Corona virus (aka Health Protection) Regulations- all tiers

[madmaxlondon]

I have a query on the current all-tier Corona Virus legislation. Open air recreation is allowed, but must be in a public outdoor place. However the current Government Advice makes no differentiation between public and private outdoor spacees. For example a golf course is cited as an allowed outdoor place, however these are generally members-only and therefore not public outdoor spaces. So my question is - where in the legislation does is access to such private outdoor places for recreation allowed? Or is there some twist to the definition of "public outdoor space" that I am missing?

NB - Query posed in context of Tier 4 restrictions.

Legislation: The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 at https://www.legislation.gov.uk/uksi/2020/1374.
Government Advice: https://www.gov.uk/guidance/tier-4-s...sical-activity

[des8]

The regulations define "outside sports gathering" as "a gathering which is organised by a business, ........or a public body for the purposes of allowing persons who are not elite sportspersons to take part in any sport or other fitness related activity,"

I think that answers your query

[madmaxlondon]

Not really. If the golf course allow members to access the grounds in order to exercise alone, this would not be an organised gathering.... Also for Tier 4, exception 19 applies, which allows outdoor sports gathering only for the disabled or under 18s. This is contrary to the gov. advice.

[des8]

As you in England are now in Tier 5 I don't intend wading through all the primary and secondary legislation to find the answer to your query!

If you want to do it yourself ( now you might have time on your hands ) you can find links to all that law here Coronavirus Legislation

Good luck and keep safe

[madmaxlondon]

Well yes, I have read the legislation, hence the question as unable to determine answer for myself.

[Celestine]

Rushed legislation often contains anomalies like this. Case law can sometimes assist further down the line - e.g prosecutions thrown out because the legislation does not specify a certain interpretation. We saw this a lot in the first lock down and we are all still seeing lots of issues where the rules are not clear enough to interpret.