Emergency Power Regulations made between the 16th and 18th of May 2020.

One new, and to me very crisp and clean, Regulation and two more amending Regulations.

The Local Government Regulations make a number of changes to the functioning of local authorities (including local authorities under the Local Government Act 1985, joint boards, joint committees, and associated sub-committees, reg. 3). The Regulations give these authorities the power to determine their meeting schedule without regard to any statutory duty or restriction (reg.5(1),(2)); provides for continuation of appointments otherwise requiring an annual meeting (reg.5(3)), provides for the automatic reappointment of members of joint and committees boards where a vacancy had not been filled before the Regulations came into effect (reg.5(4),(5)), and postpones all compulsory filling of casual vacancies until after the emergency period (reg.9, amending Local Elections Act 1986). All references to local authority meetings are now to be interpreted as allowing “remote attendance” (reg.6(3)), which requires that a member can heard and be heard by members; heard and be heard by members of the public exercising a right to speak at the meeting; and be heard by any other members of the public attending the meeting (reg.6(4)). A local authority may make standing orders and rules governing meetings and remote attendance for meetings in relation to voting, access to documents, and remote access of the public and press (reg.6(7)). Duties on local authorities to make documents available for inspection or copying by the public can be met by publishing electronically (including via social media), physically posting in a conspicuous place, or “in such other manner as the local authority considers appropriate” (reg.7(2)). The reference to social media is interesting – individuals can access the government website through a wide range of proprietorial devices and apps – a sufficient range as to make the connection with those devices and apps insignificant. If, for instance, documents are made available on facebook only, however, that does suggest the public need to engage with that very specific proprietorial infrastructure.

The Prohibition on Movement (amendment no.6) Regulations modify the exceptions to the general prohibition on movement in relation to the property market. Moves to a new residence no longer need to be reasonably necessary (amending reg.5(1)(k)) or for welfare reasons (old reg.5(5A) allowing this now deleted); and viewing a property or visiting a premises (including an estate agents, new reg.5(5D)) preparing for a purchase, lease, remortgage (new reg.5(5E)) or move are now acceptable (new reg. 5(1)(v)), except for business premises required to close under the Closure of Businesses Regulations, so long as the person who does so complies with government guidance, any conditions for a business premises permitted to open only with conditions, and any direction made under the Events and Gatherings Regulations (new rev.5(1)(v)(ii)).

The Closure of Businesses and Other Premises Amendment (no.8) Regulations reopen a number of businesses sectors. The residual category of “any other retail business” (i.e. any retail business not specifically discussed in the Regulations), along with betting shops, car show rooms, and shopping centres, will be allowed to open from the 18^th of May (reg.3(3) amending Part 1 of the Schedule). More generally, attending a retail business or premises not required to close is added to the list of acceptable reasons for leaving your house so long as you comply with government guidance, any conditions on the business, and any direction made under the Events and Gatherings Regulations (amending Prohibition on Movement Regulations reg.5(1)(u)). Additionally, all businesses allowed to continue are required to comply with guidance from the Department of Enterprise (new reg.5(3)(d), adding to the specific measures that must be taken to reduce the risk of infection) – this does not only apply to the newly opened businesses. Finally, earlier restrictions on employers requiring them to ensure only the minimum number of staff present necessary for operation of their business has had a subtle, but significant change – by adding “on a sustained basis” (to reg.5(4)(b)), the Regulations allow an employer to require more staff to attend in order to address effective operation in the medium term (the marathon rather than than the sprint); and for staff to travel to work to do so.