Appendix 1: Correspondence: Sunset Provisions in statutory instruments dealing with COVID-19
Letter from Lord Hodgson of Astley Abbotts, Chair of the Secondary Legislation Scrutiny Committee, to the Rt Hon. Jacob Rees-Mogg MP, Lord President of the Council and Leader of the House of Commons
Thank you for your letter of 30 November in which you explained that the December update will be the final one, in line with a commitment you gave the Committee earlier this year. We discussed your letter at our most recent meeting. We recognise that these updates take time to put together, but we believe that further monthly updates next year would be helpful to the House and wider public while the pandemic is ongoing and new statutory instruments are being laid which include sunset provisions. We note that there are more than a dozen statutory instruments currently in force which will expire in 2022, with sunset provisions ranging from January to September 2022.
I would be grateful if we could receive the next update by 12 noon on Monday, 10 January to enable us to share it with the Committee at our first. meeting after Christmas Recess on 11 January, and further updates at the beginning of each month thereafter.
8 December 2021
Letter from the Rt Hon. Jacob Rees-Mogg MP to Lord Hodgson of Astley Abbotts
Thank you for your letter of 8 December 2021. Given recent developments in the pandemic and the emergence of the Omicron Coronavirus variant, I am sympathetic to your request for further updates on Coronavirus-related statutory instruments (Sis) containing sunset provisions. As of 5 January 2022, the Government has laid a total of 424 Coronavirus-related Sis, of which 44 containing a specific sunset provision have not yet expired or have been extended.
Annex A sets out the Sis that have been laid in response to the pandemic that include a specific sunset provision and which are still in force or contain provisions which have been extended. Annex B contains temporary regulations which have been made permanent. Annex C contains a list of Sis which have expired.
Since my previous letter dated 30 November, further Sis with specific sunset dates have been laid in response to the threat posed by the Omicron Coronavirus variant. These, and where applicable their antecedents, can be found in Rows 35–44 of Annex A.
Annex A- Provisions still in force
Dept |
Title |
Sunset Provision |
|
|
1 |
MoJ |
The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 |
25/03/2022 |
|
2 |
MoJ |
The Competition Appeals Tribunal (Coronavirus) (Recording and Broadcasting) Order 2020 |
25/03/2022 |
|
3 |
MoJ |
The Secure Training Centre (Amendment) (Coronavirus) Rules 2020 |
25/03/2022 |
|
4 |
MoJ |
The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 |
31/01/2022 |
|
5 |
MoJ |
The Prison and Young Offender Institution (Coronavirus, etc.) (Amendment) (No. 3) Rules 2020 |
25/03/2022 |
|
6 |
co |
The Mayoral and Police and Crime Commissioner Elections (Coronavirus, Nomination of Candidates) (Amendment) Order 2021 |
28/02/2022 |
|
7 |
co |
The Local and Greater London Authority Elections (Coronavirus, Nomination of Candidates) (Amendment) (England) Rules 2021 |
28/02/2022 |
|
8 |
co |
The Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021 |
28/02/2022 |
|
9 |
DWP |
The Universal Credit (Extension of Coronavirus Measures) Regulations 2021 |
31/07/2021 - These regulations have expired, except for Minimum Income Floor (MIF) provisions, which have been extended. See row below. |
|
10 |
DWP |
The Universal Credit (Coronavirus) (Restoration of the Minimum Income Floor) Regulations 2021 |
31/07/2022 |
|
11 |
DLUHC |
The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2021 |
31/05/2021 - These regulations were extended. See row below. |
|
12 |
DLUHC |
The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021 |
30/09/2021-These regulations have expired, except the ability to apply longer notice periods. See row below. |
|
13 |
DLUHC |
The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 |
25/03/2022 |
|
14 |
DLUHC |
The Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) (No. 3) Regulations 2020 |
31/03/2021 -These regulations were extended. See row below. |
|
15 |
DLUHC |
The Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) Regulations 2021 |
30/09/2021-These regulations have been extended. See row below. |
|
16 |
DLUHC |
The Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) (No. 2) Regulations 2021 |
25/03/2022 |
|
17 |
DLUHC |
The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020 |
31/12/2020 -These regulations were extended. See row below. |
|
18 |
DLUHC |
The Town And Country Planning (General Permitted Development) (England) (Amendment) Regulations 2020 |
31/12/2021 -These regulations have been extended. See row below. |
|
19 |
DLUHC |
The Town And Country Planning (General Permitted Development Etc.) (England) (Amendment) (No. 3) Order 2021 |
31/12/2022 - Provisions relating to the use of buildings to support the vaccination programme. This SI also makes some previously temporary provisions permanent. See Annex B. |
|
20 |
DWP |
The Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations 2020 |
12/11/2020 - These regulations were extended. See row below. |
|
21 |
DWP |
The Employment and Support Allowance and Universal Credit (Coronavirus Disease) (Amendment) Regulations 2020 |
12/05/2021 - These regulations expired, except the Employment Support Allowance provisions, which were extended. See row below. |
|
22 |
DWP |
The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations 2021 |
12/11/2021 -The Employment Support Allowance provisions have been further extended. See row below. |
|
23 |
DWP |
The Employment and Support Allowance and Universal Credit (Coronavirus Disease) (Amendment) Regulations 2021 |
24/03/2022 |
|
24 |
DfE |
The School Admissions (Appeals Arrangements) (England) (Amendment) (Coronavirus) Regulations 2020 |
31/01/2021- These regulations were extended. See row below. |
|
25 |
DfE |
The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2021 |
30/09/2021-These regulations have been extended. See row below. |
|
26 |
DfE |
The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) (No. 2) Regulations 2021 |
30/09/2022 |
|
27 |
BEIS |
The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) (No. 2) Regulations 2020 |
31/03/2021 -These regulations were extended. See row below. |
|
28 |
BEIS |
The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021. |
30/06/2021 -These regulations were extended. See row below. |
|
29 |
BEIS |
The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) (No. 2) Regulations 2021 |
30/09/2021 -These regulations were extended, with tapering measures introduced. See row below. |
|
30 |
BEIS |
The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) (No. 2) Regulations 2021 |
31/03/2022 |
|
31 |
BEIS |
The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Change of Expiry Date) Regulations 2021 |
29/04/2022 |
|
32 |
BEIS |
The Feed-in Tariffs (Amendment) (Coronavirus) (No. 2) Order 2020 |
These regulations contain multiple expiry dates depending on which provisions they apply to: Anaerobic digestion and wind installations - 31/03/2021 (expired) Community solar installations - 31/03/2021 (expired) Community anaerobic digestion and wind installations - 30/09/2021 (expired) Hydro installations - 31/03/2022 Community hydro installations - 30/09/2022 |
|
33 |
DIT |
The Health Protection (Coronavirus, Public Health Advice for Passengers) (England) Regulations 2020 |
08/06/2021 -These have been extended. See row below. |
|
34 |
Dff |
The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 |
16/05/2022 |
|
35 |
DEFRA |
The Official Controls (Temporary Measures) (Coronavirus) (Amendment) Regulations 2021 |
01/07/2021 -These regulations were extended. See row below. |
|
36 |
DEFRA |
The Official Controls (Temporary Measures) (Coronavirus) (Amendment) (No. 2) Regulations 2021 |
31/12/2021-These regulations have been extended. See row below. |
|
37 |
DEFRA |
The Official Controls (Temporary Measures) (Coronavirus) (Amendment) (No. 3) Regulations 2021 |
01/07/2022 |
|
38 |
DHSC |
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 |
27/09/2021 -These regulations have been extended. See row 40. |
|
39 |
DHSC |
The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 |
17/01/2021 -These regulations have been extended. See row below. |
|
40 |
DHSC |
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) (Amendment) (No. 3) Regulations 2021 |
24/03/2022 |
|
41 |
DHSC |
The Health Protection (Coronavirus, Wearing of Face Coverings) (England) Regulations 2021 |
20/12/2021 -These regulations have been extended. See row below. |
|
42 |
DHSC |
The Health Protection (Coronavirus, Wearing of Face Coverings) (England) (Amendment) Regulations 2021 |
26/01/2022 |
|
43 |
DHSC |
The Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) Regulations 2021 |
26/01/2022 |
|
44 |
DWP |
The Statutory Sick Pay (Medical Evidence) Regulations 2021 |
26/01/2022 |
Annex B- Provisions that have been made permanent
Dept |
Title |
|
DLUHC |
The Environmental Assessment of Plans and Programmes (Coronavirus) (Amendment) Regulations 2020 was made permanent by The Environmental Assessment of Plans and Programmes (Amendment) Regulations 2020 |
|
DLUHC |
The Infrastructure Planning (Publication and Notification of Applications etc.) (Coronavirus) (Amendment) Regulations 2020 was made permanent by The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 |
|
DfE |
The Schools Forums (England) (Coronavirus) (Amendment) Regulations 2020 was made permanent by The School and Early Years Finance (England) Regulations 2021 |
|
DIT |
The Traffic Order Procedure (England) (Coronavirus) (Amendment) Regulations 2020 The transitional provisions to preserve continuity following the expiry of the amendments are in force permanently. Other provisions have expired. |
|
DLUHC |
The Town and Country Planning (General Permitted Development) (England) (Amendment) Regulations 2020 - [only provisions in relation to moveable structures within the curtilage of pubs, cafes, restaurants, etc.] The Town and Country Planning (General Permitted Development) (England) (Amendment) (Coronavirus) Order 2021- [only provisions in relation to markets by or on behalf of Local Authorities] have been made permanent by The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 3) Order 2021 |
Annex C- Expired Provisions
Dept |
Title |
|
DHSC |
The Health Protection (Coronavirus) Regulations 2020 This SI was revoked and replaced by the Coronavirus Act 2020 |
|
DHSC |
The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (Northern Ireland) Regulations 2020 |
|
DWP |
The Social Security (Coronavirus) (Further Measures) (Northern Ireland) Regulations 2020 |
|
DWP |
The Social Security (Coronavirus) (Prisoners) Northern Ireland Regulations 2020 |
|
DfE |
The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 |
|
DfE |
The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 |
|
BEIS |
The Competition Act 1998 (Dairy Produce) (Coronavirus) (Public Policy Exclusion) Order 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 4) Regulations 2020 |
|
BEIS |
The Companies etc. (Filing Requirements) (Temporary Modifications) Regulations 2020 |
|
BEIS |
The Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 |
|
HMRC |
The Value Added Tax (Zero Rate for Personal Protective Equipment) (Extension) (Coronavirus) Order 2020 |
|
HMRC |
The Value Added Tax (Reduced Rate) (Hospitality and Tourism) (Coronavirus) Order 2020 |
|
MoJ |
The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Luton) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) (Amendment) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) (Amendment) (No. 2) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (Greencore) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (Bolton) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (North East England) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) (Amendment) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium, High and Very High) (England) (Amendment) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium, High and Very High) (England) (Amendment) (No. 2) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium, High and Very High) (England) (Amendment) (No. 3) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) (Amendment) Regulations 2020 |
|
MoJ |
The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (No. 3) and (All Tiers) (England) (Amendment) Regulations 2021 |
|
MoJ |
The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 |
|
MoJ |
The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 |
|
DHSC |
The Health Protection (Coronavirus, International Travel) (England) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, International Travel and Public Health Information) (England) (Amendment) Regulations 2020 |
|
DIT |
The Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021 |
|
DLUHC |
The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) (Amendment) (England) Regulations 2021 |
|
DLUHC |
The Parish and Community Meetings (Coronavirus) (Polls) (Amendment) (England) Rules 2020 |
|
HO |
The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) (No. 2) Regulations 2020 |
|
HO |
The Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 |
|
MoJ |
The Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 |
|
Dff |
The Motor Vehicles (Tests) (Amendment) Regulations 2020 |
|
Dff |
The Motor Vehicles (Tests) (Amendment) (Coronavirus) (No.2) Regulations 2020 |
|
MoJ |
The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2021 |
|
Dff/ DHSC |
The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 |
|
MoJ |
The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020 |
|
MoJ |
The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020 |
|
DfE |
The Education (Induction Arrangements for School Teachers) (England) (Coronavirus) (Amendment) Regulations 2021 |
|
DfE |
The Education (School Teachers’ Qualifications and Induction Arrangements) (England) (Coronavirus) (Amendment) Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) Regulations 2020 |
|
DfE |
The Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) (No. 2) Regulations 2020 |
|
DfE |
The Education (Coronavirus, Remote Education Information) (England) (Amendment) Regulations 2021 |
|
MoJ |
The Taking Control of Goods (Amendment) (Coronavirus) Regulations 2021 |
|
BEIS |
The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (England) Regulations 2020 |
|
DHSC |
The Safeguarding Vulnerable Groups Act 2006 (Regulated Activities) (Coronavirus) Order 2020 |
|
BEIS |
The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) (Amendment) Regulations 2021 |
|
BEIS |
The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) (Amendment) (No. 2) Regulations 2021 |
|
DfE |
The Adoption and Children (Coronavirus) (Amendment) (No. 2) Regulations 2020 |
|
DWP |
The Social Security (Coronavirus) (Further Measures) Regulations 2020 |
|
DWP |
The Social Security (Coronavirus) (Prisoners) Regulations 2020 |
|
DWP |
The Social Security (Coronavirus) (Further Measures) (Amendment) and Miscellaneous Amendment Regulations 2020 |
|
DHSC |
The Health Protection (Coronavirus, Restrictions) (Steps etc.) (England) (Revocation and Amendment) Regulations 2021 |
|
DLUHC |
The Town and Country Planning (Local Planning, Development Management Procedure, Listed Buildings etc.) (England) (Coronavirus) (Amendment) Regulations 2020 |
|
DLUHC |
The Town and Country Planning (Development Management Procedure) (England) Coronavirus)(Amendment) Order 2020 |
|
DLUHC |
The Town and Country Planning (Local Planning) (England) (Coronavirus) (Amendment) Regulations 2020 |
|
DLUHC |
The Town and Country Planning (Spatial Development Strategy) (Coronavirus) (Amendment) Regulations 2020 |
7 January 2022