Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020
The Health Protection Regulations 2020 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, 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 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. 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, 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.
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 in England". Hancock used section 45R of the Public Health 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 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:| Space | Tier 1 | Tier 2 | Tier 3 | Tier 4 |
| Private dwelling | ||||
| Other private indoor space | ||||
| Private dwelling | ||||
| Private outdoor space | ||||
| Public outdoor space |
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.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:
| Type | Applied | Indoor exceptions | Ref |
| Visiting a dying person | Tiers 2, 3 and 4 | Visitor was a member of that person's household, a close family member, or a friend | |
| Visiting persons receiving treatment etc. | Tiers 2, 3 and 4 | Visitor was a member of that person's household, a close family member, or a friend. Applied to hospitals, hospices and care homes | |
| Indoor sports | Tiers 2, 3 and 4 | Organised indoor sports for disabled people. This exception did not extend to spectators or to parents of children taking part |
Tier 3 exceptions
These were largely the same as tier 2 but there was no exception for wedding and civil partnership receptions.Tier 4 exceptions
These were the same as tier 3 with the following exceptions:- No 'permitted organised gatherings'
- Wedding or civil partnership ceremonies were limited to six people
- Commemorative events following a death were limited to six people
- No special Christmas arrangements, thus normal tier 4 rules applied on 25 December 2020.
Restrictions on leaving home in tier 4
As originally made, SI 1374 controlled social interactions by imposing rules on gatherings; there was no general prohibition against leaving home. The amendments introduced on 20 December 2020 by SI 1611 however, brought in a new tier 4 ''' with much stricter rules, very similar to those of the second lockdown There remained no general prohibition against leaving home in tiers 1 to 3.In tier 4 there was a general prohibition leaving or be outside one's own home without "reasonable excuse". No exhaustive definition of "reasonable excuse" was provided, though it included any of the following exceptions:
Exception 1: leaving tier 4 home necessary for certain purposes
This exception covered a variety of situations:| Exception | Details |
| 1a | Where reasonably necessary to leave home to buy goods or services for oneself, a household member, a vulnerable person or someone in their household |
| 1b | To obtain or deposit money |
| 1c | To take exercise outside. This could be either alone, or with household or linked household members. Also permitted was to exercise outside in a public place with any one other person |
| 1d | This exception originally applied until 5 January 2021, when it was removed; it was restored on 8 March 2021: To visit a public outdoor place for open air recreation with any one other person. Visiting a public outdoor place for open air recreation with any number of household or linked household members was also permitted |
| 1da | From 26 December 2020 to 5 January 2021 only: To visit outdoor attractions at an aquarium, zoo, safari park, or other outdoor animal attractions. This exception was removed from 6 January 2021. |
| 1e | To attend a place of worship |
| 1f | In connection with the purchase, sale, letting or rental of residential property |
| 1g | To visit a linked household |
| 1h | To collect pre-ordered food, drink, or other goods, or visit a food or drink service business to obtain a takeaway |
| 1i | To visit a waste disposal or recycling centre |
Movement between tiers
There was no general prohibition against leaving a home tier area, or against movement between tiers. An individual who travelled between tiers to join a gathering was generally subject to the rules of their home tier, or the tier of the place to which they travelled, whichever was higher. Anyone living in tier 1, 2 or 3 was permitted to travel to a higher tier area, but could not participate in a gathering that was prohibited in the higher tier area. Anyone living in tier 2, 3 or 4 who travelled to a lower tier area could not participate in any gathering that would have been prohibited in their home area. As noted above, people resident in tier 4 were permitted to leave home and travel only if they had a 'reasonable excuse' to do so.Business closures
Certain businesses were required to close or limit their operations.Tier 2 business restrictions
The tier 1 list of businesses that had to close, and the opening hour restrictions, also applied in tier 2. In addition, there were the following restrictions:| Applies | Details | Ref | Exceptions | Ref | |
| Pubs and bars to serve alcohol as part of a table meal | Tier 2 | Restrictions on service: pubs, bars, and other venues selling alcohol for consumption on the premises could remain open only if they served alcohol only as part of a table meal. The meal had to be eaten while seated at a table. This rule applied equally to areas adjacent to the premises used by customers | Alcohol served as part of a hotel's room service | ||
| Bars and non-food pubs to close | Tiers 2 and 3 | Must close: pubs, bars, and other venues that sell alcohol for consumption on the premises other than as part of a table meal |
Tier 3 business restrictions
The tier 1 and tier 2 lists of businesses that must close also applied in tier 3. In addition, there were the following restrictions:| Applies | Details | Ref | Exceptions | Ref | |
| Further businesses to close | Tier 3 | Must close: indoor play areas, trampoline/inflatable parks; casinos; bingo halls; bowling alleys; snooker and pool halls; amusement arcades; laser quest and escape rooms; theatres and cinemas; concert halls; many conference centres and exhibition halls; indoor skating rinks; circuses; the indoor parts of many visitor and heritage attractions | Where the owner ran a separate shop, cafe or restaurant, or an online delivery service; drive-in theatres and cinemas; visitor toilets | ||
| Holiday accommodation to close | Tier 3 | Must close: holiday accommodation | Various special cases including venue used as a main residence, and where needed for work or education; also, any accommodation provided during the period 24 to 26 December 2020. | ||
| No consumption of food or drink on the premises | Tier 3 | Must close: restaurants, cafes and workplace canteens, bars, pubs, social clubs providing food and drink | Where the owner ran a separate cafe or restaurant, or an online delivery service; food or drink served as part of a hotel's room service; motorway service stations, air and sea ports | ||
| Opening hours restrictions | Tier 3 | Must close between 23:00 and 05:00: drive-in theatres and cinemas; outdoor concert venues; outdoor attractions at theme parks, fairgrounds and funfairs | Venues could stay open after 23:00 to conclude a performance starting before 22:00 | ||
| Food and drink takeaways | Tier 3 | Limited service between 23:00 and 05:00: between those hours food and drink takeaways could operate click-and-collect and drive-through services only |
Tier 4 business restrictions
These were similar but not identical to those of the second lockdown that was in place between 5 November and 2 December 2020.Linked households
The concept of "linked households" was brought forward from previous regulations, but in extended form. 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 requiring continuous care, the child being under the age of five on 2 December 2020
- One or more persons with a disability requiring continuous care, on their own or together with any number of individuals who do not have such a disability.
There were no limits on the second household, which could include any number of adults and children.
A household could only be linked with one other household at any one time. But for the first time, linked households could be changed if all members of a linked household agreed; this was subject to a minimum 14 day period between the final meeting of the former linked households and the first meeting of the new.
Linked childcare households
The concept of "linked childcare households" was brought forward from previous regulations. It was separate from "linked households".A household with at least one child aged 13 or under could link with another household providing informal childcare. Only one linked childcare household was permitted at any one time, and all adults in both households had to agree. Changes to the linking were allowed subject to a minimum 14 day period between the final meeting of the former linked childcare households and the first meeting of the new.
Linked Christmas households
As originally made, the regulations provided for more relaxed Christmas rules on gatherings during the 'Christmas period', defined as 23–27 December 2020, but three days before they were due to enter into effect SI 1611 altered the definition and restricted the Christmas period to 25 December only. The amended Christmas rules given below applied to tiers 1 to 3 only; there were no special Christmas arrangements in tier 4.The Christmas rules introduced a new concept of "linked Christmas households", separate from "linked households" and "linked childcare households".
One or more members of one household could form a linked Christmas household with one or more members of no more than two other households from a tier 1, 2 or 3 area, regardless of size, to form a linked Christmas household for the purpose of gathering during the Christmas 2020 period, if all people to be linked agreed. Two households that were already linked households counted as one household for this purpose. A person could be a member of only one linked Christmas household, except that a child who did not live in the same household as both parents could be a member of a linked Christmas household formed by each parent. There was a special exception for higher education students on vacation.
Linked Christmas households were exempted from some of the restrictions on gatherings on 25 December. During that period, gatherings of no more than three linked Christmas households were permitted provided that they took place in a private dwelling, a place of worship or a public outdoor place. Attendees could also travel together, as gatherings in conveyances were permitted.
A Christmas gathering could extend beyond the Christmas period in the event that an attendee could not return home due to unforeseen travel disruption.
These Christmas-specific rules were revoked on 19 January 2021.
Declaration on leaving the United Kingdom
On 8 March 2021, SI 2021/247 introduced a new requirement for travellers leaving the United Kingdom to have with them a completed travel declaration form when they arrived at an embarkation point. On the form, the traveller had to give a variety of personal details, to state the reason for being away from home, and to certify that the information provided was true. Anyone who failed to complete a form and who did not do so when directed by an authorised person could be required to return home or leave the embarkation point without departing from the UK. Failure to comply was an offence. The regulations provided a long list of travellers who were exempt, including diplomats, essential government workers, transit passengers, hauliers, seamen, aircraft crews and channel tunnel workers.Reviews and expiry
The Secretary of State had to review the need for the restrictions every 28 days, and also the applicability of the tier areas every 14 days.The regulations were originally stated to expire at the end of 2 February 2021, later moved to 31 March 2021. They were ultimately repealed on 29 March 2021 and replaced by the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021.
Enforcement
Breaches of the regulations were offences and could be prosecuted or dealt with by fixed penalty notices with penalties ranging up to £10,000 for repeated violations.Inconsistency in application by government officials
British government staff Christmas parties controversy
In December 2021, it was reported that a number of social gatherings of United Kingdom government staff had occurred in the run-up to Christmas during the period when the restrictions detailed above were in force. The government denied any rules were broken but commenced an investigation into whether any breaches of the rules had occurred.Inconsistencies regarding application of exercise rules
The regulations did not define what constitutes exercise, nor how far an individual could travel to in order to undertake exercise. Government guidelines stated that individuals should exercise in their "local area", but there was no such requirement in the regulations. Similarly, the guidelines stated that exercise "should be limited to once per day", but the regulations did not require or even mention such a thing.On 6 January 2021 fixed penalty notices were handed to two women by Derbyshire Police, reportedly for travelling to go for a walk. The police force subsequently stated that it was reviewing the action based on new national guidelines, but issuance of the notices was nevertheless supported by the health secretary, Matt Hancock. This led to calls for greater clarity as to what travel was legally permitted for the purpose of exercise. Four days later it was announced that the notices had been revoked and that Derbyshire Police had apologised to the women.
It was reported that on 10 January 2021 Boris Johnson had been seen cycling in the Queen Elizabeth Olympic Park, from Downing Street. Metropolitan Police Commissioner Dame Cressida Dick stated that the trip had not been "against the law - that's for sure" but called for greater clarity in the regulations.
Summary of main changes, by date
This chronological table lists the main changes to the second tier regulations.| SI | In effect | Main changes | Ref |
| 1533 | 16 Dec 2020 | All London boroughs and the City of London, Essex and the Hertfordshire districts of Broxbourne, Hertsmere, Three Rivers and Watford were moved up from tier 2 to tier 3. | |
| 1572 | 19 Dec 2020 | The counties of Bedfordshire, Buckinghamshire, the rest of Berkshire, the Cambridgeshire district of Peterborough, the rest of Hertfordshire, Surrey, the East Sussex districts of Hastings and Rother and the Hampshire districts of Gosport, Havant and Portsmouth moved up to tier 3. Bristol county and North Somerset district moved down to tier 2. Herefordshsire moved down to tier 1. | |
| 1611 | 20 Dec 2020 | The counties of Bedfordshire, Buckinghamshire, Berkshire, the Cambridgeshire district of Peterborough, Essex, Hertfordshire, Kent, Surrey, the East Sussex districts of Hastings and Rother, the Hampshire districts of Gosport, Havant and Portsmouth, all London boroughs and the City of London moved up to a newly created tier 4. | |
| 1646 | 26 Dec 2020 | The rest of Cambridgeshire, the rest of Essex, the rest of Hampshire, Norfolk, Oxfordshire, Suffolk, the Surrey district of Waverley and the rest of Sussex moved up to tier 4. The counties of Bristol, Cheshire, the rest of Gloucestershire, the rest of Somerset, Northamptonshire, the Wiltshire district of Swindon, the Isle of Wight, the Hampshire district of New Forest moved up to tier 3. Cornwall and Herefordshire moved up to tier 2. | |
| 1654 | 31 Dec 2020 | The counties of Cheshire, Cumbria, Derbyshire, Durham, Gloucestershire, Isle of Wight, Greater Manchester, Lancashire, Leicestershire, Lincolnshire, Northamptonshire, Northumberland, Nottinghamshire, Somerset, Staffordshire, Tyne and Wear, Warwickshire, West Midlands, the Wiltshire district of Swindon, the Dorset district of Bournemouth, Christchurch and Poole, the Hampshire district of New Forest, the Stockton-on-Tees district moved up to tier 4. The counties of Cornwall, Devon, Dorset, Herefordshire, Merseyside, North Yorkshire, Rutland, Shropshire, Wiltshire, Worcestershire, and the Somerset district of Bath and North East Somerset moved up to tier 3. | |
| 8 | 6 Jan 2021 | All areas of England moved into a stricter tier 4; expiry date moved from 2 Feb to 31 March; no longer allowed to meet with one other person for 'recreation' in an outdoor public place; children's outdoor sports gatherings no longer allowed; outdoor zoos and wildlife attractions closed again; hospitality venues can no longer sell takeaway alcohol; various new business closures. | |
| 53 | 20 Jan 2021 | Spent Christmas rules revoked; minor amendments and corrections. | |
| 97 | 29 Jan 2021 | Fines for attending gatherings of more than 15 attendees in private dwellings or educational accommodation, or indoor raves of more than 15 attendees, increased to range from £400 to £6,400. Other minor amendments and corrections. | |
| 247 | 8 Mar 2021 | Added requirement for people leaving the UK to fill in a travel declaration form; added new exception to allow people to leave home to meet one other person for recreation in a public outdoor space, and also for election purposes. Allowed students to leave their student household for one vacation visit to be taken before 29 April. |
Local authority areas in each tier, by date
This table lists the dates during which specific areas fell within each tier.Data
- 10 December,,,,,,,,
- 17 December,,,,,,,,
- 23 December,,,,,,,,
- 30 December,,,,,,,,