Appendix 2: Correspondence: Sunset provisions in statutory instruments dealing with COVID-19
Letter from the Rt Hon. Jacob Rees-Mogg MP, Leader of the House of Commons, to Lord Hodgson of Astley Abbotts, Chair of the Secondary Legislation Scrutiny Committee
In my letter of 9 July 2020 I committed to provide an updated list of sunset provisions in statutory instruments (SIs) made in response to the coronavirus pandemic at the beginning of every month.
As of 30 July 2020 the Government has laid 143 SIs that fall into this category, of which 45 include a specific sunset provision.
Annex A sets out the SIs that have been laid in response to the pandemic that include a specific sunset provision along with the timing of that provision. This information is also included in the Explanatory Notes to each SI.
The Government continues to take every step to be as transparent as possible when bringing forward the urgent legislation needed to respond to the pandemic and whether or not it is appropriate to include a sunset provision is always carefully considered.
I hope that this further information is helpful to the Committee and I will continue to provide an updated list at the beginning of every month.
This letter has been copied to the Leader of the House of Lords and the Chairman of the Joint Committee on Statutory Instruments.
4 August 2020
Annex A
Dept |
Title |
Sunset Provision |
|
DHSC |
Health Protection (Coronavirus) Regulations 2020 |
10/02/2022 |
|
DHSC |
The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 |
23/09/2020—This SI was revoked by the below SI. |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 |
26/09/2020—Now revoked by Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 |
|
DHSC |
The Safeguarding Vulnerable Groups Act 2006 (Regulated Activities) (Coronavirus) Order 2020 |
31/10/2020 |
|
HO |
Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 |
27/03/2021 |
|
MHCLG |
Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020 |
31/12/2020 |
|
DWP |
Universal Credit and Employment Support Allowance Amendment Regulations 2020 |
12/11/2020 |
|
DWP |
Northern Ireland equivalent to above |
12/11/2020 |
|
DWP |
Social Security (Coronavirus) (Further Measures) Regulations 2020 |
12/11/2020 |
|
DWP |
Social Security (Coronavirus) (Further Measures) Northern Ireland Regulations 2020 |
12/11/2020 |
|
DWP |
The Social Security (Coronavirus) (Prisoners) Regulations 2020 |
12/11/2020 |
|
DWP |
The Social Security (Coronavirus) (Prisoners) Regulations 2020 Northern Ireland |
12/11/2020 |
|
DfE |
The School Admissions (Appeals Arrangements) (England) (Amendment) (Coronavirus) Regulations 2020 |
31/01/2021 |
|
DfE |
The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 |
25/09/20 |
|
DfE |
The Motor Vehicles (Tests) (Amendment) Regulations 2020 |
30/09/2021 |
|
DfE |
The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 |
25/09/2020 |
|
DfE |
The Education (School Teachers’ Qualifications and Induction Arrangements) (England) (Coronavirus) (Amendment) Regulations 2020 |
01/09/2020 |
|
BEIS |
Competition Act 1998 (Dairy Produce) (Coronavirus) (Public Policy Exclusion) Order 2020 |
01/08/20—No SI was laid to extend these provisions, the sunset provision has come into effect and therefore the SI is no longer in force. |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 |
26/09/20—Now revoked by Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 |
|
MHCLG |
The Town and Country Planning (Development Management Procedure) (England) (Coronavirus)(Amendment) Order 2020 |
31/12/2020 |
|
MoJ |
Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 |
25/03/2022 |
|
MoJ |
The Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 |
08/06/2021 |
|
DfE |
The Traffic Order Procedure (England) (Coronavirus) (Amendment) Regulations 2020 |
30/04/2021 |
|
DfE |
School Forums (Coronavirus) SI |
01/04/2021 |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 |
26/09/2020—now revoked by Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 |
|
DHSC |
Health Protection (Coronavirus, International Travel) (England) Regulations 2020 |
08/06/2021 |
|
DIT |
The Health Protection (Coronavirus, Public Health Advice for Passengers) (England) Regulations 2020 |
08/06/21—Updated by regulations laid on 6 July. |
|
DIT/DHSC |
The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020 (S.I., 2020, No. 592) |
15/06/21 |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 4) Regulations 2020 |
26/08/2020—now revoked by Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 |
|
MoJ |
Competition Appeals Tribunal |
25/03/2022 |
|
BEIS |
The Companies etc. (Filing Requirements) (Temporary Modifications) Regulations 2020 |
05/04/2021 |
|
BEIS |
Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020 |
31/03/21 |
|
MOJ |
The Secure Training Centre (Amendment) (Coronavirus) Rules 2020 |
25/03/22 |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 |
04/01/2021 |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 |
04/01/2021 |
|
DHSC |
The Health Protection (Coronavirus, International Travel and Public Health Information) (England) (Amendment) Regulations 2020 |
08/06/21 |
|
HMRC |
The Value Added Tax (Zero Rate for Personal Protective Equipment) (Extension) (Coronavirus) Order 2020 |
31/10/20 |
|
HMRC |
Value Added Tax (Reduced Rate) (Hospitality and Tourism) (Coronavirus) Order 2020 |
12/01/21 |
|
MHCLG |
Town and Country Planning (Local Planning) (England) (Coronavirus) (Amendment) Regulations 2020 |
31/12/20 |
|
MHCLG |
Town and Country Planning (Spatial Development Strategy) (Coronavirus) (Amendment) Regulations 2020 |
31/12/20 |
|
MHCLG |
Infrastructure Planning (Publication and Notification of Applications etc.) (Coronavirus) (Amendment) Regulations 2020 |
31/12/20 |
|
MoJ |
Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 |
28/03/21 |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 |
17/01/21 |
|
DHSC |
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 |
24/07/21 |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020 |
25/01/21 |
Source: Leader of the House of Commons
Letter from Jacob Rees-Mogg MP to Lord Hodgson
In my letter of 9 July 2020 I committed to provide an updated list of sunset provisions in statutory instruments (SIs) made in response to the coronavirus pandemic at the beginning of every month.
As of 27 August 2020 the Government has laid 174 SIs that fall into this category, of which 51 include a specific sunset provision.
Annex A sets out the SIs that have been laid in response to the pandemic that include a specific sunset provision along with the timing of that provision. This information is also included in the Explanatory Notes to each SI.
The Government continues to take every step to be as transparent as possible when bringing forward the urgent legislation needed to respond to the pandemic and whether or not it is appropriate to include a sunset provision is always carefully considered.
I hope that this further information is helpful to the Committee and I will continue to provide an updated list at the beginning of every month.
This letter has been copied to the Leader of the House of Lords and the Chairman of the Joint Committee on Statutory Instruments.
Annex A
Table 2: COVID-19 SIs with specific sunset provisions
Dept |
Title |
Sunset Provision |
|
DHSC |
Health Protection (Coronavirus) Regulations 2020 |
10/02/2022 |
|
DHSC |
The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 |
23/09/2020—This SI was revoked by the below SI. |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 |
26/09/2020—Now revoked by Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 |
|
DHSC |
The Safeguarding Vulnerable Groups Act 2006 (Regulated Activities) (Coronavirus) Order 2020 |
17/10/2021 |
|
HO |
Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 |
27/03/2021 |
|
MHCLG |
Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020 |
31/12/2020 |
|
DWP |
Universal Credit and Employment Support Allowance Amendment Regulations 2020 |
12/11/2020 |
|
DWP |
Northern Ireland equivalent to above |
12/11/2020 |
|
DWP |
Social Security (Coronavirus) (Further Measures) Regulations 2020 |
12/11/2020 |
|
DWP |
Social Security (Coronavirus) (Further Measures) Northern Ireland Regulations 2020 |
12/11/2020 |
|
DWP |
The Social Security (Coronavirus) (Prisoners) Regulations 2020 |
12/11/2020 |
|
DWP |
The Social Security (Coronavirus) (Prisoners) Regulations 2020 Northern Ireland |
12/11/2020 |
|
DfE |
The School Admissions (Appeals Arrangements) (England) (Amendment) (Coronavirus) Regulations 2020 |
31/01/2021 |
|
DfE |
The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 |
25/09/20 |
|
DIT |
The Motor Vehicles (Tests) (Amendment) Regulations 2020 |
30/09/2021 |
|
DfE |
The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 |
25/09/2020 |
|
DfE |
The Education (School Teachers’ Qualifications and Induction Arrangements) (England) (Coronavirus) (Amendment) Regulations 2020 |
01/09/2020 |
|
BEIS |
Competition Act 1998 (Dairy Produce) (Coronavirus) (Public Policy Exclusion) Order 2020 |
01/08/20—No SI was laid to extend these provisions, the sunset provision has come into effect and therefore the SI is no longer in |
Source: Leader of the House of Commons