Lockdown 3.14 – GCs made on 9th April.

GCs covering all the key internal aspects of the lockdown, including a GC that seems to have survived less than one minute before being repealed.

Gatherings.

GC 2021/0072 covers gatherings. It comes into effect on the 12^th of April, replacing GC 2021/0070 from that date. It makes two changes related to property.

Firstly, it will be recalled that earlier GCs allowed viewing of properties only in relation to emergency moves. This has now been changed – a person may enter a vacant dwelling for the purposes specified in para.5(1)(v) and of the restriction on movement GCs (para.25). I discuss this fully in relation to the restriction on movement GC.

Secondly, a number of tradespersons may enter dwellings for reasons related to their trade. These are “a tradesperson” to carry out work to the property, and a delivery person to take a delivery into the property (note there is no mention of a delivery person collecting from the dwelling) (para.27(1)); and a property professional including “a surveyor, estate agent or photographer” for purposes connected with the sale or letting of the property (para.27(2)). In both cases, the tradesperson must comply with the GCs dealing with closure of premises, as well as the normal conditions applicable to all lawful gatherings under para.28). The exact scope of this is not completely clear – the definition of dwelling applicable elsewhere is not applied to this section (para.29, which includes a definition of dwelling, remains applicable only to para.20-24); and the discussion of closure of premises suggests that dwelling should be read broadly – certainly that a business premises which is also a dwelling is included.

Restriction on movement.

GC 2021/0073 deals with restriction on movement; like the gathering GC coming into effect on the 12^th of April. A significant theme in the GC is the moving away from a requirement that leaving home to access a particular service is essential.

One change is in relation to the shopping ground – formerly limited to shopping for basic necessities, under the new GC, going shopping “at any retail premises which is not required to close” under the closure GC is permitted (para.5(1)(c)). There is a similar move away from essential in relation to tradespersons coming to your home. Permission for tradespersons to leave home to carry out work in the home of another is amended to remove the need for the work to be essential (para.5(1)(gg)). Similarly, the former ground allowing access to veterinary services and other critical animal welfare services is amended to include “grooming services provided that the person does not remain inside the premises while the services are being provided” (para.5(1)(kk)). It is not clear to me whether the need to wait outside applies to the services which were already permitted – if so, that is a new restriction on how an animal owner accesses veterinary services for instance.

Finally, we see the same theme in relation to viewing properties for sale or rent. The earlier GC limited this to possible renters who were permitted to make an emergency move; the new GC allows any person to meet an estate agent, landlord or letting agent a vacant property to which they are considering moving (para.5(1)(v)). In most ways this is a notable relaxation – the meeting may be for a non-emergency move, and may be for house purchase as well as house rental. The previous GC, however, did not require that the property be vacant (a problem I noted here). A matching permission for estate agents, landlords, or letting agents to meet prospective buyers or tenants at the property has been similarly extended to non-emergency rentals and purchases (para.5(1)(w)).

Closure of premises.

Turning to closure of premises, there is an oddity to the two GCs created to update this area. GC 2021/0074 was signed at 16:31 on the 9^th of April: exactly the same time, we are told in the signature line, as GC 2021/0071. It specifically revokes GC 2021/0071. GC 2021/0071, then, was good law for less than a minute. Given GC 2021/0071 would not have come into effect until the 12^th of April, it is unclear why it was created at all; unless perhaps the times in at least one of the signature lines are not accurate, and the error in GC 2021/0071 was spotted only after it had been created, requiring amendment.

GC 2021/0071 had replaced GC 2021/0066, making substantial changes to the closure of premises rules; as usual in the detailed Schedule. These important changes will be given effect by GC 2021/0074.

Outdoor leisure, exercise and recreation was formerly limited to outdoor places which were not enclosed, with play and other exercise equipment not be used. These limits are removed – if an outdoor place is not closed by any other PHR or GC, and “any specific guidance relating to organised activities and sport is adhered to”, it may be open. This opens up, for instance, tennis courts and outdoor play areas.

The rules permitting work inside an occupied premises formerly limited work to essential work; this limit is retained “where a person is shielding (including a person subject to a Direction given under the Regulations or clinical advice to self-isolate or is a vulnerable adult)” but not otherwise. The first two seem sensible enough, but it is less clear why (say) a household with an adult with a “physical or mental disability” (part of a fuller definition of vulnerable adult in para.8) should be unable to have non essential work carried out. Work in an occupied premises must still follow government guidance on mitigating of risk, but a specific reference to face coverings and social distancing has been removed.

Pet grooming services are permitted to reopen, but only for drop-off grooming and, matching the movement GC, owners may not remain on the premises. Libraries may offer not only online lending services, but may now provide “for the collection and delivery of books”’; not for browsing or reading.

Hardware stores are now to be treated the same way as garden centres; including any in-house café (if any reader can give me an example of a Manx hardware store with an in-house café I would be interested both for this blog, and to add to my growing list of must-do’s for when the borders open).

A novelty to this GC is the addition of educational institutions to the list. Formerly these have been dealt with under their own GC, but they are now referred to as premises; with fairly detailed discussion of when they may be accessed. The specific Educational Institution and Childcare GCs are not expressly revoked by this GC, but their current versions run out at 00:01 on 12^th April, when this GC commences. It will be interesting to see if they are replaced, or the fairly compact discussion of educational institutions and childcare in this GC is left to do all the work. A reference in this GC to DPH and DESC dealing with who may access both in directions makes me think that we will see these in due course.

GC2021/0074 is identical to GC 2021/0071 except that it fixes an error in GC 2021/0071 regarding work on work sites. GC 2021/0071 had – I assume inadvertently – removed permission for work carried out “wholly outdoors”. GC 2021/0074 restored it.