Initial regulations, in force 4 July 2020
The (SI 2020/685) were the first local lockdown regulations in England, coming into force on 4 July 2020 on the day that the nationwide regulations were relaxed by The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 which allowed most retail businesses to re-open and allowed certain gatherings of up to 30 people. Those relaxations were disapplied to the City of Leicester and the surrounding area ("the protected area"), defined by a list of postcode districts.
In contrast to the rest of the country, all non-essential businesses in the protected area had to remain closed, apart from a few exceptions such as garden centres, vehicle showrooms and their outdoor areas. All leisure and recreational facilities (other than outdoor sports courts or amenities) also had to remain closed, with exceptions only for elite athletes. Food and drink establishments were not permitted to make sales for consumption on the premises. Places of worship could open for individual private prayer only.
Households of any size could form a "linked household" with no more than one other household containing exactly one adult and any number of children. The regulations prohibited anyone staying overnight without reasonable excuse within the protected area in a place other than the place where they lived, or where their linked household lived. Individuals living outside the protected area were prohibited without from staying overnight without reasonable excuse at any place within the protected area other than the place where their linked household was living. Certain indoor and outdoor gatherings were also banned.
Protected area narrowed, 18 July 2020 SI 2020/685 was amended on 18 July 2020, after 14 days, by the (SI 2020/754). These removed Blaby and Charnwood from the protected area, restricting it to the City of Leicester and the Borough of Oadby and Wigston.
Non-essential retail re-opened, 24 July 2020 SI 2020/685 was amended on 24 July 2020, after a further six days, by the (SI 2020/787). These permitted the re-opening of non-essential retail premises, indoor markets in community centres, betting shops, retail galleries, drive-in cinemas, auction houses, and outdoor areas of zoos, safari parks and aquariums.
Oadby and Wigston removed, 1 August 2020 SI 2020/685 was amended on 1 August 2020, after a further eight days, by the (SI 2020/823) which removed the Borough of Oadby and Wigston from the protected area, limiting it solely to the City of Leicester.
Rules on gatherings changed, 3 August 2020 Two days later, on 3 August 2020, all of the Leicester regulations were repealed and were replaced by the (SI 2020/824). These changed the rules on gatherings, restricting gatherings of more than two people within private dwellings (apart from linked households), but allowing up to 30 elsewhere. Some additional premises were permitted to re-open.
Close-contact venues re-opened, 19 August 2020 On 19 August 2020 the (SI 2020/875) allowed the re-opening of outdoor swimming pools and outdoor facilities at water parks, nail bars and salons, tanning booths and salons, spas and beauty salons, massage parlours, tattoo parlours, and body and skin piercing services.
Swimming pools and gyms re-opened, 8 September 2020 On 8 September 2020 the (SI 2020/954) permitted the re-opening in Leicester of indoor swimming pools, gyms, sports facilities, and fitness and dance studios.
Play areas and conference centres re-opened, 15 September 2020 On 15 September 2020 the (SI 2020/987) permitted the re-opening in Leicester of casinos, indoor skating rinks, indoor play areas (including soft play areas), bowling alleys, conference centres and exhibition halls.
Oadby and Wigston added back, 22 September 2020 On 22 September 2020 the Borough of Oadby and Wigston, which had been removed from the protected area on 1 August, was added back.
Linked childcare households, 22 September 2020 The concept of 'linked childcare households' was introduced in Leicester and all the local lockdown areas on 22 September 2020 by the (SI 2020/1019). A household with at least one child aged 13 or under could link with another household who was providing informal childcare. In order to link, all adults in both households had to agree. Each household was allowed a single linked childcare household only, which could not be changed; multiple links were not permitted.
As a new exception to the restrictions on gatherings, a household was allowed to meet with its linked childcare household provided that the meeting was reasonably necessary for the provision of informal childcare. This was an additional exception specifically for informal childcare arrangements, not for Registered Childminders who had their own 'education' exception.
Revocation, 14 October 2020 These local restrictions were revoked on 14 October 2020 and replaced with regulations implementing a new three-tier system across England.
Luton, Bedfordshire Regulations, in force 25 July 2020 On 25 July 2020 the (SI 2020/800) came into force in the town of Luton in Bedfordshire. The regulations exempted Luton from the relaxations that were coming into effect in most other areas of England on the same day, under the Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 2) Regulations 2020 (SI 2020/788), maintaining tighter restrictions on gatherings and requiring more businesses to remain closed.
Revocation, 1 August 2020 The regulations in Luton remained in force for only seven days, and were revoked by The Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020 (SI 2020/822) on 1 August.
Blackburn with Darwen, Lancashire
Initial regulations, in force 25 July 2020 On 25 July 2020 the (SI 2020/800) came into force in the local authority area of Blackburn with Darwen in Lancashire. The regulations exempted Blackburn with Darwen from the relaxations that were coming into effect in most other areas of England on the same day, under the Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 2) Regulations 2020 (SI 2020/788), maintaining tighter restrictions on gatherings and requiring more businesses to remain closed.
Replacement regulations, in force 1 August 2020 Eight days later, on 1 August, SI 2020/800 was revoked and was immediately re-enacted without amendment for Blackburn with Darwen as part of the (SI 2020/822). (The re-enactment had no effect in Blackburn with Darwen, simply replacing Luton with Bradford in the regulations).
Rules aligned with elsewhere, 5 August 2020 SI 2020/822 was amended on 5 August 2020 by the (SI 2020/828) to align the rules on gatherings in Blackburn with Darwen with those coming into force in other towns of Northern England.
Protected area narrowed, 26 August 2020 SI 2020/822 was amended on 26 August 2020 by the (SI 2020/898) to restrict the protected area within Blackburn with Darwen to certain specified wards only.
Certain venues re-opened, 8 September 2020 On 8 September 2020 the (SI 2020/954) permitted the re-opening in Blackburn with Darwen of conference centres, exhibition halls, casinos, and bowling alleys; as well as indoor skating rinks, swimming pools, play areas, fitness and dance studios, gyms, and sports facilities.
Area aligned with elsewhere, 22 September 2020 On 22 September 2020, following revocation of the Blackburn with Darwen and Bradford Regulations (SI 2020/822) previously covering the area, Blackburn with Darwen was brought into the scope of the North of England Regulations.
Revocation, 14 October 2020 These local restrictions were revoked on 14 October 2020 and replaced with regulations implementing a new three-tier system across England.
Bradford, West Yorkshire Initial regulations, in force 1 August 2020 On 1 August 2020 the (SI 2020/822) came into force in the city of Bradford, West Yorkshire. These enforced in Bradford the same restrictions that had been imposed eight days earlier on Luton and on Blackburn with Darwen.
Area aligned with elsewhere, 5 August 2020 SI 2020/822 was amended on 5 August 2020 by the (SI 2020/828) to align the rules on gatherings in Bradford with those coming into force in other towns of Northern England.
Protected area narrowed, 2 and 3 September 2020 On 2 September and again on 3 September the protected area within Bradford was restricted to certain wards only by the (SI 2020/930) and the (SI 2020/935).