Lockdown - the actual legislation

by flyingfish Thu Mar 26, 2020 6:53 pm

Now actually published for us to read in black and white. The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. As you might guess from the name it applies to England only, presumably similar will come out from the Welsh and Scottish parliaments.

Section 6 contains the actual restrictions on movement, I haven't yet trawled through the rest to see what other nasties might be lurking in there.

by itheman Fri Mar 27, 2020 8:45 pm

B*stards! Seem to have it wrapped up nicely. How should this be treated? Not parking ticket or a speeding ticket. A out side without reasonable reason! This is barbaric and totally against human rights? A right to be outdoors (in/ on god's earth is surely inalienable right) and if your local area is busy (as all towns and cities are) you must travel where there are less people (common sense prevails).

And if a relevant person....
(a)a “relevant person” means—
(i)a constable,
(ii)a police community support officer,
(iii)subject to paragraph (13), a person designated by a local authority for the purposes of this regulation, or
(iv)a person designated by the Secretary of State for the purposes of this regulation;
(b)references to a requirement include references to a restriction.
....does try to enforce a fine they must stay 6 feet away. You have a right to remain silent.
Dunno how they can therefore use reasonable force of they should be distancing themselves...does this mean they can endanger your life along with anyone elses who you live with?

by **assassin** Sat Mar 28, 2020 3:56 am

Then turn the legislation back upon them and bring a case of assault upon them along with endangering your life.

Simply shoot you?

by flyingfish Sat Mar 28, 2020 7:59 pm

I'm never sure if comments like that are serious. But if it was then a case against whom? Against the Police for enforcing the law, or against Parliament for voting for legislation you don't agree with?

by flyingfish Sat Mar 28, 2020 8:10 pm

itheman wrote:B*stards! Seem to have it wrapped up nicely. How should this be treated? Not parking ticket or a speeding ticket.

More like a speeding ticket as opposed to parking, because it will be treated as criminal. I think it will be tougher still to defend because there will be a degree of self righteousness involved. I think for anyone considering pushing the limits the best bet would be to read carefully the various things defined as "reasonable excuse" and make sure you have a completely clear story to tell. For example I note that the definition of work makes no reference to whether it is essential or not, only that it isn't reasonably possible to do it from home.

For completeness here's the version for Wales .. http://www.legislation.gov.uk/wsi/2020/353/contents/made
And Scotland .. http://www.legislation.gov.uk/ssi/2020/103/contents/made
Not that they really say anything different.

by **LionsShare** Sat Mar 28, 2020 8:36 pm

Yes & the most anoying thing "statutes & acts":

https://www.legislation.gov.uk/wsi/2020/353/regulation/13/made

Fixed penalty notices

13.(1)

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to a local authority specified in the notice.

All to do with commerce? Here is the thing: show me the commerce taking place, can commercial rules & regualations be sanctioned where there is NO evidence of commerce taking place?

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Lockdown - the actual legislation

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