Coronavirus Bill

Commentary on provisions of Bill

Part 1: Main Provisions

Clause 1: Meaning of "coronavirus" and related terminology

170 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

171 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.

172 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.

173 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.

174 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.

175 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.

176 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.

177 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.

178 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).

179 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.

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

Clause 2 and Schedule 2: Emergency arrangements concerning medical practitioners: Wales

181 The clause and Schedule modifies the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 to support the fast deployment of temporarily registered health care workers by the NHS. The modifications permit medical 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 Local Health Board provided that they have made an application to the Local Health Board and the Local Health Board has not refused or deferred that application.

182 Provision is also made to ensure necessary associated contractual changes to the National Health Service (General Medical Services Contract) (Wales) Regulations 2004.

183 The territorial extent is England and Wales and the application is Wales.

Clause 4 and Schedule 3: Emergency arrangements concerning medical practitioners: Scotland

184 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 healthcare 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.

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

186 The territorial extent and application of this clause and Schedule is Scotland.

Clause 5 and Schedule 4: Emergency registration of and extension of prescribing powers for pharmaceutical chemists: Northern Ireland

187 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 in Northern Ireland 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.

188 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.

189 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.

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

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

Clause 6 and Schedule 5: Emergency registration of social workers

192 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.

193 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.

194 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.

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

Clause 7 and Schedule 6: Temporary registration of social workers: Scotland

196 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, 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.

197 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 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. Applications for temporary registration can also be considered from 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 who are of good character and satisfy any requirements for competence and conduct.

198 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.

199 Clause 6 and Schedule 5 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.

200 The territorial extent and application of this clause and Schedule is Scotland.

Clause 8 and Schedule 7: Emergency volunteering leave

201 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").

202 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 exempt workers.

203 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.

204 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.

205 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.

206 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.

207 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 9: Compensation for emergency volunteers

208 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.

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

Clause 10 and Schedules 8,9,10 and 11: Temporary modification of mental health and mental capacity legislation

210 This clause gives effect to Schedules 8, 9, 10 and 11 which make temporary modifications to mental health and mental capacity legislation in England and Wales, Scotland and Northern Ireland.

England and Wales

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

212 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.

213 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.

214 Paragraphs 5 to 8 provides for patients involved in the criminal justice system.

a. 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.

b. 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.

c. 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.

d. 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.

215 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.

216 Paragraphs 11 to 13 contain transitional provisions.

Scotland

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

a. The modification of forms that are used in connection with the 2003 Act 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 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, the 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 Approved Medical Practitioner, 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) of the 2003 Act 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 within that period or as soon as practicable after the end of 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 the 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.

Northern Ireland

218 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.

219 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 2016 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 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.

220 The territorial extent and application of this clause is England and Wales, Scotland and Northern Ireland. The territorial extent and application of Schedule 7 is England and Wales, the territorial extent and application of Schedule 8 is Scotland and the territorial extent and application of Schedule 9 and 10 is Northern Ireland.

Clause 11: Indemnity for health service activity: England and Wales

221 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.

222 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.

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

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

Clause 12: Indemnity for health service activity: Scotland

225 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 the Welsh Ministers can provide indemnities. The Scottish Ministers also have powers to make arrangements authorising another person to provide such indemnity.

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

Clause 13: Indemnity for health and social care activity: Northern Ireland

227 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 the Welsh Ministers can provide indemnities. The Department also have powers to make arrangements authorising another person to provide such indemnity.

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

Clause 14: NHS Continuing Healthcare assessments: England

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

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

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

Clause 15 and Schedule 12: Local authority care and support

232 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.

233 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 section 53 of the SSWWA unless a financial assessment has been carried out.

234 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

235 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.

236 Local Authorities are permitted to provide urgent care to individuals without a full Care Act 2014 or SSWWA assessment, and without a financial assessment, and to prioritise the provision of care and support.

237 The territorial extent of 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 16: Duty of local authority to assess needs: Scotland

238 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.

239 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.

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

Clause 17: Section 16: further provision

241 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.

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

Clause 18 and Schedule 13: Registration of deaths and still-births etc

243 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

244 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.

245 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.

246 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 as 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.

247 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).

248 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.

249 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

250 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.

251 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.

252 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.

Part 3 - Northern Ireland

253 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).

254 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.

255 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.

256 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.

257 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.

258 A doctor who signs the MCCD can send this electronically directly to the registrar.

259 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.

260 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.

261 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 19: Confirmatory medical certificate not required for cremations: England and Wales

262 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.

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

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

Clause 20 and Schedule 14: Review of cause of death certificates and cremations: Scotland

265 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.

266 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 that Act once the provisions have been re-instated.

267 The territorial extent and application of the clause and Schedule is Scotland.

Clause 21: Modifications of requirements regarding medical certificates for cremations: Northern Ireland

268 The clause 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. To remove 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.

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

Clause 22: Appointment of temporary Judicial Commissioners

270 This clause creates a regulation-making power to modify section 227(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.

271 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.

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

Clause 23: Time limits in relation to urgent warrants etc under Investigatory Powers Act

273 This clause creates a regulation- making power to modify the relevant sections in the Investigatory Powers Act 2016 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.

274 Regulations made under this clause can extend the "relevant period" to no more than 12 days 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.

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

Clause 24: Fingerprints and DNA profiles

276 The clause confers a regulation-making power on the Secretary of State to ensure that the impact that Covid-19 is anticipated to have on the resources of the police does not lead to the loss of fingerprints and DNA profiles that would otherwise be retained for national security purposes.

277 The clause permits the Secretary of State to make regulations to extend the periods for which fingerprints and DNA profiles may be retained for the purposes of national security.

278 Subsection (1) provides that the clause applies to fingerprints and DNA profiles that are retained in accordance with a national security determination, under the provisions that are listed in subsection (1)(b), or that are retained before being destroyed in accordance with the provisions that are listed in subsection (1)(c).

279 Subsection (2) confers a power on the Secretary of State allowing him or her to make regulations to extend, for up to six months, the period for which the fingerprints and DNA profiles may be retained.

280 Subsection (3) provides that the Secretary of State may exercise the power under subsection (2) only if he or she considers:

a. that Covid-19 is having, or is likely to have, an adverse effect on the capacity of persons responsible for making national security determinations to consider whether to make, or renew, national security determinations, and

b. it is in the interests of national security to retain the fingerprints or DNA.

281 Subsection (4) provides that the power under subsection (2) may be exercised on more than one occasion. However it also provides that the power cannot be exercised so as to extend the period for which any fingerprints or DNA profile may be retained by more than 12 months.

282 Subsection (5) provides that the power under subsection (2) may be exercised only in relation to fingerprints and DNA profiles which (ignoring the possibility of an extension otherwise than by regulations under that subsection) would fall to be destroyed within the period of 12 months beginning with the day on which this Act is passed. This subsection ensures that the regulations cannot be used to provide for the retention of material that does not fall to be destroyed outside of this period.

283 Subsection (6) provides that before making regulations under this section, the Secretary of State must first consult the Commissioner for the Retention and Use of Biometric Material.

284 Subsection (7) provides that if the Secretary of State has not exercised the power under subsection (2) within 3 months of the date on which the Act is passed, section 23 ceases to have effect.

285 Subsection (8) provides that any regulations under subsection (2) may make different provision for different purposes, and may make consequential, supplementary or transitional provision.

286 Subsection (9) provides that the regulations under subsection (2) will be subject to the negative Parliamentary procedure.

287 Subsection (10) provides definitions of the terms "DNA profile", "fingerprints" and "national security determination" used in section 23.

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

Clause 25: Power to require information relating to food supply chains

289 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.

290 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.

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

a. 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

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

292 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.

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

Clause 26: Authorities which may require information

294 This clause provides for the power under clause 23 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.

295 Devolved Administrations’ ability to exercise the power at clause 23 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 under clause 23, 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.

296 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).

297 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.

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

Clause 27: Restrictions on use and disclosure of information

299 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 clause 23.

300 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 subsection (1).

301 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.

302 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.

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

Clause 28 and Schedule 15: Enforcement of requirement to provide information

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

305 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.

306 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).

307 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.

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

Clause 29: Meaning of "food supply chain" and related expressions

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

310 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.

311 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.

312 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.

313 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).

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

Clause 30: Suspension of requirement to hold inquest with jury: England and Wales

315 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.

316 Clause 28 modifies 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.

317 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.

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

Clause 31: Suspension of requirement to hold inquest with jury: Northern Ireland

319 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.

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

Clause 32: Deaths in custody from natural illness: Northern Ireland

321 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.

322 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.

323 Section 13 of the Coroners Act (Northern Ireland) 1959 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.

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

Clause 33: Disapplication etc by Welsh Ministers of DBS provisions

325 The scope of this power is limited to the single issue of modifying or disapplying requirements about DBS checks in relation to regulations governing social care service providers and independent health care providers in Wales where there are requirements relating to vetting procedures for staff before they are permitted to start work. The provision requires the Welsh Ministers to issue a notice and to include on the notice a statement of why the notice is appropriate and proportionate should such DBS check requirements be modified or disapplied.

326 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 outbreak. 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 covid-19 outbreak.

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

Clause 34: Temporary disapplication of disclosure offences: Scotland

328 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 Protecting Vulnerable Groups (PVG) disclosure check in advance.

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

Clause 35: Power to reclassify certain disclosure requests: Scotland

330 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.

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

Clause 36: Vaccination and immunisation: Scotland

332 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.

333 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.

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

Clause 37 and Schedule 16: Temporary closure of educational institutions and childcare premises

Part 1 – England and Wales

335 This clause and Part 1 of the Schedule confer on the Secretary of State and the 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.

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

337 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.

338 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.

339 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,

340 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.

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

342 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.

343 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.

344 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 the Welsh Ministers under section 1(1) of the Childcare Funding (Wales) Act 2019 to provide funding for childcare of working parents.

345 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.

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

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

Part 2 - Scotland

348 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.

349 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 the Schedule, 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.

350 Paragraph 8(1) of the Schedule 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.

351 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(4) of the Schedule requires that a direction in these terms will be subject to review every 21 days.

352 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.

353 "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.

354 Where Early Learning and Childcare ("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.

355 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.

356 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.

357 The duty of parents to provide education to their children under section 30(1) of the Education (Scotland) Act 1980 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.

358 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 Education (Scotland) Act 1980, to the extent the failure is attributable to the direction.

359 Power is conferred on the Scottish Ministers under paragraph 10 of the Schedule 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.

360 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.

361 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(4) specifies that a direction in these terms must be reviewed every 21 days.

362 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,

363 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.

364 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.

365 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(4).

366 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.

367 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.

368 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).

Part 3 – Northern Ireland

369 Paragraph 14 of the Schedule gives the Department of Education in Northern Ireland ("the DE") the power to direct the managers of particular schools, or schools in general, to close during a Covid-19 outbreak.

370 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 DE about how to comply with a temporary closure direction. Temporary closure directions must be published.

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

372 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.

373 Paragraph 15 of the Schedule gives a power to the Department for the Economy in Northern Ireland to direct further education colleges and higher education institutions (‘relevant institutions’) in Northern Ireland to close.

374 The Department for the Economy in Northern Ireland 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. It must consult with the Chief Medical Officer in Northern Ireland or, in the Chief Medical Officer’s absence, the Deputy Chief Medical Officer before making such a direction.

375 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.

376 Paragraph 16 of the Schedule also gives the Department of Health in Northern Ireland 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.

377 It allows the Department of Health in Northern Ireland 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.

378 The Department of Health in Northern Ireland 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.

379 Registered childcare providers are required to have regard to any guidance issued by the Department of Health in Northern Ireland in relation to compliance with temporary closure directions.

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

381 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.

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

Clause 38 and Schedule 17: Temporary continuity: education, training and childcare

Part 1 - England and Wales

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

384 It allows the Secretary of State and the 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.

385 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. The Welsh Ministers have similar powers in relation to Wales.

386 The clause further allows the Secretary of State and the Welsh Ministers, 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 as applicable. 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.

Part 2 - Scotland

387 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.

388 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.

389 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.

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

391 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)).

392 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.

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

394 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.

395 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.

396 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.

Part 3 –Northern Ireland

397 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.

398 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.

399 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.

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

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

402 DE has a duty to publish all directions.

403 Should the body named in a direction (be that the Education Authority 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.

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

405 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.

406 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.

407 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.

408 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 Northern Ireland at the time of a Covid-19 outbreak.

409 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.

410 The Department of Health in Northern Ireland may also give temporary continuity directions that apply to registered day care providers and childminders under paragraph 16 of the Schedule.

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

Clause 39: Statutory Sick Pay: Funding of employers’ liabilities

412 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.

413 There are penalties for employers who make fraudulent claims or who fail to keep the records required to support a claim.

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

Clause 40: Statutory sick pay: power to disapply waiting period limitation

415 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.

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

Clause 41: Statutory sick pay: modification of regulation making powers

417 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.

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

Clause 42: Statutory sick pay: funding of employers’ liabilities: Northern Ireland

419 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.

420 There are penalties for employers who make fraudulent claims or who fail to keep the records required to support a claim.

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

Clause 43: Statutory sick pay: power to disapply waiting period limitation: Northern Ireland

422 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.

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

Clause 44: Statutory sick pay: modification of regulation making power: Northern Ireland

424 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.

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

Clause 45: NHS Pension Schemes: suspension of restrictions on return to work: England and Wales

426 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.

427 Regulation S1 of the National Health Service Pension Scheme Regulations 1995 ("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.

428 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.

429 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.

430 The National Health Service Pension Regulations 2008 ("the 2008 NHS Pension Regulations") and the National Health Service Pension Regulations 2015 ("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%.

431 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.

432 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 46: NHS pension schemes: suspension of restrictions on return to work: Scotland

433 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.

434 The territorial extent and application of the clause is Scotland.

Clause 47 Health and social care pension schemes: suspension of restrictions on return to work: Northern Ireland

435 This clause omits in respect of Northern Ireland certain regulations that provide for pension abatement and suspension so as to enable individuals already in receipt of their HSC pension to return to work, or increase their working capacity if they have already returned without facing either suspension or abatement of their pension. It has the same effect for Northern Ireland equivalent legislation as outlined as regards England and Wales by clause 43.

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

Clause 48 and Schedule 18: Powers to act for the protection of public health: Northern Ireland

437 This Schedule inserts various provisions as Part 1A into the Public Health Act (Northern Ireland) 1967. It provides a power for the Department of Health in Northern Ireland to make regulations to allow for measures to be introduced to help delay or prevent further transmission of Covid-19, which presents or could present significant harm to human health. References below to "sections" are to the sections of the inserted Part 1A.

438 The Schedule provides powers that enable the Department of Health in Northern Ireland to make regulations for preventing danger to public health from conveyances (or the persons or articles on those conveyances) arriving at any place or for preventing the spread of Covid-19 by conveyances leaving any place. It also provides a power for regulations to give effect to international agreements or arrangements, for example World Health Organisation recommendations. There is also a power to make regulations to prevent, protect against, control or provide a public health response to the incidence or spread of Covid-19 in Northern Ireland.

439 Compulsory medical treatment, including vaccination is excluded from the ambit of the regulation-making powers.

440 Powers are also given to magistrates’ courts to order health measures in relation to people, things and premises. Provision is made in relation to the evidence the Department of Health must make available to the court.

441 Only the Public Health Agency may apply for an order but an affected person, in addition to the Public Health Agency or any other authority with the function of executing or enforcing the order in question, can apply for the order to be varied or revoked.

442 It is an offence to fail to comply, without reasonable excuse, with a restriction or requirement imposed by or under an order of a magistrates’ court or to wilfully obstruct anyone executing the order.

443 The Assembly procedures for making regulations under this Part in different circumstances are set out. Regulations of a kind to which draft affirmative procedure would normally apply may be made and brought into effect immediately if they contain a declaration that the Department of Health in Northern Ireland is of the opinion that it is necessary by reason of urgency for them to be made without a draft being approved under that procedure.

444 There are powers of entry for a person authorised by the Public Health Agency to carry out functions and it is an offence to wilfully obstruct an authorised officer in execution of such powers.

445 Offences are also created for bodies corporate. There is a special extended time limit of up to 3 years for prosecutions for these new offences when certain conditions are met.

446 The territorial extent and application of the clause and the Schedule is Northern Ireland.

Clause 49 and Schedule 19: Health Protection Regulations: Scotland

447 The clause and the Schedule provide the Scottish Ministers with a power to make regulations for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Scotland. The threat can come from inside or outside Scotland.

448 Paragraph 1(3) of the Schedule gives examples of particular provisions which might be made. For example, the regulations could impose restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health. This includes "special requirements", which are defined at paragraph 4 and include (amongst other things) requiring a person to submit to medical examination, be detained to a hospital or other suitable establishment and be kept in isolation or quarantine. The ability to make provision in relation to these types of measures is considered necessary in the context of a widespread Covid-19 outbreak. Special requirements also include requirements relating to seizure and disinfection of things and the closing and disinfecting of premises.

449 The following measures are not regarded as special restrictions or requirements: a requirement to keep a child away from school; a restriction on the holding of an event; or a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains.

450 Paragraphs 2 and 3 restrict how the power under paragraph 1 can be used. Paragraph 2 puts in place restrictions to ensure that any restrictions or requirements authorised by the regulations will be used proportionately. In particular, paragraph 2(3) prohibits regulations from enabling the imposition of a special restriction or requirement unless certain conditions are met. Those conditions are that there is a serious and imminent threat to public health when the regulations are made or the decision to impose the restrictions or requirements is expressed in the regulations to be contingent on there being such a threat at the time the decision to impose them is made. Paragraph 3 makes clear that the regulations could not be used to make a person undergo medical treatment (including vaccination).

451 Paragraph 5 makes further provision about the regulations. For example, it provides that the regulations can create offences and can provide for appeals and reviews of decisions taken under the regulations. It also sets out the maximum penalties which can be imposed if offences are created. Paragraphs 5(5) and 5(6) also set out particular requirements in relation to appeals and reviews of a decision which imposes a special restriction or requirement.

452 Paragraph 6 provides that the procedure for regulations made under paragraph 1 will be the affirmative procedure, unless the Scottish Ministers consider that the regulations need to be made urgently. If they do, an emergency procedure applies. This is considered necessary to ensure that the Scottish Ministers can make regulations quickly in response to a Covid-19 outbreak.

453 The territorial extent and application of the clause and the Schedule is Scotland.

Clause 50 and Schedule 20: Power to suspend port operations

454 The clause makes provision for the conferral of powers on the Secretary of State in relation to the suspension of port operation. The detail of the provisions is set out in the Schedule.

455 Paragraph 1 of the Schedule provides for the Secretary of State to give a written direction to a person concerned in the management of a port arrival (an airport, seaport or international rail terminal) in the UK which requires them to suspend such operations that are specified in the direction. There is a high threshold for the use of the power. Paragraph 1(2) establishes the conditions which must exist before the Secretary of State may give a direction, namely that the Secretary of State must consider that there is real and significant risk that, due to the incidence or transmission of Covid-19, there are, or will be insufficient Border Force resources available to maintain adequate border security and that, before making a direction, the Secretary of State must have taken all reasonably practicable measures to mitigate the risk. Paragraph 1(3) sets out the details which must be specified in any direction, namely the operator, the specific port operations which are to be suspended, the time at which the direction comes into effect and the duration of the suspension period and any incidental arrangements.

456 Paragraph 2 makes provision for the duration of the suspension such that the initial suspension period may last for no longer than six hours and may be extended by notice for a further six hours, subject to the conditions in paragraph 1(2) continuing to be met. Thereafter, the suspension period may be extended for further periods of up to 12 hours on each occasion subject to the same conditions.

457 Paragraph 3 provides that, where a direction has been issued under paragraph 1, the Secretary of State may also issue a consequential written direction to other specified parties to make arrangements, or take steps, which are appropriate in connection with the primary direction. For example, where an airport operator had been directed to suspend operations necessary to process arriving passengers and their baggage, a consequential direction may be issued to NATS, as an air navigation service provider, to require that arriving flights are diverted to an alternative port of arrival.

458 Paragraph 3 also establishes the details which must be specified in a direction and provides examples of the types of things that may be included, such as a period of time for which the direction is to remain in effect.

459 Paragraph 4 requires the Secretary of State to notify the relevant Ministers in the Devolved Administrations when a direction or notice is issued.

460 Paragraph 5 gives the Secretary of State a power to revoke a direction or notice. This ensures that, in the event that the risk to border security reduces to the extent that it is no longer necessary for port operations to remain suspended, any direction or notice may be cancelled before it expires.

461 Paragraph 6 makes provision for an offence for failing to comply with a direction under this section without reasonable excuse and sets the level of penalties where a person is guilty of an offence under this paragraph.

462 Paragraph 7 sets out the interpretation of various terms used in the clause and the Schedule.

463 Paragraph 8 establishes that the provisions bind the Crown.

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

Clause 51 and Schedule 21: Powers relating to potentially infectious persons

465 The clause and Schedule confer certain powers on public health officers, constables and immigration officers for the purposes of protecting the public from the health risks associated with the Covid-19.

466 The provisions will apply in relation to England, Scotland, Wales and Northern Ireland, respectively, where the relevant authority for that territory is of the view that there is a serious and imminent threat to public health due to the incidence or transmission of the Covid-19, and that the exercise of the powers will be an effective means of delaying or preventing significant further transmission of the virus; and has made a declaration to that effect. The relevant authorities are: for England, the Secretary of State; for Scotland, the Scottish Ministers; for Wales, the Welsh Ministers; and for Northern Ireland, the Department of Health in Northern Ireland.

467 The provisions confer powers on public health officers to require persons to go to suitable place to undergo screening and assessment where they reasonably suspect the person has or may have Covid-19, or has been in an infected area within the 14 days preceding that time. Such persons are referred to in the provisions as "potentially infectious" persons. There are additional powers for public health officers to impose other appropriate restrictions and requirements upon potentially infectious persons where they are necessary and proportionate, such as a requirement to remain in isolation, restrictions on travel, activities and contact with other people. The provisions also confer powers on public health officers and constables to enforce the restrictions and requirements imposed under the schedule.

468 The Schedule also confers certain powers on immigration officers and constables in relation to persons whom they have reasonable grounds to suspect as being potentially infectious. An immigration officer or a constable may direct such a person to go to a place suitable for screening and assessment, or may remove a person to such a place to undergo screening and assessment, or to keep that person there for a time-limited period to be handed over to a public health officer for the same purpose. In exercising their powers under these provisions, immigration officers and constables will be obliged to consult a public health officer, so far as practicable to do so.

469 The Bill will revoke the Health Protection (Coronavirus) Regulations 2020.

470 The territorial extent of the clause and Schedule is England and Wales, Scotland and Northern Ireland. The application of Part 1 of the Schedule is England and Wales, Scotland and Northern Ireland. The application of Part 2 of the Schedule is England. The application of Part 3 of the Schedule is Scotland. The application of Part 4 of the Schedule is Wales. The application of Part 5 of the Schedule is Northern Ireland.

Clause 52 and Schedule 22: Powers to issue directions relating to events, gatherings and premises

471 The clause and Schedule enables the Secretary of State, the Scottish Ministers, the Welsh Ministers and Executive Office in Northern Ireland to restrict or prohibit gatherings or events and to close and restrict access to premises during a public health response period (which is determined by Ministers based on criteria defined in the Schedule).

472 The Secretary of State, the Scottish Ministers, the Welsh Ministers and the Executive Office in Northern Ireland should respectively consult: the Chief Medical Officer or a Deputy Chief Medical Officer; the Chief Medical Officer of the Scottish Administration; the Chief Medical Officer or one of the Deputy Chief Medical Officers for Wales; and the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health in Northern Ireland before making a declaration that starts a public health response period (or revoking any such declaration).

473 Part 2 of the Schedule makes provision for England. The rest of the Schedule makes similar provisions for Scotland, Wales and Northern Ireland.

474 The power to restrict or prohibit gatherings or events may be directed towards the owner or occupier of the premises or anyone involved in holding such an event or gathering. The power to close or restrict access to premises may be directed towards the owner or occupier of the premises, or anyone involved in managing access to and within the premises.

475 The Schedule provides that the Secretary of State, the Scottish Ministers, the Welsh Ministers and the Executive Office in Northern Ireland should respectively have regard to: the advice of the Chief Medical Officer or one of the Deputy Chief Medical Officers; the Chief Medical Officer of the Scottish Administration; the Chief Medical Officer or one of the Deputy Chief Medical Officers for Wales; and the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health in Northern Ireland, before issuing a direction under this power. The Executive Office in Northern Ireland is also required to consult with one of the specified persons before issuing a direction.

476 The territorial extent and application of the clause and the Schedule is England and Wales, Scotland and Northern Ireland, Part 2 of the Schedule applies in England, Part 3 of the Schedule applies in Scotland, Part 4 of the Schedule applies in Wales and Part 5 of the Schedule applies in Northern Ireland.

Clause 53 and Schedule 23: Expansion of availability of live links in criminal proceedings

477 The Schedule amends the Criminal Justice Act 2003 ("CJA 2003") in order to extend the circumstances in which a criminal court can use audio and live links during hearings.

478 It expands the courts’ powers to use technology across a wider range of hearings, and participants. The court may direct that a person (but not a jury member) take part in eligible criminal proceedings through the use of a live audio link or a live video link. The court must be satisfied that a live link direction is in the interests of justice before making one. By way of an additional safeguard, it also provides for the parties, and the relevant youth offending team in youth cases, to be given the opportunity to make representations to the court before the court determines whether to make a live link direction.

479 The amendments made by paragraph 2(5) of the Schedule provide that the court may direct the use of live link to multiple, or all persons participating in particular proceedings, and may also give a direction which only applies to certain aspects of the proceedings, for example the giving of evidence. A person directed to give evidence in proceedings by live link must only give evidence in accordance with the direction. Persons outside of England and Wales may participate through a live link if the court so directs. These powers are subject to the restrictions set out in new Schedule 3A to the CJA 2003.

480 The court may rescind a live link direction at any time, but only if this is in the interests of justice, and only after having considered representations from the parties or relevant youth offending team in youth cases.

481 The Schedule amends section 53 of the CJA 2003 (magistrates’ courts permitted to sit at other locations) to accommodate any participation through live link, rather than just the giving of evidence.

482 Participation in eligible criminal proceedings through a live audio or video link as directed by the court will be treated as complying with any requirement to attend or appear before court, or to surrender to the custody of the court, and such persons will be treated as present in court for the purposes of the proceedings.

483 The Schedule also amends section 54 of the CJA 2003 (warning to jury) in accordance with the expanded power to use live links and section 55 of the CJA 2003 (rules of court) in accordance with the expanded power to use live links, and to enable the Criminal Procedure Rules to provide for contested as well as uncontested live link applications to be determined without a hearing. Paragraph 8 of the Schedule creates a new Schedule 3A to the CJA 2003, which introduces additional prohibitions and limitations on use of live links in certain circumstances.

484 Part 2 of the Schedule amends the Criminal Appeal Act 1968 in accordance with the expanded powers to use live links under section 51 of the CJA 2003 in relation to appeals to the criminal division of the Court of Appeal. It also provides for a single judge of the Court of Appeal and the Registrar of Criminal Appeals to be able to exercise these powers.

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

Clause 54 and Schedule 24: Expansion of availability of live links in other criminal hearings

486 Part 1 of the Schedule expands the use of live links in Part 3A of the Crime and Disorder Act 1998 ("CDA 1998") beyond the attendance of the accused at certain preliminary, sentencing and enforcement hearings to all participants in preliminary, sentencing and enforcement hearings.

487 Paragraph 3 of the Schedule amends section 57B of the CDA 1998 to expand the availability of live links at preliminary hearings in a magistrates’ court or the Crown Court to include live video and audio links and all persons participating in the hearing, not solely live video links for the accused when in custody. Safeguards are introduced such that the court in making any live link direction in a preliminary hearing must be satisfied that it is in the interests of justice to do so. The parties or the relevant youth offending team must also have been given the opportunity to make representations.

488 The Schedule makes similar provision in relation to live links in preliminary hearings as paragraph 2(5) of Schedule 22 does in relation to live links in ‘eligible criminal proceedings’. The amendments sets out the factors that the court must consider when deciding whether to give, vary or rescind a live link direction.

489 The Schedule allows for the expansion of the use of live links in sentencing hearings and enforcement hearings in a similar way to preliminary hearings.

490 A court may not impose imprisonment or detention in default of payment of a sum at an enforcement hearing where proceedings are being conducted with participation via live audio link (other than for the purpose of giving evidence).

491 Paragraph 6 inserts new section 57G of the CDA 1998 (requirement to attend court, perjury) which makes identical provision in relation to hearings conducted in accordance with a direction under section 57B, 57E or 57F as paragraph 4 of Schedule 22 does in relation to "eligible criminal proceedings" conducted in accordance with a live link direction.

492 The Schedule creates a new Schedule 3A to the CDA 1998, which introduces additional prohibitions and limitations on use of live links.

493 Part 2 of the Schedule makes amendments to the Police and Criminal Evidence Act 1984 in accordance with the expanded powers to use live links under section 57B of the CDA 1998. It also amends section 22 of the Prosecution of Offences Act 1985 to reflect the fact that a jury no longer determines whether a defendant is unfit to plead. It omits section 32 of the Criminal Justice Act 1988 (evidence given by persons abroad through television links) as it is no longer required.

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

Clause 55 and Schedule 25: Public participation in proceedings conducted by video or audio

495 The Schedule inserts new sections 85A, 85B, 85C and 85D to the Courts Act 2003, making provisions for the live streaming of wholly audio or video hearings.

496 The new sections of the Act provide that proceedings which are conducted as wholly video proceedings or wholly audio proceedings (a ‘fully virtual’ hearing) can be broadcast so members of the public can observe proceedings or to be made for record-keeping purposes (section 85A). It is an offence to make, or attempt to make, an unauthorised recording or transmission which relates to the broadcasting of such proceedings. The maximum penalty for being found guilty of such an offence is a fine not exceeding level 3 on the standard scale (currently £1000) (section 85B). It is also an offence to make, or attempt to make an unauthorised recording or transmission of an image or sound which is being transmitted through a live audio or video link including in relation to a person’s participation in court proceedings through a live link. This includes a recording or transmission of the person’s own participation. The maximum penalty for being found guilty of such an offence is a fine not exceeding level 3 on the standard scale (currently £1000) (section 85C).

497 The Schedule also inserts new sections 29A, 29B, 29C and 29D to the Tribunals Courts and Enforcement Act 2007, making provisions for the live streaming of wholly audio or wholly video hearings. New sections 29A to 29D to that Act make identical provision as that in s85A to 85D of the Courts Act 2003 for wholly video or wholly audio proceedings in First‐tier Tribunals and Upper Tribunals.

498 The territorial extent and application of the clause and Schedule is England and Wales only in relation to court proceedings; but England and Wales, Scotland and Northern Ireland in so far as proceedings in the First-tier Tribunal and Upper Tribunal are concerned. Paragraph 2 of Schedule 24 amends the Tribunals, Courts and Enforcement Act 2007 and so extends and applies to England and Wales, Scotland and Northern Ireland.

Clause 56 and Schedule 26: Live links in magistrates’ court appeals against requirements or restrictions imposed on a potentially infectious person

499 The Schedule inserts sections 57ZA to 57ZF into the Magistrates’ Courts Act 1980.

500 It provides that appeals against decisions by the Secretary of State or an authorised public health official to impose restrictions under powers set out in clause 49 and Schedule 20, be heard by telephone or video in civil proceedings in the Magistrates Court, subject to the court’s power to direct different arrangement be made. The court may, if it is in the interests of justice, direct that one or more persons should not participate in the appeal by video; or that they should participate by telephone. Such a direction may be made by a single justice or authorised court officer (as defined in subsection (5)).

501 Sections 57ZD and 57ZE create new criminal offences in relation to (i) the unauthorised recording or transmission of a broadcast of a live video or audio hearing and (ii) the unauthorised recording and transmission in relation to a person’s participation in proceedings through live video or audio links. These sections create the same criminal offences and make identical provisions to those in clause 53 and Schedule 24.

502 The territorial extent and application of the clause and Schedule is England and Wales only.

Clause 57 and Schedule 27: Use of live links in legal proceedings: Northern Ireland

503 The clause and Schedule ensures all courts and devolved tribunals in Northern Ireland can require some or all of the participants in a case to take part in proceedings via audio or video live link. The Schedule also makes provisions for the live streaming of wholly audio or wholly video hearings by courts and devolved tribunals in Northern Ireland. Provision is also made for offences of recording or transmission in relation to broadcasts and in relation to participation through live link. Specific provision is also made for public health applications via live links to the magistrates’ courts.

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

Clause 58 and Schedule 28: Powers in relation to transportation, storage and disposal of dead bodies etc.

505 Part 1 of the Schedule ensures that Local Authorities and National Authorities have the powers to require persons (and in the case of National Authorities, to require Local Authorities) to provide information to enable Local and National Authorities to ascertain capacity in areas to effectively manage the transportation, storage and disposal of dead bodies and other human remains. This may include information from private companies (such as private funeral homes or crematoria) on their capacity and operational status. They may direct that this information is shared with other actors who require this information (for example neighbouring Local Authorities who are searching for spare capacity in the region).

506 Paragraph 1 outlines that information shared under these information-sharing powers must be used only for the purpose of ascertaining capacity to manage the transportation, storage and disposal of dead bodies and other human remains.

507 This information sharing provision is needed to inform decisions to designate a local authority so that directions can be made to enable changes in the death management system where there is or is likely to be insufficient capacity in that area as a result of deaths from Covid-19. It will give visibility of the system and help to prevent the system from becoming overwhelmed. The death management system is highly fragmented, involving many different organisations in the public and private sector as well as faith and other groups.

508 Restrictions are placed on the use and disclosure of the information provided and offences are created in relation to failing to comply with a requirement to provide information, using or disclosing information in contravention of provisions, or knowingly or recklessly providing false information. These provisions are there to ensure compliance with the information sharing provisions.

509 Part 2 allows National Authorities to designate a Local Authority area where, as a result of Covid-19, there is likely to be insufficient capacity within that area to transport, store or dispose of dead bodies or other human remains. Once an area is designated a Local Authority can give directions to companies or corporations. In addition a National Authority can give the same directions where a regional or national response is more appropriate. The trigger point of this will be a ministerial decision in the relevant nation. The flexibility to direct locally, regionally or nationally provides that powers are only used where necessary, but also used most effectively and in a proportionate way.

510 The directions that can be given are broadly defined, as flexibility as to what may be required to deal with the situation is necessary. However it is expected the following directions may be required: direction to a private company to, for example, extend crematoria operating hours or use their vehicle to transport deceased bodies. The power to direct also includes a power to make directions in relation to a body within an area to be moved to another area.

511 Personal choice for body disposal will be respected as far as possible, however, only where there is no suitable alternative (for example if safe storage limits were likely to be breached and out of area alternatives were not available), the power to direct may be used to direct whether a body is buried or cremated. In this respect it has been necessary to disapply section 46(3) of the Public Health (Control of Disease) Act 1984 which prohibits cremation against the wishes of the deceased. Similar provisions are disapplied in Northern Ireland. Scotland’s legislation only requires due regard to be had to the deceased’s wishes so no equivalent disapplication is needed.

512 There is a step in power for the appropriate National Authority to make a direction in place of a Local Authority where the Local Authority has failed to exercise its functions properly.

513 To the extent that any Local Authority directions conflict with a National Authority direction, the National Authority direction prevails.

514 Part 3 confers powers on National Authorities to give directions to Local Authorities as to the exercise of their functions where they have failed to exercise functions in relation to dead bodies generally. This allows for central Government to intervene if the Local Authority is not effectively managing the excess deaths in their area.

515 The Schedule comes into effect on Royal Assent, meaning the information powers are available immediately; however, the Direction making powers in Part 2 only are exercisable on designation by a National Authority.

516 Part 4 provides that in carrying out functions under Schedule 28, Local and National Authorities must have regard to the deceased person’s wishes, religion and belief, where known, of the method used for their final committal (i.e. burial or cremation). It also disapplies legislation in paragraph 13(4) prohibiting cremation against the wishes of the deceased, instead requiring authorities to have regard for wishes, where known. In other words, while powers of direction may be used to direct whether a body is buried or cremated, the appropriate Local or National Authority must have regard for the deceased’s wishes.

517 In Scotland, legislation only requires due regard to be had to the deceased’s wishes so no equivalent disapplication is needed. It also requires the appropriate national authority to give guidance to local authorities on discharging their duties under paragraph 13A, and that local authorities must have regard to that guidance.

518 A devolved minister can activate the powers in their country without needing the approval of the other nations.

519 The territorial extent and application of this clause and Schedule is England, Wales, Scotland and Northern Ireland. The powers will be activated within each nation by their respective Ministers if required. The ministers who can activate the powers in the provision are set out in paragraph 14.

Clause 59: Elections and referendums due to be held in England in period after 15 March 2020

520 This clause deals with polls for relevant elections or referendums that are required to be held in the period beginning on 16 March 2020 and ending a month after Royal Assent, but which are not held during that period. The intention is to cover polls that were due to be held during that period but were cancelled following the Prime Minister’s announcement about the cancellation of the polls scheduled for 7 May 2020. The elections and referendums that are relevant here are local government by-elections in England and any referendum in connection with a neighbourhood development plan.

521 The main purpose of the clause is to remove any criminal liability that could otherwise be incurred under section 63 of the Representation of the People Act 1983 by returning officers, registration officers, presiding officers or others for breach of their official duties in connection with the failure to hold the poll. The clause also disapplies section 39 of the 1983 Act, which could otherwise apply in relation to local government election polls that are abandoned for any reason.

Clause 60: Postponement of elections due to be held on 7 May 2020

522 This clause postpones a series of scheduled elections due to take place on 7th May 2020 by a year - until "the ordinary day of election" in 2021, which is Thursday 6th May. The polls covered by this clause are:

a. Polls for the election of councillors for any local government area in England;

b. The poll for the election of the Mayor of London and London Assembly;

c. Polls for the election of mayors of local or combined authorities; and

d. Polls for the election of Police and Crime Commissioners.

523 This clause extends the term of office for local government councillors who were due to retire after the scheduled elections in 2020 until after the postponed election in 2021. This clause then reduces the term of office for councillors returned at the postponed election in 2021 to three years, with a retirement date after the election in 2024. This is to ensure that their term aligns with the local government existing election cycle of electing by thirds and for two tier authorities. Maintaining the previous electoral rhythm provides for an election in each year in many two-tier areas, with clarity in each year over the proportion of local government being elected.

524 This clause provides for an exclusion from provisions in the Local Government Act 1972 that determine how councillors are selected for retirement (for example, those who have been councillors for the longest period since re-election). This subsection states that where a councillor has had their term extended until after the postponed election in 2021, these provisions should not apply.

525 This clause ensures that the subsequent term for 7th May 2020 elections for the Mayor of London/London Assembly, elected mayors of Local Authorities, elected mayors of combined authorities and Police and Crime Commissioners will be three years. This is to maintain the existing elections cycle, as above, and to ensure that the future cycle does not conflict with borough elections in London.

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

Clause 61: Power to postpone certain other elections and referendums

527 This clause provides a power for the Secretary of State or Minister for the Cabinet Office to postpone, by regulations, other "relevant" elections and referendums (not covered in clause 57) that cannot currently be anticipated. Such elections would include, for example, by-elections which are required by statute to be held within a specified period after the triggering event.

528 The Prime Minister has taken the decision that the scheduled elections due to take place on 7th May 2020 should be postponed by a year. It follows that it may be desirable and necessary to postpone other elections (such as by-elections and local referendums) that arise during the Covid-19 outbreak. This clause provides the necessary power to enable this.

529 This clause sets out that the Secretary of State or Minister for the Cabinet Office may make regulations to postpone the date of a "relevant" election or referendum, so long as the election or referendum is held on the date or within the period specified in the regulations (and is not later than 6th May 2021). Where appropriate, this power can be exercised more than once. This clause also confers power by regulations to delay the holding of any relevant election or referendum that falls within a period specified in the regulations until a later date or period specified in the regulations (which again cannot be or end later than 6th May 2021).

530 This clause states that a "relevant" election or referendum is one for which the poll falls in the period between the day on which this Act is passed and ending with 5th May 2021 and which is within one of the categories of election or referendum set out in the clause. These categories include elections to fill a "casual vacancy" (by-elections) in local government in either England or Northern Ireland; the Greater London Assembly; in the office of the London Mayor or in the office of an elected mayor; or in the office of a police and crime commission in England. They also include referendums under section 9MC of the Local Government Act 2000 (referendums following petition); under section 52ZN of the Local Government Finance Act 1992 (in relation to council tax); and referendums under Schedule 4B to the Town and Country Planning Act 1990 (on neighbourhood development plans).

531 This clause makes clear that the power can be applied to specified descriptions of elections or referendums. So, for example, regulations made under this clause could make provision by reference to a group of elections in a specific area, of a specific nature, or falling within a specific time period.

532 This clause allows regulations under this clause to amend legislation e.g. where a date set out in primary or secondary legislation needs to be amended.

533 This clause provides for regulations under the power to be subject to the negative procedure. This is to enable the elections set out above to be postponed in situations where either Parliament is not sitting or is unavailable.

534 The territorial extent and application of this clause is England and Wales and Northern Ireland.

Clause 62: Power to postpone a recall petition under the Recall of MPs Act 2015

535 A recall procedure for Members of Parliament is set out in the Recall of MPs Act 2015. MPs can be recalled in certain circumstances, for example, if they are convicted in the UK of an offence, or if they are suspended from the House of Commons for a specified period. The recall procedure includes a petition being made available for signing for 6 weeks for registered electors to sign. To be successful, 10% of eligible registered voters need to sign the petition. If the 10% threshold is reached, the Speaker of the House of Commons is notified, the MP’s seat becomes vacant and a by-election is required.

536 This clause does two things. First, it relaxes the duty on the petition officer under section 7(4) of the 2015 Act in relation to the designation of the first day of the 6-week petition period. Instead of being required to designate the 10th working day after the day on which the officer receives a Speaker’s notice that one of the recall conditions has been met, or the nearest reasonably practicable working day after that day, the petition officer is required to designate a working day falling no later than 6th May 2021 (or, if that is not reasonably practicable, the nearest reasonably practicable working day after that day). This therefore relaxes the timetable for cases where a Speaker’s notice has been given but the beginning of the 6-week petition period has not yet been designated.

537 Secondly, this clause then deals with the case of a recall petition where the petition officer has designated a day for the beginning of the petition period, and that day falls between Royal Assent of this Act and 5th May 2021. In such a case, the Secretary of State or the Minister for the Cabinet Office may by regulations provide that the designated day is postponed until a date specified in the regulations (falling no later than 6th May 2021).

538 This clause provides that the Secretary of State or the Minister for the Cabinet Office’s power may be exercised more than once in respect of a single recall petition. This clause also provides that a statutory instrument containing such regulations is subject to negative procedure in Parliament.

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

Clause 63: Power to make supplementary etc provision

540 This clause provides the Secretary of State or the Minister for the Cabinet Office with the power to make, by regulations, supplementary provision in connection with the postponement of polls under either clauses 60 to 62. Such regulations would be subject to the negative procedure.

541 Regulations made under this clause could deal with a variety of matters, including, for example:

a. the handling of nominations of candidates

b. the handling of postal ballots

c. the terms of office of incumbent office holders, which might need to be extended in the event of an election being postponed

d. the handling of expenses of persons other than local authorities (e.g. candidate expenses)

e. compensation of local authorities or candidates incurring additional expenditure as a result of the Act.

542 Regulations made under this clause will be able to make retrospective provision, to deal with situations where an election timetable has automatically been triggered. This would, for example, enable provision to be made disapplying (after the event) certain statutory steps that should have been taken in the run-up to the original poll date.

543 This clause allows regulations under this clause to amend, repeal or revoke statutory provisions (including primary legislation).

544 This clause provides for regulations under the power to be subject to the negative procedure.

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

Clause 64: Northern Ireland: timing of the canvass and Assembly by-elections

546 This clause amends the timing of the canvass in Northern Ireland, moving it from 2020 to 2021.

547 The electoral register lists the names and addresses of everyone who is registered to vote in public elections. The register is used for electoral purposes, such as making sure only eligible people can vote, and other limited purposes (such as calling people for jury service). The canvass is one method of gathering information on potential additions to, changes to, and deletions from, the register.

548 In Northern Ireland the register is maintained through a process of continuous registration and cross matching of data with the addition of a canvass which must take place at least every ten years from 2010. It was last conducted in 2013. There are 1.3 million individuals on the 2019 register and the canvass exercise is hugely resource intensive, requiring postal delivery of significant amounts of printed material and large numbers of processing staff. Covid-19 presents significant risks to canvass being completed successfully in Northern Ireland in 2020 and as a result of this clause, the canvass will be moved from 2020 to 2021.

549 With the exception of delaying the 2020 canvass by a year, the clause retains the timing of the previously established schedule of statutory canvass years, specifying 2030 and every tenth year thereafter as years on which canvass must be conducted.

550 The clause also provides that if, at any time during the relevant period, the Chief Electoral Officer for Northern Ireland is required to set a date for a by-election for the Northern Ireland Assembly, the Chief Electoral Officer must consult the Secretary of State before setting the date. For this purpose the "relevant period" is the period beginning with the day on which this Act is passed and ending with 1st February 2021.

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

Clause 65: Elections due to be held in Wales in period after 15 March 2020

552 This clause deals with polls for a relevant election or referendum that are required to be held in the period beginning on 16 March 2020 and ending a month after Royal Assent, but which are not in fact held during that period. The intention is to cover polls that were due to be held during that period but were cancelled following the Prime Minister’s announcement about the cancellation of the polls scheduled for 7 May 2020. The elections and referendums that are relevant here are local government by-elections in England and any referendum in connection with a neighbourhood development plan.

553 The main purpose of the clause is to remove any criminal liability that could otherwise be incurred under section 63 of the Representation of the People Act 1983 by returning officers, registration officers, presiding officers or others for breach of their official duties in connection with the failure to hold the poll. The clause also disapplies section 39 of the 1983 Act, which could otherwise apply in relation to local government election polls that are abandoned for any reason.

Clause 66: Postponement of National Assembly for Wales elections for constituency vacancies

554 This clause provides that where, before 6th May 2021 an election under section 10 of the Government of Wales Act 2006 to fill a vacant constituency seat would otherwise be required to be held the Presiding Officer of the National Assembly for Wales may fix a later date for that poll. This power may be exercised more than once but before the Presiding Officer exercises it, the Presiding Officer must consult with the Welsh Ministers and the Electoral Commission.

555 The territorial extent of this clause is England and Wales and the application is to Wales only.

Clause 67: Power to postpone local authority elections in Wales for casual vacancies

556 This clause will enable any casual vacancies which may arise in Local Authorities in Wales (also known as by-elections) where the date of the poll for the election would otherwise fall between the period beginning with the day on which this Act is passed and ending with 5th May 2021, to be postponed by regulations made by the Welsh Ministers.

557 The territorial extent of this clause is England and Wales and the application is to Wales only.

Clause 68: Power to make supplementary etc provision

558 Regulations under this clause will enable the Welsh Ministers to make by regulations consequential, supplementary, incidental, transitional or saving provision in connection with clauses 62 and 63. The provision which may be made includes provision about electoral activity prior to the postponement of a poll, the conduct of elections, the manner of voting in elections that have been postponed, the terms of office of incumbent officer holders, nominations of candidates, expenses incurred in relation to the election by those other than Local Authorities, and compensation for Local Authorities or candidates as a result of the provisions within the Act.

559 The territorial extent of this clause is England and Wales and the application is to Wales only.

Clause 69: Postponement of Scottish Parliament elections for constituency vacancies

560 This clause enables the Presiding Officer ("PO") of the Scottish Parliament to postpone constituency by-elections. The power enables the PO to fix a later date for the poll where a date has been fixed or, where no date has been fixed, to fix a date that is outside the period required by section 9(3) of the Scotland Act 1998. The PO must fix a new date as soon as reasonably practicable. This power can be exercised more than once and this clause specifies who the PO must consult before exercising the power. The power cannot be exercised to fix a by-election after 6th May 2021

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

Clause 70: Postponement of local authority elections for casual vacancies

562 This clause applies where under section 37 of the Local Government (Scotland) Act 1973 an election is to be held to fill a casual vacancy in the office of councilor in a Local Authority. It enables the relevant Returning Officer ("RO") to postpone a by-election to fill a councillor vacancy in a Local Authority. The power enables the RO to fix a later date for the poll where a date has been fixed or, where no date has been fixed, to fix a date which is outside the period required by section 37(1) of the Local Government (Scotland) Act 1973. The RO must fix a new date as soon as reasonably practicable. This power can be exercised more than once and this clause specifies who the RO must consult before exercising the power. The power cannot be exercised to fix a by-election after 6th May 2021.

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

Clause 71: Signatures of Treasury Commissioners

564 This clause modifies section 1 of the Treasury Instruments (Signature) Act 1849 so that, during a cCovid-19 outbreak, the reference in that section to two or more of the Commissioners has effect – (a) as if it were a reference to one or more of the Commissioners, and (b) as if a Minister of the Crown in the Treasury (who is not also a Commissioner) were a Commissioner. "Minister of the Crown" for these purposes means the holder of an office in Her Majesty’s Government in the United Kingdom.

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

Clause 72: Exercise of section 143 of the Social Security Administration Act 1992

566 This clause modifies the operation of section 143 of the Social Security Administration Act 1992 (the "1992 Act") by temporarily altering the procedure for making orders under it.

567 The clause applies to an order made under section 143 of 1992 Act made on or after the day the Bill is introduced (19th March 2020) but within 2 years of this Act having passed.

568 But it only applies to an order if that order does not increase contribution rates above the level of those rates on 6th April 2020.

569 Subsection (2) modifies section 143(1) of the 1992Act in order that the level of the National Insurance Fund, and the sums expected to be paid from it, does not have to be taken into account in relation to orders made under this section for a temporary period.

570 Subsection (3) provides that the limit on increases to the rates of NICs of 0.25% in section 143(4) of the 1992Act does not apply to orders made under the Bill. This will enable rates to return to their 6th April 2020 baseline once any reduction is no longer needed.

571 Subsection (4) provides that Section 144 of the 1992 Act does not apply to an order to which this clause applies. This removes the requirement to lay a report by the Government Actuary when changing rates, and provides greater flexibility to determine the period for which rates are to apply.

572 Subsection (5) provides that the affirmative procedure does not apply to orders made under section 143 of the 1992 Act to which this clause applies. The negative procedure will apply.

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

Clause 73: Exercise of section 145 of the Social Security Administration Act 1992

574 This clause modifies the operation of section 145 of the Social Security Administration Act 1992 (the "1992 Act") by temporarily altering the procedure for making orders under it.

575 Subsection (1) provides that the clause only applies to an order made between introduction of the bill (19th March 2020) and 2 years after the passing of the Act, if that order does not increase rates above the 6 April 2020 baseline.

576 Subsection (2) provides that the limit on increases to the rates of NICs of 0.25% in section 145(3) of the 1992 Act does not apply to orders made under the 1992 Act and to which this clause applies (and increases above the 6th April 2020 baseline are not allowed).

577 Subsection (3) provides subsections (2) to (5) of section 147 of the 1992 Act does not apply to an order made under section 145 of the Act and to which this clause applies. This will allow greater flexibility on the application of rate changes, and removes the requirement to lay a report by the Government Actuary.

578 Subsection (4) provides that the affirmative procedure does not apply to orders made under section 145 of the Act and to which this clause applies. The negative procedure will apply.

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

Clause 74: Exercise of section 5 of the National Insurance Contributions Act 2014

580 This clause modifies the operation of section 5 of the National Insurance Act 2014 by temporarily altering the Parliamentary procedure for making regulations under it.

581 Subsection (1) provides for the modifications to apply to regulations made on or after the day the bill is introduced (19th March 2020)_and before the end of the period of two years from the date the Act is passed.

582 Subsection (2) provides for the negative Parliamentary procedure to apply to regulations made under section 5 during that period instead of the affirmative procedures specified in that section.

583 Subsection (3) provides that subsection (2) does not apply to regulations which decrease the value of the Employment Allowance below £4,000 (so the affirmative Parliamentary procedure will continue to apply).

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

Clause 75: Disapplication of limit under section 8 of the Industrial Development Act 1982

585 Section 8 of the Industrial Development Act 1982 is the principle general power for the Secretary of State to give financial assistance to business where, in the Secretary of State’s opinion: (a) the financial assistance is likely to benefit the economy of the UK (or any part or area of the UK); (b) providing the financial assistance is in the national interest; and (c) the financial assistance cannot otherwise be appropriately provided.

586 The provision of financial assistance under section 8 of the Industrial Development Act 1982 is subject to certain conditions. In particular, subsections (4) and (5) impose an aggregate limit of £12,000 million (£12 billion). Under subsections (1) and (2) of the clause, financial assistance provided under section 8 does not count towards the £12 billion aggregate limit where the providing authority designates the financial assistance as related to Covid-19. The providing authority may make that designation if it appears to the authority that the assistance is provided (wholly or to a significant degree) for the purpose of preventing, reducing or compensating for any effect or anticipated effect (direct or indirect) of Covid-19.

587 Subsection (3) requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of any quarter in which the Secretary of State has provided financial assistance designated as "coronavirus-related". The report must include the amount of designated assistance and other details the Secretary of State considers appropriate.

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

Clause 76: HMRC Functions

589 This clause provides that Her Majesty’s Revenue and Customs (HMRC) have such functions as the Treasury may direct in relation to Covid-19. It allows the Treasury to grant additional functions to HMRC where these are necessary to deliver the Government’s response to Covid-19. In particular, it will enable the Treasury to grant the functions necessary for HMRC to pay grants to businesses to deliver the Coronavirus Job Retention Scheme.

590 This power will enable the Treasury to direct that HMRC are to have additional functions in relation to Coronavirus. This will allow HMRC to deliver the Scheme and provides the flexibility to provide further directions if necessary as the Government continues to respond to the situation as it continues to develop.

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

Clause 77: Up-rating of working tax credit etc

592 This clause will increase the rate of the basic element of Working Tax Credit; providing additional support to claimants to help them manage the economic impacts of the Covid-19 pandemic. The clause will replace the annual rate of £1,995 which had been due to take effect from 6 April 2020 with a higher amount. The extra rate will apply for the 2020/2021 tax year only.

a. Subsection (1) increases the rate of the basic element of Working Tax Credit from £1,995 to £3,040.

b. Subsection (2 ) provides for the increase to have effect for the 2020/2021 tax year, i.e. from 6 April 2020 to 5 April 2021, only. It also provides that the rate on which the Treasury will base its review is £1,995.

c. Subsection (3) contains a consequential amendment which provides that the benefit rates on which the Secretary of State will base her review will be the 6 April 2020 baseline rates.

593 The territorial extent and application of this clause is England and Wales, Scotland, and Northern Ireland, except for subsection (3) which extends and applies to England and Wales and Scotland only.

Clause 78: Local Authority Meetings

594 This clause provides a power for the Secretary of State (England), the Welsh Minister (Wales) and the Northern Ireland Department for Communities to make provision, by regulations, in relation to Local Authority meetings. These can include provisions in relation to the requirement to hold meetings, the requirements on timing and frequency of meetings, the place at which meetings must be held, the way in which people should attend, speak at and vote, and public admission and access to meetings and documents in relation to council meetings.

595 This includes the ability to make provision for meetings being held without all the persons, or without any of the persons, being together in the same place, which would enable local authorities to hold meetings remotely.

596 Subsection (3) states that the regulations will only refer to meetings required to be held, or held, before 7 May 2021. This gives Local Authorities the flexibility to carry on with vital business needs.

597 In this provision, meetings are defined as meetings of the Authority, a committee or sub-committee of the Authority, an executive of a Local Authority or a committee or sub-committee of an executive. There is a broad definition of Local Authority which includes principal councils, combined authorities, parish councils, and national park authorities.

598 This clause will come into force on Royal Assent.

599 The territorial extent and application of the clause is England and Wales and Northern Ireland.

Clause 79: Extension of BID arrangements: England

600 This clause establishes the delay of BID ballots through an extension of maximum duration of English BID arrangements, for those BID arrangements that are in place on the day of Royal Assent but are due to terminate on or before 31st December 2020. Those BIDs arrangements will be extended until 31st March 2021.

601 Subsection (1) sets out which BID arrangements are included within the delay:

a. if a BID is in force on the day on which this Act receives Royal Ascent; and

b. the BID arrangements are due to expire between the date of Royal Ascent and the 31 December 2020.

602 Subsection (2) sets out the BIDs that are excluded from the delay:

a. if a new BID ballot under section 49(1) of the Local Government Act 2003 (LGA 2003) has taken place before this Bill receives Royal Ascent, and the BID arrangements are the same or substantially the same as the current arrangements in force; or

b. a renewal ballot under section 54(2) of the LGA 2003 for the renewal of the current BID arrangements has taken place before this Bill receives Royal Ascent.

603 Subsection (3) sets out how the extension to the BID arrangements for BIDs included within the delay will work in practice:

a. that the BID arrangements will now end on 31 March 2021, rather than at the previous five-year maximum which would have ended between the day of Royal Ascent and 31 December 2020;

b. that the extension beyond the previous-five year maximum will be treated as a new charging period (defined as the 2021 charging period) ending on 31 March 2021.

c. sets out in greater detail how the levy for the 2021 chargeable period created by the extension will work:

i. the 2021 chargeable period created by the extension will be calculated in the same manner as the 2020 chargeable period; and

ii. the levy will be applied in a way that is just and reasonable, in the case where the 2021 chargeable period is longer or shorter than the last 2020 chargeable period.

d. Sets out that the non-domestic ratepayers specified in the arrangements (or hereditaments) liable for the levy will be the same as the last 2020 chargeable period.

604 Subsection (4) defines ‘the last 2020 chargeable period’ as the chargable period that would have been the last chargeable period for the BID had that was due to end in 2020 had it not been extended beyond the five-year maximum by this legislation.

605 Subsection (5) disapplies the five-year maximum rule for BID arrangements set out in section 54(1) of the LGA 2003 for the BID arrangements included within the extension for this legislation.

606 Subsection (6) highlights that the termination and alteration procedures for BID arrangements set out in section 54(4) of the LGA 2003 continue to apply and BID arrangements included within the extension can still utilise those procedures if necessary.

607 Subsection (7) highlights that expressions included within this legislation retain the same legal meaning as those in Part 4 of the LGA 2003.

608 Subsection (8) binds the Crown.

609 Subsection (9) highlights that the legislation only applies to BID arrangements within England, and not within Wales, as the Welsh Government did not wish to be included within the extension as no Welsh BID arrangements are due to end within the period between the day of Royal Ascent and the 31 December 2020.

Clause 80: Extension of BID arrangements: Northern Ireland

610 This clause establishes the delay of BID ballots through an extension of maximum duration of Northern Ireland BID arrangements, for those BID arrangements that are in place on the day of Royal Assent but are due to terminate on or before 31st December 2020. Those BIDs arrangements will be extended until 31st March 2021.

611 Subsection (1) sets out which BID arrangements fall within the provisions of the clause:

a. if BID arrangements in force on the day on which this Bill receives Royal Assent; and

b. the BID arrangements are due to expire between the day of Royal Assent and the 31 December 2020.

612 Subsection (2) sets out how the extension to the BID arrangements for BIDs included within the delay will work in practice:

a. that the BID arrangements will now end on 31 March 2021, rather than at the previous five-year maximum which would have ended between the day of Royal Assent and 31 December 2020;

b. that the extension beyond the previous-five year maximum will be treated as a new charging period (defined as the 2021 charging period) ending on 31 March 2021.

c. sets out in greater detail how the levy for the 2021 chargeable period created by the extension will work:

i. the 2021 chargeable period created by the extension will be calculated in the same manner as the 2020 chargeable period; and

ii. the levy will be applied in a way that is just and reasonable, in the case where the 2021 chargeable period is longer or shorter than the last 2020 chargeable period.

d. Sets out that the non-domestic ratepayers specified in the arrangements (or hereditaments) liable for the levy will be the same as the last 2020 chargeable period.

613 Subsection (3) defines ‘the last 2020 chargeable period’ as the chargeable period that would have been the last chargeable period for the BID had that was due to end in 2020 had it not been extended beyond the five-year maximum by these clauses.

614 Subsection (4) disapplies the five-year maximum rule for BID arrangements set out in section 16(1) of the Business Improvement Districts Act (NI) 2013, for the BID arrangements included within the extension for these clauses.

615 Subsection (5) highlights that the termination and alteration procedures for BID arrangements set out in section 16(4) of the Business Improvement Districts Act (NI) 2013 continue to apply and BID arrangements included within the extension can still utilise those procedures if necessary.

616 Subsection (6) highlights that expressions included within these clauses retain the same legal meaning as those in the Business Improvement Districts Act (NI) 2013.

617 Subsection (7) binds the individuals in public service of the Crown.

Clause 81 and Schedule 29: Residential tenancies: protection from eviction

618 This clause [and Schedule] will delay when landlords are able to evict tenants. It does this either by extending the notice period that a landlord is required to serve on a tenant to at least three months or, in some cases, creating a three months’ notice requirement where a requirement to give notice does not currently exist. The clause does not prevent a landlord from serving a notice of intention to possess, nor does it end a tenant’s liability for rental payments.

619 The [Schedule] will apply to all landlords who have granted tenancies governed by the Rent Act 1977 and the Housing Acts 1985, 1988 and 1996. This will cover all statutory tenants in the private and social rented sectors. It does not include common law tenancies or licenses (other than secure licenses).

620 In most cases a landlord must provide notice of intention to seek possession of an assured, assured shorthold, secure, demoted or introductory tenancy. These provisions extend such notice periods to at least three months. They also add a requirement to give three months’ notice in respect of a fixed term secure tenancy. The Rent Act 1977 does not require a notice to be served on statutory regulated tenants under the Act and so these provisions introduce a notice period for those tenancies and sets out that it must be at least three months. They also amend the relevant forms to be used in serving notice, to ensure the information they contain is correct.

621 These provisions will apply for a specified period of time, from the date of Royal Assent to 30 September 2020. The provisions allow the Secretary of State to change the date on which they end or to extend the three month notice period to a maximum of six months. These measures have been drafted so as to only apply for the specified time stated, not as permanent changes, and for the process to return to current functioning once this period has ended.

622 The territorial extent and application of the clause and the Schedule is England and Wales. Scotland and Northern Ireland have differing tenancy systems which are a devolved competence.

Clause 82: Business tenancies in England and Wales: protection from forfeiture etc

623 This clause establishes that where non-payment of rent enables a landlord to treat a lease as forfeited, that right will not be able to be exercised for a relevant period. The relevant period commences on the date of Royal Assent and ends on 30th June 2020-with a power to extend by statutory instrument if it is needed (subject to the negative procedure).

624 Subsections (1) and (2) set out that the landlord may not enforce a right of re-entry or forfeiture during the relevant period but protects the landlord from inadvertently waiving the breach. A landlord may, however, expressly waive the breach in writing.

625 Subsections (3) to (6) limit the power of the High Court to order forfeiture or possession for non-payment of rent. The court cannot make an order which takes effect before the end of the relevant period.

626 Subsections (7) to (10) make similar provision in respect of the County Court.

627 Subsection (11) ensures that the tenant’s failure to pay rent during the relevant period is ignored for the purposes of a protected tenant under the Landlord and Tenant Act 1954 whose lease comes up for renewal. It means that failure to pay rent during this period is not treated as a "persistent delay in paying rent" for the purposes of considering a lease renewal.

628 Subsection (12) defines key terms including "relevant business tenancy". The definition includes tenancies to which Part 2 of the Landlord and Tenant Act 1954 applies and to tenancies to which that Part of that Act would apply if any relevant occupier were the tenant (for example where the original tenant has sublet premises and is no longer in occupation).

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

Clause 83: Business tenancies in Northern Ireland: protection from forfeiture etc

630 This clause establishes that where non-payment of rent enables a landlord to treat a lease as forfeited, that right will not be able to be exercised for a relevant period. The relevant period commences on the date of Royal Assent and ends on 30th June 2020-with a power for the Department of Finance in Northern Ireland to extend the period if it is needed.

631 The protection will apply to all business tenancies within the meaning of the Business Tenancies (Northern Ireland) Order 1996 and to any tenancy to which the Order would apply if any relevant occupier were the tenant.

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

Clause 84: Postponement of General Synod elections

633 The clause would enable elections to the General Synod of the Church of England that are due to take place this summer to be postponed. It does so by creating a delegated power enabling Her Majesty, by Order in Council, at the joint request of the Archbishops of Canterbury and York, to postpone the date on which the Convocations of Canterbury and York – and therefore the General Synod – automatically stand dissolved under the Church of England Convocations Act 1966.

634 The territorial extent of this clause is England and Wales, but it applies only to the Church of England.

Part 2: Final Provisions

Clause 85: Interpretation

635 This provision is self-explanatory.

Clause 86: Financial provision

636 This clause is necessary to enable expenditure to be incurred properly under and by virtue of the Bill, and for purposes related to the Covid-19 outbreak, in accordance with established conventions.

637 Subsection (1) provides that there is to be paid out of money provided by Parliament expenditure falling into three categories-

a. expenditure by a Minister of the Crown, Government department or other public authority (including the Devolved Administrations) which is incurred by virtue of the Bill;

b. any increase in sums payable under other legislation which it attributable to the Bill; and

c. any other expenditure which a Minister of the Crown, Government department or other public authority (including the Devolved Administrations) in connection with making payments or giving financial assistance (directly or indirectly) to a person (including an individual or a business) as a result of Covid-19.

638 Subsection (2) provides that the above references to expenditure include expenditure incurred whether before or after the passage of the bill; and defines "financial assistance" for the above purposes to include grants, loans, guarantees, indemnities, and any other kind of financial assistance, whether actual or contingent.

Clause 87: Commencement

639 Subsection (1) sets out the provisions of the Bill - other than those listed in subsection (2) - will commence on Royal Assent.

640 Subsection (2) sets out the provisions which will instead come- into force using regulations made by a Minister of the UK Government. The Minister may do so in relation to devolved matters only with the consent of the relevant Devolved Administration. The Devolved Administrations can exercise the power in so far as the provision being commenced is within the legislative competence of the relevant Devolved Legislature.

641 Subsection (10) allows these provisions to be commenced on different days in different areas. The course of the outbreak is unpredictable and the response must be accordingly flexible.

642 Subsection (11) is a power to allow Ministers to make transitional provisions in relation to provisions in the Bill coming into force. Subsections (12), (13), (14) and (15) relate to how this power can be used in respect of devolved areas.

Clause 88: Power to suspend and revive provisions of this Act

643 This clause allows measures in the Bill to be suspended if no longer needed. It also allows for measures to be revived if needed again. The method of achieving suspension and revival will be by way of a regulation made by a Minister. Subsection (2) provides that a "suspension" of a provision should be treated in the same way as a repeal for the purposes of applying the general savings provisions that apply to repeals contained in section 16(1) of the Interpretation Act 1978. Suspension and revival can be done more than once (subsection (4)). To provide for flexibility subsection (5) allows Ministers to make the regulations for different purposes, on different days in different areas; and to make technical transitional, transitory and savings provisions in regulations made under the clause.

644 There are some provisions in the Bill where it would not be appropriate to suspend/revive and so subsection 6 sets out the provisions that the power to suspend or revive will not apply to. As with other clauses within in the Final Provision section of the Bill, the clause includes provisions which deal with how the powers should operate in respect of devolved matters. In particular, consent of the relevant Devolved Administration is required where a Minister of the Crown exercises the power in relation to devolved matters. The Devolved Administrations are also given the same powers in so far as the provision being suspended or revived is within the legislative competence of the relevant Devolved Legislature.

Clause 89: Expiry

645 This Bill has been introduced to support public bodies, and wider society, in responding to the Covid-19 outbreak and so is time limited. This clause provides that the Act expires at the end of the period of 2 years beginning with the day on which it is passed. Two qualifications to that basic principle are set out in subsection (2) (which lists the provisions that will not expire) and clause 76 which allows for the period to be extended (or shortened) in relation to all other provisions).

646 Subsection (3) allows Ministers to make technical transitional, transitory and savings provisions in regulations made under this clause. Subsection (4) specifies when consent of the relevant Devolved Administration is required in respect of this regulation-making power. The clause also provides the same powers to the relevant Devolved Administration in so far as the provision relates to an area within the relevant Devolved Legislature’s legislative competence.

Clause 90: Power to alter expiry date

647 The Bill provisions should apply when they are needed. Therefore, subsections (1) and (2) enable Ministers to extend or terminate a particular provision through regulations. Subsection (3) stipulates that an extension may not be for more than six months at a time. To provide flexibility these regulations can be made for different purposes, on different days in different areas. Subsection (5) enables a Minister of the UK Government to exercise these powers. Consent of the relevant Devolved Administration will be required in relation to devolved matters. The clause also provides powers to the Devolved Administrations in so far as the relevant provision for which the expiry date is being altered is within the legislative competence of the Devolved Legislature.

648 The draft affirmative procedure must be followed when the power is being used to sunset a provision early, where the power is being used to delay the sunset of a provisions either the made affirmative or the draft affirmative procedure can be used (this is set out in clauses 79(procedure for certain regulations made by a Minister of the Crown) – 82 (procedure for certain orders made by a Northern Ireland Department)).

Clause 91: Power to amend Act in consequence of amendments to subordinate legislation

649 Many of the provisions in this Bill operate by modifying the effect of pieces of secondary legislation. If underlying secondary legislation that the Bill modifies changes during the life of the Bill the modifications would no longer work properly. This clause therefore allows for the update of the modifications contained in the Bill in the event that the underlying legislation is changed. This ensure the measures in the Bill will still have the intended effect.

650 Subsections (1) and (2) set out that parts of the Bill that modify secondary legislation may be updated in consequence of other amendments to secondary legislation.

651 Regulations may be made by a UK Government Minister. Consent of the relevant devolved administration will be required in relation to devolved matters. The clause also provides the same power to the Devolved Administrations so far as amendments would be within the legislative competence of the relevant Devolved Legislature.

652 A choice of made affirmative or draft affirmative procedure can be used to make regulations under this power (this is set out in clauses 79 (procedure for certain regulations made by a Minister of the Crown) – 82 (procedure for certain orders made by a Northern Ireland Department)).

Clause 92: Power to make consequential modifications

653 This clause provides a power to make consequential modifications to other legislation so that it aligns with this Bill. The power can also be used to revoke the consequential modification regulations made under this power when the relevant provisions of the Bill which the consequential modifications relate to are sunset or suspended. Ministers may make technical transitional, transitory and savings provisions in relation to the consequential modifications made under this section.

654 The regulations may be made by a UK Government Minister though consent of the relevant Devolved Administration will be required if the regulations contain modifications that would be within Devolved Legislative competence. The clause also provides the same power to the devolved administrations in respect of consequential modifications which are within their legislative competence.

655 Where consequential modifications only modify secondary legislation regulations can be made under the negative procedure, where consequential modifications modify primary legislation either the made affirmative or draft affirmative procedures can be used (this is set out in clauses 79(Procedure for certain regulations made by a Minister of the Crown) – 82 (Procedure for certain orders made by a Northern Ireland Department)).

Clause 93: Procedure for certain regulations made by a Minister of the Crown

656 This clause sets out how the procedures for regulations made under the powers to alter the expiry date, the power to amend the Act in consequence of amendment to secondary legislation and the power to make consequential modifications.

Clause 94: Procedure for certain regulations made by the Welsh Ministers

657 This clause mirrors the provisions made in clause 79 for regulations made by Ministers of the Crown but for equivalent procedures in the Welsh Assembly.

Clause 95: Procedure for certain regulations made by the Scottish Ministers

658 This clause mirrors the provisions made in clause 79 for regulations made by Ministers of the Crown but for equivalent procedures in the Scottish Parliament.

Clause 96: Procedure for certain orders made by a Northern Ireland department

659 This clause mirrors the provisions made in clause 79 for regulations made by Ministers of the Crown but for equivalent procedures in the Northern Ireland Assembly.

Clause 97: Report by Secretary of State on status of non-devolved provisions of this Act

660 This clause sets out the procedure for the Secretary of State to report to Parliament every 2 months on the status of the non-devolved provisions of Part 1 of the Act which covers whether the provision is in force and whether any power under the provisions set out at subsection (3)(b) have been exercised in relation to the provision during the reporting period. . Subsection 8 of the clause obliges the Secretary of State to present the report to Parliament, and if the Secretary of State does not do so then subsection 9 obliges the Secretary of State to explain why.

Clause 98: Six-monthly parliamentary review

661 This provision obliges the Government to seek the House of Commons’ agreement to the continued use of those powers (that are not devolved) that are in force when each six month review period falls due. If the House declines to renew, then the Government has 21 days in which to make regulations terminating their use, using the powers in section 90(1). Section 93(1) removes the need to use the affirmative process for these regulations.

Clause 99: Parliamentary consideration of status of non-devolved provisions of this Act

662 This clause requires a debate to be held in both Houses about the status report that will be produced in accordance with clause 83 one-year after Royal Assent. This debate will need to be held if the substantive operational period of this Act which is defined in clause 83 is on-going. This means that if any of the non-devolved clauses that are due to be sunset under clause 75 are still in force after one-year the debate will go ahead.

663 This will provide both Houses the opportunity to scrutinise the matters covered in the status report including whether the Houses think that measures in the Bill have been suspended or sunset appropriately in response to changing events.

664 In the event that Parliament is not sitting for any reason at the time of the one year report the debates will have to be scheduled within 14 sitting days from Parliament returning.

Clause 100: Extent

665 This clause sets out the bill provisions which extend to the legal jurisdictions of England and Wales, Scotland and Northern Ireland, the provisions which extend to the legal jurisdictions of England and Wales and Scotland only, the provisions which extend to the legal jurisdiction of England and Wales only, the provisions which extend to the legal jurisdiction of Scotland only, the provisions which extend to the legal jurisdiction of Northern Ireland and the provisions which have the same extent as the enactments they amend.

Clause 101: Extension to the Isle of Man

666 This provision is self-explanatory.

Clause 102: Short title

667 This provision is self-explanatory.