WHAT IS LEFT OF AN ENGLISHMAN’S FREEDOM OF MOVEMENT?

Pictures from our Justice for England march.

 

WHAT IS LEFT OF AN ENGLISHMAN’S FREEDOM OF MOVEMENT?

As there has been much misleading TV and press reporting, and also over-zealous police action, I thought that I would publish a guide to what freedom of movement is still legally permitted.

The start point is the Statutory Instrument 2020 No.350 The Health Protection (Coronavirus, Restrictions)(England) Regulations 2020 which was made at 1.00 p.m. on 26^th March 2020 (i.e. on the day after the Government got Royal Assent for the Coronavirus Act 2020!).

Here is the full text of the relevant section (6).  I have highlighted the main points.

STATUTORY INSTRUMENT 2020 No.350

The Health Protection (Coronavirus,Restrictions)(England) Regulations 2020

Made - at 1.00p.m.on 26th March 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984(1).

These Regulations are made in response to 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.

Restrictions on movement

6.

(1) During the emergency period, no person may leave the place where they are living without reasonable excuse.

(2) For the purposes of paragraph (1), a reasonable excuse includes the need—(a)to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household) or for vulnerable persons and supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person, or to obtain money, including from any business listed in Part 3 of Schedule 2;

(b)to take exercise either alone or with other members of their household;

(c)to seek medical assistance, including to access any of the services referred to in paragraph37 or 38 of Schedule 2;(d)to provide care or assistance, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006(3), to a vulnerable person, or to provide emergency assistance;(e)to donate blood;

(f)to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living;

(g)to attend a funeral of—(i)a member of the person’s household,(ii)a close family member, or(iii)if no-one within sub-paragraphs (i) or (ii) are attending, a friend;

(h)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(i)to access critical public services, including—(i)childcare or educational facilities (where these are still available to a child in relation to whom that person is the parent, or has parental responsibility for, or care of the child);(ii)social services;(iii)services provided by the Department of Work and Pensions;(iv)services provided to victims (such as victims of crime);(j)in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;(k)in the case of a minister of religion or worship leader, to go to their place of worship;(l)to move house where reasonably necessary;(m)to avoid injury or illness or to escape a risk of harm.

(3) For the purposes of paragraph (1), the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.

It is important to note that the basic rule in Section 6 (1) is that we all must stay in the place where we are living (which includes the premises where we live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises). If you do not stay there you will be guilty of an offence. 

The Order then says that we can leave if we have a “reasonable excuse” but “reasonable” does not have its usual common-sense meaning.  In this rule it means only what follows in section 6 (2). 

So if you are outside your garden without a shopping list which includes items of “basic necessities” or for the “upkeep” and “maintenance” of your household, then for most people the permissible excuses are either taking “exercise” or travelling to work!

 (Click here for the full rules >>> http://www.legislation.gov.uk/uksi/2020/350/made/data.pdf)