The Government response to covid-19: freedom of assembly and the right to protest Contents

Annex: Proposed amendments to legislation

Schedule 3A of the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 sets out the restrictions in place in Tier 4. These constitute the national lockdown regulations.

Paragraph 6 of Schedule 3A contains the list of recognised exceptions to the prohibition on gatherings. It is proposed that this list be extended to include a new exception 21, which would mirror the exception for the purposes of protest that applies in Tiers 1 to 3. This exception would permit protest to take place outdoors if it is organised by a “a business, a charitable, benevolent or philanthropic institution, a public body or a political body” and if the organiser takes “the required precautions”. These required precautions are defined at regulation 7 and include carrying out a satisfactory risk assessment and taking all reasonable measures to limit the risk of transmission of coronavirus.

It is also proposed that Paragraph 2 of Schedule 3A, which contains exceptions to the prohibition on leaving the home, be amended to allow a person to leave home in order to attend a permitted protest.

Amendments

Add to Paragraph 2, Schedule 3A, Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020:

Exception 21: protest

(28) Exception 21 is that it is reasonably necessary for P to leave or be outside P’s home for the purposes of attending a gathering permitted under paragraph 6(29).

Add to Paragraph 6, Schedule 3A, Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020:

Exception 21: protest

(29) Exception 21 is that the gathering is for the purposes of protest and—

(a) it takes place in a public outdoor place;

(b) it has been organised by a business, a charitable, benevolent or philanthropic institution, a public body or a political body, and

(c) the gathering organiser takes the required precautions in relation to the gathering.




Published: 19 March 2021 Site information    Accessibility statement