Emergency Power Regulations, 29 April to 1 May.

Two Regulations amending the Closure of Businesses Regime were created in rapid succession.

The Closure of Businesses and Other Premises (no.3) Regulations adds recycling facilities to civic amenity sites as premises that may remain open for restricted purposes (reg.3(3)(a), amending Sch.1), discussed further below; and makes it clear that the premises identified for provision of temporary accommodation in the early Regulation noted here are permitted to open for that purpose (reg.3(3)(b)).  The more significant changes are to the rules concerning continuation of operation of businesses, added to the new detail added by Closure of Businesses and Other Premises (Amendment no.2) Regulations, discussed here.  The duty on employers to ensure that premises are regularly cleaned is amended to “regularly and frequently cleaned” (reg. 3(2)(a) amending reg.5(3)(b)). The power of an employer to require the presence at the business premises of employees, limited by the no.2 Amendments is clarified to include a power to require presence at “such other premises as the employee would ordinarily be expected to attend” (reg.3(2)(b) amending reg.5(4)(a)). This covers the case of a business whose employees deliver services outside of their own premises – for instance an electrical goods repair service, or provider of temporary office workers.

The Closure of Businesses and Other Premises (no.4) Regulations makes two amendments to Part 1 of the Schedule, that is businesses which must close. Original entry 20 simply closed “golf courses”; this has been amended to close clubhouses serving golf courses, except that if the clubhouse includes a point where members must report prior to playing golf “that part of the clubhouse may remain open for that purpose only” (reg. 3(2)(a), amending Sch.1). Original entry 21 similarly closed “any premises that provide recreational fishing activities”. The amendment reduces the scope of that restriction to fishing from any unmoored vessel, or from premises charging a fee other than a fishing license fee (reg.3(2)(b), amending Sch.1). This amendment continues the trend of blurring an initially clear distinction between Part 1 of the Schedule (“Businesses and Premises that must close”), Part 2 (“Businesses and premises that may remain open for Restricted purposes”), and Part 3 (“Businesses that may remain in operation”).

The question of recycling facilities appears in both of these amending Regulations. The no 3 Regulations added “other facilities for the collection of recyclable” to the permission to open for civic amenity sites (reg.3(3)(a)), amending Sch.1). The no 4 Regulations correct the no.3 Regulations by adding “products” after the word “recyclable” (reg 3(3)) – correcting a purely typographical error, as the guidance to the no.3 Regulations refer explicitly to “recyclable products”.