Coronavirus Bill (HC Bill 122)
PART 2 continued
Contents page 1-8 9-18 19-28 29-38 39-48 49-58 59-68 69-78 79-88 89-98 99-108 109-118 119-128 129-138 139-158 159-188 Last page
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(7)
The Scottish Ministers are also a relevant national authority in relation to
regulations under subsection (1) which make provision which would be within
the legislative competence of the Scottish Parliament if it were contained in an
Act of that Parliament.
(8)
5A Northern Ireland department is also a relevant national authority in relation
to regulations under subsection (1) which make provision which, if it were
contained in an Act of the Northern Ireland Assembly—
(a) would be within the legislative competence of that Assembly, and
(b) would not require the consent of the Secretary of State.
(9)
10Any power of a Minister of the Crown or the Welsh Ministers to make
regulations under subsection (1) is exercisable by statutory instrument.
(10)
References in this section to regulations are to be read in relation to a Northern
Ireland department as references to an order.
(11)
Any power of a Northern Ireland department to make an order under
15subsection (1) is exercisable by statutory rule for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 (and not by statutory instrument).
(12) In this section “subordinate legislation” means—
(a)
subordinate legislation within the meaning of the Interpretation Act
1978,
(b)
20an instrument made under an Act or Measure of the National Assembly
for Wales,
(c) an instrument made under an Act of the Scottish Parliament, or
(d) an instrument made under Northern Ireland legislation.
78 Power to make consequential modifications
(1)
25A relevant national authority may by regulations make provision for an
enactment to have effect with modifications in consequence of any provision
of this Act.
(2)
Without prejudice to section 14 of the Interpretation Act 1974 (implied power
to amend), a relevant national authority may by regulations amend or revoke
30any regulations made by the authority under subsection (1) in consequence
of—
(a) the exercise of a power under section 74,
(b) the expiry of a provision of this Act under section 75, or
(c) the exercise of a power under section 76.
(3)
35Regulations under this section may make transitional, transitory or saving
provision.
(4)
In this section “relevant national authority” means a Minister of the Crown,
subject as follows.
(5)
In the case of regulations under this section which could also be made by an
40authority by virtue of any of subsections (6) to (8), a Minister of the Crown may
not make the regulations without the authority’s consent.
(6)
The Welsh Ministers are also a relevant national authority in relation to
regulations under this section which make provision which would be within
the legislative competence of the National Assembly for Wales if it were
45contained in an Act of that Assembly (including any provision that could only
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be made with the consent of a Minister of the Crown within the meaning of the
Ministers of the Crown Act 1975).
(7)
The Scottish Ministers are also a relevant national authority in relation to
regulations under this section which make provision which would be within
the legislative competence of the Scottish Parliament if it were contained in an
5Act of that Parliament.
(8)
A Northern Ireland department is also a relevant national authority in relation
to regulations under this section which make provision which, if it were
contained in an Act of the Northern Ireland Assembly—
(a) would be within the legislative competence of that Assembly, and
(b) 10would not require the consent of the Secretary of State.
(9)
Any power of a Minister of the Crown or the Welsh Ministers to make
regulations under this section is exercisable by statutory instrument.
(10)
References in this section to regulations are to be read in relation to a Northern
Ireland department as references to an order.
(11)
15Any power of a Northern Ireland department to make an order under this
section is exercisable by statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979 (and not by statutory instrument).
(12) In this section “enactment” includes—
(a)
an enactment comprised in an Act or Measure of the National
20Assembly for Wales,
(b) an enactment comprised in an Act of the Scottish Parliament,
(c) an enactment comprised in Northern Ireland legislation, and
(d) an enactment comprised in subordinate legislation.
(13) In this section “subordinate legislation” means—
(a)
25subordinate legislation within the meaning of the Interpretation Act
1978,
(b)
an instrument made under an Act or Measure of the National Assembly
for Wales,
(c) an instrument made under an Act of the Scottish Parliament, or
(d) 30an instrument made under Northern Ireland legislation.
79 Procedure for certain regulations made by a Minister of the Crown
(1)
A statutory instrument containing regulations made by a Minister of the
Crown under section 76(1) may not be made unless a draft of the instrument
has been laid before, and approved by a resolution of, each House of
35Parliament.
(2)
A statutory instrument containing regulations made by a Minister of the
Crown under section 76(2) must be laid before Parliament as soon as
reasonably practicable after being made.
(3)
A statutory instrument containing regulations made by a Minister of the
40Crown under section 77(1) must be laid before Parliament as soon as
reasonably practicable after being made.
(4)
A statutory instrument containing regulations made by a Minister of the
Crown under section 78—
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(a)
if the regulations only provide for subordinate legislation within the
meaning of that section to have effect with modifications or to be
amended or revoked, is subject to annulment in pursuance of a
resolution of either House of Parliament;
(b)
5otherwise, must be laid before Parliament as soon as reasonably
practicable after being made.
(5)
Subsection (2), (3) or (4)(b) does not apply if a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament.
(6)
Regulations contained in an instrument laid before Parliament by virtue of
10subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40
days beginning with the day on which the instrument is made unless, during
that period, the instrument is approved by a resolution of each House of
Parliament.
(7)
In calculating the period of 40 days, no account is to be taken of any time
15during which—
(a) Parliament is dissolved or prorogued, or
(b) both Houses of Parliament are adjourned for more than 4 days.
(8)
Where regulations cease to have effect as a result of subsection (6) that does
not—
(a)
20affect anything previously done under or by virtue of the regulations,
or
(b) prevent the making of new regulations.
80 Procedure for certain regulations made by the Welsh Ministers
(1)
A statutory instrument containing regulations made by the Welsh Ministers
25under section 76(1) may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, the National Assembly for Wales.
(2)
A statutory instrument containing regulations made by the Welsh Ministers
under section 76(2) must be laid before the National Assembly for Wales as
soon as reasonably practicable after being made.
(3)
30A statutory instrument containing regulations made by the Welsh Ministers
under section 77(1) must be laid before the National Assembly for Wales as
soon as reasonably practicable after being made.
(4)
A statutory instrument containing regulations made by the Welsh Ministers
under section 78—
(a)
35if the regulations only provide for subordinate legislation within the
meaning of that section to have effect with modifications or to be
amended or revoked, is subject to annulment in pursuance of a
resolution of the National Assembly for Wales;
(b)
otherwise, must be laid before the National Assembly for Wales as soon
40as reasonably practicable after being made.
(5)
Subsection (2), (3) or (4)(b) does not apply if a draft of the instrument has been
laid before, and approved by a resolution of, the National Assembly for Wales.
(6)
Regulations contained in an instrument laid before the National Assembly for
Wales by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of
45the period of 40 days beginning with the day on which the instrument is made
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unless, during that period, the instrument is approved by a resolution of the
National Assembly for Wales.
(7)
In calculating the period of 40 days, no account is to be taken of any time
during which the National Assembly for Wales is—
(a) dissolved, or
(b) 5in recess for more than 4 days.
(8)
Where regulations cease to have effect as a result of subsection (6) that does
not—
(a)
affect anything previously done under or by virtue of the regulations,
or
(b) 10prevent the making of new regulations.
81 Procedure for certain regulations made by the Scottish Ministers
(1)
Regulations made by the Scottish Ministers under section 76(1) are subject to
the affirmative procedure (see section 29 of the Interpretation and Legislative
Reform (Scotland) Act 2010).
(2)
15Regulations made by the Scottish Ministers under section 76(2) must be laid
before the Scottish Parliament as soon as reasonably practicable after being
made.
(3)
Regulations made by the Scottish Ministers under section 77(1) must be laid
before the Scottish Parliament as soon as reasonably practicable after being
20made.
(4) Regulations made by the Scottish Ministers under section 78—
(a)
if they only provide for subordinate legislation within the meaning of
that section to have effect with modifications or to be amended or
revoked, are subject to the negative procedure (see section 28 of the
25Interpretation and Legislative Reform (Scotland) Act 2010);
(b)
otherwise, must be laid before the Scottish Parliament as soon as
reasonably practicable after being made.
(5)
Subsection (2), (3) or (4)(b) does not apply if the regulations have been subject
to the affirmative procedure (see section 29 of the Interpretation and
30Legislative Reform (Scotland) Act 2010).
(6)
Regulations laid before the Scottish Parliament by virtue of subsection (2), (3)
or (4)(b) cease to have effect at the end of the period of 40 days beginning with
the day on which they are made unless, during that period, the regulations are
approved by resolution of the Scottish Parliament.
(7)
35In calculating the period of 40 days, no account is to be taken of any time
during which the Scottish Parliament is—
(a) dissolved, or
(b) in recess for more than 4 days.
(8)
Where regulations cease to have effect as a result of subsection (6) that does
40not—
(a)
affect anything previously done under or by virtue of the regulations,
or
(b) prevent the making of new regulations.
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82 Procedure for certain orders made by a Northern Ireland department
(1)
An order made by a Northern Ireland department under section 76(1) is subject
to negative resolution within the meaning of section 41(6) of the Interpretation
Act (Northern Ireland) 1954.
(2)
5An order made by a Northern Ireland department under section 76(2) must be
laid before the Northern Ireland Assembly as soon as reasonably practicable
after being made.
(3)
An order made by a Northern Ireland department under section 77(1) must be
laid before the Northern Ireland Assembly as soon as reasonably practicable
10after being made.
(4) An order under section 78 made by a Northern Ireland department—
(a)
if the order only provides for subordinate legislation within the
meaning of that section to have effect with modifications or to be
amended or revoked, is subject to negative resolution within the
15meaning of section 41(6) of the Interpretation Act (Northern Ireland)
1954;
(b)
otherwise, must be laid before the Northern Ireland Assembly as soon
as reasonably practicable after being made.
(5)
Subsection (2), (3) or (4)(b) does not apply if a draft of the order has been laid
20before, and approved by a resolution of, the Northern Ireland Assembly.
(6)
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the
purposes of subsection (5) in relation to the laying of a draft as it applies in
relation to the laying of a statutory document under an enactment.
(7)
An order laid before the Northern Ireland Assembly by virtue of subsection (2),
25(3) or (4)(b) ceases to have effect at the end of the period of 40 days beginning
with the day on which the order is made unless, during that period, the
instrument is approved by a resolution of the Northern Ireland Assembly.
(8)
In calculating the period of 40 days, no account is to be taken of any time
during which the Northern Ireland Assembly is—
(a) 30dissolved,
(b) in recess for more than 4 days, or
(c) adjourned for more than 6 days.
(9) Where an order ceases to have effect as a result of subsection (7) that does not—
(a) affect anything previously done under or by virtue of the order, or
(b) 35prevent the making of a new order.
83 Reports by Secretary of State on status of non-devolved provisions of this Act
(1) The Secretary of State must—
(a)
in respect of each reporting period, prepare and publish a report on the
status of the provisions of Part 1 of this Act;
(b)
40include in the report a statement that the Secretary of State is satisfied
that the status of those provisions is appropriate.
(2)
A reference in this section to a provision of this Act is to the provision only so
far as the Secretary of State is responsible for it (see subsection (6)).
(3) The references in subsection (1) to the “status” of a provision are to—
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(a) whether the provision is in force at the end of the reporting period, and
(b)
whether any power under the following provisions has been exercised
by a Minister of the Crown in relation to it during that period (and, if
so, which and how)—
(i) 5section 73(2) (regulations bringing provision into force);
(ii)
section 74(1) or (3) (regulations suspending or reviving
provision);
(iii)
section 76(1) or (2) (regulations altering expiry date of
provision).
(4) 10Each of the following is a “reporting period”—
(a)
the period of 2 months beginning with the day on which this Act is
passed;
(b)
each successive period of 2 months that ends during the substantive
operational period of this Act.
(5) 15The “substantive operational period of this Act” is —
(a) the two-year period mentioned in section 75(1), or
(b) if different, the period—
(i) beginning with the day on which this Act is passed, and
(ii)
ending with the time of expiry of the provision of this Act
20which, by virtue of regulations made by a Minister of the Crown
of the power under section 76(2), expires the latest.
(6) The Secretary of State is responsible for a provision of this Act so far as—
(a) it extends to England and Wales and applies in relation to England, and
(b) it—
(i)
25extends to England and Wales and applies in relation to Wales,
or extends to Scotland or Northern Ireland, and
(ii)
is outside devolved legislative competence in Wales, Scotland
or Northern Ireland (as the case may be).
(7) A provision is “outside devolved legislative competence”—
(a)
30in relation to Wales, if it would not be within the legislative competence
of the National Assembly for Wales if it were contained in an Act of that
Assembly (assuming, in the case of provision that could only be made
with the consent of a Minister of the Crown within the meaning of the
Ministers of the Crown Act 1975, that such consent were given);
(b)
35in relation to Scotland, if it would not be within the legislative
competence of the Scottish Parliament if it were contained in an Act of
that Parliament;
(c) in relation to Northern Ireland, if—
(i)
it would not be within the legislative competence of the
40Northern Ireland Assembly, or
(ii) it would require the consent of the Secretary of State,
if it were contained in an Act of that Assembly.
(8)
The Secretary of State must lay each report prepared under subsection (1)
before Parliament.
(9)
45If the Secretary of State does not prepare and publish the report required by
subsection (1) within 7 days beginning with the end of a reporting period, the
Secretary of State must—
(a) explain why in a statement made in writing, and
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(b) publish the statement.
84 Parliamentary consideration of status of non-devolved provisions of this Act
(1)
This section applies where the substantive operational period of this Act is
longer than the period of one year beginning with the day on which this Act is
5passed.
(2) A Minister of the Crown must make arrangements for—
(a)
a motion in neutral terms, to the effect that the House of Commons has
considered the one-year status report, to be moved in that House by a
Minister of the Crown within the period of 14 Commons sitting days
10beginning with the day after the end of the sixth reporting period, and
(b)
a motion for the House of Lords to take note of the one-year status
report to be moved in that House by a Minister of the Crown within the
period of 14 Lords sitting days beginning with the day after the end of
the sixth reporting period.
(3)
15The “one-year status report” is the report required to be prepared by the
Secretary of State under section 83 in respect of the sixth reporting period.
(4) In this section—
-
“Commons sitting day” means a day on which the House of Commons is
sitting (and a day is only a day on which the House of Commons is
20sitting if the House begins to sit on that day); -
“Lords sitting day” means a day on which the House of Lords is sitting
(and a day is only a day on which the House of Lords is sitting if the
House begins to sit on that day); -
“reporting period” and “substantive operational period of this Act” have
25the same meaning as in section 83.
85 Extent
(1)
The following provisions extend to England and Wales, Scotland and Northern
Ireland—
(a) section 1;
(b) 30section 2 (and Schedule 1);
(c)
section 7, so far as it relates to Parts 1, 2 and 5 of Schedule 6 (and those
Parts of that Schedule);
(d) section 8;
(e) sections 21 and 22;
(f) 35sections 23 to 27 (and Schedule 14);
(g) section 48 (and Schedule 19);
(h) section 49 (and Schedule 20);
(i) section 50 (and Schedule 21);
(j)
section 53, so far as it relates to paragraph 2 of Schedule 24 (and that
40paragraph of that Schedule);
(k) section 56 (and Schedule 27);
(l) sections 59 to 62;
(m) sections 64 and 65;
(n) section 67;
(o) 45sections 68 to 70;
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(p) this Part.
(2) The following provisions extent to England and Wales and Scotland only—
(a)
section 7, so far as it relates to Part 3 of Schedule 6 (and that Part of that
Schedule);
(b) 5sections 37 to 39.
(3) Section 58 extends to England and Wales and Northern Ireland only.
(4) The following provisions extend to England and Wales only—
(a) section 5 (and Schedule 4);
(b) section 9(1) (and Schedule 7);
(c) 10section 10;
(d) sections 13 and 14 (and Schedule 11);
(e) section 17(1) (and Part 1 of Schedule 12);
(f) section 18;
(g) section 28;
(h) 15section 31;
(i) section 35(1) (and Part 1 of Schedule 15);
(j) section 36(1) (and Part 1 of Schedule 16);
(k) section 43;
(l) section 51 (and Schedule 22);
(m) 20section 52 (and Schedule 23);
(n)
section 53, so far as it relates to paragraph 1 of Schedule 24 (and that
paragraph of that Schedule);
(o) section 54 (and Schedule 25);
(p) sections 57 and 63;
(5) 25The following provisions extend to Scotland only—
(a) section 3 (and Schedule 2);
(b) section 6 (and Schedule 5);
(c) section 9(2) (and Schedule 8);
(d) section 11;
(e) 30sections 15 and 16;
(f) section 17(2) (and Part 2 of Schedule 12);
(g) section 19 (and Schedule 13);
(h) sections 32 and 33;
(i) section 34;
(j) 35section 35(2) (and Part 2 of Schedule 15);
(k) section 36(2) (and Part 2 of Schedule 16);
(l) section 44;
(m) section 47 (and Schedule 18);
(n) section 66.
(6) 40The following provisions extend to Northern Ireland only—
(a) section 4 (and Schedule 3);
(b)
section 7, so far as it relates to Part 4 of Schedule 6 (and that Part of that
Schedule);
(c) section 9(3) and (4) (and Schedules 9 and 10);
(d) 45section 12;
(e) section 17(3) (and Part 3 of Schedule 12);
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(f) section 20;
(g) section 29;
(h) section 30;
(i) section 35(3) (and Part 3 of Schedule 15);
(j) 5section 36(3) (and Part 3 of Schedule 16);
(k) sections 40 to 42;
(l) section 45;
(m) section 46 (and Schedule 17);
(n) section 55 (and Schedule 26).
86 10Extension to the Isle of Man
Her Majesty may by Order in Council provide for the extension, with or
without modifications, to the Isle of Man of any provision of this Act which is
capable of so extending.
87 Short title
15This Act may be cited as the Coronavirus Act 2020.
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SCHEDULES
Section 2
SCHEDULE 1 Emergency registration of nurses and other health and care professionals
Nursing and Midwifery Order 2001
1
(1)
5The Nursing and Midwifery Order 2001 (S.I. 2002/253) has effect as if it were
subject to the following modifications.
(2) The Order has effect as after article 9 there were inserted—
“9A
Temporary registration in emergencies involving loss of human life or
human illness etc
(1)
10The Registrar may register a person as a registered nurse, midwife or
nursing associate, or the persons comprising a specified group of
persons as registered nurses, midwives or nursing associates, if—
(a)
the Secretary of State has advised the Registrar that an
emergency has occurred, is occurring or is about to occur and
15that the Registrar should consider acting under this article,
and
(b)
the Registrar considers that the emergency registration
requirement is met in relation to the person or group of
persons.
(2)
20For the purposes of paragraph (1)(b) the emergency registration
requirement is met—
(a)
in relation to a person, if the Registrar considers that the
person is a fit, proper and suitably experienced person to be
registered as a nurse, midwife or nursing associate with
25regard to the emergency;
(b)
in relation to a group of persons, if the Registrar considers
that the group is comprised of persons who are of a type who
may reasonably be considered fit, proper and suitably
experienced persons to be registered as nurses, midwives or
30nursing associates with regard to the emergency.
(3)
The Registrar may register all of the persons comprising a specified
group of persons without first identifying each person in the group.
(4)
The Registrar may include an annotation in the register denoting that
a person has been registered under this regulation.
(5)
35The registration of a person under this article has effect subject to any
conditions imposed by the Registrar; and the Registrar may at any
time vary or revoke such a condition or add new conditions.