Coronavirus Bill (HC Bill 122)

Coronavirus BillPage 19

(6) In this section—

  • “data protection legislation” and “personal data” have the same meanings
    as in the Data Protection Act 2018 (see section 3 of that Act);

  • “government authority” means—

    (a)

    5a Minister of the Crown,

    (b)

    the Scottish Ministers,

    (c)

    the Welsh Ministers,

    (d)

    the First Minister of Northern Ireland, the deputy First Minister
    of Northern Ireland and any Northern Ireland Minister,

    (e)

    10a Northern Ireland department, and

    (f)

    any other person exercising functions on behalf of the Crown.

(7) The provisions of this section bind the Crown.

26 Enforcement of requirement to provide information

(1) This section applies if an appropriate authority which has imposed a
15requirement under section 23 is satisfied on the balance of probabilities that a
person has, without reasonable excuse—

(a) failed to comply with the requirement, or

(b) provided information that is false or misleading to a material extent in
response to the requirement.

(2) 20The authority may impose a financial penalty on the person in accordance with
Schedule 14.

27 Meaning of “food supply chain” and related expressions

(1) This section has effect for the purposes of sections 23 to 26.

(2) A “food supply chain” is a supply chain for providing individuals with items
25of food or drink for personal consumption, where the items consist of or
include, or have been produced to any extent using—

(a) anything grown or otherwise produced in carrying on agriculture, or

(b) anything taken, grown or otherwise produced in carrying on fishing or
aquaculture.

(3) 30The persons “in” a food supply chain are—

(a) the persons carrying on the agriculture, fishing or aquaculture
(“producers”), and

(b) any persons in the supply chain between the producers and the
individuals referred to in subsection (2) (“intermediaries”).

(4) 35The persons “closely connected” with a food supply chain are—

(a) persons supplying seeds, stock, equipment, feed, fertiliser, pesticides
or similar items to producers for use in agriculture, fishing or
aquaculture,

(b) persons providing goods or services to producers or intermediaries,
40where the goods or services relate to—

(i) the safety or quality of food or drink, or

(ii) the welfare of animals, and

(c) bodies representing persons in or closely connected with a food supply
chain by virtue of the preceding provisions of this section.

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(5) In this section—

  • “agriculture” includes any growing of plants, and any keeping of animals,
    for the production of food or drink;

  • “aquaculture” means the breeding, rearing, growing or cultivation of—

    (a)

    5any fish or other aquatic animal,

    (b)

    seaweed or any other aquatic plant, or

    (c)

    any other aquatic organism;

  • “plants” includes fungi;

  • “seeds” includes bulbs and other things from which plants grow.

10Inquests

28 Suspension of requirement to hold inquest with jury: England and Wales

(1) For the purposes of section 7(2)(c) of the Coroners and Justice Act 2009
(requirement for inquest to be held with jury if senior coroner has reason to
suspect death was caused by notifiable disease etc), COVID-19 is not a
15notifiable disease.

(2) This section applies to an inquest that is opened while this section is in force
(regardless of the date of the death).

29 Suspension of requirement to hold inquest with jury: Northern Ireland

(1) For the purposes of section 18(1)(c) of the Coroners Act (Northern Ireland) 1959
20(requirement for inquest to be held with jury if it appears to coroner that death
was caused by notifiable disease), COVID-19 is not a disease that requires
notice to be given.

(2) This section applies to an inquest that is opened while this section is in force
(regardless of the date of the death).

30 25Deaths in custody from natural illness: Northern Ireland

(1) Subsection (2) applies if—

(a) an inquest is required to be held in pursuance of section 39(2) of the
1953 Act (death of a prisoner), and

(b) it appears to the coroner that the death was caused by natural illness.

(2) 30The coroner need not comply with the requirement in section 18(1) of the 1959
Act; and, accordingly, the coroner may proceed to hold or continue to hold the
inquest without a jury.

(3) But if in any case to which subsection (2) applies it appears to the coroner,
either before or in the course of an inquest begun without a jury, that it is
35desirable to summon a jury, the coroner may proceed to cause a jury to be
summoned as if it were being summoned in accordance with section 18(1) of
the 1959 Act.

(4) Section 13(2) of the 1959 Act has effect in relation to an inquest held without a
jury in reliance on subsection (2) as if for the words from “Where more than”
40to “all the deaths so resulting” there were substituted “Where more than one
inquest is required to be held in pursuance of section 39(2) of the 1953 Act and

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it appears to the coroner that all of the deaths were caused by natural illness
and that one inquest ought to be held into them all,”.

(5) In this section—

  • “the 1953 Act” means the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.));

  • “the 1959 Act” means the Coroners Act (Northern Ireland) 1959 (c. 15
    5(N.I.)).

Disclosure: Wales

31 Disapplication etc by Welsh Ministers of DBS provisions

(1) The Welsh Ministers may by notice make provision—

(a) disapplying, for a specified period, a health DBS provision or a social
10care DBS provision;

(b) modifying, for a specified period, a health DBS provision or a social
care DBS provision.

(2) For the purposes of subsection (1) a “health DBS provision” is a provision of
regulations under section 22 of the Care Standards Act 2000 (regulation of
15establishments and agencies) which imposes requirements—

(a) as to the persons who are fit to work at an establishment in Wales or for
the purposes of an agency in Wales, and

(b) which relate to the obtaining in relation to such persons of certificates
or information from the Disclosure and Barring Service.

(3) 20For the purposes of subsection (1) a “social care DBS provision” is a provision
of regulations under section 27 of the Regulation and Inspection of Social Care
(Wales) Act 2016 (regulations about regulated services) which imposes
requirements—

(a) as to the persons who are fit to work in a regulated service, and

(b) 25which relate to the obtaining in relation to such persons of certificates
or information from the Disclosure and Barring Service.

(4) A notice under subsection (1) may limit the disapplication or modification of a
health DBS provision or a social care DBS provision by reference to—

(a) a specified person or description of persons;

(b) 30a specified area;

(c) any other matter.

(5) A notice under subsection (1) must state why the Welsh Ministers consider that
the issuing of the notice is an appropriate and proportionate action in all the
circumstances relating to the incidence or transmission of coronavirus.

(6) 35The specified period in a notice under subsection (1) must not exceed one
month.

(7) The Welsh Ministers may by notice (a “cancellation notice”) cancel a notice
under subsection (1) with effect from the time specified in the cancellation
notice.

(8) 40A cancellation notice may contain transitional or saving provision.

(9) Nothing in subsection (6) or (7) prevents the making of a further notice in
relation to a health DBS provision or a social care DBS provision.

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(10) The Welsh Ministers must—

(a) publish a notice under this section, and

(b) take such other steps as the Welsh Ministers consider reasonable to
bring the notice to the attention of those persons likely to be affected by
5it.

(11) In this section—

  • “the Disclosure and Barring Service” means the Disclosure and Barring
    Service established by section 87(1) of the Protection of Freedoms Act
    2012;

  • 10“specified”, in relation to a notice under subsection (1), means specified in
    the notice.

(12) Expressions used in this section and in the Care Standards Act 2000 or the
Regulation and Inspection of Social Care (Wales) Act 2016 have the same
meaning as in that Act.

15Disclosure: Scotland

32 Temporary disapplication of disclosure offences: Scotland

(1) The Scottish Ministers may issue a direction that disapplies or modifies—

(a) section 35 of the 2007 Act (organisations not to use barred individuals
for regulated work);

(b) 20section 36 of the 2007 Act (personnel suppliers not to supply barred
individuals for regulated work).

(2) In this section and section 33, “the 2007 Act” means the Protection of
Vulnerable Groups (Scotland) Act 2007 (asp 14).

(3) A direction under subsection (1)

(a) 25may be of general application or specify particular persons or
descriptions of persons to whom the direction applies;

(b) may be framed by reference to particular kinds of regulated work with
children or protected adults (within the meaning of section 91 of the
2007 Act);

(c) 30may be framed by reference to any other matters the Scottish Ministers
consider appropriate;

(d) may make different provision for different purposes;

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

(4) 35The Scottish Ministers must publish a direction under subsection (1).

(5) A direction under subsection (1) has effect—

(a) for the period specified in the direction, or

(b) until revoked by a further direction under that subsection.

33 Power to reclassify certain disclosure requests: Scotland

(1) 40Where the Scottish Ministers receive a disclosure request under—

(a) section 52 of the 2007 Act for a scheme record, or

(b) section 53 of the 2007 Act for a short scheme record,

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they may treat it as a disclosure request for a statement of scheme membership
under section 54 of the 2007 Act.

(2) Where the fee for a disclosure request for a statement of scheme membership
is lower than the fee for a disclosure request for a scheme record or for a short
5scheme record, the Scottish Ministers must refund the difference in the fees to
the applicant.

Vaccinations: Scotland

34 Vaccination and immunisation: Scotland

(1) Section 40 (vaccination and immunisation) of the National Health Service
10(Scotland) Act 1978 has effect as if—

(a) for subsection (1) there were substituted—

(1) The Scottish Ministers may make arrangements for the
vaccination or immunisation of persons against any disease.”,
and

(b) 15in subsection (3), for “medical practitioners” there were substituted
“persons”.

(2) Article 4 of the Functions of Health Boards (Scotland) Order 1991 (S.I. 1991/75)
has effect as if for paragraph (g) there were substituted—

(g) the power of the Scottish Ministers under section 40 to make
20arrangements for the vaccination or immunisation of persons
against any disease and to supply vaccines, sera or other
preparations for such vaccination or immunisation;”.

Schools, childcare providers etc

35 Temporary closure of educational institutions and childcare premises

(1) 25Part 1 of Schedule 15 makes provision enabling the Secretary of State and the
Welsh Ministers to give directions for the restriction of attendance at premises
used for the provision of education or childcare.

(2) Part 2 of Schedule 15 makes provision enabling the Scottish Ministers to give
directions to restrict access to schools and other educational premises.

(3) 30Part 3 of Schedule 15 makes provision enabling—

(a) the Department of Education in Northern Ireland to give directions
requiring the temporary closure of schools;

(b) the Department for the Economy in Northern Ireland to give directions
requiring the temporary closure of further and higher education
35institutions;

(c) the Department of Health in Northern Ireland to give directions
requiring the temporary cessation of childcare provision.

36 Temporary continuity: education, training and childcare

(1) Part 1 of Schedule 16 makes provision enabling the Secretary of State and the
40Welsh Ministers—

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(a) to give directions requiring the provision, or continuing provision, of
education, training and childcare;

(b) to give notices disapplying or modifying enactments.

(2) Part 2 of Schedule 16 makes provision enabling the Scottish Ministers to give
5directions requiring the provision, or continuing provision, of education and
childcare.

(3) Part 3 of Schedule 16 makes provision enabling—

(a) the Department of Education in Northern Ireland and the Department
for the Economy in Northern Ireland to give directions requiring the
10provision, or continuing provision, of education;

(b) the Department of Health in Northern Ireland to give directions
requiring the provision, or continuing provision, of childcare;

(c) the Department of Education in Northern Ireland to give notices
disapplying or modifying enactments.

15Statutory sick pay

37 Statutory sick pay: funding of employers’ liabilities

The Social Security Contributions and Benefits Act 1992 has effect as if after section
159A there were inserted—

(1) The Commissioners for Her Majesty’s Revenue and Customs may by
20regulations make provision for the payment by employers of statutory sick pay
in respect of incapacity for work related to coronavirus to be funded by Her
Majesty’s Revenue and Customs to such extent and in such manner as may be
prescribed.

(2) Regulations under subsection (1) may—

(a) 25make provision for a person who has made a payment of statutory sick
pay in respect of an employee whose incapacity for work is related to
coronavirus to be entitled, except in prescribed circumstances, to
recover some or all of that payment;

(b) include provision for a person who has made a payment of statutory
30sick pay in respect of an employee whose incapacity for work is related
to coronavirus to be entitled, except in prescribed circumstances, to
recover an additional amount, determined in such manner as may be
prescribed.

(3) Regulations under subsection (1) may make provision about when an
35employee’s incapacity for work is related to coronavirus.

(4) Regulations under subsection (1) may, in particular, make provision—

(a) for funding in advance as well as in arrear;

(b) for funding, or the recovery of amounts due under provision made by
virtue of subsection (2)(b), by means of deductions from such amounts
40for which employers are accountable to Her Majesty’s Revenue and
Customs as may be prescribed, or otherwise;

(c) for the recovery by Her Majesty’s Revenue and Customs of any sums
overpaid to employers under the regulations.

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(5) Where in accordance with any provision of regulations under subsection (1) an
amount has been deducted from an employer’s contributions payments, the
amount so deducted is (except in such cases as may be prescribed) to be treated
for the purposes of any provision made by or under any enactment in relation
5to primary or secondary Class 1 contributions—

(a) as having been paid (on such date as may be determined in accordance
with the regulations), and

(b) as having been received by Her Majesty’s Revenue and Customs,

towards discharging the employer’s liability in respect of such contributions.

(6) 10Regulations under subsection (1) may make provision—

(a) about the procedure for an employer to make a claim under those
regulations;

(b) about the determination of claims by Her Majesty’s Revenue and
Customs;

(c) 15requiring an employer to keep records in relation to payments of
statutory sick pay in respect of incapacity for work related to
coronavirus.

(7) Regulations under subsection (1) may have retrospective effect in relation to a
day of incapacity for work that falls on or after 13 March 2020.

(8) 20In this section—

  • “contributions payments”, in relation to an employer, means any
    payments which the employer is required, by or under any enactment,
    to make in discharge of any liability in respect of primary or secondary
    Class 1 contributions;

  • 25“coronavirus” means severe acute respiratory syndrome coronavirus 2.

(9) Regulations under subsection (1) must be made with the concurrence of the
Secretary of State.”

38 Statutory sick pay: power to disapply waiting period limitation

(1) The Secretary of State may by regulations make provision disapplying section
30155(1) of the Social Security Contributions and Benefits Act 1992 in relation to
an employee whose incapacity for work is related to coronavirus.

(2) Regulations under subsection (1) may make provision about when an
employee’s incapacity for work is related to coronavirus.

(3) Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992
35applies to regulations made under subsection (1) as if that subsection were
contained in that Act.

(4) Regulations under subsection (1) may have retrospective effect in relation to a
day of incapacity for work that falls on or after 13 March 2020.

(5) In this section “employee” and “incapacity for work” have the same meaning
40as in Part 11 of the Social Security Contributions and Benefits Act 1992.

(6) Regulations under subsection (1) are to be made by statutory instrument.

(7) A statutory instrument containing regulations under subsection (1) is subject
to annulment in pursuance of a resolution of either House of Parliament.

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39 Statutory sick pay: modification of regulation making powers

(1) The Social Security Contributions and Benefits Act 1992 has effect as if in
section 151 (employer’s liability for statutory sick pay), after subsection (4)
there were inserted—

(4A) 5Regulations under subsection (4) may make provision about whether
an employee is deemed to be incapable (as referred to in that
subsection) in relation to severe acute respiratory syndrome
coronavirus 2 by reference to guidance or any other document
published by Public Health England, NHS National Services Scotland,
10the Public Health Wales National Health Service Trust or any other
person specified in the regulations as that guidance or other document
is amended from time to time.”

(2) The Social Security Contributions and Benefits Act 1992 has effect as if in
section 175 (regulations), after subsection (5) there were inserted—

(5A) 15But regulations under—

(a) section 151(4) in relation to severe acute respiratory syndrome
coronavirus 2, or

(b) section 159B,

may provide for a person to exercise a discretion in dealing with any
20matter under those regulations.”

40 Statutory sick pay: funding of employers’ liabilities: Northern Ireland

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 has effect
as if after section 155A there were inserted—

(1) The Commissioners for Her Majesty’s Revenue and Customs may by
25regulations make provision for the payment by employers of statutory sick pay
in respect of incapacity for work related to coronavirus to be funded by Her
Majesty’s Revenue and Customs to such extent and in such manner as may be
prescribed.

(2) Regulations under subsection (1) may—

(a) 30make provision for a person who has made a payment of statutory sick
pay in respect of an employee whose incapacity for work is related to
coronavirus to be entitled, except in prescribed circumstances, to
recover some or all of that payment;

(b) include provision for a person who has made a payment of statutory
35sick pay in respect of an employee whose incapacity for work is related
to coronavirus to be entitled, except in prescribed circumstances, to
recover an additional amount, determined in such manner as may be
prescribed.

(3) Regulations under subsection (1) may make provision about when an
40employee’s incapacity for work is related to coronavirus.

(4) Regulations under subsection (1) may, in particular, make provision—

(a) for funding in advance as well as in arrear;

(b) for funding, or the recovery of amounts due under provision made by
virtue of subsection (2)(b), by means of deductions from such amounts

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for which employers are accountable to Her Majesty’s Revenue and
Customs as may be prescribed, or otherwise;

(c) for the recovery by Her Majesty’s Revenue and Customs of any sums
overpaid to employers under the regulations.

(5) Where in accordance with any provision of regulations under subsection (1) an
5amount has been deducted from an employer’s contributions payments, the
amount so deducted is (except in such cases as may be prescribed) to be treated
for the purposes of any provision made by or under any statutory provision in
relation to primary or secondary Class 1 contributions—

(a) as having been paid (on such date as may be determined in accordance
10with the regulations), and

(b) as having been received by Her Majesty’s Revenue and Customs,

towards discharging the employer’s liability in respect of such contributions.

(6) Regulations under subsection (1) may make provision—

(a) about the procedure for an employer to make a claim under those
15regulations;

(b) about the determination of claims by Her Majesty’s Revenue and
Customs;

(c) requiring an employer to keep records in relation to payments of
statutory sick pay in respect of incapacity for work related to
20coronavirus.

(7) Regulations under subsection (1) may have retrospective effect in relation to a
day of incapacity for work that falls on or after 13 March 2020.

(8) In this section—

  • “contributions payments”, in relation to an employer, means any
    25payments which the employer is required, by or under any statutory
    provision, to make in discharge of any liability in respect of primary or
    secondary Class 1 contributions;

  • “coronavirus” means severe acute respiratory syndrome coronavirus 2;

  • “prescribed” means specified in or determined in accordance with
    30regulations made under subsection (1).

(9) Regulations under subsection (1) must be made with the concurrence of the
Secretary of State.”

41 Statutory sick pay: power to disapply waiting period limitation: Northern
Ireland

(1) 35The Secretary of State may by regulations make provision disapplying section
151(1) of the Social Security Contributions and Benefits (Northern Ireland) Act
1992 in relation to an employee whose incapacity for work is related to
coronavirus.

(2) Regulations under subsection (1) may make provision about when an
40employee’s incapacity for work is related to coronavirus.

(3) Section 171(3) to (5) and (10) of the Social Security Contributions and Benefits
(Northern Ireland) Act 1992 applies to regulations made under subsection (1)
as if that subsection were contained in that Act.

(4) Regulations under subsection (1) may have retrospective effect in relation to a
45day of incapacity for work that falls on or after 13 March 2020.

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(5) In this section “employee” and “incapacity for work” have the same meaning
as in Part 11 of the Social Security Contributions and Benefits (Northern
Ireland) Act 1992.

(6) A statutory instrument containing regulations under subsection (1) is subject
5to annulment in pursuance of a resolution of either House of Parliament.

42 Statutory sick pay: modification of regulation making powers: Northern
Ireland

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 has
effect as if—

(a) 10in section 147 (employer’s liability for statutory sick pay), after
subsection (4) there were inserted—

(4A) Regulations under subsection (4) may make provision about
whether an employee is deemed to be incapable (as referred to
in that subsection) in relation to severe acute respiratory
15syndrome coronavirus 2 by reference to guidance or any other
document published by the Regional Agency for Public Health
and Social Well-being, Public Health England, NHS National
Services Scotland, the Public Health Wales National Health
Service Trust or any other person specified in the regulations as
20that guidance or other document is amended from time to
time.”;

(b) in section 171 (regulations), after subsection (5) there were inserted—

(5A) But regulations under—

(a) section 147(4) in relation to severe acute respiratory
25syndrome coronavirus 2, or

(b) section 155B,

may provide for a person to exercise a discretion in dealing with
any matter under those regulations.”

Pensions

43 30NHS pension schemes: suspension of restrictions on return to work: England
and Wales

(1) The National Health Service Pension Scheme Regulations 1995 (S.I. 1995/300)
have effect as if—

(a) regulation S1 (suspension of pension on return to NHS employment)
35were omitted, and

(b) in the opening words of regulation S2(3) (reduction of pension on
return to NHS employment) the words “or (c)” were omitted.

(2) The National Health Service Pension Regulations 2008 (S.I. 2008/653) have
effect as if the following regulations were omitted—

(a) 40regulation 2.D.6(2)(a) (abatement of pension following increase in
pensionable pay), and

(b) regulation 3.D.6(2)(a) (abatement of pension following increase in
engagement in employment).