Coronavirus Bill (HC Bill 122)

(3) The National Health Service Pension Regulations 2015 (S.I. 2015/94) have
effect as if regulation 86(3) (abatement of pension following continuation of
employment) were omitted.

44 NHS pension schemes: suspension of restrictions on return to work: Scotland

(1) 5The National Health Service Superannuation Scheme (Scotland) Regulations
2011 (S.S.I. 2011/117) have effect as if—

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

(b) in the opening words of regulation S2(4) (reduction of pension on
10return to NHS employment) the words “or (c)” were omitted.

(2) The National Health Service Superannuation Scheme (2008 Section) (Scotland)
Regulations 2013 (S.S.I. 2013/174) have effect as if the following regulations
were omitted—

(a) regulation 2.D.6(2)(a) (abatement of pension following increase in
15pensionable pay), and

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

(3) The National Health Service Pension Scheme (Scotland) Regulations 2015
(S.S.I. 2015/94) have effect as if regulation 85(3) (abatement of pension
20following continuation of employment) were omitted.

45 Health and social care pension schemes: suspension of restrictions on return
to work: Northern Ireland

(1) The Health and Personal Social Services (Superannuation) Regulations
(Northern Ireland) 1995 (S.R. (N.I.) 1995 No.95) have effect as if—

(a) 25regulation 84 (suspension of pension on return to HPSS employment)
were omitted, and

(b) in the opening words of regulation 85(3) (reduction of pension on
return to HPSS employment) the words “or (c)” were omitted.

(2) The Health and Social Care (Pension Scheme) Regulations (Northern Ireland)
302008 (S.R. (N.I.) 2008 No.256) have effect as if the following regulations were
omitted—

(a) regulation 50(2)(a) (abatement of pension following increase in
pensionable pay), and

(b) regulation 181(2)(a) (abatement of pension following increase in
35engagement in employment).

(3) The Health and Social Care Pension Scheme Regulations (Northern Ireland)
2015 (S.R. (N.I.) 2015 No.120) have effect as if regulation 85(3) (abatement of
pension following continuation of employment) were omitted.

Protection of public health

46 40Powers to act for the protection of public health: Northern Ireland

Schedule 17 contains temporary modifications of the Public Health Act
(Northern Ireland) 1967.

47 Health protection regulations: Scotland

Schedule 18 contains provision enabling the Scottish Ministers to make
regulations for the purpose of preventing, protecting against, controlling or
providing a public health response to the incidence or spread of infection or
5contamination in Scotland (whether from risks originating there or elsewhere).

Powers to direct suspension of port operations

48 Power to suspend port operations

Schedule 19 confers power on the Secretary of State in relation to the
suspension of port operations.

10Powers relating to potentially infectious persons

49 Powers relating to potentially infectious persons

Schedule 20 confers powers relating to potentially infectious persons and
makes related provision.
.

15Powers relating to events, gatherings and premises

50 Powers to issue directions relating to events, gatherings and premises

Schedule 21 confers powers to issue directions in relation to events, gatherings
and premises.

Courts and tribunals: use of video and audio technology

51 20Expansion of availability of live links in criminal proceedings

Schedule 22 contains temporary modifications of—

(a) the Criminal Justice Act 2003,

(b) the Criminal Appeal Act 1968, and

(c) the Criminal Justice Act 1988.

52 25Expansion of availability of live links in other criminal hearings

Schedule 23 contains temporary modifications of—

(a) the Crime and Disorder Act 1998,

(b) the Police and Criminal Evidence Act 1984,

(c) the Prosecution of Offences Act 1985, and

(d) 30the Serious Organised Crime and Police Act 2005.

53 Public participation in proceedings conducted by video or audio

Schedule 24 contains temporary modifications of—

(a) the Courts Act 2003, and

(b) the Tribunals, Courts and Enforcement Act 2007.

54 Live links in magistrates’ court appeals against requirements or restrictions
imposed on a potentially infectious person

Schedule 25 contains temporary modifications of the Magistrates’ Courts Act
51980.

55 Use of live links in legal proceedings: Northern Ireland

Schedule 26 makes provision for, and in connection with, the use of live links
in proceedings in courts and tribunals in Northern Ireland.

Powers in relation to bodies

56 10Powers in relation to transportation, storage and disposal of dead bodies etc

Schedule 27 confers powers to facilitate the transportation, storage and
disposal of dead bodies and human remains.

Postponement of elections, referendums, recall petitions and canvass

57 Postponement of elections due to be held on 7 May 2020

15Local government

(1) The poll for the ordinary election of councillors for any local government area
in England that would otherwise be held on the ordinary day of election in
2020 is to be held instead on the ordinary day of election in 2021.

(2) A councillor who would otherwise, pursuant to section 7 or 16 of the Local
20Government Act 1972 (elections of councillors), retire on the fourth day after
the ordinary day of election in 2020 is instead to retire on the fourth day after
the ordinary day of election in 2021; and the councillor’s term of office is
extended accordingly.

(3) A councillor who—

(a) 25is returned at an election the poll for which is held on the ordinary day
of election in 2021, and

(b) fills a vacancy arising as a result of the expiry of a term of office
extended under subsection (2),

is (notwithstanding section 7 or 16 of the Local Government Act 1972) to retire
30on the fourth day after the ordinary day of election in 2024; and the councillor’s
term of office is reduced accordingly.

(4) In determining under section 7(3) or (9)(c) of the Local Government Act 1972
which councillors are to retire in accordance with that provision on the fourth
day after the ordinary day of election in 2021, councillors who retire in
35accordance with subsection (2) of this section are to be ignored.

(5) In subsections (1) to (4)—

(a) “local government area” has the same meaning as in the Representation
of the People Act 1983 (see section 203(1) of that Act);

(b) a reference to the ordinary day of election in a year is to the ordinary
day of election of councillors in that year determined under section 37
of that Act (ordinary day of local elections in England).

The Mayor of London and the London Assembly

(6) 5The poll for the ordinary election that would otherwise, pursuant to section
3(2) of the Greater London Authority Act 1999 (time of ordinary election for the
Mayor of London and the London Assembly), be held on 7 May 2020 is to be
held instead on 6 May 2021.

(7) The postponement of that ordinary election is to be ignored in determining the
10years in which subsequent ordinary elections are to be held.

Elected mayors of local authorities

(8) The poll for the election of any elected mayor that would otherwise, pursuant
to regulations under section 9HB of the Local Government Act 2000 (time of
elections etc), be held on 7 May 2020 is to be held instead on 6 May 2021.

(9) 15The postponement under subsection (8) of an election is to be ignored in
determining the years in which subsequent elections of elected mayors are to
be held.

Elected mayors of combined authorities

(10) The poll for the election of any mayor that would otherwise, pursuant to an
20order under Schedule 5B to the Local Democracy, Economic Development and
Construction Act 2009, be held on 7 May 2020 is to be held instead on 6 May
2021.

(11) The postponement under subsection (10) of an election is to be ignored in
determining the years in which subsequent elections of mayors are to be held.

25Police and crime commissioners

(12) The ordinary election that would otherwise, pursuant to section 50(1) of the
Police Reform and Social Responsibility Act 2011 (ordinary election of police
and crime commissioners), be held in 2020 is to be held instead in 2021.

(13) The postponement of that ordinary election is to be ignored in determining the
30years in which subsequent ordinary elections are to be held.

58 Power to postpone certain other elections and referendums

(1) The Secretary of State or the Minister for the Cabinet Office may, by regulations
made by statutory instrument, provide—

(a) that the poll for a relevant election or a relevant referendum is to be
35held on such date, or within such period, as is specified in the
regulations;

(b) that polls for relevant elections or relevant referendums that would
otherwise be required to be held on dates that fall within a period
specified in the regulations are instead to be held on such later date, or
40within such period, as is specified in the regulations.

(2) For the purposes of this section an election or referendum is “relevant” if—

(a) the date of the poll for the election or the referendum falls within the
period beginning with the day on which this Act is passed and ending
with 5 May 2021, and

(b) subsection (3) or (4) applies to it.

(3) 5This subsection applies to—

(a) an election of a councillor for any local government area in England to
fill a casual vacancy;

(b) a local election in Northern Ireland to fill a casual vacancy;

(c) an election to fill a casual vacancy in respect of a constituency member
10of the Greater London Assembly;

(d) an election to fill a vacancy in the office of the Mayor of London;

(e) an election to fill a casual vacancy in the office of an elected mayor
under Part 1A of the Local Government Act 2000;

(f) an election to fill a vacancy in the office of a mayor for the area of a
15combined authority under Part 6 of the Local Democracy, Economic
Development and Construction Act 2009;

(g) an election to fill a vacancy in the office of a police and crime
commissioner for a police area.

(4) This subsection applies to—

(a) 20a poll under section 116 of the Local Government Act 2003 (local polls);

(b) a referendum under section 9MB of the Local Government Act 2000
(referendums on governance arrangements);

(c) a referendum by virtue of section 9MC of the Local Government Act
2000 (referendums following petition);

(d) 25a referendum under section 52ZG or 52ZN of the Local Government
Finance Act 1992 (referendums in relation to council tax);

(e) a referendum under or by virtue of Schedule 4B to the Town and
Country Planning Act 1990 (referendums on neighbourhood
development plans).

(5) 30Regulations under subsection (1) must not specify—

(a) a date later than 6 May 2021, or

(b) a period ending later than 6 May 2021.

(6) The power to make regulations under subsection (1) may be exercised more
than once in respect of any relevant election or relevant referendum.

(7) 35Regulations under subsection (1) may make provision by reference to relevant
elections or relevant referendums of a description specified in the regulations
(for example, by reference to the nature, date or location of the elections or
referendums).

(8) The power to make regulations under subsection (1) is capable of being
40exercised so as to amend, repeal or revoke any enactment.

In this subsection “enactment” has the same meaning as in section 78.

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

(10) In this section—

• 45“local election” has the same meaning as in the Electoral Law Act
  (Northern Ireland) 1962 (see section 130(1) of that Act);

Coronavirus BillPage 34

• “local government area” has the same meaning as in the Representation of
  the People Act 1983 (see section 203(1) of that Act).

59 Power to postpone a recall petition under the Recall of MPs Act 2015

(1) In relation to a Speaker’s notice received by a petition officer in the period
5beginning with the day on which this Act is passed and ending with 21 April
2021, section 7 of the 2015 Act (where and from when a recall petition may be
signed) has effect as if for subsection (4) there were substituted—

“(4) The petition officer must designate under subsection (1)(b)—

(a) a working day that falls no later than 6 May 2021, or

(b) 10if it is not reasonably practicable to designate such a day, the
first subsequent working day that it is reasonably practicable to
designate.”

(2) The Secretary of State or the Minister for the Cabinet Office may, by regulations
made by statutory instrument, provide that the designated day for a relevant
15recall petition is postponed until a date specified in the regulations.

(3) For the purposes of this section a recall petition is “relevant” if the day
designated in relation to it under section 7(1)(b) of the 2015 Act (date from
which petition may be signed) falls within the period beginning with the day
on which this Act is passed and ending with 5 May 2021.

(4) 20The date specified in regulations under subsection (2) must be no later than 6
May 2021.

(5) The power to make regulations under subsection (2) may be exercised more
than once in respect of any relevant recall petition.

(6) A statutory instrument containing regulations under subsection (2) is subject
25to annulment in pursuance of a resolution of either House of Parliament.

(7) In this section—

• “the 2015 Act” means the Recall of MPs Act 2015;

• “the designated day” has the same meaning as in the 2015 Act (see section
  7(5) of that Act);

• 30“petition officer” has the same meaning as in the 2015 Act (see section 6(2)
  of that Act);

• “recall petition” has the same meaning as in the 2015 Act (see section 1(2)
  of that Act);

• “Speaker’s notice” has the same meaning as in the 2015 Act (see section
  355(7) of that Act).

60 Power to make supplementary etc provision

(1) The Secretary of State or the Minister for the Cabinet Office may, by regulations
made by statutory instrument, make consequential, supplementary,
incidental, transitional or saving provision in connection with sections 57 to 59
40or regulations made under them.

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

(a) things done in connection with an election, referendum or recall
petition prior to its postponement (including the validity or otherwise
of those things);

(b) things that have yet to be done in connection with an election,
referendum or recall petition prior to its postponement;

(c) the conduct of elections, referendums or recall petitions that have been
postponed or steps to be taken in respect of such elections, referendums
5or recall petitions;

(d) the manner of voting in elections or referendums, or of signing of recall
petitions, that have been postponed;

(e) the terms of office of incumbent office holders or those elected at a
postponed election;

(f) 10the nomination of candidates;

(g) expenses incurred in relation to elections or referendums by persons
other than local authorities (including the expenses of candidates);

(h) compensation for local authorities or candidates incurring additional
expenditure as a result of the Act.

(3) 15Regulations under subsection (1) may make retrospective provision.

(4) The power to make regulations under subsection (1) is capable of being
exercised so as to amend, repeal or revoke any enactment.

In this subsection “enactment” has the same meaning as in section 78.

(5) A statutory instrument containing regulations under subsection (1) is subject
20to annulment in pursuance of a resolution of either House of Parliament.

61 Northern Ireland: timing of canvass and Assembly by-elections

(1) Section 10ZA of the Representation of the People Act 1983 (Northern Ireland:
timing of the canvass) is amended in accordance with subsections (2) and (3).

(2) In subsection (1)—

(a) 25after paragraph (a) insert—

“(aa) the year 2021;

(ab) the year 2030;”;

(b) in paragraph (b), for “2010” substitute “2030”.

(3) In subsection (4)—

(a) 30omit paragraph (b) (including the “and” at the end);

(b) after paragraph (c) insert—

“(d) 2021,

(e) 2030, and

(f) every tenth year following 2030.”

(4) 35Subsection (5) applies if, at any time during the relevant period, Article 7(2) of
the 2001 Order requires the Chief Electoral Officer for Northern Ireland to set
a date as the date of the poll for an Assembly by-election.

(5) Before setting the date, the Chief Electoral Officer must consult the Secretary of
State.

(6) 40In subsection (4)—

• “the relevant period” means the period beginning with the date on which
  this Act is passed and ending with 1 February 2021;

• “the 2001 Order” means the Northern Ireland Assembly (Elections) Order
  2001 (S.I. 2001/2599).

Postponement of elections: Wales

62 Postponement of National Assembly for Wales elections for constituency
vacancies

(1) This section applies where under section 10 of the Government of Wales Act
52006 (“the 2006 Act”), an election is to be held to fill a vacant seat of a
constituency member (“the election”).

(2) The Presiding Officer may, where a date has been fixed for the poll for the
election, fix a later date (which may be outwith the period required under
section 10(5) or (6) of the 2006 Act).

(3) 10The Presiding Officer must fix a date under subsection (2) for the poll for the
election to be held as soon as reasonably practicable.

(4) The power under subsection (2)—

(a) may be exercised more than once,

(b) may not be exercised so as to fix a date for the poll for the election that
15is within the period mentioned in 10(7) of the 2006 Act, and

(c) may not be exercised so as to fix a date after 6 May 2021.

(5) Before exercising the power under subsection (2), the Presiding Officer must
consult the Welsh Ministers.

63 Power to postpone local authority elections in Wales for casual vacancies

(1) 20The Welsh Ministers may, by regulations made by statutory instrument,
provide—

(a) that the poll for a relevant election is to be held on such date, or within
such period, as is specified in the regulations;

(b) that polls for relevant elections that would otherwise be required to be
25held on dates that fall within a period specified in the regulations are
instead to be held on such later date, or within such period, as is
specified in the regulations.

(2) For the purposes of this section an election is “relevant” if—

(a) the date of the poll for the election falls within the period beginning
30with the day on which this Act is passed and ending with 5 May 2021,
and

(b) it is an election to fill a casual vacancy in the office of councillor in a
county council, county borough council or community council in
Wales.

(3) 35Regulations under subsection (1) must not specify—

(a) a date later than 6 May 2021, or

(b) a period ending later than 6 May 2021.

(4) The power to make regulations under subsection (1) may be exercised more
than once in respect of any relevant election.

(5) 40Regulations under subsection (1) may make provision by reference to relevant
elections of a description specified in the regulations (for example, by reference
to the nature, date or location of the elections).

(6) The power to make regulations under subsection (1) is capable of being
exercised so as to amend or repeal a provision of an Act of Parliament or of an
Act or Measure of the National Assembly for Wales.

(7) A statutory instrument containing regulations under subsection (1) is subject
5to annulment in pursuance of a resolution of the National Assembly for Wales.

64 Power to make supplementary etc provision

(1) The Welsh Ministers may, by regulations made by statutory instrument, make
consequential, supplementary, incidental, transitional or saving provision in
connection with section 62 or regulations made under section 63.

(2) 10Regulations under subsection (1) may, in particular, make provision about—

(a) things done in connection with an election prior to its postponement
(including the validity or otherwise of those things);

(b) things that have yet to be done in connection with an election prior to
its postponement;

(c) 15the conduct of elections that have been postponed or steps to be taken
in respect of such elections;

(d) the manner of voting in elections that have been postponed;

(e) the terms of office of incumbent office holders or those elected at a
postponed election;

(f) 20the nomination of candidates;

(g) expenses incurred in relation to elections by persons other than local
authorities (including the expenses of candidates);

(h) compensation for local authorities or candidates incurring additional
expenditure as a result of the Act.

(3) 25Regulations under subsection (1) may make retrospective provision.

(4) The power to make regulations under subsection (1) is capable of being
exercised so as to amend or repeal a provision of an Act of Parliament or of an
Act or Measure of the National Assembly for Wales.

(5) A statutory instrument containing regulations under subsection (1) is subject
30to annulment in pursuance of a resolution of the National Assembly for Wales.

Postponement of elections: Scotland

65 Postponement of Scottish Parliament elections for constituency vacancies

(1) This section applies where under section 9 of the Scotland Act 1998 (“the 1998
Act”), an election is to be held to fill a vacant seat of a constituency member
35(“the election”).

(2) The Presiding Officer may—

(a) where a date has been fixed for the poll for the election, fix a later date
(which may be outwith the period required under section 9(3) of the
1998 Act), or

(b) 40where no such date has been fixed, fix a date for the poll that is outwith
that period.

(3) The Presiding Officer must fix a date under subsection (2) for the poll at the
election to be held as soon as reasonably practicable.

(4) The Presiding Officer must notify the constituency returning officer for the
election of the date fixed for the poll under subsection (2) in the same manner
as if it had been fixed under section 9 of the 1998 Act.

(5) The power under subsection (2)—

(a) 5may be exercised more than once,

(b) may not be exercised so as to fix a date for the poll at the election that is
within the period mentioned in section 9(4) of the 1998 Act, and

(c) may not be exercised so as to fix a date after 6 May 2021.

(6) Before exercising the power under subsection (2), the Presiding Officer must
10consult—

(a) the Scottish Ministers, and

(b) the convener of the Electoral Management Board for Scotland.

(7) Subsection (8) applies where—

(a) notice of the date for the poll for the election has been published under
15Part 1 of Schedule 2 to the Scottish Parliament (Elections etc.) Order
2015 (S.S.I. 2015/425) (“the 2015 Order”), and

(b) under subsection (2)(a), the Presiding Officer fixes a later date for the
poll (“the new date”).

(8) The constituency returning officer must—

(a) 20publish a notice stating that the date has changed, and

(b) comply with the requirements of Part 1 of Schedule 2 to the 2015 Order
as if the new date had just been fixed under section 9 of the 1998 Act.

(9) In this section “constituency returning officer” has the same meaning as in the
2015 Order.

66 25Postponement of local authority elections in Scotland for casual vacancies

(1) This section applies where under section 37 of the Local Government
(Scotland) Act 1973 (“the 1973 Act”), an election is to be held to fill a casual
vacancy in the office of councillor in a local authority (“the election”).

(2) The returning officer may—

(a) 30where a date has been fixed for the poll for the election, fix a later date
(which may be outwith the period required under section 37(1) of the
1973 Act), or

(b) where no such date has been fixed, fix a date for the poll that is outwith
that period.

(3) 35The returning officer must fix a date under subsection (2) for the poll at the
election to be held as soon as reasonably practicable.

(4) The power under subsection (2)—

(a) may be exercised more than once,

(b) may not be exercised so as to fix a date for the poll at the election that is
40within the period mentioned in subsection (2) of section 37 of the 1973
Act, unless the holding of the election within that period is permitted
under that subsection, and

(c) may not be exercised so as to fix a date after 6 May 2021.

(5) Before exercising the power under subsection (2), the returning officer must
45consult—