On 14 October 2020, the UK Government abandoned its attempts to control the spread of SARS-CoV-2 by means of piecemeal local regulations and introduced a three-tier approach across England, with legal restrictions varying according to government-defined tiers (referred to in government statements as "Local COVID Alert Levels"). Tier 1 restrictions were referred to as 'Local COVID Alert Level Medium', with tier 2 being 'Local COVID Alert Level High' and tier 3 'Local COVID Alert Level Very High'. The restrictions were enforced by three English statutory instruments:
"Tier 1": The (SI 2020/1103) "Tier 2": The (SI 2020/1104) "Tier 3": The (SI 2020/1105)
These are collectively referred to in this article as the "tier regulations".
On 5 November 2020 the tier regulations were revoked and were replaced by the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 (SI 2020/1200) which enforced a more rigorous second national lockdown.
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 mandating 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 the 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 the spread of the virus. All of these local regulations were swept away on 14 October 2020, and were replaced by the tier regulations.
Legal basis for the tier regulations The tier regulations were 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.Preamble to each of the tier regulations
Each of the three regulations was made on 12 October and came into force on 14 October 2020.
Tiered restrictions
The concept of standardised Local COVID Alert Levels – medium, high and very high – was introduced by these regulations on 14 October 2020. The levels were referred to in government statements as Tier 1, 2 and 3 respectively.
Only three days later, piecemeal local changes were re-introduced at the tier 3 level, with additional local restrictions applying only in Liverpool, and different local restrictions applying only in Lancashire.
Areas within each tier as at date of revocation As at 5 November 2020, when the regulations were revoked by The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 the following areas fell into each Local COVID Alert Level. See Main changes by date for a list of earlier amendments. +Areas by tierIn effectAreaRef Tier 1 Local COVID Alert Level - MediumAll of England, apart from the areas in tiers 2 and 3 Tier 2 Local COVID Alert Level - HighCheshire: Cheshire East, Cheshire West, Chester. Derbyshire: parts of High Peak. Durham: Durham. Greater Manchester: Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford, Wigan. Leicestershire: Leicester, Oadby and Wigston. Northumberland: Northumberland. South Yorkshire: Barnsley, Doncaster, Rotherham, Sheffield. Tees Valley: Darlington, Hartlepool, Middlesbrough, Redcar and Cleveland, Stockton-on-Tees. Tyne and Wear: Gateshead, Newcastle, North Tyneside, South Tyneside, Sunderland. West Midlands: Birmingham, Sandwell, Solihull, Wolverhampton, Walsall. West Yorkshire: Bradford, Calderdale, Kirklees, Leeds, WakefieldCumbria: Barrow-in-Furness. Derbyshire: Chesterfield, Erewash, North East Derbyshire. Essex: Basildon, Braintree, Brentwood, Castle Point, Chelmsford, Colchester, Epping Forest, Harlow, Maldon, Rochford, Tendring, Uttlesford. Greater London: City of London, Barking and Dagenham, Barnet, Bexley, Brent, Bromley, Camden, Croydon, Ealing, Enfield, Greenwich, Hackney, Hammersmith and Fulham, Haringey, Harrow, Havering, Hillingdon, Hounslow, Islington, Kensington and Chelsea, Kingston upon Thames, Lambeth, Lewisham, Merton, Newham, Redbridge, Richmond upon Thames, Southwark, Sutton, Tower Hamlets, Waltham Forest, Wandsworth, Westminster. North Yorkshire: York. Surrey: ElmbridgeBerkshire: Slough, Staffordshire: Stoke-on-Trent, West Midlands: CoventryBedfordshire: Luton. Derbyshire: Amber Valley, Bolsover, Derby, Derbyshire Dales, High Peak (all areas), South Derbyshire. East Riding of Yorkshire: East Riding, Hull. Shropshire: Telford & Wrekin. Leicestershire: Charnwood. Lincolnshire: NE Lincs, N Lincs. Oxfordshire: Oxford. Staffordshire: East Staffordshire, Lichfield, Newcastle-under-Lyme, South Staffordshire, Stafford, Stafford Moorlands, Tamworth, West Midlands: DudleyCarlisle Tier 3 * Local COVID Alert Level - Very High(originally )Liverpool region: Halton, Knowsley, Liverpool, Sefton, St Helens, WirralLancashire: Blackpool, Blackburn with Darwen, Burnley, Chorley, Fylde, Hyndburn, Lancaster City Council, Pendle, Preston, Ribble Valley, Rossendale, South Ribble, West Lancashire, WyreGreater Manchester: Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford, WiganSouth Yorkshire: Barnsley, Doncaster, Rotherham, SheffieldCheshire: WarringtonNottinghamshire: Ashfield, Bassetlaw, Broxtowe, Gedling, Mansfield, Newark & Sherwood, Nottingham, Rushcliffe * Tier 3 areas were intended to expire automatically after 28 days.
Restrictions on gatherings In all tiers, gatherings were restricted. In the spaces indicated, these were the only permitted gatherings, unless one of the exceptions applied. + Permitted gatheringsSpaceTier 1Tier 2Tier 3Private dwelling (indoors)Other private indoor spacePrivate dwelling (outdoors, e.g. garden)Private outdoor spacePublic outdoor space * Meetings of up to 6 were permitted only in free-to-access public outdoor areas, and pay-to-access public outdoor sports grounds and facilities, botanical gardens and the gardens of castles, stately homes and historic houses(but not fairgrounds or funfairs). No gatherings were permitted in any other outdoor area.
Exceptions to restrictions on gatherings There were a variety of permitted exceptions to the above prohibitions, with details varying according to tier.
Tier 1 exceptions +Tier 1 exceptionsTypeIndoor and outdoor exceptionsRefSame or linked householdsAll required to be members of a common household, or of two linked households ("support bubble")Permitted organised gatheringsOrganised, with precautions, by a business, charity or public body after a risk assessment. Participants must attend either alone or as part of a sub-group of no more than 6 (apart from larger single or linked household groups). Not allowed at a private dwellingGatherings necessary for certain purposesWork, voluntary services, education, registered childcare, supervised activities for children, emergency assistance, avoiding harm, providing care to a vulnerable person, child access to parents, contact between certain siblings, prospective adoptersLegal obligations and proceedingsFulfilling a legal obligation or participating in legal proceedingsCriminal justice accommodationAny gathering in criminal justice accommodationSupport groupsFormally organised support groups of no more than 15 people. Not allowed at a private dwellingBirthsAttending a person giving birthMarriages and civil partnerships etc.No more than 15 people. Organised, with precautions, after a risk assessment. Includes non-faith ceremonies, but not at a private dwellingWedding and civil partnership receptionsNo more than 15 people. Organised, with precautions, after a risk assessment. Not allowed at a private dwellingFuneralsNo more than 30 people. Organised, with precautions, after a risk assessment. Must be in a public outdoor space or a business or charity premises. Not allowed at a private dwellingCommemorative event following a person's deathNo more than 15 people. Organised, with precautions, after a risk assessment. Not allowed at a private dwellingProtestsOrganised, with precautions, by a business, charity, public body or political body after a risk assessmentElite sportsTraining and competition for elite sportspersons and coachesOther sportsOrganised outdoor sports or fitness activities, with precautions, after a risk assessment. Indoor activities for disabled peopleOutdoor activitiesAn outdoor physical activity for which a licence or permit issued by a public body (other than a driving licence or a food or alcohol licence) is requiredRemembrance SundayCommemorations where spectators participate either alone or as part of a sub-group of no more than 6 (apart from larger single or linked household groups). Provisions also for attendees who are working, members of the armed or voluntary services, and veterans
Tier 2 exceptions