Lockdown 3.4 – changes on 7 March.

As is usual, the GCs replace entirely predecessor GCs on the same topic. Unusually, however, the new GCs do not revoke the previous ones. In three cases, this is because the previous GCs already incorporated an expiry of 00:01 on 8 March, the moment the new GCs come into effect. GC 2021/0041, however, had an expiry of 00:01 on 20th March; while its replacement GC comes into effect at 00:01 on 8 March, and does not revoke its predecessor. To apply the doctrine of implied repeal to a government circular, however, I think that the new GC revokes (as has been the case in previous GCs on the topic) its predecessor.

GC 2021/0043 covers educational institutions. There are no changes.

GC 2021/0044  covers child care providers. There are no changes. This is unfortunate, as para.2 remains very difficult to understand.

GC 2021/0045 covers restrictions on movement. There are no changes.

GC 2021/0046 covers closure of premises. The only changes are in the schedule relating to conditions for the opening of premises.

Parks have been removed from the express list of outdoor leisure, exercise and recreation venues allowed to open. The list is “including but not limited to”, so there may be an argument that parks can remain open even after removal from the explicit list. Against that, choosing to remove “parks” suggests some change was envisaged.

The list of essential workers whose children will be prioritised in education provision, which survived the closure of educational provision in the last set of GCs, has now been deleted. The concept of “essential worker” is, however, still retained in the GCs, in relation to the Government Department category. This now stands to be interpreted without a definition set out in the GCs – there is unlikely to be much practical difference; and the GCs now do not have a (potentially misleading) reference to priority in education provision.

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