COVID-19 UK Timeline

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Covid-19 timeline as presented by the court of justice business and property courts queen's bench division financial list, for the COVID-19 Business Interruption insurance test 

 This page reports the most accurate reconstruction in relation to the events define as COVID-19 pandemic in UK, in particular report the history of the disease to date and the government response to it.

Al the facts were collected and organise by the court of justice business and property courts queen's bench division financial list, for the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others.

We believe that is important public this material has remainder of the prescription adopted in order to reduce the risk of what could be label as an historic event.

This is the reason why we have decided to public those facts independently from the court decision, however for the entire argumentation please click here. 

The history of the disease to date and the government response to it.

Developments between December 2019 and February 2020.

1.  On 31 December 2019, the World Health Organization (“WHO”) was informed of pneumonia cases of unknown cause in the city of Wuhan, in the Hubei province in China.
2. On 12 January 2020, the WHO announced that a novel coronavirus had been identified in samples obtained from cases in China. 
3. This announcement was subsequently recorded by Public Health England (“PHE”). The virus was named severe acute respiratory syndrome coronavirus 2, or SARS-CoV-2, and the associated disease was named COVID-19. 
4. On 22 January 2020, the UK Department of Health and Social Care (“Department of Health”) and PHE issued a statement to the effect that the coronavirus situation was being constantly monitored. The risk level was raised from “very low” to “low”. At this stage, there were no confirmed cases in the UK. 
5. On 28 January 2020, the UK Foreign Office advised against travel to Wuhan. 
6. On 30 January 2020, the risk level was raised again, this time from “low” to “moderate”.
7. On 30 January 2020, the WHO declared the outbreak of COVID-19 a “Public Health Emergency of International Concern”. 
8. On 31 January 2020, the Chief Medical Officer for England confirmed that two patients had tested positive for COVID-19 in England. 
9. On 10 February 2020, the Health Protection (Coronavirus) Regulations 2020 were introduced by the Secretary of State for Health and Social Care, pursuant to powers under the Public Health (Control of Disease) Act 1984 (“the 1984 Act”). In broad terms, the regulations provided for the detention and screening of persons reasonably suspected to have been infected or contaminated with COVID-19. 
10. The regulations were subsequently repealed on 25 March 2020 by the Coronavirus Act 2020.  
11. On 22 February 2020, COVID-19 was made a “notifiable disease”, and SARS-CoV-2 made a “notifiable organism”, in Scotland by amendment to the Public Health etc. (Scotland) Act 2008. The same followed for Northern Ireland, England and Wales on the dates set out below. 
12. On 25 February 2020, the UK Government announced that travellers from certain locations including Hubei province should self-isolate at home regardless of whether they had any symptoms. 
13. On the same day, the UK Government published guidance for employers and businesses about sanitisation and other matters. 
14. On 27 February 2020, the first case of COVID-19 was confirmed in Northern Ireland. The following day, the first case was confirmed in Wales. 
15. On 29 February 2020, COVID-19 was made a notifiable disease in Northern Ireland by amendment to the Public Health Act (Northern Ireland) 1967. 
16. On 1 March 2020, the first case of COVID-19 was confirmed in Scotland.
17. On 2 March 2020, the UK recorded the first death of an individual who had tested positive for COVID-19. 
18. On 5 March 2020 the first death from COVID-19 was publicly announced by the Chief Medical Officer for England, as emerged from certain death data published by the National Health Service (“NHS”)
19. On 3 March 2020, the UK Government announced an “action plan” setting out its response to the COVID-19 outbreak. That plan set out information that was known at the time about the virus and its spread, as well as the UK’s preparations for infectious disease outbreaks. It included discussion of four phases of the response: “contain”, “delay”, “research” and “mitigate”. 
20. On 4 March 2020, the UK Government published guidance titled “Coronavirus (COVID19): What is social distancing?” on the PHE Public Health Matters blog. It referred to the Government’s action plan from the previous day and the possibility of introducing social distancing measures. It asked people to think about how they could minimise contact with others. 
21. On 5 March 2020, the Scientific Advisory Group for Emergencies (“SAGE”) held a meeting, the minutes of which record that there was epidemiological and modelling data to support the implementation of isolation measures for people with symptoms (and their families) within one to two weeks, and then for vulnerable people roughly two weeks after that. 
22. On the same day, 5 March 2020, COVID-19 was made a notifiable disease, and SARS-CoV-2 made a “causative agent”, in England by amendment to the Health Protection (Notification) Regulations 2010 (“the 2010 Regulations”). 
23. On 6 March 2020, the same followed for Wales by amendment to the Health Protection (Notification) (Wales) Regulations 2010. 
24. Accordingly, by 6 March 2020, COVID-19 was a notifiable disease across the UK. Notifiable diseases are diseases in respect of which medical professionals and others have statutory responsibilities to notify public authorities. In England, for example, the notification regime is established by the 1984 Act together with the 2010 Regulations.
25. On 11 March 2020, the WHO declared COVID-19 to be a pandemic.  
26. On 12 March 2020, the UK Government announced that it was moving from the “contain” phase to the “delay” phase of its action plan and raised the risk level from “moderate” to “high”. Those with symptoms were told to self-isolate for 7 days.
27. On 13 March 2020, SAGE held a meeting, the minutes of which record that “SAGE now believes there are more cases in the UK than SAGE previously expected at this point … The science suggests that household isolation and social distancing of the elderly and vulnerable should be implemented soon”. 
28. On 16 March 2020, there was a further SAGE meeting, the minutes of which record that “SAGE advises that there is clear evidence to support additional social distancing measures be introduced as soon as possible”. The same day, the UK Government published guidance on social distancing. The guidance advised vulnerable people to avoid social mixing and to work from home where possible. The advice included that large gatherings should not take place.
29. The same day, on 16 March 2020, the Prime Minister, the Rt Hon Boris Johnson MP, made a statement which included the following: "Last week we asked everyone to stay at home if you had one of two key symptoms: a high temperature or a new and continuous cough. Today, we need to go further, because according to SAGE it looks as though we’re now approaching the fast growth part of the upward curve. And without drastic action, cases could double every 5 or 6 days. So, first, we need to ask you to ensure that if you or anyone in your household has one of those two symptoms, then you should stay at home for fourteen days. That means that if possible you should not go out even to buy food or essentials, other than for exercise, and in that case at a safe distance from others. If necessary, you should ask for help from others for your daily necessities. And if that is not possible, then you should do what you can to limit your social contact when you leave the house to get supplies. And even if you don’t have symptoms and if no one in your household has symptoms, there is more that we need you to do now. So, second, now is the time for everyone to stop non-essential contact with others and to stop all unnecessary travel. We need people to start working from home where they possibly can. And you should avoid pubs, clubs, theatres and other such social venues. It goes without saying, we should all only use the NHS when we really need to. And please go online rather than ringing NHS 111. Now, this advice about avoiding all unnecessary social contact, is particularly important for people over 70, for pregnant women and for those with some health conditions … So third, in a few days’ time – by this coming weekend – it will be necessary to go further and to ensure that those with the most serious health conditions are largely shielded from social contact for around 12 weeks … And it’s now clear that the peak of the epidemic is coming faster in some parts of the country than in others. And it looks as though London is now a few weeks ahead. So, to relieve the pressure on the London health system and to slow the spread in London, it’s important that Londoners now pay special attention to what we are saying about avoiding non-essential contact, and to take particularly seriously the advice about working from home, and avoiding confined spaces such as pubs and restaurants.  Lastly, it remains true as we have said in the last few weeks that risks of transmission of the disease at mass gatherings such as sporting events are relatively low. But obviously, logically as we advise against unnecessary social contact of all kinds, it is right that we should extend this advice to mass gatherings as well. And so we’ve also got to ensure that we have the critical workers we need, that might otherwise be deployed at those gatherings, to deal with this emergency. So from tomorrow, we will no longer be supporting mass gatherings with emergency workers in the way that we normally do. So mass gatherings, we are now moving emphatically away from.” 
30. On 17 March 2020, the Chancellor of the Exchequer, the Rt Hon Rishi Sunak MP, announced financial measures for businesses in response to COVID-19. That announcement included the following: “Second, as well as access to finance, businesses need support with their cashflow and fixed costs. Following the changed medical advice yesterday, there are concerns about the impact on pubs, clubs, theatres and other hospitality, leisure and retail venues. Let me confirm that, for those businesses which do have a policy that covers pandemics, the government’s action is sufficient and will allow businesses to make an insurance claim against their policy.”
31. On 17 March 2020, a meeting took place between the Economic Secretary to the Treasury and various representatives of the insurance industry. Of the current defendants only Hiscox, RSA and Zurich attended the meeting. After the meeting, the Chancellor of the Exchequer made various statements in Parliament about this meeting, to the effect that insurers had agreed to “do the right thing”. 
32.  On 18 March 2020, HM Treasury published a Fact Sheet entitled “How to access government financial support if you or your business has been affected by COVID-19”. That fact sheet included the following (emphasis in original): “If the only barrier to your business making an insurance claim was a lack of clarity on whether the government advising people to stay away from businesses, rather than ordering businesses to shut down, was sufficient to make a claim on business interruption insurance: The government’s medical advice of 16 March is sufficient to enable those businesses which have an insurance policy that covers both pandemics and government ordered closure to make a claim - provided all other terms and conditions in their policy are met. Businesses should check the terms and conditions of their specific policy and contact their providers if in doubt. However, most businesses have not purchased insurance that covers pandemic related losses. As such, any affected businesses should note the government’s full package of support, including the Coronavirus Business Interruption Loan Scheme and business rates holiday.” 
33. On 18 March 2020, SAGE held a further meeting, the minutes of which record that “SAGE considers that the UK is 2 to 4 weeks behind Italy in terms of the epidemic curve” and that school closures should occur as soon as practicable. According to the minutes, SAGE advised that the measures that had already been announced should have a “significant effect, provided compliance rates are good and in line with the assumptions”. In respect of social distancing, SAGE advised that it should be based on places of leisure, such as restaurants and bars, and indoor workplaces. 
34. On 18 March 2020, the Prime Minister made an announcement reiterating his statement from two days earlier to avoid non-essential contact and travel, and to work from home if possible. In that announcement, the Prime Minister said the following in respect of schools:“And we come today to the key issue of schools where we have been consistently advised that there is an important trade off. … So looking at the curve of the disease and looking at where we are now – we think now that we must apply downward pressure, further downward pressure on that upward curve by closing the schools. So I can announce today and Gavin Williamson making statement now in House of Commons that after schools shut their gates from Friday afternoon, they will remain closed for most pupils – for the vast majority of pupils – until further notice. I will explain what I mean by the vast majority of pupils. … But of course, as I’ve always said, we also need to keep the NHS going and to treat the number of rising cases. So we need health workers who are also parents to continue to go to work. And we need other critical workers with children to keep doing their jobs too – from police officers who are keeping us safe to the supermarket delivery drivers, social care workers who look after the elderly and who are so vital. We will be setting out more details shortly about who we mean in these groups. So we therefore need schools to make provision for the children of these key workers who would otherwise be forced to stay home. And they will also need to look after the most vulnerable children.” 
35. On 20 March 2020, the Prime Minister made an announcement including the following: “And that means we have to take the next steps, on scientific advice and following our plan, we are strengthening the measures announced on Monday which you will remember. And of course people have already made a huge effort to comply with those measures for avoiding unnecessary social contact. But we need now to push down further on that curve of transmission between us. And so following agreement between all the formations of the United Kingdom, all the devolved administrations, we are collectively telling, telling cafes, pubs, bars, restaurants to close tonight as soon as they reasonably can, and not to open tomorrow. Though to be clear, they can continue to provide takeout services. We’re also telling nightclubs, theatres, cinemas, gyms and leisure centres to close on the same timescale. Now, these are places where people come together, and indeed the whole purpose of these businesses is to bring people together. But the sad things [sic] is that today for now, at least physically, we need to keep people apart. And I want to stress that we will review the situation each month, to see if we can relax any of these measures. And listening to what I have just said, some people may of course be tempted to go out tonight. But please don’t. You may think you are invincible, but there is no guarantee you will get mild symptoms, and you can still be a carrier of the disease and pass it on to others. So that’s why, as far as possible, we want you to stay at home, that’s how we can protect our NHS and save lives.” 
36. On 20 March 2020, the Chancellor of the Exchequer announced a Coronavirus Job Retention Scheme which included the furloughing of workers and other financial assistance. The 21 March Regulations. 
37. On 21 March 2020, the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (“the 21 March Regulations”) were made by the Secretary of State for Health and Social Care pursuant to powers under the 1984 Act. Equivalent provisions were introduced in Wales under the Health Protection (Coronavirus, Business Closure) (Wales) Regulations 2020. 
38. The 21 March Regulations provided for the closure of certain businesses. Regulation 2 provided as follows: “Requirement to close premises and businesses during the emergency: (1) A person who is responsible for carrying on a business which is listed in Part 1 of the Schedule must: (a) during the relevant period:  (i) close any premises, or part of the premises, in which food or drink are sold for consumption on those premises, and (ii) cease selling food or drink for consumption on its premises; or (b) if the business sells food or drink for consumption off the premises, cease selling food or drink for consumption on its premises during the relevant period.  (2) For the purposes of paragraph (1)(a), food or drink sold by a hotel or other accommodation as part of room service is not to be treated as being sold for consumption on its premises. (3) For the purposes of paragraph (1)(a)(ii) and (b), an area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) to be treated as part of the premises of that business. (4) A person responsible for carrying on a business which is listed in Part 2 of the Schedule must cease to carry on that business during the relevant period. (5) If a business listed in the Schedule (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) if it closes down business A. (6) The Secretary of State must review the need for restrictions imposed by this regulation every 28 days, with the first review being carried out before the expiry of the period of 28 days starting with the day after the day on which these Regulations are made. (7) As soon as the Secretary of State considers that the restrictions set out in this regulation are no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in England with the coronavirus, the Secretary of State must publish a direction terminating the relevant period.  (8) A direction published under paragraph (7) may terminate the relevant period in relation to some of the businesses listed in the Schedule, or all businesses listed in the Schedule.  (9) For the purposes of this regulation: (a) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2); (b) a “person responsible for carrying on a business” includes the owner, proprietor, and manager of that business; (c) the “relevant period” starts when these Regulations come into force and ends on the day specified in a direction published by the Secretary of State under paragraph (7).”
39. Regulation 3 of the 21 March Regulations provided that contravention of Regulation 2 without reasonable excuse was an offence, punishable on summary conviction by a fine. Regulation 4(1) provided that a person designated by the Secretary of State may take action as necessary to enforce a closure or restriction imposed by Regulation 2.
40. The businesses listed in Part 1 of the Schedule included: restaurants, cafes, bars and public houses. Those businesses were required to close or cease carrying on the business of selling food and drink other than for consumption off the premises under Regulation 2(1). 
41. The businesses listed in Part 2 of the Schedule included cinemas, theatres, nightclubs, bingo halls, concert halls, museums, galleries, casinos, spas and gyms. Those businesses were required to cease carrying on business under Regulation 2(4). 
42. On 22 March 2020, the Prime Minister announced the next stage of the UK Government’s plan, which included “shielding” measures for vulnerable people and advising the public to stay 2 metres apart even when outdoors. The guidance for people to stay 2 metres apart was reiterated by PHE the following day. 
43. On 23 March 2020, there was a further SAGE meeting, the minutes of which provide that “high rates of compliance for social distancing will be needed to bring the reproduction number below one and to bring cases within NHS capacity”. The reproduction number or “R” is a reference to the average number of secondary infections produced by 1 infected person. The minutes also record that “Public polling over the weekend on behaviour indicated significant changes but room for improvement in compliance rates”. 
44. On 23 March 2020, the Prime Minister made an announcement which included the following: “From this evening I must give the British people a very simple instruction - you must stay at home. Because the critical thing we must do is stop the disease spreading between households. That is why people will only be allowed to leave their home for the following very limited purposes: shopping for basic necessities, as infrequently as possible one form of exercise a day - for example a run, walk, or cycle - alone or with members of your household: any medical need, to provide care or to help a vulnerable person; and travelling to and from work, but only where this is absolutely necessary and cannot be done from home. That’s all - these are the only reasons you should leave your home. You should not be meeting friends. If your friends ask you to meet, you should say No. You should not be meeting family members who do not live in your home. You should not be going shopping except for essentials like food and medicine - and you should do this as little as you can. And use food delivery services where you can. If you don’t follow the rules the police will have the powers to enforce them, including through fines and dispersing gatherings. To ensure compliance with the Government’s instruction to stay at home, we will immediately:  close all shops selling non-essential goods, including clothing and electronic stores and other premises including libraries, playgrounds and outdoor gyms, and places of worship. we will stop all gatherings of more than two people in public – excluding people you live with. and we’ll stop all social events, including weddings, baptisms and other ceremonies, but excluding funerals.” 
45. On 23 March 2020, the UK Government issued guidance to businesses about closures. The advice included that it would be an offence to operate in contravention of the 21 March Regulations and that businesses in breach of the regulations would be subject to prohibition notices and potentially unlimited fines. 
46. On 24 March 2020, the UK Government issued guidance to holiday accommodation providers to the effect that they should have taken steps to close for commercial use and to remain open only for limited prescribed purposes, for example supporting key workers or homeless people. 
47. On 25 March 2020, the Coronavirus Act 2020 was passed. The Act applies across the UK, although different provisions have come into force in different nations at different times. In broad terms, the Act provides for emergency arrangements in relation to health workers, food supply, inquests and other matters. Sections 37 and 38, and Schedules 16 and 17, of the Act provide the Secretary of State with power to give temporary directions to close “educational institutions”, though to date that power has not been exercised. 
48. On 26 March 2020, the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the 26 March Regulations”) were made by the Secretary of State for Health and Social Care pursuant to powers under the 1984 Act. Similar provisions were introduced in Wales under the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020, in Scotland under the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020, and in Northern Ireland under the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020. 
49. The 26 March Regulations revoked most of the 21 March Regulations and introduced a more expansive regime for business closures, as explained below. 
50. The 21 March Regulations remain in force to the limited extent that they provide for offences committed between 21 March 2020 and 25 March 2020 (Regulation 2(2) of the 26 March Regulations). 
51. Regulation 3 of the 26 March Regulations defined the emergency period as follows: “The emergency period and review of need for restrictions 3: (1) For the purposes of these Regulations, the “emergency period”: (a) starts when these Regulations come into force, and (b) ends in relation to a restriction or requirement imposed by these Regulations on the day and at the time specified in a direction published by the Secretary of State terminating the requirement or restriction. (2) The Secretary of State must review the need for restrictions and requirements imposed by these Regulations at least once every 21 days, with the first review being carried out by 16th April 2020.  (3) As soon as the Secretary of State considers that any restrictions or requirements set out in these Regulations are no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in England with the coronavirus, the Secretary of State must publish a direction terminating that restriction or requirement. …” 
52. Regulation 4 of the 26 March Regulations was in a similar form to Regulation 2 of the 21 March Regulations and provided as follows:“Requirement to close premises and businesses during the emergency: (1) A person responsible for carrying on a business which is listed in Part 1 of Schedule 2 must: (a) during the emergency period:  (i) close any premises, or part of the premises, in which food or drink are sold for consumption on those premises, and (ii) cease selling food or drink for consumption on its premises; or (b) if the business sells food or drink for consumption off the premises, cease selling food or drink for consumption on its premises during the emergency period. (2) For the purposes of paragraph (1)(a), food or drink sold by a hotel or other accommodation as part of room service is not to be treated as being sold for consumption on its premises. (3) For the purposes of paragraph (1)(a)(ii) and (b), an area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business. (4) A person responsible for carrying on a business or providing a service which is listed in Part 2 of Schedule 2 must cease to carry on that business or to provide that service during the emergency period.  (5) Paragraph (4) does not prevent the use of: (a) premises used for the businesses or services listed in paragraphs 5, 6, 8, 9 or 10 of that Part to broadcast a performance to people outside the premises, whether over the internet or as part of a radio or television broadcast; (b) any suitable premises used for the businesses or services listed in that Schedule to host blood donation sessions. (6) If a business listed in Part 1 or 2 of Schedule 2 (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) if it closes down business A.” 
53. Regulation 5 introduced new closures for retail shops, holiday accommodation providers and places of worship: (1) A person responsible for carrying on a business, not listed in Part 3 of Schedule 2, of offering goods for sale or for hire in a shop, or providing library services must, during the emergency period: (a) cease to carry on that business or provide that service except by making deliveries or otherwise providing services in response to orders received:  (i) through a website, or otherwise by on-line communication, (ii) by telephone, including orders by text message, or (iii) by post; (b) close any premises which are not required to carry out its business or provide its services as permitted by sub-paragraph (a); (c) cease to admit any person to its premises who is not required to carry on its business or provide its service as permitted by subparagraph (a). (2) Paragraph (1) does not apply to any business which provides hot or cold food for consumption off the premises.  (3) Subject to paragraph (4), a person responsible for carrying on a business consisting of the provision of holiday accommodation, whether in a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house, must cease to carry on that business during the emergency period. (4) A person referred to in paragraph (3) may continue to carry on their business and keep any premises used in that business open— (a) to provide accommodation for any person, who:(i) is unable to return to their main residence; (ii) uses that accommodation as their main residence; (iii) needs accommodation while moving house; (iv) needs accommodation to attend a funeral; (b) to provide accommodation or support services for the homeless, (c) to host blood donation sessions, or (d) for any purpose requested by the Secretary of State, or a local authority. (5) A person who is responsible for a place of worship must ensure that, during the emergency period, the place of worship is closed, except for uses permitted in paragraph (6). (6) A place of worship may be used:  (a) for funerals, (b) to broadcast an act of worship, whether over the internet or as part of a radio or television broadcast, or (c) to provide essential voluntary services or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency). (7) A person who is responsible for a community centre must ensure that, during the emergency period, the community centre is closed except where it is used to provide essential voluntary activities or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency). (8) A person who is responsible for a crematorium or burial ground must ensure that, during the emergency period, the crematorium is closed to members of the public, except for funerals or burials. (9) If a business referred to in paragraph (1) or (3) (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) or (3) to cease to carry on its business if it ceases to carry on business A.” 
54. Regulation 6(1) set out the general prohibition against people leaving the place where they were living “without reasonable excuse”. Regulation 6(2) provided a non-exhaustive list of reasonable excuses, including the need to obtain basic necessities, take exercise, seek medical assistance, or fulfil a legal obligation. 
55. Regulation 7 prohibited gatherings in public places of more than two people other than in limited circumstances. 
56. Regulation 8(1) provided “relevant persons” with the power to take such action as necessary to enforce any requirements imposed by Regulations 4, 5 or 7. Under Regulation 8(3) and (4), where a relevant person considered that a person was outside the place they were living contrary to Regulation 6(1), a relevant person could direct them to return to the place they were living or remove them to the place where they were living, including by using reasonable force if necessary. “Relevant person” was defined in Regulation 8(12)(a) to include a constable, a police community support officer or a person designated by the Secretary of State. 
57. Regulation 9(1) provided that a contravention of Regulations 4, 5, 7 or 8 without reasonable excuse was an offence and any contravention of Regulation 6 was an offence. Such offences were punishable on summary conviction by a fine (Regulation 9(4)). The parties agreed that there were several reports of enforcement action being taken under these sections in the months after 26 March 2020. 
58. Regulation 10(1) provided “authorised persons” with powers to issue fixed penalty notices. “Authorised person” was defined to include a constable, a police community support officer or a person designated by the Secretary of State. 
59. Regulation 11 provided that the Crown Prosecution Service, and any person designated by the Secretary of State, could bring proceedings for an offence under the regulations. 
60. Regulation 12(1) provided that the regulations would expire at the end of the 6 months period beginning with 26 March 2020. 
61. Schedule 2 to the 26 March Regulations was entitled “Businesses subject to restrictions or closure” and provided a list of businesses in three parts:“1. Restaurants, including restaurants and dining rooms in hotels or members’ clubs. ·2.—(1) Cafes, including workplace canteens (subject to sub-paragraph (2)), but not including: (a) cafes or canteens at a hospital, care home or school; (b) canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence; (c) services providing food or drink to the homeless.  (2) Workplace canteens may remain open where there is no practical alternative for staff at that workplace to obtain food. 3. Bars, including bars in hotels or members’ clubs.  4. Public houses.  5. Cinemas. 6. Theatres. 7. Nightclubs.  8. Bingo halls. 9. Concert halls.  10. Museums and galleries.  11. Casinos.  12. Betting shops.  13. Spas.  14. Nail, beauty, hair salons and barbers.  15. Massage parlours.  16. Tattoo and piercing parlours. 17. Skating rinks.  18. Indoor fitness studios, gyms, swimming pools, bowling alleys, amusement arcades or soft play areas or other indoor leisure centres or facilities.  19. Funfairs (whether outdoors or indoors).  20. Playgrounds, sports courts and outdoor gyms.  21. Outdoor markets (except for stalls selling food). 22. Car showrooms.  23. Auction Houses.  24. Food retailers, including food markets, supermarkets, convenience stores and corner shops. 25. Off licenses and licensed shops selling alcohol (including breweries).  26. Pharmacies (including non-dispensing pharmacies) and chemists.  27. Newsagents.  28. Homeware, building supplies and hardware stores. 29. Petrol stations. 30. Car repair and MOT services.  31. Bicycle shops.  32. Taxi or vehicle hire businesses.  33. Banks, building societies, credit unions, short term loan providers and cash points.  34. Post offices.  35. Funeral directors.  36. Laundrettes and dry cleaners. 37. Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health. 38. Veterinary surgeons and pet shops.  39. Agricultural supplies shops.  40. Storage and distribution facilities, including delivery drop off or collection points, where the facilities are in the premises of a business included in this Part. 41. Car parks.  42. Public toilets.” 
62. For the purposes of these proceedings, the parties adopted a categorisation of businesses in light of the 21 March Regulations and the 26 March Regulations as follows: Category 1: businesses listed in Part 1 of Schedule 2 to the 26 March Regulations, such as cafes and restaurants. This category was affected by Regulation 2(1) of the 21 March Regulations and Regulation 4(1) of the 26 March Regulations. Category 2: businesses listed in Part 2 of Schedule 2 to the 26 March Regulations, such as cinemas and theatres. This category was affected by Regulation 4(4) of the 26 March Regulations. It should be noted that this list expanded the earlier list in Part 2 of the Schedule to the 21 March Regulations, that subset being affected by Regulation 2(4) of the 21 March Regulations. Category 3: businesses listed in Part 3 of Schedule 2 to the 26 March Regulations, such as food retailers and pharmacies. This category was excluded from the scope of Regulation 5(1) of the 26 March Regulations. Category 4: businesses offering goods for sale or for hire in a shop, or providing library services, such as retail stores, not listed in Part 3 of Schedule 2 to the 26 March Regulations. This category was affected by Regulation 5(1) of the 26 March Regulations. Category 5: businesses not mentioned in the 21 March Regulations or the 26 March Regulations at all, including professional service firms such as accountants and lawyers, as well as construction and manufacturing businesses. Category 6: businesses providing holiday accommodation, which were affected by Regulation 5(3) of the 26 March Regulations. Category 7: places of worship, which were affected by Regulation 5(5) of the 26 March Regulations, together with nurseries and schools.
63. On 4 April 2020, the Secretary of State for Health and Social Care designated local councils, including district councils, county councils and London borough councils, as “relevant persons” and “authorised persons” under the enforcement provisions in the 26 March Regulations. Specifically, local councils were empowered to take action and issue fixed penalty notices under Regulations 8 and 10 for the enforcement of Regulations 4 and 5. They were also empowered under Regulation 11 to bring proceedings for an offence under Regulations 4 and 5.  
64. On 16 April 2020, the restrictions in the 26 March Regulations were continued for a further three-week period. 
65. On 28 April 2020, the Secretary of State for Health and Social Care, the Rt Hon Matt Hancock MP, responded to a question in a daily press conference in the following terms: “There was a big benefit, I think, as we brought in the lockdown measures, of the whole country moving together. We did think about moving with London and the Midlands first, because they were more advanced in terms of the number of cases, but we decided that we are really in this together, and the shape of the curve, if not the height of the curve, has been very similar across the whole country. It went up more in London but it’s also come down more, but the broad shape has been similar, which is what you’d expect, given that we’ve all been living through the same lockdown measures. The other thing to say is that it isn’t just about the level, it’s also about the slope of the curve, and if the R goes above one anywhere, then that would eventually lead to an exponential rise and a second peak and an overwhelming of the NHS in that area unless it’s addressed, so although the level of the number of cases is different in different parts, the slope of the curve has actually been remarkably similar across the country, so that argues for doing things as a whole country together.” 
66. On 10 May 2020, the Prime Minister made an announcement in respect of lifting restrictions in stages over the coming months: “And so no, this is not the time simply to end the lockdown this week. Instead we are taking the first careful steps to modify our measures. And the first step is a change of emphasis that we hope that people will act on this week. We said that you should work from home if you can, and only go to work if you must. We now need to stress that anyone who can’t work from home, for instance those in construction or manufacturing, should be actively encouraged to go to work. And we want it to be safe for you to get to work. So you should avoid public transport if at all possible – because we must and will maintain social distancing, and capacity will therefore be limited. So work from home if you can, but you should go to work if you can’t work from home. And to ensure you are safe at work we have been working to establish new guidance for employers to make workplaces COVID-secure. And when you do go to work, if possible do so by car or even better by walking or bicycle. But just as with workplaces, public transport operators will also be following COVID-secure standards. And from this Wednesday, we want to encourage people to take more and even unlimited amounts of outdoor exercise. You can sit in the sun in your local park, you can drive to other destinations, you can even play sports but only with members of your own household. You must obey the rules on social distancing and to enforce those rules we will increase the fines for the small minority who break them … Approved Judgment FCA In step two – at the earliest by June 1 – after half term – we believe we may be in a position to begin the phased reopening of shops and to get primary pupils back into schools, in stages, beginning with reception, Year 1 and Year 6. … And step three - at the earliest by July - and subject to all these conditions and further scientific advice; if and only if the numbers support it, we will hope to re-open at least some of the hospitality industry and other public places, provided they are safe and enforce social distancing…”
67. On 11 May 2020, the UK Government published a “recovery strategy”.  
68. The 26 March Regulations, and their equivalents in Wales, Northern Ireland and Scotland, were amended on several occasions. For example, on 13 May 2020, Category 3 businesses, that is those businesses listed in Part 3 of Schedule 2, were expanded to include garden centres and outdoor sports courts. Similarly, on 1 June 2020, that list was expanded further to include outdoor markets and certain showrooms.  
69. On 3 July 2020, the Secretary of State made specific regulations in relation to a “protected area” defined to be an area surrounding the city of Leicester in the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 (“the Leicester Regulations”). The Leicester Regulations adopt a similar approach to the 26 March Regulations, in that they specify an emergency period and impose restrictions on certain businesses and individuals. 
70. On 4 July 2020, the 26 March Regulations were revoked and replaced with more limited restrictions in the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 in England (“the 4 July Regulations”). The 26 March Regulations remain in force, however, in relation to offences committed in contravention of those regulations between 26 March 2020 and 4 July 2020 (Regulation 2(2) of the 4 July Regulations).

September 2020

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