The stay at home guidance that was previously issued now has its accompanying legislation in the form of The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.
The legislation includes the businesses which must close, restrictions on gatherings and also the restrictions on movement during the lockdown period amongst other things.
Interestingly (and useful for our subscribers), unlike the stay at home guidance, there is now a specific exemption allowing an individual to leave their home to move house where reasonably necessary (as reported in or article here).
What’s of further interest (and not in the guidance yet) is that leaving home is also permitted:
to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
This clarifies a landlord or agent can leave home to carry out repairs as long as the repair would fall under section 11 Landlord and Tenant Act 1985 or for any person to attend to any other legal obligations we may have.
Carrying out a repair or gas safety record etc. was already covered under the exemption to travel to and from work where that work can’t be done from home but this adds further clarity.
In the legislation, the allowance to travel to work is worded slightly differently to the guidance but essentially amounts to the same thing:
to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living;
All the existing and already known exemptions allowing a person to leave their home exist including:
- to obtain basic necessities including food or medical supplies
- to take exercise either alone or with members of the household
- to seek medical assistance
- to provide care or assistance
- to donate blood
- to access critical services
- to avoid injury, illness or to escape risk of harm.
The list above is not exhaustive and the legislation should be consulted for full details.