Coronavirus Bill (HC Bill 122)

Coronavirus BillPage 139

applies to take reasonable steps to secure that persons do not, for a specified
period, attend premises of the institution.

(4) Before giving a direction under this paragraph, the Secretary of State—

(a) must have regard to any advice from the Chief Medical Officer or
one of the Deputy Chief Medical Officers of the Department of
5Health and Social Care relating to the incidence or transmission of
coronavirus, and

(b) must be satisfied that giving the direction is a necessary and
proportionate action in response to the incidence or transmission of
coronavirus.

(5) 10Before giving a direction under this paragraph, the Welsh Ministers—

(a) must have regard to any advice from the Chief Medical Officer for
Wales or one of the Deputy Chief Medical Officers for Wales relating
to the incidence or transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and
15proportionate action in response to the incidence or transmission of
coronavirus.

(6) A temporary closure direction under this paragraph may—

(a) require the taking of reasonable steps in general terms, or require the
taking of particular steps that the appropriate authority considers
20reasonable, in relation to any of the matters mentioned in the
following paragraphs;

(b) relate to attendance of persons generally, or to attendance by
specified persons;

(c) relate to premises generally, or to specified premises or parts of
25premises;

(d) relate to attendance generally, or to attendance for specified
purposes;

(e) otherwise make different provision for different purposes, or be
framed by reference to whatever matters the appropriate authority
30considers appropriate;

(f) make transitional, transitory or saving provision;

(g) make such other provision as the appropriate authority considers
appropriate in connection with the giving of the direction.

(7) Where a temporary closure direction under this paragraph applies to an
35educational institution in England—

(a) any FE funding agreement in respect of that institution has effect, or

(b) any Academy arrangements in respect of that institution or its
responsible body have effect,

subject to any modifications necessary to enable the direction to be complied
40with.

(8) The duty of a responsible body to which a temporary closure direction is
given under this paragraph to comply with the direction is enforceable
against that body by the appropriate authority making an application to the
High Court or the county court for an injunction.

(9) 45An application made under sub-paragraph (8) may be made without notice
being given to the responsible body.

(10) In this paragraph—

    Coronavirus BillPage 140

  • “appropriate authority” means the Secretary of State (in relation to a
    temporary closure direction given under sub-paragraph (1)) or the
    Welsh Ministers (in relation to a temporary closure direction given
    under sub-paragraph (2));

  • 5“premises”, in relation to an educational institution, means—

    (a)

    any premises which persons normally attend in order to
    receive services provided by the institution, and

    (b)

    any other premises to the extent that those premises are being
    used by the institution for examinations or assessments of —

    (i)

    10regulated qualifications within the meaning of
    section 130 of the Apprenticeships, Skills and
    Learning Act 2009, in relation to England, or

    (ii)

    qualifications regulated by Qualifications Wales, in
    relation to Wales.

  • 15“school” has the same meaning as in the Education Act 1996 (see section
    4 of that Act);

  • “specified” means specified, or falling within a description specified, in
    a temporary closure direction under this paragraph.

(11) In this paragraph, in relation to England—

  • 20“Academy arrangements” has the meaning given by section 1(2) of the
    Academies Act 2010;

  • “educational institution” means—

    (a)

    a school;

    (b)

    a 16 to 19 Academy, within the meaning of section 1B of the
    25Academies Act 2010;

    (c)

    an institution within the further education sector, within the
    meaning of section 91(3) of the Further and Higher Education
    Act 1992;

    (d)

    a provider of post-16 education or training—

    (i)

    30to which Chapter 3 of Part 8 of the Education and
    Inspections Act 2006 applies, and

    (ii)

    in respect of which funding is provided by, or under,
    arrangements made by the Secretary of State, a local
    authority or a combined authority established under
    35section 103 of the Local Democracy, Economic
    Development and Construction Act 2009,

    but does not include an employer who is a provider by
    reason only of the employer providing such education or
    training to its employees;

    (e)

    40a higher education provider within the meaning of section
    83(1) of the Higher Education and Research Act 2017;

    (f)

    a provider of higher education within the meaning of section
    83(1) of the Higher Education and Research Act 2017 which is
    not an institution (within the meaning of that section)
    45whether or not it is designated under section 84 of that Act;

  • “FE funding agreement” means an agreement, in respect of education
    or training to which Chapter 3 of Part 8 of the Education and
    Inspections Act 2006 applies, that is entered into between—

    (a)

    the Secretary of State, a local authority or a combined
    50authority established under section 103 of the Local

    Coronavirus BillPage 141

    Democracy, Economic Development and Construction Act
    2009, and

    (b)

    an educational institution,

    but does not include an agreement that is Academy arrangements;

  • “local authority” has the same meaning as in section 579(1) of the
    5Education Act 1996;

  • “responsible body” means—

    (a)

    in relation to a school or a 16 to 19 Academy, the proprietor,
    within the meaning of section 579(1) of the Education Act
    1996;

    (b)

    10in relation to an institution within the further education
    sector, the governing body within the meaning of section
    90(1) of the Further and Higher Education Act 1992;

    (c)

    in relation to a provider of post-16 education or training, the
    person with legal responsibility and accountability for the
    15provider;

    (d)

    in relation to a higher education provider within the meaning
    of section 83(1) of the Higher Education and Research Act
    2017 or a provider of higher education designated under
    section 84 of that Act, the governing body within the meaning
    20of section 85(1) of that Act;

    (e)

    in relation to any other provider of higher education not
    mentioned in paragraph (d), any person responsible for the
    management of the provider.

(12) In this paragraph, in relation to Wales—

  • 25“educational institution” means—

    (a)

    a school;

    (b)

    an institution within the further education sector, within the
    meaning of section 91(3) of the Further and Higher Education
    Act 1992;

    (c)

    30an institution within the higher education sector within the
    meaning of section 91(5) of that Act;

    (d)

    a provider of education or training within the meaning of
    sections 31(1)(a) or (b) or 32(1)(a) or (b) of the Learning and
    Skills Act 2000 that—

    (i)

    35is not an institution within the meaning of paragraph
    (b) or (c), and

    (ii)

    is in receipt of funding for provision of that education
    or training from the Welsh Ministers or a local
    authority,

    40but does not include an employer who is a provider by
    reason only of the employer providing such education or
    training to its employees;

    (e)

    a provider of a course of education within the meaning of
    Schedule 6 to the Education Reform Act 1988 that is not an
    45institution within the meaning of paragraph (b) or (c).

  • “local authority” means a county council in Wales or a county borough
    council;

  • “responsible body” means—

    (a)

    in relation to a school, the proprietor, within the meaning of
    50section 579(1) of the Education Act 1996;

    Coronavirus BillPage 142

    (b)

    in relation to an institution within the meaning of paragraphs
    (b) or (c) of the definition of “educational institution”, the
    governing body within the meaning of section 90(1) of the
    Further and Higher Education Act 1992;

    (c)

    5in relation to a provider within paragraph (d) or (e) of that
    definition, the person with legal responsibility and
    accountability for the provider.

Registered childcare providers

2 (1) The Secretary of State may give a temporary closure direction that applies
10to—

(a) one or more named registered childcare providers in England;

(b) all registered childcare providers in England (or any part of
England);

(c) registered childcare providers in England (or any part of England) of
15a particular description.

(2) The Welsh Ministers may give a temporary closure direction that applies
to—

(a) one or more named registered childcare providers in Wales;

(b) all registered childcare providers in Wales (or any part of Wales);

(c) 20registered childcare providers in Wales (or any part of Wales) of a
particular description.

(3) A temporary closure direction under this paragraph is a direction that
requires a registered childcare provider to which it applies to take
reasonable steps to secure that persons do not, for a specified period, attend
25premises of the provider for purposes connected with the provision of
childcare.

(4) Before giving a direction under this paragraph, the Secretary of State—

(a) must have regard to any advice from the Chief Medical Officer or
one of the Deputy Chief Medical Officers of the Department of
30Health and Social Care relating to the incidence or transmission of
coronavirus, and

(b) must be satisfied that giving the direction is a necessary and
proportionate action in response to the incidence or transmission of
coronavirus.

(5) 35Before giving a direction under this paragraph, the Welsh Ministers—

(a) must have regard to any advice from the Chief Medical Officer for
Wales or one of the Deputy Chief Medical Officers for Wales relating
to the incidence or transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and
40proportionate action in response to the incidence or transmission of
coronavirus.

(6) A temporary closure direction under this paragraph may—

(a) require the taking of reasonable steps in general terms, or require the
taking of particular steps that the appropriate authority considers
45reasonable, in relation to any of the matters mentioned in the
following paragraphs;

(b) relate to attendance of persons generally, or to attendance by
specified persons;

Coronavirus BillPage 143

(c) relate to premises generally, or to specified premises or parts of
premises;

(d) relate to attendance for purposes connected with the provision of
childcare generally, or to attendance for specified purposes;

(e) 5otherwise make different provision for different purposes, or be
framed by reference to whatever matters the appropriate authority
considers appropriate;

(f) make transitional, transitory or saving provision;

(g) make such other provision as the appropriate authority considers
10appropriate in connection with the giving of the direction.

(7) The duty of a registered childcare provider to which a temporary closure
direction has been given under this paragraph to comply with the direction
is enforceable against that provider by the appropriate authority making an
application to the High Court or the county court for an injunction.

(8) 15An application made under sub-paragraph (7) may be made without notice
being given to the registered childcare provider.

(9) In this paragraph—

  • “appropriate authority” means the Secretary of State (in relation to a
    temporary closure direction given under sub-paragraph (1)) or the
    20Welsh Ministers (in relation to a temporary closure direction given
    under sub-paragraph (2));

  • “childcare”—

    (a)

    in relation to England, has the same meaning as in section 18
    of the Childcare Act 2006;

    (b)

    25in relation to Wales, means anything which amounts to child
    minding or day care for children for the purposes of Part 2 of
    the Children and Families (Wales) Measure 2010 (nawm 1)
    (see section 19(2) to (4) of that Measure);

  • “premises”—

    (a)

    30in relation to a registered childcare provider in England,
    means premises in respect of which that provider is
    registered under Part 3 of the Childcare Act 2006;

    (b)

    in relation to a registered childcare provider in Wales—

    (i)

    if the provider is registered under Part 2 of the
    35Children and Families (Wales) Measure 2010 as a
    child minder, means premises on which child
    minding is provided by the provider (and “child
    minding” is for this purpose to be read in accordance
    with paragraph (b) of the definition of “childcare”
    40above);

    (ii)

    if the provider is registered under Part 2 of that
    Measure as a provider of day care for children, means
    premises on which day care is provided by the
    provider (and “day care” is for this purpose to be read
    45in accordance with paragraph (b) of the definition of
    “childcare” above);

  • “registered childcare provider” means—

    (a)

    in relation to England, a person who provides childcare and
    is registered under Part 3 of the Childcare Act 2006;

    Coronavirus BillPage 144

    (b)

    in relation to Wales, a person who provides childcare and is
    registered under Part 2 of the Children and Families (Wales)
    Measure 2010;

  • “specified” means specified, or falling within a description specified, in
    5a temporary closure direction under this paragraph.

Effect of temporary closure directions on other provisions

3 (1) In relation to a period during which a temporary closure direction under
paragraph 1 has effect in relation to a school—

(a) the duty under section 19(1) of the Education Act 1996 (duty of local
10authorities to arrange for exceptional provision of education) does
not apply to the extent that the potential failure of any child to
receive suitable education is attributable to the direction;

(b) the duties of parents and local authorities in respect of school
attendance orders under sections 437 to 443 of the Education Act
151996 do not apply to the extent that any failure to comply with those
duties is attributable to the direction;

(c) any failure of a child to attend the school is to be disregarded for the
purposes of section 444 of the Education Act 1996 (offence of failing
to secure regular attendance at school of a registered pupil) to the
20extent that the failure is attributable to the direction.

(2) In relation to a period during which a temporary closure direction has effect
in relation to a registered childcare provider—

(a) there is no breach of either of the following duties to the extent that
a failure to satisfy the terms of the duty is attributable to the
25direction—

(i) the duty of a local authority in England under section 7 of the
Childcare Act 2006 (duty to secure early years provision free
of charge in accordance with regulations);

(ii) the duty of the Secretary of State under section 1 of the
30Childcare Act 2016 (duty to secure 30 hours free childcare for
working parents of children in England);

(b) the Chief Inspector must, in exercising functions under Part 3 of the
Childcare Act 2006, take account of the direction in dealing with any
allegation that a registered childcare provider to which the direction
35applies has failed to meet any of the requirements specified under
section 39(1)(a) or (b) of that Act (learning, development and welfare
requirements).

(3) In relation to a period during which a temporary closure direction has effect
under paragraph 2(2)

(a) 40there is no breach of either of the following duties to the extent that
a failure to satisfy the terms of the duty is attributable to the
direction—

(i) the duty of a local authority in Wales under section 118 of the
School Standards and Framework Act 1998 (duty to secure
45sufficient provision of nursery education);

(ii) the duty of the Welsh Ministers under section 1(1) of the
Childcare Funding (Wales) Act 2019 (anaw 1) (duty of Welsh
Ministers to provide funding for childcare of working
parents);

Coronavirus BillPage 145

(b) the Welsh Ministers must, in exercising functions under Part 2 of the
Children and Families (Wales) Measure 2010, take account of the
direction in dealing with any allegation—

(i) which relates to a registered childcare provider to which the
5direction applies, and

(ii) to which regulations under section 30(3) of that Measure
(allegations of failure to meet prescribed childcare standards)
apply.

(4) In this paragraph—

  • 10“the Chief Inspector” means Her Majesty’s Chief Inspector of
    Education, Children’s Services and Skills;

  • “school” has the same meaning as in paragraph 1;

  • “registered childcare provider” has the same meaning as in paragraph
    2.

15Authorisations

4 (1) The Secretary of State may—

(a) authorise a local authority to exercise any of the Secretary of State’s
functions under paragraph 1 or 2 in relation to one or more of the
following—

(i) 20a registered childcare provider in the local authority’s area;

(ii) a school in its area;

(iii) a 16 to 19 Academy, within the meaning of section 1B of the
Academies Act 2010, in its area;

(b) authorise the Office for Students to exercise any of the Secretary of
25State’s functions under paragraph 1 in relation to one or more
registered higher education providers within the meaning of section
3(10)(a) of the Higher Education and Research Act 2017.

(2) The Welsh Ministers may—

(a) authorise a local authority to exercise any of the Welsh Ministers’
30functions under paragraph 1 or 2 in relation to one or more of the
following—

(i) a registered childcare provider in the local authority’s area;

(ii) a school in its area;

(b) authorise the Higher Education Funding Council for Wales to
35exercise any of the Welsh Ministers’ functions under paragraph 1 in
relation to one or more of the following—

(i) an institution within the higher education sector, within the
meaning of section 91(5) of the Further and Higher Education
Act 1992;

(ii) 40a provider of a course of education within the meaning of
Schedule 6 to the Education Reform Act 1988 that is not an
institution within the meaning of sub-paragraph (i).

(3) An authorisation granted under this paragraph may be subject to the
fulfilment of such terms and conditions as are specified in the authorisation.

(4) 45In this paragraph—

(a) in relation to England, “local authority” has the same meaning as in
section 579(1) of the Education Act 1996, and

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(b) in relation to Wales, “local authority” means a county council in
Wales or a county borough council.

Publication, duration and guidance

5 (1) Subject to sub-paragraph (2), the appropriate authority must publish a
5temporary closure direction under paragraph 1 or 2.

(2) Where a direction relates to a person specified by name—

(a) the appropriate authority must give a copy of the direction to that
person, and

(b) the published version of the direction must not identify any
10individual without their consent.

(3) A temporary closure direction under paragraph 1 or 2 has effect until the
earlier of—

(a) the end of the period specified under paragraph 1(3) or 2(3), or

(b) the revocation of the direction by a further direction given by the
15appropriate authority under the same paragraph.

(4) A person to whom a temporary closure direction under paragraph 1 or 2 is
given must have regard to any guidance given by the appropriate authority
about how to comply with a direction given by that authority under that
paragraph.

(5) 20In this paragraph, subject to sub-paragraph (6), “appropriate authority”
means—

(a) the Secretary of State (in relation to a direction given under
paragraph 1(1) or 2(1)),

(b) the Welsh Ministers (in relation to a direction given under paragraph
251(2) or 2(2)).

(6) Where a person gives a direction by virtue of an authorisation under
paragraph 4, “the appropriate authority”—

(a) in sub-paragraphs (1) (2) and (4) means that person, and

(b) in sub-paragraph (3)(b), includes that person.

30Part 2 Scotland

Interpretation

6 In this Part of this Schedule—

  • “the 1980 Act” means the Education (Scotland) Act 1980;

  • 35“the 2005 Act” means the Further and Higher Education (Scotland) Act
    2005 (asp 5);

  • “early learning and childcare” has the meaning given by section 46 of
    the Children and Young People (Scotland) Act 2014 (asp 8);

  • “education” includes early learning and childcare, school education,
    40further education and higher education;

  • “education authority”, “grant-aided school”, “independent school”,
    “public school”, “school” and “school education” have the meanings
    given by section 135(1) of the 1980 Act;

  • Coronavirus BillPage 147

  • “educational establishment” means—

    (a)

    a school;

    (b)

    an education and training establishment approved by the
    Scottish Qualifications Authority under section 2 of the
    5Education (Scotland) Act 1996 as suitable for presenting
    persons for SQA qualifications;

    (c)

    a further education institution;

    (d)

    a higher education institution,

    and is also to be construed in accordance with paragraph 8(6) to (8);

  • 10“enactment” includes an enactment comprised in, or in an instrument
    made under, an Act of the Scottish Parliament;

  • “further education” has the meaning given by section 6 of the Further
    and Higher Education (Scotland) Act 1992;

  • “further education institution” means—

    (a)

    15a body listed under the heading “Institutions formerly
    eligible for funding by the Scottish Further Education
    Funding Council” or under the heading “Other institutions”
    in schedule 2 of the 2005 Act;

    (b)

    a college of further education which is assigned to a regional
    20strategic body by order made under section 7C(1) of the 2005
    Act;

  • “higher education” has the meaning given by section 38 of the Further
    and Higher Education (Scotland) Act 1992;

  • “higher education institution” means—

    (a)

    25a body listed under the heading “Institutions formerly
    eligible for funding by the Scottish Higher Education
    Funding Council” or under the heading “Other institutions”
    in schedule 2 of the 2005 Act;

    (b)

    a person who provides a course of higher education
    30designated by the Scottish Ministers under regulation 4(9) of
    the Education (Student Loans) (Scotland) Regulations 2007
    (S.S.I 2007/154) for the purposes of regulation 3(2) of those
    Regulations;

  • “managers”, in relation to a grant-aided school, has the meaning given
    35by section 135(1) of the 1980 Act;

  • “out of school care” means any form of care provided—

    (a)

    outside school hours;

    (b)

    during school holidays;

    to children who are in attendance at a school;

  • 40“proprietor”, in relation to an independent school, has the meaning
    given by section 135(1) of the 1980 Act.

Duty to have regard to public health advice

7 (1) A relevant authority must have regard to any advice relating to the
incidence or transmission of coronavirus from the Chief Medical Officer of
45the Scottish Administration or such other person as may be designated for
the purposes of this paragraph by the Scottish Ministers.

(2) Before giving a direction under paragraph 8, 10 or 11, the Scottish
Ministers—

(a) must have regard to any such advice, and

Coronavirus BillPage 148

(b) must be satisfied that giving the direction is a necessary and
proportionate action in response to the incidence or transmission of
coronavirus.

(3) In this paragraph—

  • 5“relevant authority” means—

    (a)

    a relevant operator of an educational establishment;

    (b)

    a relevant manager of school boarding accommodation
    (within the meaning given by paragraph 10(5);

    (c)

    a relevant manager of student accommodation (within the
    10meaning given by paragraph 11(5);

  • “relevant operator”, in relation to an educational establishment, is to be
    construed in accordance with paragraph 8(6) to (9).

Closure of schools etc and further and higher education institutions

8 (1) The Scottish Ministers may give a direction under this paragraph (an
15“educational closure direction”) that applies to—

(a) the relevant operator of one or more named educational
establishments in Scotland;

(b) the relevant operators of all educational establishments in Scotland
(or any part of Scotland);

(c) 20the relevant operators of a particular description of educational
establishment in Scotland (or any part of Scotland).

(2) An educational closure direction is a direction that requires a relevant
operator of an educational establishment to take reasonable steps to restrict
access to the establishment for a specified period.

(3) 25An educational closure direction may provide that any failure to comply
with a duty or time limit imposed under any enactment or rule of law
relating to education is to be disregarded to the extent that it would be
attributable to the direction.

(4) A educational closure direction may—

(a) 30require the taking of actions in general terms, or require the taking of
particular actions, that the Scottish Ministers consider reasonable;

(b) make different provision for different purposes (for example, for
different descriptions of people attending an educational
establishment);

(c) 35prohibit access in respect of the whole or a specified part of an
educational establishment or of relevant premises;

(d) prohibit access in respect of the carrying on of all activities or in
respect of the carrying on of specified activities;

(e) be framed by reference to whatever matters the Scottish Ministers
40consider appropriate;

(f) make transitional, transitory or saving provision;

(g) make such other provision as the Scottish Ministers consider
appropriate in connection with the giving of the direction.

(5) In this paragraph—

  • 45“relevant premises”, means any premises (other than residential
    accommodation) which people attend in order to receive services

    Coronavirus BillPage 149

    provided by or on behalf of the relevant operator of an educational
    establishment there (but see also sub-paragraphs (8) and (9));

  • “specified” means specified, or falling within a description specified, in
    a direction under this paragraph.

(6) In this paragraph, “relevant operator”—

(a) 5in relation to a school, means—

(i) where the school is a public school, the education authority
by which it is managed;

(ii) where the school is an independent school, the proprietor;

(iii) where the school is a grant-aided school, the managers,

10(but see also sub-paragraphs (7) and (8));

(b) in relation to a further education institution or a higher education
institution, means the governing body of the institution (within the
meaning of section 35(2) of the 2005 Act).

(7) Where out of school care is provided by a person in a school, “relevant
15operator” also includes such a person.

(8) Where school education, early learning and childcare or out of school care is
provided by a person in premises other than a school—

(a) “relevant operator” also includes such a person, and

(b) references to “educational establishment” in this paragraph are to be
20read as if they were references to such premises.

(9) Where early learning and childcare or out of school care is provided by a
person acting as a child minder (within the meaning of paragraph 12 of
schedule 12 of the Public Services Reform (Scotland) Act 2010) (asp 8) in
premises used mainly as a private dwelling, an educational closure direction
25may only apply to the part of the premises in which such care is provided.

Effect of educational closure direction on other provisions

9 (1) Where an educational closure direction has effect in relation to a school—

(a) any failure by an education authority to discharge any of the duties
under the following sections of the 1980 Act is to be disregarded to
30the extent that the failure is attributable to the direction—

(i) section 1(1) (provision of education);

(ii) section 14 (education for children unable to attend school
etc.);

(iii) section 53(2) (provision of free school lunches);

(b) 35the duty under section 30(1) of the 1980 Act (duty of parents to
provide education for their children) does not apply in respect of a
child who is a pupil at the school but who is, as a result of the
direction, unable to be in regular attendance at the school;

(c) any failure of a child to attend the school is to be disregarded for the
40purposes of section 35 of the 1980 Act (failure of parents to secure
regular attendance of child at school) to the extent that the failure is
attributable to the direction.

(2) Any failure by an education authority to discharge the duty under section
4(1) of the Education (Additional Support for Learning) (Scotland) Act 2004
45(asp 4) (provision for additional support needs) is to be disregarded to the
extent that the failure is attributable to an educational closure direction.

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(3) Any failure by an education authority to discharge the duty under section
47(1) of the Children and Young People (Scotland) Act 2014 (duty to secure
provision of early learning and childcare) is to be disregarded to the extent
that the failure is attributable to an educational closure direction.

(4) 5Where early learning and childcare is provided by a person in premises
other than a school, references to “school” in sub-paragraph (1) are to be read
as if they were references to premises in which such early learning and
childcare is provided.

School boarding accommodation

10 (1) 10The Scottish Ministers may give a direction under this paragraph (a
“boarding accommodation closure direction”) that applies to—

(a) the relevant manager of one or more named school boarding
establishments in Scotland;

(b) the relevant managers of all school boarding establishments in
15Scotland (or any part of Scotland);

(c) the relevant managers of a particular description of school boarding
establishment in Scotland (or any part of Scotland).

(2) A boarding accommodation closure direction is a direction that—

(a) requires a relevant manager of a school boarding establishment to
20take reasonable steps to restrict access to the establishment for a
specified period, or

(b) provides for pupils for whom school boarding accommodation is
provided to be confined in their school boarding accommodation for
a specified period.

(3) 25A boarding accommodation closure direction may provide that any failure
to comply with a duty or time limit imposed under any enactment or rule of
law relating to education is to be disregarded to the extent that it would be
attributable to the direction.

(4) A boarding accommodation closure direction may—

(a) 30require the taking of actions in general terms, or require the taking of
particular actions, that the Scottish Ministers consider reasonable.

(b) make different provision for different purposes (for example, for
different descriptions of people for whom school boarding
accommodation is provided);

(c) 35prohibit access in respect of the whole or a specified part of premises
in which school boarding accommodation is provided;

(d) prohibit access in respect of the carrying on of all activities or in
respect of the carrying on of specified activities;

(e) be framed by reference to whatever matters the Scottish Ministers
40consider appropriate;

(f) make transitional, transitory or saving provision;

(g) make such other provision as the Scottish Ministers consider
appropriate in connection with the giving of the direction.

(5) In this paragraph—

  • 45“pupil” has the meaning given by section 135(1) of the 1980 Act;

  • Coronavirus BillPage 151

  • “relevant manager”, in relation to school boarding accommodation,
    means a person having responsibility for the management of the
    accommodation;

  • “school boarding accommodation”, in relation to a pupil, means
    5residential accommodation provided to the pupil by a school care
    accommodation service (within the meaning of paragraph 3 of
    schedule 12 of the Public Services Reform (Scotland) Act 2010);

  • “school boarding establishment” means a place where school boarding
    accommodation is provided;

  • 10“specified” means specified, or falling within a description specified, in
    a direction under this paragraph.

Student accommodation

11 (1) The Scottish Ministers may give a direction under this paragraph (a “student
accommodation closure direction”) that applies to—

(a) 15the relevant manager of one or more named student accommodation
premises in Scotland;

(b) the relevant managers of all student accommodation premises in
Scotland (or any part of Scotland);

(c) the relevant managers of a particular description of student
20accommodation premises in Scotland (or any part of Scotland).

(2) A student accommodation closure direction is a direction that—

(a) requires a relevant manager of student accommodation premises to
take reasonable steps to restrict access to the premises for a specified
period, or

(b) 25provides for persons for whom student accommodation is provided
to be confined in their student accommodation for a specified period.

(3) A student accommodation closure direction may provide that any failure to
comply with a duty or time limit imposed under any enactment or rule of
law relating to education is to be disregarded to the extent that it would be
30attributable to the direction.

(4) A student accommodation closure direction may—

(a) require the taking of actions in general terms, or require the taking of
particular actions, that the Scottish Ministers consider reasonable;

(b) make different provision for different purposes (for example, for
35different descriptions of people for whom student accommodation is
provided);

(c) prohibit access in respect of the whole or a specified part of student
accommodation premises;

(d) prohibit access in respect of the carrying on of all activities or in
40respect of the carrying on of specified activities;

(e) be framed by reference to whatever matters the Scottish Ministers
consider appropriate;

(f) make transitional, transitory or saving provision;

(g) make such other provision as the Scottish Ministers consider
45appropriate in connection with the giving of the direction.

(5) In this paragraph—

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  • “relevant manager”, in relation to student accommodation, means a
    person having responsibility for the management of the
    accommodation;

  • “specified” means specified, or falling within a description specified, in
    5a direction under this paragraph;

  • “student” means a person who is matriculated at a further education
    institution or a higher education institution;

  • “student accommodation” means residential accommodation which
    has been built or converted solely for the purpose of being provided
    10to students;

  • “student accommodation premises” means a place where student
    accommodation is provided.

Compliance and enforcement

12 (1) A relevant authority must comply with a direction under this Part of this
15Schedule.

(2) A relevant authority must have regard to any guidance given by the Scottish
Ministers about how to comply with a direction under this Part of this
Schedule.

(3) The duty imposed on a relevant authority to comply with a direction under
20this Part of this Schedule is enforceable, on an application made by the
Scottish Ministers, by interdict or (as the case may be) by specific implement.

(4) An application made under sub-paragraph (3) may be made without notice
being given to the relevant authority.

(5) In this paragraph, “relevant authority” has the meaning given by paragraph
257(3).

Publication and duration of directions

13 (1) Subject to sub-paragraph (2), the Scottish Ministers must publish a direction
under this Part of this Schedule.

(2) Where a direction relates to a person specified by name—

(a) 30the Scottish Ministers must give a copy of the direction to that
person, and

(b) the published version of the direction must not identify any
individual without their consent.

(3) A direction under this Part of this Schedule has effect until the earlier of—

(a) 35the end of the period specified in the direction, or

(b) the revocation of the direction by a further direction given by the
Scottish Ministers.

(4) Where a direction under this Part of this Schedule makes provision
mentioned in paragraph 8(3), 10(3) or 11(3), the Scottish Ministers must, so
40long as it remains in effect, review the direction—

(a) before the end of the period of 21 days beginning with the date on
which the date was given; and

(b) before the end of each subsequent period of 21 days.

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Part 3 Northern Ireland

Schools

14 (1) The Department may give a temporary closure direction that applies to—

(a) 5one or more named schools in Northern Ireland;

(b) all schools in Northern Ireland (or any part of Northern Ireland);

(c) schools in Northern Ireland (or any part of Northern Ireland) of a
particular description.

(2) A temporary closure direction under this paragraph is a direction that—

(a) 10requires the managers of the school or schools to which it applies to
take reasonable steps to secure that persons do not, for a specified
period, attend premises of the school for purposes connected with
the school, and

(b) in the case of a direction that applies to a boarding school (whether
15or not it applies also to other schools), provides for pupils for whom
boarding accommodation is provided to be confined in their
boarding accommodation for a specified period.

(3) Before giving a direction under this paragraph, the Department—

(a) must have regard to any advice from the Chief Medical Officer or
20any of the Deputy Chief Medical Officers of the Department of
Health in Northern Ireland relating to the incidence or transmission
of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and
proportionate action in response to the incidence or transmission of
25coronavirus.

(4) A temporary closure direction under this paragraph, may—

(a) require the taking of reasonable steps in general terms, or require the
taking of particular steps that the Department considers reasonable,
in relation to any of the matters mentioned in the following
30paragraphs;

(b) relate to attendance of persons generally, or to attendance by
specified persons;

(c) relate to premises generally, or to specified premises or parts of
premises;

(d) 35relate to attendance for purposes connected with a school generally,
or to attendance for specified purposes;

(e) otherwise make different provision for different purposes, or be
framed by reference to whatever matters the Department considers
appropriate;

(f) 40make transitional, transitory or saving provision;

(g) make such other provision as the Department considers appropriate
in connection with the giving of the direction.

(5) Subject to sub-paragraph (6), the Department must publish a temporary
closure direction under this paragraph.

(6) 45Where a direction relates to a person specified by name—

(a) the Department must give a copy of the direction to that person, and

Coronavirus BillPage 154

(b) the published version of the direction must not identify any
individual without their consent.

(7) A temporary closure direction under this paragraph has effect until the
earlier of—

(a) 5the end of the period specified under sub-paragraph (2), or

(b) the revocation of the direction by a further direction given by the
Department under this paragraph.

(8) The managers of a school to which a temporary closure direction under this
paragraph applies must have regard to any guidance given by the
10Department about how to comply with that direction.

(9) The duty of the managers of a school to comply with a temporary closure
direction under this paragraph is enforceable against those managers by the
Department making an application to the High Court or a county court for
an injunction.

(10) 15An application under sub-paragraph (9) may be made without notice being
given to the managers of the school.

(11) Where a temporary closure direction under this paragraph applies to a
school, there is no breach of the following duties to the extent that a failure
to satisfy the terms of the duty is attributable to the direction—

(a) 20the duty under Article 45(1) of the 1986 Order (duty of parents to
secure full-time education of children of compulsory school age by
attendance at school or otherwise);

(b) the duties under Articles 58 and 59 of the 1986 Order (duties on the
Education Authority, the trustees or Board of Governors of a
25voluntary grammar school and the Board of Governors of a grant-
maintained integrated school to provide milk, meals and related
facilities);

(c) the duty under paragraph 1(4) of Schedule 13 to the 1986 Order (duty
of managers of grant-aided school to admit child in accordance with
30attendance order);

(d) the duty under paragraph 3(1) of Schedule 13 to the 1986 Order (duty
of parent of registered pupil to secure pupil’s regular attendance at
school of registration);

(e) the duty under Article 86 of the Education (Northern Ireland) Order
351998 (S.I 1998/1759 (N.I. 13)) (duty of Education Authority to make
arrangements for exceptional provision of education);

(f) the duties under regulations 14 and 15 of the Primary Schools
(General) Regulations (Northern Ireland) 1973 (S.R. @AMP@amp; O. (N.I.) 1973
No.402) and regulations 11 and 12 of the Secondary Schools (Grant
40Conditions) Regulations (Northern Ireland) 1973 (S.R. @AMP@amp; O. (N.I.)
1973 No.403) (terms and days of operation of school and dates of
school holidays, etc).

(12) For the purposes of Article 45(2) of, and paragraphs 1 and 4 of Schedule 13
to, the 1986 Order, a child cannot be taken to have failed to attend regularly
45at a school where that failure is attributable to a temporary closure direction
under this paragraph.

(13) In this paragraph—

  • “the 1986 Order” means the Education and Libraries (Northern Ireland)
    Order 1986 (S.I. 1986/594 (N.I. 3));

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  • “child”, “managers” and “school” have the meaning given in the 1986
    Order;

  • “the Department” means the Department of Education in Northern
    Ireland;

  • 5“specified” means specified in a temporary closure direction under this
    paragraph, or falling within a description specified in a temporary
    closure direction under this paragraph.

Institutions of further and higher education

15 (1) The Department may give a temporary closure direction that applies to—

(a) 10one or more named relevant institutions in Northern Ireland;

(b) all relevant institutions in Northern Ireland (or any part of Northern
Ireland);

(c) relevant institutions in Northern Ireland (or any part of Northern
Ireland) of a particular description.

(2) 15A temporary closure direction under this paragraph is a direction that
requires the governing body of a relevant institution to which it applies to
take reasonable steps to secure that persons do not, for a specified period,
attend premises of the institution for purposes connected with the
institution.

(3) 20Before giving a direction under this paragraph the Department—

(a) must have regard to any advice from the Chief Medical Officer or
any of the Deputy Chief Medical Officers of the Department of
Health in Northern Ireland relating to the incidence or transmission
of coronavirus, and

(b) 25must be satisfied that giving the direction is a necessary and
proportionate action in response to the incidence or transmission of
coronavirus.

(4) A temporary closure direction under this paragraph may—

(a) require the taking of reasonable steps in general terms, or require the
30taking of particular steps that the Department considers reasonable,
in relation to any of the matters mentioned in the following
paragraphs;

(b) relate to attendance of persons generally, or to attendance by
specified persons;

(c) 35relate to premises generally, or to specified premises or parts of
premises;

(d) relate to attendance for purposes connected with a relevant
institution generally, or to attendance for specified purposes;

(e) otherwise make different provision for different purposes, or be
40framed by reference to whatever matters the Department considers
appropriate;

(f) make transitional, transitory or saving provision;

(g) include such other provision as the Department considers
appropriate in connection with the giving of the direction.

(5) 45Subject to sub-paragraph (6), the Department must publish a temporary
closure direction under this paragraph.

(6) Where a direction relates to a person specified by name—

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(a) the Department must give a copy of the direction to that person, and

(b) the published version of the direction must not identify any
individual without their consent.

(7) A temporary closure direction under this paragraph has effect until the
5earlier of—

(a) the end of the period specified in sub-paragraph (2), or

(b) the revocation of the direction by a further direction given by the
Department under this paragraph.

(8) The governing body of an institution to which a temporary closure direction
10under this paragraph applies must have regard to any guidance given by the
Department about how to comply with that direction.

(9) The duty of a governing body of an institution to comply with a temporary
closure direction under this paragraph is enforceable against that body by
the Department making an application to the High Court or a county court
15for an injunction.

(10) An application under sub-paragraph (9) may be made without notice being
given to the governing body of the institution.

(11) In this paragraph—

  • “the 1993 Order” means the Education and Libraries (Northern Ireland)
    20Order 1993 (S.I. 1993/2810 (N.I.12));

  • “the Department” means the Department for the Economy in Northern
    Ireland;

  • “appropriate person”, in relation to a relevant institution, means—

    (a)

    an individual whose name is provided by the institution to
    25the Department for the purposes of this paragraph;

    (b)

    if no individual is named under paragraph (a)—

    (i)

    in the case of a further education institution or a
    college of education, the principal;

    (ii)

    in the case of a university, the vice-chancellor;

    (iii)

    30in the case of the Open University, the Director;

  • “governing body”, in relation to a higher education institution, has the
    same meaning as in Article 30 of the 1993 Order;

  • “premises”, in relation to a relevant institution, means any premises
    which are regularly attended by persons in order to receive services
    35provided by the institution;

  • “relevant institution” means—

    (a)

    a further education institution recognised by the Department
    under Article 8 of the Further Education (Northern Ireland)
    Order 1997 (S.I. 1997/1772 (N.I.)), or

    (b)

    40a higher education institution within the meaning of Article
    30 of the 1993 Order;

  • “specified” means specified in a temporary closure direction under this
    paragraph, or falling within a description specified in a temporary
    closure direction under this paragraph.

45Childcare providers

16 (1) The Department may give a temporary closure direction that applies to—

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(a) one or more named persons registered under Article 118 of the 1995
Order (child minders and those who provide day care);

(b) all persons registered under that Article in Northern Ireland (or any
part of Northern Ireland);

(c) 5persons registered under that Article of a particular description in
Northern Ireland (or any part of Northern Ireland).

(2) A temporary closure direction under this paragraph is a direction that
requires any person to whom it applies to take reasonable steps to secure
that persons do not, for a specified period, attend the premises with respect
10to which the person is registered, for purposes connected with the provision
of child minding or day care.

(3) Before giving a direction under this paragraph, the Department—

(a) must have regard to any advice from the Chief Medical Officer or
any of the Deputy Chief Medical Officers relating to the incidence or
15transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and
proportionate action in response to the incidence or transmission of
coronavirus.

(4) A temporary closure direction under this paragraph, may—

(a) 20require the taking of reasonable steps in general terms, or require the
taking of particular steps that the Department considers reasonable,
in relation to any of the matters mentioned in the following
paragraphs;

(b) relate to attendance of persons generally, or to attendance by
25specified persons;

(c) relate to premises generally, or to specified premises or parts of
premises;

(d) relate to attendance for purposes connected with the provision of
day care or child minding generally, or to attendance for specified
30purposes;

(e) otherwise make different provision for different purposes, or be
framed by reference to whatever matters the Department considers
appropriate;

(f) make transitional, transitory or saving provision;

(g) 35make such other supplementary provision as the Department
considers appropriate in connection with the giving of the direction.

(5) Subject to sub-paragraph (6), the Department must publish a temporary
closure direction under this paragraph.

(6) Where a direction relates to a person specified by name—

(a) 40the Department must give a copy of the direction to that person, and

(b) the published version of the direction must not identify any
individual without their consent.

(7) A temporary closure direction under this paragraph has effect until the
earlier of—

(a) 45the end of the period specified in sub-paragraph (2), or

(b) the revocation of the direction by a further direction given by the
Department under this paragraph.

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(8) A person registered under Article 118 of the 1995 Order must have regard to
any guidance given by the Department about how to comply with a
temporary closure direction under this paragraph.

(9) The duty of a person registered under Article 118 of the 1995 Order to
5comply with a direction under this paragraph is enforceable against that
person by the Department making an application to the High Court or a
county court for an injunction.

(10) An application under sub-paragraph (9) may be made without notice being
given to the registered person.

(11) 10There is no breach of a duty under the following articles to the extent that a
failure to satisfy the terms of the duty is attributable to a temporary closure
direction under this paragraph—

(a) Article 19(2) or (5) of the 1995 Order (duties to provide care or
supervised activities for children in need);

(b) 15Article 130(4) of the 1995 Order (duty to inspect premises at least
once every year).

(12) In this paragraph—

  • “the 1995 Order” means the Children (Northern Ireland) Order 1995
    (S.I. 1995/755 (N.I. 2));

  • 20“authority”, “child minding” and “day care” have the same meaning as
    in the 1995 Order;

  • “the Department” means the Department of Health in Northern
    Ireland;

  • “specified” means specified in a temporary closure direction under this
    25paragraph, or falling within a description specified in a temporary
    closure direction under this paragraph.

Section 36

SCHEDULE 16 Temporary continuity directions etc: education, training and childcare

Part 1 30England and Wales

Temporary continuity directions: England

1 (1) The Secretary of State may give a temporary continuity direction that
applies to—

(a) one or more named relevant institutions in England;

(b) 35all relevant institutions in England (or any part of England);

(c) relevant institutions in England (or any part of England) of a
particular description.

(2) A temporary continuity direction is a direction under this paragraph that—

(a) is given—

(i) 40to the responsible body in relation to a relevant institution, or

(ii) in the case of a relevant institution without a responsible
body, to the institution, and