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. The regulations are sometimes referred as the "second tier regulations" or the "all tiers regulations".
Exceptions to the restrictions on gatherings were initially to be permitted during a 'Christmas period', defined as 23–27 December 2020. But following a continued rise in infections in London and the South East, parts of those areas were moved up to tier 3 (then the highest level) on 17 and 19 December. On 20 December, London and the tier 3 parts of the South East and the East of England were moved into a new top-level tier 4, with restrictions similar to those of the second lockdown regulations. (2:40 At the same point, the 'Christmas period' was restricted to Christmas Day only for tiers 1 to 3, and was abolished entirely for tier 4.
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 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 these regulations revoked the second lockdown regulations, 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.
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 the (SI 2020/1611) on 20 December 2020. By 6 January 2021, all areas of England were in tier 4, where they remained until the regulations were revoked on 29 March.
A major difference from previous restrictions was that tiers were generally applied to larger areas such as counties or city regions rather than individual local authorities or smaller. In the original tiered areas, the only exception to this was Slough where rates were "much higher" than the rest of Berkshire and Buckinghamshire, districts like Tunbridge Wells and Ashford being placed in tier 3 even though they had lower than average rates.
Restrictions on gatherings, all tiers In all tiers, gatherings were restricted by size. In the spaces listed, the only permitted gatherings were as follows unless one of the exceptions applied: + Permitted gatheringsSpaceTier 1Tier 2Tier 3Tier 4Private dwelling (indoors)Other private indoor spacePrivate dwelling (outdoors, e.g. garden)Private outdoor spacePublic outdoor space * In tier 3, gatherings of no more than 6 people were allowed 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, historic houses or other heritage sites. All gatherings in outdoor areas that did not fall within that definition were prohibited, as were all gatherings at fairgrounds and funfairs.
** In tier 4, an individual was allowed to meet one other person only in free-to-access public outdoor areas, and pay-to-access botanical gardens and the gardens of castles, stately homes, historic houses or other heritage sites, as well as sculpture parks and allotments. All gatherings in outdoor areas that did not fall within that definition were prohibited, as were all gatherings at fairgrounds and funfairs.
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 was committed when the above restrictions were breached by more than 15 people 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 was provided for. All applied to tier 1, with more limited and fewer exceptions applying to tiers 2, 3 and 4. +General exceptionsTypeIndoor and outdoor exceptionsAppliesRefTier 1Tier 2Tier 3Tier 4Same or linked householdsAll 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).Education and trainingA variety of specified situations including early years provision, school activities, apprenticeships, work experience, applying for a job, professional training and examsGatherings necessary for certain purposesWork, voluntary services, emergency assistance, avoiding harm, providing care to a vulnerable or disabled person, for the purposes of a house moveLegal 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 counting children below the age of five). Not allowed at a private dwellingRespite careRespite care for a vulnerable or disabled person; a short break for a looked-after childBirthsAttending a person giving birthMarriages and civil partnerships etc.Ceremonies of no more than 15 people (six in tier 4) organised with precautions after a risk assessment; included non-faith ceremonies, but not at a private dwelling. Some restrictions relaxed for ceremonies of no more than six where one of the parties was seriously ill and was not expected to recoverWedding and civil partnership receptionsReceptions of no 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 (six in tier 4). 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 people. This exception did not extend to spectators or to parents of a child taking partOutdoor activitiesAn outdoor physical activity for which a licence or permit issued by a public body was requiredChildrenFormal childcare; informal childcare provided by a linked childcare household; access arrangements; contact between siblings who do not live together; prospective adoptersParent and child groupsFormally-organised groups of no more than 15 people (not counting children below the age of five). Not allowed at a private dwellingStudent and vacation householdsAllowed a student in higher education to move to another household on a single occasion for the purpose of a vacation, and to return afterwards. This was originally permitted before 8 February, and then between 8 March and 28 April 2021. The student became a part of the vacation household during the vacation periodChristmas periodCertain gatherings on 25 December 2020 only of no more than three linked Christmas households. See Linked Christmas householdsPicketingPicketing with precautions after a risk assessment (in tier 4 from 26 December 2020)Nomination of candidates and petitioningFrom 8 March 2021: Participating in the nomination of an election candidate, or petitioning for a referendumCampaigningFrom 8 March 2021: Campaigning in an election or referendum. This could be to support or to prejudice the prospects of any particular party or candidate. Not allowed inside a private dwellingObserving an election or referendumFrom 8 March 2021: Observing at an election or referendum
Tier 2 exceptions These were the same as for tier 1 except as follows: "Other sports": organised outdoor sports were still exempt, but organised fitness activities were not "Outdoor activities": outdoor physical activities involving a licence or permit not allowed Additional indoor exceptions were provided to the general tier 2 rule prohibiting gatherings in private indoor spaces:
TypeAppliedIndoor exceptionsRefVisiting a dying personTiers 2, 3 and 4Visitor was a member of that person's household, a close family member, or a friendVisiting persons receiving treatment etc.Tiers 2, 3 and 4Visitor was a member of that person's household, a close family member, or a friend. Applied to hospitals, hospices and care homesIndoor sportsTiers 2, 3 and 4Organised indoor sports for disabled people. This exception did not extend to spectators or to parents of children taking part
Tier 3 exceptions