Not just ‘leaving’ but ‘being outside’ the place where you’re living – public health restrictions updated

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 have been amended with effect from 11:00 today (22 April). In particular, Regulation 6 is amended to clarify that under regulation 6(1), the prohibition applies both to leaving the place where a person is living without reasonable excuse, and also (new) to “be[ing] outside of” that place without reasonable excuse.*

The Regulations also clarify the application of enforcement provisions in regulation 8, permit payment of fixed penalties following the issue of a fixed penalty notice under regulation 10 to be made to an officer designated by the Secretary of State or by a local authority (including a county council), amend the list of businesses in Part 2 and Part 3 of Schedule 2 and make other minor amendments.

I have updated my post about the regulations (and the – separate – public health measures introduced by the Coronavirus Act 2020) in the context of those with impaired decision-making capacity here.

* Interestingly, the Explanatory Note says that the amendment provides that the prohibition extends to “staying outside” the place, which is rather different to simply “being.”