The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (SI 2021/364) is an English emergency statutory instrument which replaced the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 from 29 March 2021. Initially, all of England was subject to Step 1 restrictions. Step 2 applied from 12 April 2021 and Step 3 from 17 May 2021. The regulations were originally set to expire on 30 June 2021, but that was later extended to the end of 18 July 2021. They were revoked on the latter date.
Context and earlier regulations A stepped approach to relaxation of pandemic-related restrictions in England was set out by the Cabinet Office in a document referred to as a "roadmap", published on 22 February 2021. These regulations partially enacted those intentions, and replaced almost all of the existing Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 which had been in force since 2 December 2020.
Legal basis The regulations were made on 22 March 2021 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 29 March 2021.
Step restrictions The scheme of the regulations was to define three levels of personal and business restrictions, called "Steps". Step 1 was the most restrictive and Step 3 the least. Although the regulations were drafted so that different areas of England could be at different Step levels simultaneously, in the event all areas of England were placed into the same level and were moved as a bloc from Step 1 to Step 2 to Step 3.
Step levels by date +Applied throughout EnglandIn effectRef Step 1 Step 2 Step 3
General restrictions on gatherings In all Step areas, gatherings were restricted by size, and unless one of the exceptions applied the only permitted gatherings were those shown in the table. Children were included in the counts, though certain exceptions – see below – allowed for larger gatherings with young children. + Permitted gatheringsPlaceStep 1Step 2Step 3IndoorsOutdoors ( private gardens) See also the first two exceptions in the table below. These allowed, alternatively, any number of people from one or two households.
Exceptions to the restrictions on gatherings Certain larger gatherings were permitted if one of the following exceptions applied. The list was exhaustive, in the sense that no other reasons could be used to justify contravening the general restrictions on gatherings. In some cases the exception applied only where it was 'reasonably necessary', in other words where the purpose of the gathering could not reasonably be achieved in some other way.
Except where stated, the exceptions applied to both indoor and outdoor gatherings. +Allowable exceptionsTypeDetailsStep 1Step 2Step 3Same or linked householdsAll members of a common household, or of two linked households ("support bubble")colspan="2" Two households or linked householdsGatherings of no more than two non-linked households. Linked households counted as one for this purposecolspan="2" Education and trainingA variety of specified situations including early years provision, school activities, apprenticeships, work experience, applying for a job, professional training and examscolspan="3" Gatherings necessary for certain purposesWork, voluntary services, emergency assistance, avoiding harm, providing care to a vulnerable or disabled person, for the purposes of a house movecolspan="3" Legal obligations and proceedingsFulfilling a legal obligation or participating in legal proceedingscolspan="3" Criminal justice accommodationAny gathering in criminal justice accommodationcolspan="3" Support groupsSupport groups held at premises other than a private dwelling. Informal groups were allowed in Step 3, but in Steps 1 and 2 the group had to be organised with precautions by a business, charity or public body after a risk assessment.colspan="2" Respite careRespite care for a vulnerable or disabled person; a short break for a looked-after childcolspan="2" BirthsAttending a person giving birthcolspan="2" Visiting persons receiving treatment etc.Visitor was a member of that person's household, a close family member, or a friend. Applied to hospitals, hospices and care homescolspan="2" Visiting a dying personVisitor was a member of that person's household, a close family member, or a friendcolspan="2" Marriages and civil partnerships etc.Ceremonies (including non-faith ceremonies) organised with precautions after a risk assessment. Some restrictions below were relaxed for ceremonies where one of the parties was seriously ill and was not expected to recover. Until 20 June 2021: could not be held in a public place nor at a private dwelling, indoors or out
After 20 June 2021: could not be held indoors in a private dwelling; no limit on numbersWedding and civil partnership receptionsReceptions organised with precautions after a risk assessment. Until 20 June 2021: could not be held in a public place nor at a private dwelling
After 20 June 2021: could not be held indoors in a private dwelling; no limit on numbersSignificant event celebrationA ceremony, rite or ritual to mark a significant milestone in a person's life, according to religion or belief. The exception could not be used to celebrate a birthday other than a coming of age. Had to be organised with precautions after a risk assessment. Until 20 June 2021: had to be held at the premises of a business, charity or public body. Not allowed at a private dwelling, indoors or out
After 20 June 2021: could not be held indoors in a private dwelling; no limit on numberscolspan="2" FuneralsOrganised with precautions after a risk assessment. Until 20 June 2021: had to be held in a public outdoor space or business or charity premises. Not allowed at a private dwelling, whether indoors or out.
After 20 June 2021: allowed anywhere except indoors in a private dwelling.colspan="2" Commemorative event following a person's deathEvents organised with precautions after a risk assessment. Not allowed at a private dwellingChildrenFormal childcare; informal childcare provided by a linked childcare household; access arrangements; contact between siblings who did not live together; prospective adopterscolspan="3" Parent and child groupsParent and child groups organised by a business, charity or public body. Not allowed at a private dwelling in Steps 1 and 2, but formally-organised home meetings were permitted in Step 3Student and vacation householdsAllowed a student in higher education to move from their student to another household once before 30 June 2021 for the purpose of a vacation, and to return afterwards. The student became a part of the vacation household during the vacation periodcolspan="3" Communal worshipCommunal worship was allowed (without numerical restriction) provided it was organised with precautions after a risk assessment. Worshippers had to attend either alone or as part of a qualifying group, with no mingling between qualifying groupscolspan="2" Permitted organised gatheringsGatherings organised by a business, charity or public body at private premises other than a private dwelling, or in a public outdoor place, with precautions after a risk assessment. Political bodies were also allowed to organise public outdoor gatherings. Attendees had to attend either alone or as part of a qualifying group, with no mingling between qualifying groupsProtestsOrganised with precautions by a business, charity, public body or political body after a risk assessmentcolspan="3" PicketingPicketing with precautions after a risk assessmentcolspan="3" Organised sports/fitnessTaking part in sports or fitness activities organised with precautions by a business, charity or public body after a risk assessment. This exception did not extend to spectators or to parents of a child taking partOutdoor licensed activitiesTaking part in an outdoor physical activity for which a licence or permit issued by a public body is required. Had to be organised with precautions after a risk assessment.colspan="3" Elite sportsNecessary training and competition for elite sportspersons and coachescolspan="3" Nomination of candidates and petitioningParticipating in the nomination of an election candidate, or petitioning for a referendumcolspan="2" CampaigningCampaigning in an election or referendum. Not allowed inside a private dwellingcolspan="2" Observing an election or referendumObserving at an election or referendumcolspan="3" Secretary of State's directionAny gathering explicitly permitted under a direction made by the Secretary of Statecolspan="2" * "N/A" means that no exception was necessary since the activity was normally permitted under the general restrictions on gatherings for that particular Step.
Qualifying groups Some of the exceptions allowed individuals to attend a larger-than-normal gathering provided that they did so either alone or as part of a smaller 'qualifying group', the definition depending on the Step as in the table below. During the gathering, the person could not move between qualifying groups, nor mingle with anyone outside their group.
+ Definition of 'qualifying group'PlaceSteps 1 and 2Step 3IndoorsNo limit on numbers provided that all group members were from a single household, from two linked households, or (if for childcare purposes) from two linked childcare householdsNo limit on numbers provided that all group members were from no more than two households (linked households counting as one for this purpose). Alternatively, members could come from any number of households subject to a maximum group size of 6OutdoorsNo limit on numbers provided that all group members were from no more than two households (linked households counting as one for this purpose). Alternatively, members could come from any number of households subject to a maximum group size of 6Group members could come from any number of households, subject to a maximum group size of 30
Linked households The concept of "linked households" (referred to in government statements as "support bubbles") was brought forward from previous regulations. Two households that were linked under these regulations could generally meet as if they were one household. First and second households could link if all the adults in both households agreed. The first household had to comprise: A single adult Any number of children and no adults One adult and any number of children who were under the age of 18 on 12 June 2020 Any number of adults and a child who was under the age of one on 2 December 2020 Any number of adults and a child with a disability that required continuous care, and who was under the age of five on 2 December 2020 One or more persons with a disability that required continuous care, on their own or together with any number of individuals who did not have such a disability (but only one of the non-disabled individuals could be aged 18 or over on 12 June 2020).
There were no limits on the second household, which could include any number of adults and children.
A household could be linked with only one other household at a time. Linked households could be changed, if all agree, subject to a minimum 10 day waiting period counted from the last date on which any member of the newly linked households participated in a gathering that was allowed only by virtue of a previous household link.
Linked childcare households