The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 (SI 2020/1200) is an English statutory instrument made on 3 November 2020 by the Secretary of State for Health and Social Care, Matt Hancock, in response to the COVID-19 pandemic.
The three sets of First COVID-19 tier regulations which had been in place since 14 October 2020 had failed to reduce the levels of COVID-19 in England, and on 5 November they were revoked and replaced with these more rigorous "second lockdown" regulations.
Under the regulations, no-one was allowed to leave their own home without "reasonable excuse". Most social gatherings (meetings) of two or more people were prohibited unless an exception applied, but outdoor meetings of no more than two people were allowed in a public space. Most shops and many public-facing businesses were required to close, unless on an approved list.
The regulations were initially to remain in effect between 5 November and 2 December 2020 inclusive, but they were revoked and replaced one day early by the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, with those regulations coming into effect at 00:00 on 2 December.
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.
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 repealed on 14 October 2020, and were replaced by the First COVID-19 tier regulations.
On 31 October 2020, the Prime Minister Boris Johnson announced that England would go into a second lockdown from 5 November, with 'non-essential shops, leisure and entertainment venues' being required to close, and individuals prohibited from leaving home 'without reasonable excuse'. In contrast with the first lockdown, schools and universities would be allowed to remain open, and clinically vulnerable people would not have to resume shielding. Keir Starmer stated in parliament that the opposition would support the regulations, but regretted that the government had not acted earlier as had been recommended by the Government’s Scientific Advisory Group on Emergencies.
The First COVID-19 tier regulations were duly revoked on 5 November 2020 and replaced with these more rigorous second lockdown regulations SI 2020/1200.
Legal basis SI 2020/1200 was introduced by way of a Statutory Instrument made by the Secretary of State for Health and Social Care, Matt Hancock, using emergency powers available to him under the Public Health (Control of Disease) Act 1984. The regulations themselves state the legal basis for using such powers, namely "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".
The regulations were laid before parliament on 3 November 2020. The Secretary of State again used section 45R of the Public Health (Control of Disease) Act 1984 to enact the regulations on government authority, subject to retrospective approval by resolution of each House of Parliament within twenty-eight days. In the regulations themselves he stated that "by reason of urgency, it is necessary to make this instrument" without having first placed a draft before parliament for prior approval. On 4 November, the House of Commons was given the opportunity to vote on the regulations (but not to amend them), a vote that the government won by 516 votes to 38.
Commencement, scope and expiry
The regulations (which applied in England only) came into effect on 5 November 2020. They were set expire automatically at the end of the day of 2 December 2020.
Restrictions on leaving home As a general rule, no-one was allowed to leave or be outside their own home (which included any associated garden or yard) without "reasonable excuse". No exhaustive definition of "reasonable excuse" was provided, though it included any of the following exceptions:
Reasonable excuses for leaving home +Reasonable excuses for leaving homeExceptionNameDetailsRef1Necessary for certain purposesSee below2Work, voluntary services, education, training etcTo provide voluntary or charitable services that cannot be done from home; to access charitable services; for education or training; to provide care or assistance to a vulnerable person (anyone over 70, pregnant, or with a serious health condition); to provide emergency assistance; to fulfil a legal obligation; to access critical public services3Elite athletesFor the purposes of training or competition4Medical need etcTo seek medical assistance, to get a test, to be vaccinated, or to access health, medical, or mental health services5Support and respiteTo attend a permitted support group meeting; respite-related reasons6Death bed visitTo visit a household member, close family member, or friend you believe to be dying7Funerals etcTo attend a funeral or an event commemorating a person's life; or certain visits to a burial ground or garden of remembrance8Marriages and civil partnershipsTo attend a licensed wedding where one of the participants is seriously ill and is not expected to recover9ChildrenTo take a child to school; childcare access arrangements; children in care; prospective adopters; informal childcare by linked childcare household; registered childcare or supervised activities for children but only where necessary to enable a parent to work, search for work or undertake training or education10Animal welfareTo care for or exercise a pet; to attend a vet11Returning homeReturning home from a holiday that was started before the regulations came into force12Prison visitsVisits by a close family member or friend13Other visitsTo visit a household member, close family member or friend in hospital, hospice or care home; or to accompany them to a medical appointment
Exception 1: leaving home necessary for certain purposes This exception covered a variety of situations: +Exception 1 situationsExceptionDetails1aWhere reasonably necessary to leave home to buy goods or services for oneself, a household member, a vulnerable person (anyone over 70, pregnant, or with a serious health condition) or someone in their household1bTo obtain or deposit money1cTo take exercise outside. This could be either alone, or with household or linked household members. Also permitted was to exercise outside in a public place with any one other person (for this purpose, children under five and up to two carers for a disabled person were not counted)1dTo visit a public outdoor place for open air recreation. This could be either alone, or with household or linked household members. Also permitted was to exercise outside in a public place with any one other person (for this purpose, children under five and up to two carers for a disabled person were not counted)1eTo attend a place of worship1fTo attend an event commemorating Remembrance Sunday; or Armistice Day1gIn connection with the purchase, sale, letting or rental of residential property1hTo visit a linked household1iTo collect pre-ordered food, drink, or other goods, or visit a food or drink service business to obtain a takeaway1jTo visit a waste disposal or recycling centre
Restrictions on gatherings Indoor gatherings of two or more people were entirely prohibited unless an exception applied. This also applied to gatherings in a private dwelling.
Most outdoor gatherings of two or more were also prohibited unless an exception applied, but gatherings of two people in a public outdoor place were permitted. Children under the age of five and up to two carers for a person with a disability were not counted for this purpose.
Exceptions to the general prohibition against gatherings +Allowable gatheringsExceptionNameDetailsRef1Same or linked householdsAll people in the gathering were members of the same or a linked household. No limit on numbers2Gatherings necessary for certain purposesWork or voluntary or charitable services; education or training; emergency assistance; to avoid injury or illness or escape a risk of harm; providing care or assistance to a vulnerable person (anyone over 70, pregnant, or with a serious health condition); facilitating a house move3Legal obligations and proceedingsTo fulfil a legal obligation or to participate in legal proceedings4Criminal justice accommodationWhere the gathering took place in criminal justice accommodation5Support groupsCertain organised support groups of no more than 15 people, not in a private dwelling. Children under five were not included in the count. It had to be reasonably necessary for the members of the support group to be physically present6Respite careRespite-related gatherings7Births, and visiting persons receiving treatment etcAttending a person giving birth; visiting a household member, close family member or friend in hospital, hospice or care home; or accompanying them to a medical appointment8Marriages and civil partnershipsA licensed wedding where one of the participants was seriously ill and was not expected to recover, maximum attendance 6 people including the celebrant and the couple. No other weddings were allowed9Visiting a dying personA gathering to visit a household member, close family member, or friend you believed to be dying10FuneralsA funeral with no more than 30 people in attendance, following a risk assessment. Not permitted at a private dwelling11Commemorative event following a person's deathAn event such as the scattering of ashes with no more than 15 people in attendance, following a risk assessment. Not permitted at a private dwelling12Elite sportsGatherings necessary for elite training or competition13ChildrenChildcare access arrangements; children in care; prospective adopters; informal childcare by linked childcare household; registered childcare or supervised activities for children (but only where necessary to enable a parent to work, search for work or undertake training or education)14Remembrance Sunday and Armistice DayOrganised outdoor Remembrance Sunday (or Armistice Day) gatherings, after a risk assessment. Not permitted at a private dwelling. Also, special arrangements for an Armistice Day service in Westminster Abbey on 11 November 2020
Linked households A household containing exactly one adult (no more) and any number of children could form a permanent link with one other household of any size (such linked households were referred to in government statements as "support bubbles"). Households which were already linked under earlier regulations could not link with any other household.
Linked childcare households