Emergency Powers Regulations made on the 12th of June 2020.

The Closure of Businesses and Other Premises (no.2) Regulations  expressly revoke the People, Places and Activities Regulations (reg.10). These were made on the 30^th of May, and rejected by Tynwald on the 5^th of May, so were due to expire on the 13^th of June in any case (Emergency Powers Act 1936 s.4(2)), so this EPR revoked them a day early, on the 12 June. Neither this, nor the matching Events and Gathering Regulation made the same day and discussed below, deal with the body of EPRs repealed by the defunct PPAR – the repeals effected by the PPAR, despite it being rejected by Tynwald, must be taken to have stuck. This EPR replaces it with new rules on closure of businesses, and the Events and Gathering Regulation, discussed below, does the same for events and gatherings. The third major EPR which the PPRA sought to consolidate – the Prohibitions on Movement – is simply revoked and not replaced.

This EPR is comparatively simple, but does move a lot of the detail – upon which depends criminal liability – into directives from “a relevant Department”. As a set of regulations aimed at people in relation to their businesses, as opposed to the generality of Manx residents, this seems less objectionable than the PPAR which preceded it – although as I have noted on a number of occasions in this blog, I remain concerned at the details of criminal offences being created by Departments rather than subject to the oversight of Tynwald. A very small list of businesses – nightclubs, swimming pools, cinemas and theatres  –  must remain closed until the Chief Minister announces that they are permitted to reopen (reg.4). Other businesses may open “to the extent, and subject to the conditions referred to in any guidance issued and published by a relevant Department at www.gov.im” (reg.5). Businesses permitted to reopen must adopt such measures as are reasonably practicable to reduce the risk of infection flowing from being on the premises, being in contact with a person from the business or being in contact with an other person on the premises (reg.6(1)). This includes complying with guidance issued by the Department of Enterprise (reg.6(2)). It should be pointed out that there will be two types of guidance under this Regulation: guidance from “relevant Departments” as to the conditions under which a business may reopen, which may include conditions imposed in order to reduce the risk of infection; and guidance from the DoE only on what measures are reasonably practicable to reduce the risk of infection. The guidance from the DoE may include guidance on how to reduce the risk of infection of holding a gathering or event on the business premises (reg.6(3)). These EPRs may be enforced by a constable, or another person designated by either the DHSC or the DHA; and in doing so a constable may enter premises, require a person to leave a business or premises, and use “reasonable force” (reg.7). A person who, without reasonable excuse, fails to comply with sections 4,5, or 6, or obstructs  a person carrying out a function under this EPR, commits a criminal offence (reg.8). This can be be punished by the EPR standard fine and/or imprisonment (reg.8), or a fixed penalty notice (reg.9, amending Fixed Penalty Regulations Schedule).

The Events and Gatherings: Qualification Regulations, provides a freestanding Events and Gatherings regime. The new EPR is simple, and unlike the PPAR, does not provide massive executive discretion over the liability of individuals. The EPR starts from the position that any event or gathering (both defined in reg.3) in a public or private place is permitted (reg.5(1)). Events in public places (by which is meant places “where the public is routinely allowed to enter without the need for prior permission whether on payment or otherwise”) are subject to a maximum size – 10 persons between 6.42pm on 12 June and the 15^th of June, 30 persons thereafter (reg.5(2)). An event or gathering in “any indoor part” of a private place used mainly as a private dwelling must not exceed members of the household, plus two other persons from a single other household (reg.5(3)). An event or gathering “in any outdoor part” of a private place used mainly as a private dwelling is subject to the same maximum size limit for events in public places, but with no limit in relation to the number of households (reg.5(4), with household defined in reg.3). So from the 15^th of June up to 30 people, from up to 30 households, may gather in a public place, or the outdoor part of a private dwelling. A business which is required to stay closed – discussed above – may only allow a gathering of persons to the extent necessary to allow it to prepare to reopen (reg.5(4), referring to Closure of Businesses and Other Premises (no.2) s.4(3)). These Regulations may be enforced by a constable, or other person designated by the DHSC (reg.6(1)). A constable, but not any other person, may enter premises; require one or more person attending an event of gathering to leave; and use “reasonable force” as part of this power of enforcement (reg.6(2)). A person who without reasonable excuse fails to comply with these restrictions, or fails to leave when required to by a constable, or obstructs “any person” carrying out a function under these Regulations, commits a criminal offence (reg.7(1)). This can be punished by the EPR standard of 3 months custody and a fine, or a by a fixed penalty notice (reg.7(2), and reg.8 amending Fixed Penalty Regulations Schedule). There is an harmless error in the latter, as the Fixed Penalty Regulation is amended to included constable’s directions under reg.4,5 and 6 – under this new Regulation, only reg.6 refers to constable’s directions.

The Speed Limits (no.3) Regulations make one change to the EPR speed limits rules. The general speed limit outside of districts or other areas with specific limit, which had been changed to 40 mph by the Speed Limits Regulations, has been changed to 60 mph (reg.4(3) temporarily amending Road Traffic Regulation Act 1985 s.22). This Regulation otherwise duplicates part of the Speed Limits Regulations (no.2), which is revoked (reg.5).