Coronavirus Bill (HC Bill 122)

there were inserted—

“102A Enabling the public to see and hear proceedings

(1) If proceedings in a court or statutory tribunal are to be conducted
wholly as video proceedings, whether or not as a result of directions
given by the court or tribunal, the court or tribunal—

(a) 5may direct that the proceedings are to be broadcast (in the
manner specified in the direction) for the purpose of enabling
members of the public to see and hear the proceedings;

(b)
may direct that a recording of the proceedings is to be made
(in the manner specified in the direction) for the purpose of
10enabling the court or tribunal to keep an audio-visual record
of the proceedings.

(2) If proceedings in a court or statutory tribunal are to be conducted
wholly as audio proceedings, whether or not as a result of directions
given by the court or tribunal, the court or tribunal—

(a) 15may direct that the proceedings are to be broadcast (in the
manner specified in the direction) for the purpose of enabling
members of the public to hear the proceedings;

(b) may direct that a recording of the proceedings is to be made
(in the manner specified in the direction) for the purpose of
20enabling the court or tribunal to keep an audio record of the
proceedings.

(3) A direction under this section may relate to the whole, or to part, of
the proceedings concerned.

102B Offences of recording or transmission in relation to broadcasting

(1) 25It is an offence for a person to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image or sound which is being broadcast in accordance with a
direction under section 102A.

(2) 30It is an offence for a person to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image of, or sound made by, another person while the other
person is viewing or listening to a broadcast made in accordance
35with a direction under section 102A.

(3) It is a defence for a person charged with an offence under subsection
(1) or (2) to prove that, at the time of the recording or transmission of
the image or sound concerned, the person—

(a) was not in designated live-streaming premises, and

(b) 40did not know, and could not reasonably have known, that the
image or sound was—

(i) being broadcast in accordance with a direction under
section 102A (in the case of an offence under
subsection (1)), or

(ii)
45an image of, or sound made by, another person while
viewing or listening to a broadcast made in

accordance with a direction under section 102A (in
the case of an offence under subsection (2)).

(4) A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

(5) For the purposes of this section it does not matter whether a person
5making a recording or transmission intends the recording or
transmission, or anything comprised in it, to be seen or heard by any
other person.

(6) For the purposes of this section, a recording or transmission is
“unauthorised” unless it is—

(a) 10authorised by a direction under section 102A,

(b) otherwise authorised (generally or specifically) by the court
or tribunal in which the proceedings concerned are
conducted, or

(c) authorised (generally or specifically) by the Department.

102C 15Offences of recording or transmitting participation through live link

(1) It is an offence for a person to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image or sound which is being transmitted through a live video
20link or transmitted through a live audio link.

(2) It is an offence for a person (“P”) to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image of, or sound made by, any person (whether P or another
25person) while that person is participating in court or tribunal
proceedings through a live video link or live audio link.

(3) It is a defence for a person charged with an offence under subsection
(1) or (2) to prove that, at the time of the recording or transmission,
the person did not know, and could not reasonably have known, that
30the image or sound concerned—

(a) was being transmitted through a live video link or through a
live audio link (in the case of an offence under subsection (1)),
or

(b) was an image of, or sound made by, a person while that
35person was participating in court or tribunal proceedings
through a live video link or live audio link (in the case of an
offence under subsection (2)).

(4) A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

(5) 40For the purposes of this section it does not matter whether a person
making a recording or transmission intends the recording or
transmission, or anything contained in it, to be seen or heard by any
other person.

(6) For the purposes of this section, a recording or transmission is
45“unauthorised” unless it is—

(a) authorised (generally or specifically) by the court or tribunal
in which the proceedings are conducted, or

(b) authorised (generally or specifically) by the Department.

102D Interpretation of Part 9A

(1) 5This section applies for the purposes of this Part.

(2) The following expressions have the meanings given—

• “court” means—

  (a)

  the Court of Appeal,

  (b)

  the High Court,

  (c)

  10the Crown Court,

  (d)

  a county court, or

  (e)

  a magistrates’ court;

• “court or tribunal proceedings” means any proceedings in any
  court or statutory tribunal;

• 15“the Department”—

  (a)

  in relation to a court, means the Department of
  Justice, and

  (b)

  in relation to a statutory tribunal, means a Northern
  Ireland department;

• 20“designated live-streaming premises” means premises that are
  designated by the Department for the purposes of this section
  as premises provided by the Department for the purpose of
  enabling members of the public to see and hear, or hear,
  proceedings that are broadcast in accordance with directions
  25under section 102A;

• “recording” means a recording on any medium—

  (a)

  of a single image, a moving image or any sound, or

  (b)

  from which a single image, a moving image or any
  sound may be produced or reproduced;

• 30“statutory tribunal” means a tribunal (however named or
  described, and including a coroner holding an inquest)
  established by or under a statutory provision, but does not
  include—

  (a)

  a court, or

  (b)

  35any tribunal established by or under a statutory
  provision that could not have been included in an Act
  of the Northern Ireland Assembly made without the
  Secretary of State’s consent;

• “transmission” means any transmission by electronic means of
  40a single image, a moving image or any sound.

(3) A “live video link”, in relation to a person (“P”) taking part in
proceedings, is a live television link or other arrangement which—

(a) enables P to see and hear all other persons taking part in the
proceedings who are not in the same location as P, and

(b) 45enables all other persons taking part in the proceedings who
are not in the same location as P to see and hear P.

(4) Proceedings are conducted wholly as video proceedings if—

(a) directions have been given, whether under paragraph 2 of
Schedule 26 to the Coronavirus Act 2020 or any other power,
for all the persons taking part in the proceedings to do so
through a live video link, and

(b) 5all those persons take part in the proceedings in accordance
with those directions.

(5) A “live audio link”, in relation to a person (“P”) taking part in
proceedings, is a live telephone link or other arrangement which—

(a) enables P to hear all other persons taking part in the
10proceedings who are not in the same location as P, and

(b) enables all other persons taking part in the proceedings who
are not in the same location as P to hear P.

(6) Proceedings are conducted wholly as audio proceedings if—

(a) directions have been given, whether under paragraph 2 of
15Schedule 26 to the Coronavirus Act 2020 or any other power,
for all the persons taking part in the proceedings to do so
through a live audio link, and

(b) all those persons take part in the proceedings in accordance
with those directions.

(7) 20An image or sound—

(a) is transmitted through a live video link if it is transmitted as
part of a person’s participation in court or tribunal
proceedings through a live video link;

(b)
is transmitted through a live audio link if it is transmitted as
25part of a person’s participation in court or tribunal
proceedings through a live audio link.

(8) The extent (if any) to which a person is unable to hear or see by
reason of any impairment of hearing or eyesight is to be disregarded
for the purposes of subsections (3) and (5).”

30Part 3 Availability of live links in certain magistrates’ court proceedings in
Northern Ireland

9 The Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.
26)) has effect as if in Part 7 after Article 76 there were inserted—

“76A 35Availability of live links in certain proceedings

(1) A person may, if the court so directs, take part in eligible magistrates’
court proceedings through—

(a) a live audio link, or

(b) a live video link.

(2) 40“Eligible magistrates’ court proceedings” are—

(a) proceedings on an appeal under paragraph 82 of Schedule 20
to the Coronavirus Act 2020, and

(b) proceedings in relation to an application for a Part 1A order
under Part 1A of the Public Health (Northern Ireland) Act
451967.

(3) A direction under this Article may be given for a district judge
(magistrates’ courts) to take part in the proceedings through a live
audio link or a live video link.

(4) A person who takes part in proceedings in accordance with a
5direction under this Article is to be treated as—

(a) complying with any requirement (however imposed or
expressed) for that person to attend or appear before the
court for the purposes of that participation in those
proceedings, and

(b) 10present in court for the purposes of those proceedings.

(5) Eligible magistrates’ court proceedings that are conducted—

(a) wholly as audio proceedings, or

(b)
wholly as video proceedings,

are to be regarded as taking place at the location where the district
15judge (magistrates’ courts) takes part in the proceedings.

(6) This Article applies whether the person is in the United Kingdom or
elsewhere; and a statement made on oath by a person outside the
United Kingdom and given in evidence through a live audio link or
live video link in accordance with a direction under this Article is to
20be treated for the purposes of Article 3 of the Perjury (Northern
Ireland) Order 1979 as having been made in the proceedings in
which it is given in evidence.

(7) Paragraphs (8) to (13) apply for the purposes of this Article.

(8) A reference to a person taking part in proceedings includes—

(a) 25giving evidence in the proceedings, and

(b) attending the proceedings when not giving evidence.

(9) A “live audio link”, in relation to a person (P) taking part in
proceedings, is a live telephone link or other arrangement which—

(a) enables P to hear all other persons taking part in the
30proceedings who are not in the same location as P, and

(b) enables all other persons taking part in the proceedings who
are not in the same location as P to hear P.

(10) Proceedings are conducted wholly as audio proceedings if—

(a) directions have been given under this Article for all the
35persons taking part in the proceedings to do so through a live
audio link, and

(b) all those persons take part in the proceedings in accordance
with those directions.

(11) A “live video link”, in relation to a person (P) taking part in
40proceedings, is a live television link or other arrangement which—

(a) enables P to see and hear all other persons taking part in the
proceedings who are not in the same location as P, and

(b) enables all other persons taking part in the proceedings who
are not in the same location as P to see and hear P.

(12) 45Proceedings are conducted wholly as video proceedings if—

(a) directions have been given under this Article for all the
persons taking part in the proceedings to do so through a live
video link, and

(b) all those persons take part in the proceedings in accordance
5with those directions.

(13)
A reference to the persons taking part in proceedings includes—

(a) the applicant;

(b)
any person who, in relation to the proceedings, is within
Article 76(3)(a);

(c) 10the district judge (magistrates’ courts);

(d) any witness in the proceedings;

(e) any legal representatives acting in the proceedings;

(f) any interpreter or other person appointed by the court to
assist in the proceedings;

(g) 15the clerk of the court;

(h) representatives of the press.

(14) The extent (if any) to which a person is unable to hear or see by
reason of any impairment of hearing or eyesight is to be disregarded
for the purposes of paragraphs (9) and (11).”

Section 56

20SCHEDULE 27 Transportation, storage and disposal of dead bodies etc

Part 1 Information about capacity

1 (1) A local authority may require a person to provide information for the
25purposes of ascertaining the capacity within its area to deal with the
transportation, storage or disposal of dead bodies or other human remains.

(2) A requirement under sub-paragraph (1) must be in writing and must
specify—

(a) whether the information is to be provided to the local authority or to
30some other specified person,

(b) how the information is to be provided (and may in particular specify
the form in which and means by which it is to be provided), and

(c) when the information is to be provided (and may in particular specify the time or times at or before which it is to be provided).

(3) It is an offence for a person—

(a) 35to fail, without reasonable excuse, to comply with a requirement
under sub-paragraph (1);

(b) knowingly or recklessly to give false information in response to a
requirement under sub-paragraph (1).

(4) A local authority or other person who holds information which has at any
40time been provided under sub-paragraph (1)—

(a) may use it if, and only if, the use is for the purpose mentioned in that
sub-paragraph;

(b) may disclose it to another person if, and only if, the disclosure is
either for the purpose mentioned in that sub-paragraph or for the
5purpose of complying with any enactment.

(5) It is an offence for a person who holds information which has at any time
been provided under sub-paragraph (1) to use or disclose it otherwise than
as authorised by sub-paragraph (4).

(6) A person guilty of an offence under this paragraph is liable on summary
10conviction—

(a) in England and Wales, to a fine;

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on
the standard scale.

2 (1) The appropriate national authority may require a local authority to provide
15information for the purposes of ascertaining the capacity nationally, or
within a particular area, to deal with the transportation, storage or disposal
of dead bodies or other human remains.

(2) A requirement under sub-paragraph (1) must be in writing and must
specify—

(a) 20whether the information is to be provided to the appropriate
national authority or to some other specified person,

(b) how the information is to be provided (and may in particular specify
the form in which and means by which it is to be provided), and

(c) when the information is to be provided (and may in particular specify the time or times at or before which it is to be provided).

(3) 25A local authority must comply with a requirement under sub-paragraph (1).

(4) The appropriate national authority or any other person who holds
information which has at any time been provided under sub-paragraph
(1)—

(a) may use it if, and only if, the use is for the purpose mentioned in that
30sub-paragraph;

(b) may disclose it to another person if, and only if, the disclosure is for
the purpose mentioned in that sub-paragraph or for the purpose of
complying with any enactment.

(5) It is an offence for a person who holds information which has at any time
35been provided under sub-paragraph (1) to use or disclose it otherwise than
as authorised by sub-paragraph (4).

(6) A person guilty of an offence under this paragraph is liable on summary
conviction—

(a) in England and Wales, to a fine;

(b) 40in Scotland and Northern Ireland, to a fine not exceeding level 5 on
the standard scale.

3 (1) A duty or power to disclose information under this Part of this Schedule
does not operate to require or authorise the disclosure of information
which—

(a) would contravene the data protection legislation (but the duty or
power is to be taken into account in determining whether the
disclosure or use would contravene that legislation);

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
5Investigatory Powers Act 2016.

(2) In this paragraph “the data protection legislation” has the same meaning as
in the Data Protection Act 2018 (see section 3 of that Act).

Part 2 Directions and other measures to address lack of capacity

10Designation where there is insufficient capacity to deal with dead bodies etc

4 (1) The appropriate national authority may designate a local authority for the
purposes of this Part of this Schedule if of the view that—

(a) as a result of coronavirus disease there is, or is likely to be,
insufficient capacity within the area of that local authority to
15transport, store or dispose of dead bodies or other human remains,
and

(b) the powers conferred by this Part of this Schedule are likely to be an
effective means of addressing that lack of capacity.

(2) If, having made a designation under this paragraph, the appropriate
20national authority ceases to be of the view mentioned in sub-paragraph (1),
the appropriate national authority must revoke the designation (but this
does not limit the future exercise of the power in sub-paragraph (1) in
relation to the same local authority).

(3) If a mayoral combined authority is designated under sub-paragraph (1), the
25designation may make provision for its functions under this Part of this
Schedule to be exercisable only by the mayor.

(4) A designation or revocation under this paragraph—

(a) takes effect when published online, and

(b) must, as soon as reasonably practicable after it is made, also be
30published in the appropriate Gazette.

(5) In sub-paragraph (4)(b) “the appropriate Gazette” means—

(a) where the designation or revocation relates to a local authority in
England or Wales, the London Gazette;

(b) where the designation or revocation relates to a local authority in
35Scotland, the Edinburgh Gazette;

(c) where the designation or revocation relates to a local authority in
Northern Ireland, the Belfast Gazette.

(6) In this Part of this Schedule “designated local authority” means a local
authority for the time being designated under this paragraph.

40Disapplication of legislation relating to deceased’s wishes

5 The following do not apply to a designated local authority—

(a) section 46(3) of the Public Health (Control of Disease) Act 1984 (local
authority not to cause body to be cremated under that section
contrary to the wishes of the deceased);

(b) in section 25(5) of the Welfare Services Act (Northern Ireland) 1971,
the words from “and a body” to the end (corresponding provision for
Northern Ireland);

(c) regulation 6 of the Cremation (Belfast) Regulations (Northern
5Ireland) 1961 ((S.R. @AMP@amp; O. (N.I.) 1961 No. 61) (similar provision for
Belfast crematorium).

Directions to do things calculated to facilitate dealing with dead bodies etc

6 (1) A designated local authority may give a direction requiring a person to do
anything calculated to facilitate the transportation, storage or disposal of
10dead bodies or other human remains in the local authority’s area or from its
area.

(2) The appropriate national authority may give a direction requiring a person
to do anything calculated to facilitate the transportation, storage or disposal
of dead bodies or other human remains if—

(a) 15one or more local authorities are designated under paragraph 4, and

(b) the appropriate national authority considers that, in respect of any
matter, a regional or national response is appropriate, instead of
leaving it to individual local authorities to give directions under sub-
paragraph (1).

(3) 20A direction under this paragraph may, in particular—

(a) require a person to provide services;

(b) require a person to provide facilities, premises, vehicles, equipment
or anything else within the person’s possession or under the
person’s control;

(c) 25require a person to exercise any right they have to require others to
do things (including things within other paragraphs of this sub-
paragraph);

(d) direct whether a dead body or other human remains must be buried
by the person or cremated by the person;

(e) 30make provision about how or where a person is to bury or cremate a
dead body or other human remains;

(f) in the case of a direction by a local authority, require a person to do
things outside the local authority’s area;

(g) make provision about how or when things are to be done in
35accordance with the direction;

(h) make provision about the supervision of anything required to be
done in accordance with the direction;

(i) require a person to provide information about things done in
response to a direction.

(4) 40A direction may require a person to do things even if they would involve the
person breaching a contract or incurring other liabilities (but the right of any
other person to claim damages for such a breach or to enforce such a liability
is not affected by the direction).

(5) A direction under this paragraph may not be given to—

(a) 45an individual, or

(b) a public authority.

(6) In exercising its functions under this paragraph a designated local authority
or the appropriate national authority must have regard to the effect that any
direction is likely to have on the ability of any person to carry on their
normal business.

(7) 5Designated local authorities and the appropriate national authority must
keep such records relating to directions under this paragraph for such time
as they consider appropriate.

(8) A person commits an offence if the person fails without reasonable excuse to
comply with a direction under this paragraph.

(9) 10A person guilty of an offence under this paragraph is liable on summary
conviction—

(a) in England and Wales, to a fine;

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on
the standard scale.

(10) 15A direction under sub-paragraph (1) lapses on the revocation of the
designation under paragraph 4 of the local authority that gave the direction.

(11) A direction under sub-paragraph (2) lapses if there are no designated local
authorities.

Power of ministers etc to step in

7 20If the appropriate national authority considers that a designated local
authority is failing to exercise its powers under paragraph 6(1) properly, it
may give any direction under paragraph 6(1) that could have been given by
the designated local authority (and paragraph 6 applies with any necessary
modifications).

25Appropriate national authority directions to prevail

8 If there is a conflict between—

(a) a direction given by a designated local authority under paragraph
6(1), and

(b) a direction given by the appropriate national authority under para
306(2) or in reliance on paragraph 7,

the direction given by the local authority is of no effect to the extent of that
conflict.

Compensation where directions given

9 (1) The appropriate national authority must publish a scheme for the making of
35payments to persons to whom directions are given under paragraph 6.

(2) The scheme must include provision for a person to whom a direction is given under
paragraph 6 to be paid—

(a) a reasonable sum in respect of anything provided by the person in
accordance with the direction, and

(b) 40compensation in respect of—

(i) any losses,

(ii) any liabilities to pay damages for breach of contract, or

(iii) any other liabilties,