Coronavirus legislation

[Guest]

Can anyone explain the difference between the Coronavirus act 2020 and the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

i haven't heard any mention of the latter in the media but this is where the restriction to leaving your house comes from. ( section 6 ( b) most people I've spoken to have not heard of this.

[des8]

The Coronavirus Act (http://www.legislation.gov.uk/ukpga/...ntents/enacted) is new legislation, whereas the Regulations (http://www.legislation.gov.uk/uksi/2020/350/made) are made under powers already available under thePublic Health (Control of Disease) Act 1984(1).

The new Act enables measures to be taken not previously available under existing legislation

[waterworks]

Can anyone point me to where in the Public Health act 1984 it sets out the basis for the coronavirus offences that are being dealt with by FPN 's ?

[des8]

Sec 13 gives secretary of state very wide powers**to make regulations to prevent, protect against, control* disease.(sections 45B, 45C, 45F and 45P*)*
A number of statutory instruments containing *the regulations were laid before parliament.
Those regulations contained the power to arrest, issue FPNs etc

i think the one you are interested in is*http://www.legislation.gov.uk/uksi/2...ulation/9/made

[Matty B]

Like many acts of parliament , a secretary of State can lay a Statutory Instrument before parliament, it doesn't need immediately voting on to become law although to remain law it will need passing by Parliament within a certain timeframe.

[waterworks]

Is there any validity to the claim by some people that the creating of offences and issuing of fines is beyond the powers of the 1984 public health act, or does that act give the sec of state carte blanche ?

[des8]

The 1984 Act gives the Secretary of State the power to legislate by means of Statutory Instruments which create offences and penalties.
It is not carte blanche as they are subject to parliamentary scrutiny:*https://guidetoprocedure.parliament....ry-instruments