CORONAVIRUS Bill

Explanatory Notes

Commentary on provisions of Bill/Act

Part 1: Main Provisions

Clause 1: Meaning of "coronavirus" and related terminology

115 This clause defines "coronavirus" and "coronavirus disease" which are terms used throughout the Bill. It also explains that references to infection or contamination in the Bill are references to infection or contamination with covid-19. However, references to persons infected by covid-19 do not (unless a contrary intention appears) include any person who has been infected but is clear of covid-19 (unless the person is re-infected).

Clause 2 and Schedule 1: Emergency registration of nurses and other health and care professionals

116 This clause and Schedule make temporary modifications to the Nursing and Midwifery Order 2001 and the Health Professions Order 2001, allowing for the temporary registration of certain healthcare professionals.

117 On notification from the Secretary of State that an emergency has, is or is about to occur, the Registrar of the Nursing and Midwifery Council has the power to register a person or specified group of persons, as a nurse, midwife, or nursing associate. On the same emergency notification procedure by the Secretary of State, the Registrar of the Health and Care Professions Council has the power to register a person or specified group of persons as a member of a "relevant profession" i.e. physiotherapists, paramedics and others.

118 The relevant Registrar must be satisfied that the emergency registration requirement is met, i.e. that the person or persons are "fit, proper and suitably experienced to be registered" as a professional, with regard to the emergency.

119 Conditions of practise may be imposed, and the relevant Registrar may revoke the registration at any time including where the Registrar suspects that the person’s fitness to practise may be impaired.

120 The relevant Registrar must revoke the registration on notification from the Secretary of State that the emergency no longer exists, and transitional provision is made to ensure the Registrar’s power to revoke registration continues after the Act has expired.

121 There is no appeal right available where the relevant Registrar has refused to register a person under the emergency provision, or where the Registrar has revoked a person’s registration under the emergency provision.

122 If a person breaches a condition to which their registration is subject, anything that is done by the person in breach of the condition, is to be treated as if it has not been done by a professional regulated by the NMC or HCPC.

123 For the purposes of the temporary modifications made by clause 2 and Schedule 1 of the Bill, certain provisions of the Nursing and Midwifery Order 2001 and the Health Professions Order 2001 do not apply to persons registered under the emergency provision. These disapplied provisions relate to the standard registration of healthcare professionals, education and training, and fitness to practise (save for articles enabling identification of an individual).

124 It is expected members of these professions who are recently retired, students, trainees and those on sabbatical would be appropriate for emergency registration, but this is not an exhaustive list. It will be at the discretion of the Registrars to determine on the emergency registration requirement being met, who to register on a temporary basis.

125 The territorial extent and application of this clause and schedule is the England and Wales, Scotland and Northern Ireland.

Clause 3 and Schedule 2: Emergency arrangements concerning medical practitioners: Scotland

126 The clause and Schedule modifies the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 to support the fast deployment of temporarily registered health care workers by the NHS. The modifications permit general practitioners with temporary registration under section 18A of the Medical Act 1983 to provide primary medical services despite not being included in the primary medical services performers list of a Health Board if they have applied to the Health Board and the Health Board has not refused or deferred the application.

127 Provision is also made to ensure necessary associated contractual changes to the National Health Service (General Medical Services Contract) (Scotland) Regulations 2018.

128 The territorial extent and application of this clause is Scotland.

Clause 4 and Schedule 3: Emergency registration of and extension of prescribing powers for pharmaceutical chemists: Northern Ireland

129 This clause and Schedule amend the Pharmacy (Northern Ireland) Order 1976 (the 1976 Order) to allow the registrar to temporarily enter in the register the name of a pharmacist, or a group of pharmacists when directed by the Department of Health that an emergency has occurred or is occurring. This will allow people who do not meet the qualifications under the 1976 Order to be registered in an emergency situation at the discretion of the registrar. Groups that could be considered for temporary registration may include pre-registration pharmacists or recently retired pharmacists.

130 Provision is also made to allow the registrar to temporarily annotate a pharmacist’s record or the record of a group of pharmacists in the register when directed by the Department of Health that an emergency has occurred or is occurring. The purpose of the annotation would be to extend the power to prescribe certain drugs, medicines and appliances to people who would not be authorised under the 1976 Order.

131 The schedule also provides that certain provisions of the 1976 Order that do not apply to temporary registrations and annotations, will be able to be reapplied to such registrations and annotations by regulations.

132 Paragraph 3 of the Schedule removes certain decisions relating to temporary registrations and annotations from the scope of the normal appeal mechanisms under the 1976 Order.

133 The territorial extent and application of this clause and Schedule is Northern Ireland.

Clause 5 and Schedule 4: Emergency registration of social workers

134 The clause and Schedule modify the Social Workers Regulations 2018 and the Regulation and Inspection of Social Care (Wales) Act 2016, allowing for the temporary registration of social workers in England and Wales. Social Work England (‘the regulator’) and the registrar for Social Care Wales (‘the registrar’) have the power to register a person or specified group of persons, as a social worker.

135 As with the emergency registration of healthcare professionals, the regulator or registrar must be satisfied that the emergency registration requirement is met, i.e. that the person or persons are "fit, proper and suitably experienced to be registered" with regard to the emergency. It will be at the discretion of the regulator or registrar to determine who to register on a temporary basis. Conditions of practise may be imposed, and the regulator or registrar may revoke the registration at any time including where they suspect that the person’s fitness to practise may be impaired. The regulator or registrar must revoke the registration if the Secretary of State advises the regulator or registrar that the circumstances leading to a notification of an emergency no longer exist.

136 Certain provisions of the Social Workers Regulations 2018 and the Regulation and Inspection of Social Care (Wales) Act 2016 are disapplied with regard to the conditions of registration of social workers. These disapplied provisions relate to the standard registration, education and training, and fitness to practise of social workers.

137 The territorial extent and application of this clause is England and Wales.

Clause 6 and Schedule 5: Emergency registration of social workers: Scotland

138 The clause and Schedule modifies the Regulation of Care (Scotland) Act 2001 (‘the 2001 Act’) to give the Scottish Social Services Council (‘SSSC’) the power to consider applications for a temporary social worker in Scotland from those who have retired from being a social worker, those who are on a career break and from social work students.  The Scottish Minsters have the power to direct the SSSC to start considering applications for temporary registration. Before issuing a direction, the they must have regard to any advice from the Chief Medical Officer of the Scottish administration (or Deputy Chief Medical Officer of the Scottish administration), and be satisfied that the direction is necessary and proportionate in response to the risk of transmission of covid-19, and its impact on the provision of social services in Scotland.  

139 In order for the SSSC to register a person as a temporary social worker, it must be satisfied that the relevant criteria are met.  An application for temporary registration can only be made by a retired social worker or a person on a career break who was previously working as a social worker within the last 5 years.  Applicants for temporary registration can only be made suitable by social work students who are in the final year of their training. The amendments set out what educational requirements need to be satisfied and make it clear that applications can be received from persons who may have worked or obtained qualifications in Scotland, or another part of the UK.  In each case, the SSSC has the discretion to determine if applicants are persons are who are of good character and satisfy any requirements for competence and conduct.

140 It will be at the discretion of the SSSC to determine who to register on a temporary basis. Conditions on temporary registrations may be imposed. The SSSC may revoke the registration at any time including where they suspect that the person’s fitness to practise may be impaired. The SSSC must revoke the temporary registration if the Scottish Ministers directs it to cease considering applications for temporary registration.  Provision is made to make it clear that any person who is on the register as a temporary social worker can apply, at any point they are on the register, for registration in another part of the register.  This enables people who are retired or on a career break to make an application to return to work as a fully qualified social worker if they choose to do so.  Equally, it will enable social work students to apply to be registered as a social worker as soon as they complete their education, if they are still registered as a temporary social worker.  If any such application is successful, that person would be removed from the register of temporary social worker. The SSSC have power to make rules in relation to the applications for temporary registration or those who are registered as temporary social workers.  Certain provisions of the 2001 Act in relation to appeals against the decisions of the SSSC for application for full registration have been disapplied in respect of applications for temporary registration.

141 Clause 6 and Schedule 7 amend the Registration of Social Workers and Social Services Workers in Care Services (Scotland) Regulations 2013 to increase the period of time which a person who is a social services worker or a social worker who works in the care service sector in Scotland must be registered to work in those services from 6 month to 12 months.

142 The territorial extent and application of this clause is Scotland.

Clause 7 and Schedule 6: Emergency volunteering leave

143 The Clause and Schedule establish a new form of unpaid statutory leave for employees and workers (hereafter "workers") that qualify as emergency volunteers for the purpose of Emergency Volunteering Leave ("EVL").

144 Part 1 of the Schedule sets out the entitlement to take EVL. To qualify for EVL a worker must be issued with an Emergency Volunteering Certificate (an "EVL Certificate") by an appropriate authority confirming that they have been approved as an emergency volunteer, and that they will volunteer for a specified period. A worker must then provide written notice, including the EVL Certificate to their employer at least 3 working days before the first day of the period specified in the EVL Certificate. A worker is entitled to take a set block of 2, 3 or 4 consecutive weeks of EVL during a period of 16 weeks (a "volunteering period"). There is no requirement for a worker to have any qualifying period of service with their employer to take EVL. Subsequent volunteering periods can be specified by relevant national authorities in regulations. The categories of workers who are exempted from the entitlement to take EVL are set out in paragraph 3 of the Schedule and relevant national authorities are able to make regulations to extend the list of exempted workers.

145 Part 2 of the Schedule sets out the effect of an individual taking EVL. Paragraph 5 mandates the continued application of terms and conditions of employment during any period of EVL. Paragraph 6 sets out an individual’s right to return after a period of EVL. Paragraph 7 describes the effects of EVL on an individual’s pension rights.

146 Part 3 of the Schedule modifies the Employment Rights Act (1996) so as to be read as if new provisions were inserted to ensure that workers who take or seek to take EVL are protected from detriment and that employees receive additional unfair dismissal protections. Part 3 also modifies the Employment Rights Act to allow for workers who take or seek to take EVL to pursue complaints and obtain remedies in the Employment Tribunal.

147 Part 4 of the Schedule modifies the Employment Rights (Northern Ireland) Order 1996 to insert equivalent protections to those described in respect of Part 3.

148 Part 5 of the Schedule is a general provision, which sets out the application of this Schedule to agency workers, contains definitions and more information on powers to make regulations under the Schedule.

149 The territorial extent and application of provisions relating to EVL is England, Wales and Scotland and Northern Ireland, but Part 3 of the Schedule extends and applies only to England, Wales and Scotland, and Part 4 extends and applies only to Northern Ireland.

Clause 8: Compensation for emergency volunteers

150 This clause requires the Secretary of State to make arrangements for the payment of compensation to emergency volunteers for some loss of earnings (where relevant) and travelling and subsistence.

151 The territorial extent and application of the provision to establish an emergency volunteer compensation scheme is England, Wales and Scotland and Northern Ireland.

Clause 9 and Schedules 7,8,9 and 10: Temporary modification of mental health and mental capacity legislation

152 This clause gives effect to Schedules 7, 8, 9 and 10 which make temporary modifications to mental health and mental capacity legislation in England and Wales, Scotland and Northern Ireland.

153 Schedule 7 applies to England and Wales and modifies the Mental Health Act 1983 ("MHA") and related provisions.

154 Paragraph 3 relates to sections 2 and 3 of the MHA, which allow for the compulsory hospitalisation of patients with mental disorders. Normally applications by Approved Mental Health Professionals to detain patients must be supported by the recommendations of two doctors. However paragraph 3(1) allows for applications to contain only one such medical recommendation, if obtaining the advice of two doctors is either impractical or would unduly delay the application.

155 Paragraph 4 modifies the effect of section 5 of the MHA, which allows for the short-term detention of patients who are already in hospital. It extends the maximum period for which a patient can be detained under section 5.

156 Patients involved in the criminal justice system are provided for in paragraphs 5 to 8. Paragraph 5 extends the period for which a person accused of a crime can be remanded to hospital under sections 35 and 36 of the MHA, by removing the rule that a person cannot be remanded for more than 12 weeks in total. It will remain the case that a person cannot be remanded to hospital for more than 28 days at a time. Paragraph 6 applies to various sections of the MHA which allow a court to send an accused or convicted person to hospital. It provides that, in certain circumstances, courts can make such orders on the advice of one doctor rather than two.

157 Paragraph 7 modifies the conditions under which the Secretary of State may make a "transfer direction", to move a serving prisoner or other type of detainee to hospital. Paragraph 8 deals with the time limits imposed by the MHA for taking an accused or convicted person to hospital, following a decision to admit them. It allows for the person to be taken to hospital as soon as is practicable after the normal limit expires.

158 Paragraph 9 changes procedures around the administration of medication to detained patients without their consent. Paragraph 10 extends the time for which a person can be kept in a "place of safety" by a police officer under sections 135 and 136 of the MHA.

159 Paragraphs 11 to 13 contain transitional provisions.

160 Schedule 8 contains temporary modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003, the Criminal Procedure (Scotland) Act 1995 and related subordinate legislation, to provide measures including:

a. The modification of forms that are used in connection with the Mental Health (Care and Treatment) (Scotland) Act 2003 and Criminal Procedure (Scotland) Act 1995 or for such forms to be read as if they were so modified.

b. Extending maximum periods of detention to 120 hours.

c. Permitting a short term detention certificate (STDC) to be granted without the need to first consult a mental health officer in certain circumstances and permits a second STDC to be granted.

d. Enabling a mental health officer (MHO) to apply for a Compulsory Treatment Order (CTO) under section 63 of the 2003 Act founded on only one mental health report, provided the MHO considers that it would be impractical or involve delay to obtain two mental health reports.

e. Where a serving prisoner is found to be suffering from mental disorder and requires medical treatment, Scottish Ministers may make a transfer for treatment direction (TTD) under section 136(2) of the 2003 Act. Paragraph 6 permits that Ministers may be so satisfied on the basis of one report from an AMP, where they consider that to obtain two reports would be impractical or involve delay.

f. Extending the limit on the length of time nurses can detain patients in hospital from 3 to 6 hours.

g. Allowing for a prisoner to be transferred to hospital by a TTD.

h. Section 136(3) and (6) provide that where a prisoner is to be transferred to hospital by a TTD they should be so moved within 7 days of the date the direction was made. Paragraph 8 provides that the transfer may be made as soon as practicable after that period.

i. Enabling reviews of certain orders and directions at certain specified intervals carried out by responsible medical officers (RMO) to be suspended.

j. Suspending the requirement imposed on Scottish Ministers in certain circumstances to make a reference to the Tribunal in respect of hospital directions or transfer for treatment directions.

k. Allowing that, where certain conditions are met, the RMO may administer medication to someone being treated under mental health legislation after the 2 month period laid out in the 2003 Act without the need to seek a second opinion from a designated medical practitioner (DMP) if the RMO has made a request for a DMP visit and it would cause undesirable delay to wait for the DMP’s assessment.

l. Allowing a Mental Health Tribunal panel to operate with a reduced number of members where it is not practical to proceed with the required three members, as long as one of the members is a legal member or Sheriff Convener.

m. Allowing the period of extension for assessment orders to be increased at the discretion of the court, from 14 days to 12 weeks.

n. Enabling detention on the advice of just one medical practitioner (instead of the two required under the 2003 Act), if the court considers that it would be impractical in the circumstances to secure the second recommendation and the court is satisfied that the evidence of the single practitioner is sufficient.

o. Providing that the conveyance or admittance of accused or convicted persons to hospital may be achieved as soon as is practicable after the end of the prescribed time limits in the 1995 Act.

p. Allowing the Tribunal to decide a case without a hearing in the circumstance where the patient may have requested oral representations or oral evidence to be heard. In those circumstances, relevant parties could make written submissions to the Tribunal before a decision is reached.

q. Allowing medical practitioners in Scotland who are not independent (e.g. are in the same hospital, or with a supervisory relationship, or working in an independent hospital where the patient is being treated), to examine a patient for the purposes of the 2003 Act.

161 Schedule 9 contains temporary modifications of the Mental Health (Northern Ireland) Order 1986 and related provisions including:

a. Providing for the modification of forms used in connection with the Mental Health (Northern Ireland) Order ("the 1986 Order") or for such forms to be read as if they were so modified.

b. Modifying Part 2 of the 1986 Order relating to the application for detention and the periods of detention. This includes temporary modifications of the professional requirements to make applications and reports, and the length of time a person can be detained.

c. Modifying the period during which a person can be remanded in hospital.

d. Making modifications related to the medical evidence required before a court can make a remand or a healthcare disposal under the 1986 Order or make a determination of unfitness to plead or a direction for recording a finding that a person is not guilty by reason of insanity.

e. Making modifications in relation to the medical reports required before a transfer of a prisoner or other person detained in a custodial environment to a healthcare environment can take place.

f. Modifying the timescales within which an accused or convicted person is conveyed or admitted to hospital under the 1986 Order.

g. Allowing the Department of Health in Northern Ireland to designate a different hospital than the one it previously designated in order to allow maximum flexibility during a period when it may be impractical to admit a person to the previously designated hospital and it would be possible that a person may be admitted sooner to a different hospital.

h. Enabling the Department of Health in Northern Ireland to provide a modified Code of Practice during the time of the emergency.

i. Making transitional provision where the procedures in Part 2 of Schedule 9 to the Bill are already underway at the end of the period for which the relevant provision of this Schedule has effect.

162 Schedule 10 provides for modifications to the Mental Capacity Act (Northern Ireland) 2016 (‘the 2016 Act’), including:

a. Providing introductory provisions - including interpretation and how to read the forms - that have been prescribed as a result of a subordinate legislation power in the 2016 Act.

b. Modifying parts of the 2016 Act relating to the functioning of additional safeguards, such as the operation of the panels. This includes temporary modifications on timings relating to when reports can be made, the length of time an authorisation can last and requirements relating to who must be consulted before a report for short-term detention for examination can be authorised.

c. Providing for an extension to the time limits for detaining a person in a place of safety.

d. Modifying the period during which a person can be remanded in hospital.

e. Modifying requirements for the medical evidence required before a court can make a remand or a healthcare disposal under Part 10 of the Act or make a determination of unfitness to plead or a direction for recording a finding that a person is not guilty by reason of insanity.

f. Modifying timescales for a medical practitioner making an extension report for a public protection order without restrictions.

g. Making modifications relating to medical reports required before a transfer of a prisoner or other person detained in a custodial environment to a healthcare environment can take place.

h. Modifying timescales within which a person subject to a hospital transfer direction is admitted to hospital under Part 10 of the 2016 Act.

i. Enabling the Department of Health in Northern Ireland to provide a modified Code of Practice.

j. Making transitional provision where the procedures in part 2 of schedule 10 to the Bill are already underway at the end of the period for which the relevant provision of this Schedule has effect.

k. Providing a requirement for each HSC trust to maintain certain records and to report and review how the provisions are used.

163 The territorial extent and application of this clause is England and Wales, Scotland and Northern Ireland.

Clause 10: Indemnity for health service activity: England and Wales

164 This clause enables the Secretary of State (in relation to the NHS in England) and the Welsh Ministers (in relation to the NHS in Wales) to provide an indemnity for clinical negligence liabilities arising from NHS activities connected to the diagnosis, care or treatment of a person who has been diagnosed as having covid-19 or is suspected, or is at risk, of, having the disease. These powers are not exercisable where indemnity arrangements are already in place (whether under an insurance policy or otherwise) that cover the clinical negligence liability in question.

165 The clause also extends to indemnity being provided for clinical negligence arising from NHS ‘business-as-usual’ activities that healthcare professionals and others (including retired healthcare professionals assisting with an outbreak) may be asked to carry out in consequence of the pandemic. These are NHS activities that are routinely provided as part of the NHS for England or the NHS for Wales and may include activities undertaken by healthcare professionals and others operating outside the scope of their usual day-to-day practices. In other words, these are NHS activities not connected to the diagnosis, care or treatment of a person who has been diagnosed as having covid-19 disease, or is suspected, or is at risk, of having the disease. Once again, indemnity for such activities is not available where indemnity arrangements are already in place that cover the clinical negligence liability in question.

166 The Secretary of State and the Welsh Ministers also have powers to make arrangements authorising another person to provide such indemnity.

167 The territorial extent and application of this clause is England and Wales.

Clause 11: Indemnity for health service activity: Scotland

168 The clause enables the Scottish Ministers to provide indemnity for clinical negligence and other delictual liabilities arising from the NHS activities carried out in Scotland in the same circumstances as clause 10 provides that the Secretary of State or Welsh Ministers can provide indemnities. The Scottish Ministers also have powers to make arrangements authorising another person to provide such indemnity.

169 The territorial extent and application of this clause is Scotland.

Clause 12: Indemnity for health and social care activity: Northern Ireland

170 The clause enables the Department of Health in Northern Ireland (the Department) to provide indemnity for clinical negligence arising from the NHS activities carried out in Northern Ireland in the same circumstances as clause 10 provides that the Secretary of State or Welsh Ministers can provide indemnities. The Department also have powers to make arrangements authorising another person to provide such indemnity.

171 The territorial extent and application of this clause is Northern Ireland.

Clause 13: NHS Continuing Healthcare assessments: England

172 This changes the procedure for discharge from an acute hospital setting for those with a social care need.

173 This clause allows NHS providers to delay undertaking the NHS NHS Continuing Healthcare (NHS CHC) Assessment and pending that assessment, the patient will continue to receive NHS care.

174 The territorial extent of this clause is England and Wales and the application of this clause is England.

Clause 14 and Schedule 11: Local authority care and support

175 The effect of this clause and Schedule is that various duties on Local Authorities in Part 1 of the Care Act 2014 or Parts 3 and 4 of the Social Services and Well-being (Wales) Act 2014 (SSWWA) to assess needs for care and support, and to meet those needs, are replaced with a duty on Local Authorities to meet needs for care and support where for England, not to do so would be a breach of an individual’s human rights, and a power to meet needs in other cases. In Wales the test is aligned with the existing SSWWA provision where an adult or adult carer may be experiencing or at risk of abuse or neglect.

176 Local Authorities may have no duty to carry out assessments under sections 9, 10, 37, 58, 60 or 63 of the Care Act 2014, (or sections 19, 20, 24, 25, 35, 40 and 57 of the SSWWA); to make determinations of eligible needs under section 13 of the Care Act 2014 (or section 32 of the SSWWA); or to carry out financial assessments under section 14 of the Care Act 2014 (or section 63 of the SSWWA). No charge can be made under s53 of the SSWWA unless a financial assessment has been carried out.

177 The duties on Local Authorities to meet eligible needs under sections 18, 19 and 20 of the Care Act 2014 (or sections 35 and 40 of the SSWA) would be replaced by a duty to meet needs for care and support where failure to do so would breach an individual’s human rights and Local Authorities would have a power to meet other needs. They will still be expected to meet other needs if they are able to and to prioritise provision as necessary. In Wales the test is aligned with the existing SSWWA provision where an adult or adult carer may be experiencing or at risk of abuse or neglect

178 The Department of Health and Social Care for England and the Welsh Government for Wales may issue guidance to support prioritisation by Local Authorities, and, if it does so, the Secretary of State for England and the Welsh Ministers for Wales has a power to direct Local Authorities to comply with that guidance.

179 This Local Authorities are permitted to provide urgent care to individuals without a full Care Act or SSWWA assessment, and without a financial assessment, and to prioritise the provision of care and support.

180 The territorial extent these provisions is England and Wales only. Part 1 of the Schedule applies to England, and Part 2 of the Schedule applies to Wales.

Clause 15: Duty of local authority to assess needs: Scotland

181 Under this clause the duty on Local Authorities to conduct a needs assessment under the Social Work (Scotland) Act 1968 will be relaxed to allow local authorities the discretion to dispense with the requirement in order to provide services and support for those most in urgent need without delay. It provides that local authorities can dispense with the requirement if conducting an assessment would be impractical or cause undesirable delay.

182 The clause also amends the duties under the Carers (Scotland) Act 2016 and associated regulations, to convert the duty to prepare an adult carer support plan/young carer statement to a power to do so.

183 The territorial extent and application of this clause is Scotland.

Clause 16: Section 15: further provision

184 There is further provision for issuing statutory guidance, charging and protecting authorities against legal action if there are delays in providing assessments when the normal system is switched back on again.

185 The territorial extent and application of this clause is Scotland.

Clause 17 and Schedule 12: Registration of deaths and still-births etc

186 Part 1 of the schedule relates to England and Wales; Part 2 relates to Scotland and Part 3 relates to Northern Ireland.

Part 1 – England and Wales

187 The list of people who can give the necessary information to register a death under sections 16 and 17 of the Births and Deaths Registration Act 1953 (the "1953 Act"), is extended to include, where authorised by the deceased’s family, a funeral director. The requirements in the 1953 Act for a person to attend the Registrar’s office and sign the register in relation to a death (or still birth) in the presence of the Registrar is removed. Instead, information can be provided over the telephone or by any other method specified by the Registrar General in guidance.

188 Section 22 of the 1953 Act, which requires the medical practitioner who personally attended the deceased during their last illness to sign the medical certificate of cause of death ("MCCD") is modified. If it is impractical for the doctor, or if they are unable to do so another doctor can state the cause of death to the best of their knowledge and belief and this certificate can be delivered to the Registrar to enable the death to be registered. Paragraph 4 also allows a doctor to sign the MCCD of a deceased person who was not attended personally during their last illness by a doctor, if the doctor can state cause of death to the best of their knowledge and belief.

189 The requirement for a death to be reported to the coroner if the deceased had not been seen by a doctor during their last illness is relaxed as long no other factors would require the death to be reported to the coroner and the doctor can state to the best of their knowledge and belief the cause of death. Without this provision there would be increased pressure on the coronial service arising from the modifications to section 22 of the 1953 Act.

190 The Notification of Deaths Regulations 2019 are also modified to limit the circumstances when a medical practitioner needs to notify a coroner of a person’s death under regulation 3(1).

191 The Registration of Births and Deaths Regulations 1987 (regulations 34, 42, 43 and 47) require a ‘qualified informant’ (a person allowed by the 1953 Act), normally a family member, to attend personally before a registrar to give the information to register the death (or still-birth). Paragraph 6 removes this requirement enabling registrars and members of the public to register deaths (or still-births) even if they cannot, for whatever reason, travel to a register office. This reduces the chance of cross infection in the general public and enables those who cannot travel due to their own illness, or caring responsibilities, or any other factor, to register a death.

192 The requirement in regulation 41(1)(b)(ii) of the 1987 Regulations that a death must be reported to the coroner if the certifying doctor has not seen the deceased after death or within 14 days from the date of death is relaxed so that the death need not be reported to the coroner if another doctor, other than the one certifying the cause of death, has seen the deceased after death or within an extended period of 28 days.

Part 2 – Scotland

193 Part 2 of the Schedule contains similar provisions for Scotland to paragraphs 1 to 3, 5, 7 and 8 of Part 1 of the Schedule for England and Wales, although the provisions refer to the registration of deaths and still-births under the Registration of Births, Deaths and Marriages (Scotland) Act 1965 ("the 1965 Act") rather than the 1926 Act, the 1953 Act, and the 1987 Regulations. There are some differences in provision, in comparison with England and Wales, and Northern Ireland.

194 Part 2 of the Schedule provides that a funeral director who is responsible for the arrangement of the funeral may give information concerning a death, as required under section 23(1) of the 1965 Act (as a first option) if the funeral director is so authorised by a relative.

195 Part 2 of the Schedule provides for alternative methods by which a person who is required under the 1965 Act to give information about a death or still-birth to the district registrar may attest the death registration form, or the register page for a still-birth, rather than attending at the registration office to manually sign the form or the page.

196 Part 3 - Northern Ireland

197 The registration of deaths and still-births in Northern Ireland is governed by the Births and Deaths Registration (Northern Ireland) Order 1976 (the "1976 Order") and the Civil Registration Regulations (Northern Ireland) 2012 (the 2012 Regulations).

198 The modifications made by Part 3 include streamlining the registration of a still birth. Part 3 requires a registered doctor or registered midwife to send a certificate of cause of stillbirth electronically to the registrar. In addition following receipt of the notification and a copy of the certificate of cause of stillbirth, the registrar can electronically issue the certificate of registration directly to the funeral director to enable the disposal of the body to proceed.

199 The requirements under regulation 25 of the 2012 Regulations that someone must attend personally before a registrar to verify and sign the registration of a death are relaxed and people can provide the particulars required for the registration of deaths or still-births either by telephone or electronically and removing the need for informants to sign the register.

200 Part 3 of the Schedule also relaxes requirements under Article 25 of the 1976 Order in relation to the signing of the Medical Certificate of Cause of Death (MCCD) by a doctor. It provides that, if the deceased died of a natural illness and no doctor attended the deceased during their last illness, the MCCD may be signed by any doctor who is able to state the cause of the deceased’s death to the best of their knowledge and belief. If the deceased was seen by a doctor within 28 days prior to death another doctor can sign the MCCD if the person died as a result of natural illness, it is impracticable for the attending doctor to sign the MCCD and the signing doctor can state to the best of their knowledge and belief the case of death. The Schedule includes a consequential amendment to Form 12 of the 2012 Regulations to align with this procedure.

201 Part 3 of the Schedule removes the requirement under section 7 of the Coroners Act (Northern Ireland) 1959 that a death from natural illness or disease must be notified to the coroner if the deceased has not been seen or treated by a registered doctor within 28 days prior to the death. A doctor who signs the MCCD can send this electronically directly to the registrar.

202 Part 3 also enables the certificate of registration of death to be issued directly to the funeral director to enable the disposal of the body rather than having to be issued to the person giving the information (as provided for under Article 29 of the 1976 Order). It can be provided electronically.

203 There are transitional provisions in all three Parts of the Schedule which allow for anything that is being done in reliance on anything in the Schedule to continue to be done even after the relevant provisions no longer have effect. For example, documents relating to the registration of a death or still-birth (such as the cause of death or cause of still-birth certificate) that have been sent electronically before the provisions no longer have effect may still be processed.

204 The territorial extent and application of clause 17(1) and Part 1 of the Schedule is England and Wales, the territorial extent and application of clause 17(2) and Part 2 of the Schedule is Scotland and the territorial extent and application of clause 17(3) and Part 3 of the Schedule is Northern Ireland.

Clause 18: Confirmatory medical certificate not required for cremations: England and Wales

205 This clause modifies Regulation 16 of the Cremation (England and Wales) Regulations 2008 so that the medical referee (a registered medical practitioner engaged by the cremation authority who authorises cremations) will be able to authorise a cremation on the basis of the medical certificate from a single registered medical practitioner without the confirmatory medical certificate from a second registered medical practitioner. Removing this additional medical practitioner oversight is aimed at simplifying the process in order to address the expected increased volume of deaths and the need to focus a reduced number of available medical practitioners on dealing with more priority cases whilst keeping a necessary level of safeguards in place.

206 The clause also makes minor and consequential amendments to the Cremation (England and Wales) Regulations 2008 to facilitate the above.

207 The territorial extent and application of this clause is England and Wales.

Clause 19 and Schedule 13: Review of cause of death certificates and cremations: Scotland

208 Part 1 of the schedule enables the Scottish Ministers to suspend the review of death certificates in Scotland under the Registration of Births, Deaths and Marriages (Scotland) Act 1965 and the Certification of Death (Scotland) Act 2011 and makes provision for reviews which have been started but not completed when the suspension takes effect.

209 Part 2 of the schedule enables the Scottish Ministers to suspend sections 53 to 55 and 87 of the Burial and Cremation (Scotland) Act 2016 and relevant associated provisions of the Cremation (Scotland) Regulations 2019. The effect of this will be to remove duties on cremation authorities, funeral directors and local authorities to trace and contact relatives of deceased persons to ascertain their wishes in respect of ashes. Instead the relevant bodies will be placed under a duty to retain the ashes and to comply with their duties under the Act once the provisions have been re-instated,

210 The territorial extent and application of the clause and schedule is Scotland.

Clause 20: Modifications of requirements regarding medical certificates for cremations: Northern Ireland

211 Clause 20 provides modifies the Cremation (Belfast) Regulations (Northern Ireland) 1961 (the "1961 Regulations") to apply in relation to the death of a person:

a. to remove the requirement for the completion of Form C (Confirmatory Medical Certificate) from Regulation 10,

b. to make consequential modifications to the powers and duties of the Medical Referee in Regulations 12 and 13 of the 1961 Regulations, due to the removal of the requirement to complete Form C. Paragraph (4)(b)(i) of the schedule removes the reference to a person being seen and treated within twenty-eight days by a registered medical practitioner for a natural illness or disease in the case where the matter has been referred to the Coroner, and

c. to remove the requirement in Forms A and B for a registered medical practitioner having to have attended a deceased person during their last illness and within twenty-eight days before death and also make consequential modifications to Form B due to the removal of the requirement to complete Form C.

212 The territorial extent and application of this clause is Northern Ireland.

Clause 21: Appointment of temporary Judicial Commissioners

213 This clause creates a regulation making power to modify s227(4) of the Investigatory Powers Act 2016 so that at the request of the Investigatory Powers Commissioner the Secretary of State can provide for the Investigatory Powers Commissioner to directly appoint temporary Judicial Commissioners to carry out the functions conferred on Judicial Commissioners under the Act. The temporary Judicial Commissioners will be appointed for terms not exceeding 6 months each and no more than 12 months in total.

214 The regulations must include a requirement on the Investigatory Powers Commissioner to inform the Lord Chancellor, the Lord Chief Justice of England and Wales, the Lord President of the Court of Session, the Lord Chief Justice of Northern Ireland, the Home Secretary and the Prime Minister.

215 The territorial extent and application of this clause is England and Wales, Scotland and Northern Ireland.

Clause 22: Time limits in relation to urgent warrants etc under Investigatory Powers Act

216 This clause creates a regulation- making power to modify the relevant sections in the Investigatory Powers Act which specify the length of period referred to in the Act as "the relevant period" which relates to the time period for when authorisation is required by a Judicial Commissioner after a warrant has been issued.

217 Regulations made under this clause can extend the "relevant period" to no more than 12days for Judicial Commissioner approval and for the lifespan of the warrant. The Clause requires the Regulations to be time- limited to a period of 12 months.

218 The territorial extent and application of this clause is England, Wales, Scotland and Northern Ireland.

Clause 23: Power to require information relating to food supply chains

219 This clause provides the appropriate authority with the power to require information from persons within, or closely connected to, a food supply chain in certain specified circumstances. The required information must relate to that person’s activities within that food supply chain.

220 The power may not be used to require an individual to provide information. This will protect individual farmers and sole traders from being subject to requirements made under the powers in this Bill.

221 Subsections (4) and (5) limit the circumstances in which a requirement may be imposed to ensure that information can only be requested:

222 if the authority considers the information is needed to establish (either alone or within other information) (i) whether the whole or part of a food supply chain is being disrupted or is at risk of disruption; or (ii) the nature of such a disruption; and

223 if the authority has previously requested the person to do so and the person has not supplied information or has willingly provided information which is misleading or false.

224 In order to allow for the power to be used at short notice, subsection (7) allows for requirements to be made in writing, as opposed to through a Statutory Instrument.

225 The territorial extent and application of this clause is England, Wales, Scotland and Northern Ireland.

Clause 24: Authorities which may require information

226 This clause provides for the power to be exercised by "the appropriate authority". Subsection (1) defines appropriate authorities for these purposes as:

a. the Secretary of State;

b. the Scottish Ministers, if and to the extent that an Act of the Scottish Parliament could have authorised the Scottish Ministers to impose the requirement;

c. the Welsh Ministers, if and to the extent that an Act of the National Assembly for Wales could have authorised the Welsh Ministers to impose the requirement;

d. the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (DAERA), if and to the extent that an Act of the Northern Ireland Assembly made without the Secretary of State’s consent, could have authorised DAERA to impose the requirement.

227 Devolved Administrations’ ability to exercise the power is linked to their respective Parliament or Assembly’s legislative competence. Subsection (5) provides that where the Secretary of State wishes to exercise the power, if and to the extent that it could have been exercised by another of the appropriate authorities, the consent of the relevant authority will be required.

228 Subsection (6) provides that the Secretary of State is not required to seek consent from an appropriate authority in order to request information about an activity if and to the extent that the activity to which the requirement relates takes place outside of their area. Those areas are set out at subsection (8).

229 Subsection (7) requires that any information obtained in response to a requirement made with the consent of another authority, and which relates to that authority’s area, must be disclosed to that authority.

230 The territorial extent and application of this clause is England, Wales, Scotland and Northern Ireland.

Clause 25: Restrictions on use and disclosure of information

231 This clause places restrictions on the appropriate authority as to the use in decision making and the disclosure of information received as a result of the imposition of a requirement under the clause.

232 The first pre-condition which must be met before information can be either used or disclosed is that its use or disclosure is for a permitted purpose. The permitted purposes are set out in clause subsection (1) as.

233 Subsection (2) restricts the disclosure of information to bodies which are not Government authorities to ensure that only anonymised information is shared. Disclosure of information onwards by a body which is not a Government authority may only be made in accordance with the terms on which the information was initially disclosed to that body.

234 Subsection (5) expressly limits the use and disclosure of information containing personal data under subsections (1) and (2) to that which is authorised by data protection legislation.

235 The territorial extent and application of this clause is England, Wales, Scotland and Northern Ireland.

Clause 26 and Schedule 14: Enforcement of requirement to provide information

236 This clause sets out the enforcement regime for the power in clause 23, with further information on the financial penalties detailed in Schedule 14.

237 The Schedule sets out the financial penalties for failing to comply with a requirement under clause 23 or for providing information which is false or misleading. It provides for a financial penalty to be imposed, up to a maximum of 1% of qualifying turnover, after following procedure set out in the schedule.

238 Paragraph 7 provides that appeals may be made against the final notice to the First-tier Tribunal in England and Wales, to the sheriff court in Scotland, or to a county court in Northern Ireland, and the Schedule sets out the grounds of appeal at paragraph 7(2).

239 The Schedule does not make provision for the imposition of penalties on individuals as these persons are ruled out of the scope at clause 23(6) as set out above.  

240 The territorial extent and application of this clause is England, Wales, Scotland and Northern Ireland.

Clause 27: Meaning of "food supply chain" and related expressions

241 This clause defines the term "food supply chain" and related terms.

242 It defines a food supply chain as supplying individuals with food or drink for personal consumption which have been produced to any extent through agriculture, fishing or aquaculture.

243 The definition captures both those ‘in’ and those ‘closely connected’ with a food supply chain. It is intended to catch suppliers at every point along a food supply chain before the product reaches the consumer, supplying either food products directly to industry/consumers, or critical dependencies into the food supply chain.

244 Those included in a food supply chain include producers, slaughterhouses, packaging centres, distributors and retailers. The term ‘closely connected’ with a food supply chain is intended to capture suppliers who provide critical dependencies (or inputs) into the food supply chain (i.e. not directly supplying food). This may include those who supply seeds, fertiliser, chemicals, stock, equipment or similar items for use in agriculture, fishing or aquaculture; and those who provide goods or services either to producers or further up the supply chain which relate to the safety or quality of food or drink or the welfare of animals. This would include, for example, suppliers of CO₂ to slaughterhouses, suppliers of food packaging materials to packaging centres or companies which provide cleaning services to food processing plants.

245 The definition also captures trade bodies which represent those in or closely connected to a food supply chain. Defra works closely with many of these bodies in the response to any food supply chain disruption through the Food Chain Emergency Liaison Group (FCELG).

246 The territorial extent and application of this clause is England, Wales, Scotland and Northern Ireland.

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

247 Under section 7(2)(c) of the Coroners and Justice Act 2009, an inquest into a death must be held with a jury if the coroner has reason to suspect that the death was caused by a notifiable accident, poisoning or disease

248 Clause 28 will modify the Coroners and Justice Act 2009 so that COVID-19 is not a notifiable disease for the purposes of section 7(2)(c) and therefore the duty to hold a jury inquest in section 7 does not apply.

249 However, the coroner still retains the discretion to hold a jury inquest where they consider that there is sufficient reason to do so, under section 7(3) of the Coroners and Justice Act 2009.

250 The territorial extent and application of this clause is England and Wales

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

251 Section 18(1)(c) of the Coroners Act (Northern Ireland) 1959 requires an inquest into a death caused by a notifiable disease (a disease, notice of which is required under any enactment to be given to a government department, or to any inspector or other officer of a government department) to be held with a jury. Clause 29 provides that COVID-19 is not a notifiable disease for the purposes of Section 18, removing the requirement for an inquest to be held with a jury where the death is from COVID-19.

252 The territorial extent and application of this clause is Northern Ireland.

Clause 30: Deaths in custody from natural illness: Northern Ireland

253 Section 39 of the Prison Act (Northern Ireland) 1953 requires an inquest to be held into any death in prison and section 18 of the Coroners Act (Northern Ireland) 1959 requires an inquest into a death in prison to be held with a jury.

254 The clause enables a coroner to hold (or continue to hold) an inquest into a death in prison from natural illness without a jury. However, the inquest can still be heard with a jury if a coroner considers this desirable.

255 Section 13 of the 1959 Act enables one inquest to be held into a number of deaths resulting from the same circumstances. The clause modifies this provision to enable one inquest without a jury to be held into a number of deaths in prison from natural illness.

256 The territorial extent and application of this clause is Northern Ireland.

Clause 31: Disapplication etc by Welsh Ministers of DBS provisions

257 The scope of this power is limited to the single issue of modifying or dis-applying requirements about DBS checks. The provision requires Welsh Ministers to issue a notice and to include on the notice a statement of why the notice is appropriate and proportionate.

258 The purpose of this power is to put providers in Wales in the same position as those in other parts of the UK during the period of the coronavirus emergency. For example, in England vetting requirements for similar settings allow workers to begin work before an enhanced disclosure is received. However, the wording of the regulatory requirements in the schemes under Part 2 of the Care Standards Act 2000 and the Regulation and Inspection of Social Care (Wales) Act 2016 do not permit this even in an emergency. The provision will provide equivalence for Wales, should the Welsh Ministers consider it safe and appropriate to do so, during the period of the emergency.

259 The territorial extent of this provision is England and Wales and application of this provision is Wales only.

Clause 32: Temporary disapplication of disclosure offences: Scotland

260 This clause allows the Scottish Ministers to issue a direction that disapplies the offences under section 35 (organisations not to use barred individuals for regulated work) and section 36 (personnel suppliers not to supply barred individuals for regulated work) of the Protection of Vulnerable Groups (Scotland) Act 2007. This is intended to ensure that NHS boards who are employing temporarily registered healthcare workers are not inadvertently committing an offence if they have not obtained a PVG disclosure check in advance.

261 The territorial extent and application of this provision is Scotland only.

Clause 33: Temporary power to reclassify certain disclosure requests: Scotland

262 This clause allows the Scottish Ministers, where they receive certain types of disclosure requests under the Protection of Vulnerable Groups (Scotland) Act 2007, to treat them as if they were a disclosure request which simply confirms whether or not the individual is in the PVG Scheme and if they are barred. This will allow Disclosure Scotland to process disclosure applications more quickly, either in the event of increased demand to deploy temporarily registered healthcare workers quickly, or as a result of staff shortages due to sickness absence.

263 The territorial extent and application of this provision is Scotland only.

Clause 34: Vaccination and immunisation: Scotland

264 This clause modifies section 40 of the National Health Service (Scotland) Act 1978.  The requirement in that section that vaccinations and immunisations be administered by medical practitioners or persons acting under their direction and control is removed.  The modified section provides that the Scottish Ministers are to make arrangements for the provision of vaccinations and immunisations in respect of any disease. 

265 The clause also consequentially modifies an existing provision which delegates the section 40 function to territorial health boards, so that boards can in practice continue to exercise this function as they do now, but without the requirement that this always be under the direction and control of a medical practitioner. 

266 The territorial extent and application of this provision is Scotland only.

Clause 35 and Schedule 15: Temporary closure of educational institutions and childcare premises

Part 1 – England and Wales

267 This clause and Part 1 of the Schedule confer on the Secretary of State and Welsh Ministers the power to direct, by "temporary closure direction", the temporary closure of educational institutions and providers in England and Wales respectively, including maintained schools, independent schools, 16-19 Academies, further education providers, and higher education providers, as well as registered childcare providers.

268 The Schedule provides equivalent powers in relation to registered childcare providers.

269 Such temporary closure directions can apply to named educational institutions or childcare providers, all educational institutions or childcare providers (or all of them in a particular area of England or Wales respectively), or all educational institutions or childcare providers of certain descriptions.

270 A temporary closure direction in respect of an educational institution requires the responsible body of that institution to take reasonable steps to secure that persons do not attend the premises of the institution for a specified period. A temporary closure direction in respect of a registered childcare provider requires the registered childcare provider to take the same steps in relation to the attendance of persons for purposes connected with the provision of childcare.

271 Temporary disclosure directions can relate to specific steps to be taken, specified persons, specified premises or parts of premises, attendance for specified purposes, and can be framed in relation to relevant matters, or they can be general,

272 Before giving a temporary closure direction, the Secretary of State must have regard to any advice from the Chief Medical Officer or one of the Deputy Chief Medical Officers, and must be satisfied that the direction is a necessary and proportionate action in response to the risk of transmission of covid-19. A Welsh Minister must have regard to any advice from the Welsh Chief Medical Officer or one of the Welsh Deputy Chief Medical Officers, and must be satisfied that the direction is a necessary and proportionate action in response to the incidence of transmission of covid-19.

273 The provisions of a temporary closure direction are enforceable, on application by the Secretary of State or Welsh Minister respectively, by injunction.

274 Where a temporary closure direction has effect in relation to a school there would be no breach or failure in relation to certain specified duties on local authorities to arrange for exceptional educational provision, or of specified duties in connection with school attendance orders in the case of non-attendance, and a failure to attend school is to be disregarded when considering whether an offence has been committed, in each case to the extent that any breach or failure is attributable to the direction.

275 Where a temporary closure direction has effect in relation to a registered childcare provider in England, there would be no breach of the duty of a local authority to secure free early years provision under section 7 of the Childcare Act 2006, or of the Secretary of State’s duty to secure 30 hours’ free childcare under section 1 of the Childcare Act 2016. Her Majesty’s Chief Inspector of Education, Children’s Services and Skills must take the direction into account when dealing with any allegation that a registered childcare provider to which the direction applies has failed to meet any requirement specified under section 39(1)(a) or (b) of the Childcare Act 2006.

276 Where a temporary closure direction has effect in relation to a registered childcare provider in Wales, there is no breach of the duty of a local authority to secure sufficient provision of nursery education under section 118 of the School Standards and Framework Act 1998 nor of the duty of Welsh Ministers under section 1(1) of the Childcare Funding (Wales) Act 2019 to provide funding for childcare of working parents.

277 The Welsh Ministers must also, in exercising functions under Part 2 of the Children and Families (Wales) Measure 2010, take the direction into account when dealing with any allegation that a registered childcare provider to which the direction applies has failed to meet any requirement specified under section 30(3) of that Measure.

278 The Secretary of state or Welsh Ministers respectively may authorise that a local authority exercise their functions with regards to the making of a temporary closure direction.

279 Temporary closure directions must be published by the Secretary of State or Welsh Minister respectively

280 The territorial extent and application of Part 1 of the Schedule is England and Wales.

Part 2 - Scotland

281 Clause 34(2) and Part 2 of Schedule 15 confer on the Scottish Ministers the power to direct the temporary closure of all or part of specified educational establishments in Scotland, including local authority schools, independent schools, further education institutions, higher education institutions and registered childcare providers.

282 Under these provisions a relevant authority must have regard to any advice relating to coronavirus from the Chief Medical Officer of the Scottish Administration. "Relevant authority" in this context means a relevant operator of an educational establishment, a relevant manager of school boarding accommodation, or a relevant manager of student accommodation. Before giving a direction under Part 2 of Schedule 15, the Scottish Ministers must also have regard to any such advice of the Chief Medical Officer and must be satisfied that giving the direction is a necessary and proportionate action in response to the incidence or transmission of coronavirus.

283 Paragraph 8(1) of Schedule 15 confers a power on the Scottish Ministers to give an "educational closure direction" to the relevant operator or operators of one or more named educational establishments, all educational establishments in Scotland or any part of Scotland, or educational establishments of a particular description in Scotland or any part of Scotland, to require the relevant operator to take reasonable steps to restrict access to that establishment for a specified period.

284 The direction may further provide that a failure to comply with any statutory duty or time limit imposed under any enactment or rule of law relating to education be disregarded to the extent that it is attributable to an educational closure direction. Paragraph 13(3) requires that a direction in these terms will be subject to review every 21 days.

285 An educational closure direction may include further provision as set out in paragraph 8(4). An educational closure direction can relate to specific steps to be taken, specified persons, specified premises or parts of premises, attendance for specified purposes, be framed in relation to relevant matters, or can be general.

286 "Relevant operator" in relation to a school means an education authority (in the case of a public school under the management of the authority), the managers of a grant-aided school, or the proprietor of an independent school. In relation to a further education institution or a higher education institution, it means that institution’s governing body. It includes a person who provides out of school care in a school.

287 Where ELC, other school education or out of school care is provided by a person in premises other than a school, "relevant operator" also includes that person, and any reference to "educational establishment" also includes such premises. Where a child minder provides ELC or out of school care in premises that are mainly used as a private dwelling, any educational closure direction may only apply to the part of the premises in which such care is provided.

288 The Bill also includes provisions for the effect any educational closure direction given by the Scottish Ministers may have on the operation of other education legislation in Scotland.

289 Where an educational closure direction has effect in relation to a school, paragraph 9 of Schedule 15 provides that any failure by an education authority to discharge any duty listed there is to be disregarded to the extent such failure is attributable to an educational closure direction. This also applies to ELC in relation to the premises that they are provided in if this is outside a school. Similar provision is made in respect of duties of education authorities in relation to additional support for learning, and the mandatory amount of ELC.

290 The duty of parents to provide education to their children under section 30(1) of the 1980 Act school is also disapplied in respect of a child who is a pupil at a school in respect of which an educational closure direction has effect, and is unable to attend school regularly because of the direction.

291 Any failure of a child to attend a school in respect of which an educational closure direction has effect is to be disregarded for the purposes of section 35 of the 1980 Act, to the extent the failure is attributable to the direction.

292 Power is conferred on Scottish Ministers under paragraph 10 of Schedule 15 to give a "boarding accommodation closure direction" to the relevant manager or managers of one or more named school boarding establishments, all school boarding establishments in Scotland or any part of Scotland, or school boarding establishments of a particular description in Scotland or any part of Scotland.

293 A boarding accommodation closure direction given in respect of a school boarding establishment can require a relevant manager to take reasonable steps to restrict access to that establishment for a specified period; or to provide for pupils for whom boarding accommodation is provided to be confined there for a specified period.

294 Under paragraph 10(3), a boarding accommodation closure direction may provide that a failure to comply with any statutory duty or time limit imposed under any enactment or rule of law relating to education be disregarded to the extent that it is attributable to a boarding accommodation closure direction. Paragraph 13(3) specifies that a direction in these terms must be reviewed every 21 days.

295 A boarding accommodation closure direction can make further provision in terms of paragraph 10(4). A boarding accommodation closure direction can relate to specific steps to be taken, specified persons, specified premises or parts of premises, attendance for specified purposes, be framed in relation to relevant matters, or can be general,

296 Paragraph 11(1) confers a power on the Scottish Ministers to give a "student accommodation closure direction" to the relevant manager or managers of one or more named student accommodation premises, all student accommodation premises in Scotland or any part of Scotland, or student accommodation premises of a particular description in Scotland or any part of Scotland.

297 A student accommodation closure direction given in respect of student accommodation premises can require a relevant manager of student accommodation premises to take reasonable steps to restrict access to those premises for a specified period; or can provide for students for whom student accommodation is provided to be confined there for a specified period.

298 Under paragraph 11(3), a student accommodation closure direction may further provide that a failure to comply with any statutory duty or time limit imposed under any enactment or rule of law relating to education be disregarded to the extent that it is attributable to a student accommodation closure direction. A direction in these terms must be reviewed every 21 days, under paragraph 13(3).

299 A student accommodation closure direction can relate to specific steps to be taken, specified persons, specified premises or parts of premises, attendance for specified purposes, be framed in relation to relevant matters, or can be general.

300 Paragraph 12(1) requires a relevant authority to comply with a direction under Part 2 of Schedule 15. A relevant authority must also have regard to any guidance given by the Scottish Ministers about how to comply with a direction. If a relevant authority fails to comply with a direction, paragraph 12(3) allows the Scottish Ministers to enforce the direction by an application for a court order for interdict or specific implement. The Scottish Ministers do not need to give notice to the relevant authority before applying for a court order.

301 Paragraph 13(1) requires the Scottish Ministers to publish a direction under Part 2 of Schedule 15. A direction remains in force until the end of the period specified in the direction or until revoked by a further direction (whichever is the earlier).

302 The extent and application of Part 2 of the Schedule is Scotland only.

Part 3 – Northern Ireland

303 These provisions give the Department of Education in Northern Ireland (‘the Department’) the power to direct the managers of particular schools, or schools in general, to close during a covid-19 outbreak.

304 A duty is placed on the managers of a school, which is subject to a temporary closure direction, to have regard to any guidance issued by the Department about how to comply with a temporary closure direction. Temporary closure directions must be published.

305 A temporary closure direction can be enforced, on application by the Department, by injunction. No notice needs to be given to the managers of a school of such an application.

306 The following duties are relaxed for the period of the temporary closure direction: the current duty on parents to secure education of their children; the duty on managers of schools to provide milk and meals; the duty on the managers of schools to admit a child who is the subject of an attendance order; the duty on parents to ensure their children regularly attend school; and the duty on the Education Authority to make exceptional education provision for children who require it.

307 These provisions also give a power to the Department for the Economy in Northern Ireland (‘the Department’) to direct further education colleges and higher education institutions (‘relevant institutions’) in Northern Ireland to close.

308 The Department is given the power to direct all relevant institutions in Northern Ireland, or particular relevant institutions, to close in the event of an outbreak of covid-19. The Department must consult with the Chief Medical Officer in Northern Ireland or, the CMO’s absence, the Deputy Chief Medical Officer before making such a direction.

309 Under a temporary closure direction, the governing bodies of relevant institutions must take all reasonable steps to ensure that no persons are in attendance at premises of the institution for the duration of a temporary closure direction.

310 The provisions also give the Department the power to issue temporary closure directions to registered day care providers and childminders (childcare providers) in the event of a covid-19 pandemic. This requires the affected childcare providers to take reasonable steps to ensure that persons do not attend their premises for any purpose relating to childcare for the period of time set out in the direction.

311 The provisions allow the Department to specify, in any temporary closure direction: any steps required to be taken by the childcare provider; the persons affected by restrictions in attendance at the premises; and the purposes for which attendance is restricted.

312 The Department is required to publish any temporary closure direction and a temporary closure direction would apply until either the end of the period specified in in the direction, or the revocation of the direction by a further Departmental direction issued before that date.

313 Registered childcare providers are required to have regard to any guidance issued by the Department in relation to compliance with temporary closure directions.

314 The Department has a power to enforce a temporary closure direction by way of an injunction. An application for an injunction may be made without notice.

315 Provision is made, where or a temporary closure direction is in place, for duties which an authority is required to discharge in respect of children in need by Article 19(2) or (5) of the Children (Northern Ireland) Order 1995 to be disregarded for the duration of the application of the temporary closure direction.

316 The extent and application of these Part 3 of the Schedule is Northern Ireland only.

317 The extent and application of the clause is England and Wales, Scotland and Northern Ireland.

Clause 36 and Schedule 16: Temporary continuity: education, training and childcare

Part 1 - England and Wales

318 The clause and Schedule allow the Secretary of State and Welsh Ministers the power to make directions in connection with the running of the education and registered childcare systems in England and Wales.

319 It allows the Secretary of State and Welsh Ministers to direct that relevant institutions, which include registered childcare providers, schools, 16-19 academies and further and higher education providers stay open or re-open and admit specified persons for the purposes of the receipt of education, training, childcare or ancillary services or facilities. It also allows a direction that other reasonable steps are taken for those purposes.

320 The Secretary of State may authorise a local authority to issue a temporary continuity direction in relation to a registered childcare provider, a school or 16-19 academy in its area, in England, and may authorise the Office for Students to issue a temporary continuity direction in relation to a higher education provider in England

321 The clause further allows the Secretary of State, by notice, to disapply and modify, for a maximum period of one month, certain specified legislative requirements or restrictions relating to education or childcare, and any similar provision found in academy arrangements. Any such notice must be published, and other reasonable steps must be taken to bring the notice to the attention of those affected by it.

322 The territorial extent and application of this clause and Part 1 of the Schedule is England and Wales

Part 2 - Scotland

323 Clause 36(2) and Part 2 of Schedule 16 confer on the Scottish Ministers powers to make directions in connection with the running of educational establishments in Scotland. Part 2 applies to Scotland only.

324 Under paragraph 10(1), a relevant operator of an educational establishment is under a duty to have regard to any advice relating to coronavirus from the Chief Medical Officer of the Scottish Administration. Before issuing a direction under paragraph 11, the Scottish Ministers must also have regard to such advice and must be satisfied that the giving of the direction is a necessary and proportionate action for or in connection with the continued provision of education.

325 Paragraph 11(1) provides that the Scottish Ministers may give an educational continuity direction to one or more named educational establishments in Scotland, to all educational establishments in Scotland or any part of Scotland, or to educational establishments in Scotland of a particular description.

326 Paragraph 11(2) defines an educational continuity direction as a direction relating to the continuing operation of an educational establishment for a specified period.

327 Paragraph 11(3) provides that an educational continuity direction may provide that any failure to comply with a duty or time limit imposed under any enactment or rule of law relating to education is to be disregarded where an educational continuity direction is in force. A direction in these terms must be reviewed every 21 days (under paragraph 13(4)).

328 Paragraph 11(4) provides that an educational continuity direction may confer additional functions on a relevant operator relating to the provision of early learning and childcare, schools education, further education or higher education; the provision of related services (for example, out of school care); or the use of the operator’s premises for the purpose of protecting public health. Further provision on the types of matters that may be specified in an educational continuity direction are set out in subparagraph (4)(b) to (m). This includes requiring an educational establishment to open, stay open or re-open; requiring a relevant operator to allow people (who would not otherwise attend) to attend an establishment under that operator’s management; requiring measures to ensure hygiene standards be put in place; and requiring the alteration of term dates, holiday dates or exam dates.

329 Paragraph 11(5) defines "relevant operator", "relevant premises" and "specified" for the purposes of Part 2 of Schedule 15.

330 Paragraph 12(1) provides that a relevant operator must comply with an educational continuity direction. Enforcement of compliance is by way of an application by the Scottish Ministers for an interdict or specific implement.

331 Paragraph 12(2) provides that the Scottish Ministers may issue guidance in relation to compliance with their functions under this Part, and a relevant authority must have regard to any such guidance.

332 Paragraph 13(1) requires Ministers to publish an educational continuity direction. A direction has effect for the period specified in it, or until revoked by a further direction.

333 The extent and application of these provisions is Scotland only.

Part 3 –Northern Ireland

334 The provisions give the Department of Education (DE) the power to issue a direction to the Education Authority or schools. This direction is called a Temporary Continuity Direction.

335 A temporary continuity direction is one which insists that the body (or bodies) named in the direction should take such action as DE considers appropriate in connection with the provision of education or any services that DE specifies are in relation to educational services.

336 DE must have regard to advice from the Chief Medical Officer (or his deputies) prior to the issue of a direction under this provision. DE must also be satisfied that the direction must be necessary and proportionate and lead to action that allows the continuation of education in NI at the time of a covid-19 outbreak.

337 Schedule 16 describes the kind of information that can be included in a Temporary Continuity Direction.

338 The body named in a direction must consider DE advice on how to meet the terms of the direction.

339 DE has a duty to publish all directions.

340 Should the body named in a direction (be that the EA or a school or schools) not comply, in the opinion of DE, with the terms of a direction then DE has the power to apply to a court for an injunction to enforce the direction.

341 Should DE apply for an injunction against any body it does not have to inform the body prior to the application.

342 Should a direction include an alteration of term dates or holiday dates, this clause allows for a relaxation of schools’ duties in relation to these dates.

343 The provisions also give the Department for the Economy ("the Department") the power to issue a Temporary Continuity Direction to further education colleges or higher education institutions.

344 A temporary continuity direction is one which requires the institutions named in the direction to take such action as the Department considers appropriate in connection with the provision of further and higher education or any services that the Department specifies are in relation to educational services.

345 The Department must have regard to advice from the Chief Medical Officer (or his deputies) prior to the issue of a direction under this provision. The Department must also be satisfied that the direction must be necessary and proportionate and lead to action that allows the continuation of education in NI at the time of a covid-19 outbreak.

346 The Department has a duty to publish all directions. Should the institutions named in a direction not comply with the terms of a direction then the Department has the power to apply to a court for an injunction to enforce the direction. Should the Department apply for an injunction against any body it does not have to inform the body prior to the application.

347 The extent and application of these provisions is Northern Ireland only.

348 The extent and application of the clause is England and Wales, Scotland and Northern Ireland.

Clause 37: Statutory Sick Pay: Funding of employers’ liabilities

349 This clause inserts a new section 159B in the Social Security Contributions and Benefits Act 1992, providing for a power in relation to the funding of additional employer liabilities for Statutory Sick Pay ("SSP") incurred as a result of the Covid-19 outbreak. Qualifying employers would therefore receive a specified rebate for SSP payments made for a specified period. It will allow the Secretary of State to make regulations regarding the recovery from HMRC of additional payments of SSP by qualifying employers for absences related to covid-19. . The regulations may in particular control the levels of rebate, to whom the rebate is paid, and the period for which the rebate will be available. As the situation changes with regard to the virus, it might be considered appropriate to extend the rebate to larger businesses. Also, it might become necessary to increase, or decrease, the amount of the rebate payable. This will be achievable using the new regulation making power.

350 The territorial extent and application of this clause is England and Wales and Scotland.

Clause 38: Statutory sick pay: power to disapply waiting period limitation

351 This clause enables the Secretary of State to make regulations which can disapply section 155(1) of the Social Security Contributions and Benefits Act 1992 in relation to an employee whose incapacity for work is related to covid-19. This means that the regulations can be used to temporarily suspend waiting days for those employees who are absent from work due to covid-19.

352 The territorial extent and application of this clause is England and Wales and Scotland.

Clause 39: Statutory sick pay: modification of regulation making powers

353 This clause amends section 151 of the Social Security Contributions and Benefits Act 1992 to include a provision that the Secretary of State may make regulations referring to guidance issued by Public Health England, National Health Services Scotland and Public Health Wales in determining whether an employee should be deemed to be incapable of work by reason of covid-19, for example because the employee is self-isolating.

354 The territorial extent and application of this clause is England and Wales and Scotland.

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

355 This clause inserts a new section 154B in the Social Security Contributions and Benefits (Northern Ireland) Act 1992. It provides for a power in relation to the funding of additional employer liabilities for SSP incurred as a result of the Covid-19 outbreak. Qualifying employers would therefore receive a specified rebate for SSP payments made for a specified period. It will allow the Secretary of State to make regulations regarding the recovery from HMRC of additional payments of SSP by qualifying employers for absences related to covid-19. The regulations may in particular control the levels of rebate, to whom the rebate is paid, and the period for which the rebate will be available. As the situation changes with regard to the virus, it might be considered appropriate to extend the rebate to larger businesses. Also, it might become necessary to increase, or decrease, the amount of the rebate payable. This will be achievable using the new regulation making power.

356 The territorial extent and application of this clause is Northern Ireland.

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

357 This clause enables the Secretary of State to make regulations which can disapply section 151(1) of the Social Security Contributions and Benefits Act (Northern Ireland) Act 1992 in relation to an employee whose incapacity for work is related to covid-19. This means that the regulations can be used to temporarily suspend waiting days for those employees who are absent from work due to covid-19.

358 The territorial extent and application of this clause is Northern Ireland.

Clause 42: Statutory sick pay: modification of regulation making power: Northern Ireland

359 This clause amends section 147 of the Social Security Contributions and Benefits Act (Northern Ireland) Act 1992 to include a provision that the Secretary of State may make regulations referring to guidance issued by the Regional Agency for Public Health and Social Well-being, Public Health England, National Health Services Scotland and Public Health Wales in determining whether an employee should be deemed to be incapable of work by reason of covid-19, for example because the employee is self-isolating.

360 The territorial extent and application of this clause is Northern Ireland.

Clause 43: NHS Pension Schemes: suspension of restrictions on return to work: England and Wales

361 This clause omits certain regulations that provide for pension abatement and suspension so as to enable individuals already in receipt of their NHS pension to return to work, or increase their working capacity if they have already returned, without facing either suspension or abatement of their pension.

362 Regulation S1 of the National Health Service Pension Scheme Regulations 1995 (S.I 1995/300) ("the 1995 NHS Pension Regulations") requires a member’s pension benefits to be suspended if they return to NHS employment and commit to more than 16 hours per week within one month of the pension becoming payable.

363 Subsection (1)(a) omits regulation S1 so that a member who has recently retired from the NHS and elects to immediately return at a capacity of above 16 hours per week will not have their pension suspended.

364 Subsection ((1)(b) omits the reference to Regulation S2(1A)(c) in paragraph (3) of regulation S2 of the 1995 NHS Pension Regulations. Regulation S2(1A)(c) applies to members who are "special class officers". Special class officers are able to access their pension benefits at age 55 rather than 60. If a special class officer in receipt of benefits returns to work before the age of 60, they will have their pension abated in accordance with regulation S2(3) of the 1995 NHS Pension Regulations. Removing the reference to Regulation S2(1A)(c) in regulation S2(3) will allow special class officer members to return to NHS work, or increase their working commitment if they have already returned without having their pension abated.

365 The National Health Service Pension Regulations 2008 (S.I. 2008/653) ("the 2008 NHS Pension Regulations") and the National Health Service Pension Regulations 2015 (S.I. 2015/94) ("the 2015 NHS Pension Regulations") make provision for the partial retirement of members. Members exercising this option are able to draw down a portion of their pension on the condition that they reduce their pensionable pay (or level of commitment to the NHS) by at least 10%.

366 Subsection (2) omits regulation 2.D.6(2)(a) (abatement of pension following increase in pensionable pay) and regulation 3.D.6(2)(a) (abatement of pension following increase in engagement in employment) of the 2008 NHS Pension Regulations and subsection (3) omits regulation 86(3) of the 2015 NHS Pension Regulations. Those regulations provide that a member will have their pension abated in full if the terms of the member’s employment change and their level of pay increases within 12 months of the member electing to draw down their pension.

367 The clause amends the 1995 NHS Pensions Regulations, the 2008 NHS Pensions Regulations and the 2015 NHS Pensions Regulations, all of which extend to England and Wales and so the clause similarly extends and applies to England and Wales

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

368 This clause omits in respect of Scotland certain regulations that provide for pension abatement and suspension so as to enable individuals already in receipt of their NHS pension to return to work, or increase their working capacity if they have already returned without facing either suspension or abatement of their pension. The regulations omitted are the nearest Scottish equivalent regulations to those omitted as regards England and Wales by clause 43.

369 The extent and application of the clause is Scotland.

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

370 The extent and application of the clause is Northern Ireland.

 

Prepared 18th March 2020