Emergency Powers Regulations: Up to noon on 30th March.

Five further Regulations since noon on the 27^th of March, in two main areas.

Firstly, two Regulations seek, in different ways, to sustain the capacity of public services to deal with the pressures upon them during the crisis. The Speed Limits Regulations create a maximum national speed limit of 40 mile per hour outside of any town or village district, unless a lower speed limit has been specified (r.4(1), r.6). The Council of Ministers are empowered to lower speed limits within a district (r.5). There is no need to display traffic signs to this effect (r.6, disapplying Road Traffic Regulation Act 1985 s.22(2)), The Regulations seem some distance from the pandemic, and are described in the explanatory note as securing the essentials of life to the Manx community and protecting the economy of the Island – in this case best understood as protecting the capacity of the Manx healthcare system in anticipation of unprecedented strain. On a similar note, the Special Constables Regulations provide for the financial support of special constables. As with the Speed Limits Regulations, these are intended to deal with unprecedented strain on a public service – the explanatory notes highlight that “[s]pecial constables will be relied on heavily during the Coronavirus Proclamation period to fill a considerable manpower shortage in the Isle of Man Constabulary”. The Regulations require payment of reasonable out-of-pocket expenses incurred in the execution of a special constables duties, or an allowance in lieu of such reimbursement (r.5(1)); and payment in “loss of remuneration in his or her private employment while required for duty” (r.5(2)(a)). The DHA (although the Department is not specified in the Regulation) must also pay an allowance in respect of “such other matters as the Department may from time to time determine” (r.5(2)(b)). The Regulations deal with very specific issues such as refreshment and subsistence allowances, efficiency allowances, travelling expenses (r.6) and boot allowances (r.5(5)-(13)). Apart from “a nominal fee for performing patrol duties” (r.5(14)), and the compensation for loss of private remuneration as noted above, “a special constable is not to be entitled to any remuneration of his or her services as such” (r.5(15)).  The Regulations also provide for an entitlement to sick pay when a special constable loses remuneration from their private employment as a result of an injury received or disease contracted on duty or while commuting to or from duty (r.7).

Two similarly drafted Regulations provide for closure of providers of collective childcare and education. The Child Care Services Regulations apply to services provided at a child day centre or by a childminder (r.3). Childminding does not include looking after a child for which you are responsible (meaning a child to which you are related, or have parental responsibility for, or are fostering); looking after a child where you are directly employed to look after a child by such a person (so nannys are excluded); or being employed by two different employers looking after children wholly or mainly in the private dwelling of either employer (Regulation of Care Act s.20-21). The DHSC may order named child care service providers, or all child care services, or child care services of a particular location or description, to be temporary closed (r.5) The DHSC has considerable discretion in making such orders – for instance being able to keep a setting open for particular types of person (r.5(3)). In such case, a child care provider must take reasonable steps to ensure that persons do not attend premises for purposes connected with child care services (r.5(2)). The Regulation is backed by the power of the DHSC to apply for an junction to enforce its order (r.5(4)), and a criminal offence where a person fails without reasonable excuse to comply with the order (r.6). The Educational Institutions Regulations make similar provision for schools and colleges, superceding the Schools Regulations discussed in an earlier blog (r.8), and never put before Tynwald for approval. As well as giving similar powers to the DESC as the DHSC has over child care service providers (r.5), the Regulations retain the modification of normal requirements in relation to school attendance from the earlier Regulations (r.6).

The final Regulation amends the Prohibition on Movement Regulations discussed in an earlier blog. The definition of emergency or necessary voluntary service was expanded to include the Isle of Man Coastguard and Isle of Man Civil Defence Corps (r.3).