ukpga/2020/7 — Coronavirus Act 2020

Coronavirus Act 2020 2020 c. 7 An Act to make provision in connection with coronavirus; and for connected purposes. [25th March 2020] B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 Main provisions Interpretation Meaning of “coronavirus” and related terminology 1 1 In this Act— “ coronavirus ” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2); “ coronavirus disease ” means COVID-19 (the official designation of the disease which can be caused by coronavirus). 2 A reference in this Act to infection or contamination, however expressed, is a reference to infection or contamination with coronavirus. 3 But a reference in this Act to persons infected by coronavirus, however expressed, does not (unless a contrary intention appears) include persons who have been infected but are clear of coronavirus (unless re-infected). Emergency registration of health professionals Emergency registration of nurses and other health and care professionals 2 Schedule 1 contains temporary modifications of— a the Nursing and Midwifery Order 2001 (S.I. 2002/253), and b the Health Professions Order 2001 (S.I. 2002/254). Emergency arrangements concerning medical practitioners: Wales 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency arrangements concerning medical practitioners: Scotland 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency registration of and extension of prescribing powers for pharmaceutical chemists: Northern Ireland 5 Schedule 4 contains temporary modifications of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)). Temporary registration of social workers Emergency registration of social workers: England and Wales 6 Schedule 5 contains temporary modifications of— a the Social Workers Regulations 2018 (S.I. 2018/893), and b the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2). Temporary registration of social workers: Scotland 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency volunteers Emergency volunteering leave 8 Schedule 7 makes provision for emergency volunteering leave. Compensation for emergency volunteers 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mental health and mental capacity Temporary modification of mental health and mental capacity legislation 10 1 Schedule 8 contains temporary modifications of the Mental Health Act 1983, and related provision. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Schedule 10 contains temporary modifications of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), and related provision. 4 Schedule 11 contains temporary modifications of the Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I.)), and related provision. Health service indemnification Indemnity for health service activity: England and Wales 11 1 The appropriate authority may— a indemnify a person in respect of a qualifying liability incurred by the person, or b make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person. 2 References in this section to a qualifying liability are to a liability in tort, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service. 3 “ Relevant service ” means a service which is provided by a person as part of the health service and which— a relates to— i caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease, ii caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or iii diagnosing or determining whether a person has been infected or contaminated, b relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the health service being unable to do so in consequence of providing a service within paragraph (a), or c relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the health service being unable to do so because of a reason relating to coronavirus. 4 In a case within subsection (1)(a), any question relating to— a whether a person has incurred a qualifying liability, or b the amount of any payment by virtue of subsection (1), is to be determined by the appropriate authority. 5 In a case within subsection (1)(b)— a any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person; b any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements. 6 Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability. 7 In this section— “ the appropriate authority ” means— in relation to a relevant service provided as part of the English health service, the Secretary of State; in relation to a relevant service provided as part of the Welsh health service, the Welsh Ministers; “ authorised person ” means a person authorised by the appropriate authority; “ the health service ” means the English health service or the Welsh health service; “ the English health service ” means the health service continued under section 1(1) of the National Health Service Act 2006; “ the Welsh health service ” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006. Indemnity for health service activity: Scotland 12 1 The Scottish Ministers may— a indemnify a person in respect of a qualifying liability incurred by the person, or b make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person. 2 References in this section to a qualifying liability are to a liability in delict, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service. 3 “ Relevant service ” means a service which is provided by a person as part of the health service and which— a relates to— i caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease, ii caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or iii diagnosing or determining whether a person has been infected or contaminated, b relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the health service being unable to do so in consequence of providing a service within paragraph (a), or c relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the health service being unable to do so because of a reason relating to coronavirus. 4 In a case within subsection (1)(a), any question relating to— a whether a person has incurred a qualifying liability, or b the amount of any payment by virtue of subsection (1), is to be determined by the Scottish Ministers. 5 In a case within subsection (1)(b)— a any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person; b any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements. 6 Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability. 7 In this section— “ authorised person ” means a person authorised by the Scottish Ministers; “ the health service ” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978. Indemnity for health and social care activity: Northern Ireland 13 1 The Department of Health may— a indemnify a person in respect of a qualifying liability incurred by the person, or b make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person. 2 References in this section to a qualifying liability are to a liability in tort, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service. 3 “ Relevant service ” means a service which is provided by a person as part of the system of health and social care and which— a relates to— i caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease, ii caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or iii diagnosing or determining whether a person has been infected or contaminated, b relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the system of health and social care being unable to do so in consequence of providing a service within paragraph (a), or c relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the system of health and social care being unable to do so because of a reason relating to coronavirus. 4 In a case within subsection (1)(a), any question relating to— a whether a person has incurred a qualifying liability, or b the amount of any payment by virtue of subsection (1), is to be determined by the Department of Health. 5 In a case within subsection (1)(b)— a any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person; b any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements. 6 Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability. 7 In this section— “ authorised person ” means a person authorised by the Department of Health; “ the Department of Health ” means the Department of Health in Northern Ireland; “ the system of health and social care ” means the system promoted under section 2(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)). NHS and local authority care and support NHS Continuing Healthcare assessments: England 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local authority care and support 15 Schedule 12 contains provision modifying the powers and duties of local authorities in England and Wales in relation to the provision of care and support. Duty of local authority to assess needs: Scotland 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 16: further provision 17 1 The Scottish Ministers may issue guidance to local authorities about the exercise of their functions under the following provisions in consequence of section 16— a Part 2 of the 1968 Act; b sections 22, 23 and 29 of the 1995 Act; c sections 25, 26 and 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13); d section 1 of the 2013 Act; e Parts 2 and 3 of the 2016 Act. 2 A local authority— a must have regard to any guidance issued under subsection (1); b must comply with such guidance issued under subsection (1) as the Scottish Ministers direct; c may disregard, so far as it is inconsistent with guidance issued under subsection (1)— i any guidance issued under section 5(1) of the 1968 Act; ii a code of practice published under section 274(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003. 3 The Scottish Ministers may— a from time to time revise any guidance issued under subsection (1); b vary or revoke a direction made under subsection (2)(b). 4 A local authority must not recover a charge under section 87 of the 1968 Act for— a community care services provided to a person if, in reliance on section 16(1), the authority did not— i comply with section 12A of the 1968 Act before providing the services, or ii comply with section 1 of the 2013 Act in relation to the services; b services provided to a child under section 22(1) of the 1995 Act if, in reliance on section 16(7), the authority did not— i where the services were provided following a request being made to the authority in relation to the child under section 23(3) of the 1995 Act, assess the child's needs for the services before providing them, or ii comply with section 1 of the 2013 Act in relation to the services; c advice, guidance or assistance provided to a person under section 29(1) or (5A) of the 1995 Act if, in reliance on section 16(9), the local authority did not carry out an assessment of the person's needs under section 29(5) of that Act before providing the advice, guidance or assistance. 5 For the purposes of subsection (4), a local authority did not— a comply with a provision if it only partially complied with the provision; b carry out an assessment if it only partially carried out the assessment. 6 Nothing in subsection (4) prevents a local authority from recovering charges if— a the authority provides— i services in the circumstances described in paragraph (a) or (b) of subsection (4), or ii advice, guidance or assistance in the circumstances described in paragraph (c) of that subsection, b the authority subsequently complies with the provisions mentioned in paragraph (a), (b) or (c) of that subsection (as the case may be) in relation to the services or the advice, guidance or assistance, and c the charges relate only to the period after the authority so complies. 7 Subsection (8) applies where— a a local authority provides accommodation to a person under Part 2 of the 1968 Act in the circumstances described in paragraph (a) of subsection (4), b the authority subsequently complies with the provisions mentioned in that paragraph in relation to the provision of the accommodation, and c after it complies with those provisions, the authority continues to provide the accommodation to the person. 8 Despite subsections (4)(a) and (6), the authority may recover charges for the provision of the accommodation for any period— a before the authority complied with the provisions mentioned in subsection (4)(a), and b during which the person was a permanent resident. 9 For the purposes of subsection (8), a person is a permanent resident if the person is expected to be provided with accommodation by the authority for a period of more than 52 weeks. 10 Subsection (11) applies where— a any provision of section 16 has had effect for a period, and b that period has ended. 11 In determining for the purposes of any proceedings whether a local authority has complied with any duty to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors— a the length of any period for which any provision of section 16 had effect, and b the number of relevant assessments which need to be carried out by the local authority following the end of any such period. 12 In subsection (11), “ relevant assessment ” means— a an assessment under— i section 12A(1)(a) of the 1968 Act; ii section 23(3) of the 1995 Act; iii section 29(5) of the 1995 Act; b the preparation of— i an adult carer support plan under section 6 of the 2016 Act; ii a young carer statement under section 12 of the 2016 Act. Registration of deaths and still-births etc Registration of deaths and still-births etc 18 1 Part 1 of Schedule 13 contains temporary modifications of legislation relating to the registration of deaths and still-births in England and Wales, and related provision. 2 Part 2 of Schedule 13 contains temporary modifications of legislation relating to the registration of deaths and still-births in Scotland, and related provision. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confirmatory medical certificate not required for cremations: England and Wales 19 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 At the end of a period for which this section has effect, it continues to apply in relation to the cremation of the remains of a person who died during that period but whose remains have not been cremated unless, at the end of that period, a medical certificate has not been completed in relation to the deceased person for the purposes of regulation 16(1)(c)(i) of the Cremation (England and Wales) Regulations 2008. Review of cause of death certificates and cremations: Scotland 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Modifications of requirements regarding medical certificates for cremations: Northern Ireland 21 1 The Cremation (Belfast) Regulations (Northern Ireland) 1961 (S.R. & O. (N.I.) 1961 No. 61) have effect with the following modifications. 2 Regulation 10 (conditions to be met for cremations) has effect as if for paragraph (a) there were substituted— a a certificate in Form B in the Schedule has been given by a registered medical practitioner who can certify definitely as to the cause of death; or . 3 Regulation 12 (Medical Referee's power to give certificates in Forms C and D) has effect as if the words “if he has personally investigated the cause of death to give a certificate in Form C, and” were omitted. 4 In regulation 13 (duties of the Medical Referee)— a paragraph (e) has effect as if the reference to “the medical certificates” did not include the confirmatory medical certificate (Form C); b paragraph (f) has effect as if— i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii the reference to “the certificates” did not include the confirmatory medical certificate (Form C). 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Form B in the Schedule (certificate by registered medical practitioner) has effect as if— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e in the Note at the end, for “the medical practitioner who is to give the confirmatory medical certificate on Form C” there were substituted “ the Medical Referee ” . 7 At the end of a period for which this section has effect, it continues to apply in relation to the cremation of the remains of a person who died during that period but whose remains have not been cremated unless, at the end of that period, a certificate in Form B in the Schedule to the Cremation (Belfast) Regulations (Northern Ireland) 1961 has not been completed in relation to the deceased person for the purposes of regulation 10(a) of those Regulations. Investigatory powers Appointment of temporary Judicial Commissioners 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time limits in relation to urgent warrants etc under Investigatory Powers Act 23 1 The power in subsection (2) is exercisable if the Investigatory Powers Commissioner notifies the Secretary of State that, in the Commissioner's opinion, the power needs to be exercised in response to the effects that coronavirus is having, or is likely to have, on the capacity of Judicial Commissioners to carry out their functions. 2 The Secretary of State may by regulations made by statutory instrument modify the Investigatory Powers Act 2016 so as to alter, for the purposes of any of the specified provisions of that Act (see subsection (3)), the length of a period referred to in that Act as “the relevant period”. 3 The specified provisions are— a sections 24(3), 109(3), 180(3) and 209(3) (period within which Judicial Commissioner must decide whether to approve decision to issue urgent warrant); b sections 32(2)(a), 116(2)(a), 184(2)(a) and 213(2)(a) (period at end of which urgent warrant ceases to have effect); c sections 33(5)(a), 117(5)(a), 185(3)(a) and 214(3)(a) (period during which urgent warrant may be renewed); d sections 38(5), 122(5), 124(3), 147(3), 166(3), 188(3) and 217(3) (period within which Judicial Commissioner or other appropriate person must decide whether to approve decision to make urgent modification of warrant). 4 A modification made by the regulations may not increase the length of a period so that it ends after the 12th working day after the day on which the warrant was issued or, as the case may be, the modification was made. 5 The regulations may make consequential, supplementary or transitional provision. 6 The regulations must provide for them to cease to have effect at the end of the period of 12 months beginning with the day on which they come into force. 7 A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. 8 In this section— “ Investigatory Powers Commissioner ” has the meaning given in section 263(1) of the Investigatory Powers Act 2016; “ Judicial Commissioner ” has the meaning given in that section and also includes a person appointed under regulations made under section 22. Fingerprints and DNA profiles Extension of time limits for retention of fingerprints and DNA profiles 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Food supply Power to require information relating to food supply chains 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorities which may require information 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on use and disclosure of information 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement of requirement to provide information 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “food supply chain” and related expressions 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inquests Suspension of requirement to hold inquest with jury: England and Wales 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspension of requirement to hold inquest with jury: Northern Ireland 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deaths in custody from natural illness: Northern Ireland 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure: Wales Disapplication etc by Welsh Ministers of DBS provisions 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure: Scotland Temporary disapplication of disclosure offences: Scotland 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to reclassify certain disclosure requests: Scotland 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vaccinations: Scotland Vaccination and immunisation: Scotland 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schools, childcare providers etc Temporary closure of educational institutions and childcare premises 37 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Temporary continuity: education, training and childcare 38 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory sick pay Statutory sick pay: funding of employers' liabilities 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory sick pay: power to disapply waiting period limitation 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory sick pay: modification of regulation making powers 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory sick pay: funding of employers' liabilities: Northern Ireland 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory sick pay: power to disapply waiting period limitation: Northern Ireland 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory sick pay: modification of regulation making powers: Northern Ireland 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pensions NHS pension schemes: suspension of restrictions on return to work: England and Wales 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NHS pension schemes: suspension of restrictions on return to work: Scotland 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health and social care pension schemes: suspension of restrictions on return to work: Northern Ireland 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of public health Powers to act for the protection of public health: Northern Ireland 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health protection regulations: Scotland 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to suspend port operations Power to suspend port operations 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers relating to potentially infectious persons Powers relating to potentially infectious persons 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers relating to events, gatherings and premises Powers to issue directions relating to events, gatherings and premises 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Courts and tribunals: use of video and audio technology Expansion of availability of live links in criminal proceedings 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expansion of availability of live links in other criminal hearings 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public participation in proceedings conducted by video or audio 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Live links in magistrates' court appeals against requirements or restrictions imposed on a potentially infectious person 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of live links in legal proceedings: Northern Ireland 57 Schedule 27 makes provision for, and in connection with, the use of live links in proceedings in courts and tribunals in Northern Ireland. Powers in relation to bodies Powers in relation to transportation, storage and disposal of dead bodies etc 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Postponement of elections, referendums, recall petitions and canvass Elections and referendums due to be held in England in period after 15 March 2020 59 1 This section applies to the poll for a relevant election or relevant referendum if the poll— a is required to be held on a day falling within the period beginning with 16 March 2020 and ending with the day 30 days after that on which this Act is passed, but b is not held in that period. 2 Section 39 of the 1983 Act (local elections void etc) does not apply, and is treated as never having applied, in relation to the poll. 3 Section 63 of that Act (breach of official duty) does not apply, and is treated as never having applied, in relation to any act or omission in connection with the poll. 4 In determining for the purpose of this section whether a poll has been held, postal votes are to be ignored. 5 This section does not affect the application of section 39 or 63 of the 1983 Act in relation to a poll the date for which is determined by virtue of section 61 (power to postpone). 6 In this section— “ the 1983 Act ” means the Representation of the People Act 1983; “ local government area ” has the same meaning as in the 1983 Act (see section 203(1) of that Act); “ relevant election ” means an election of a councillor for any local government area in England to fill a casual vacancy; “ relevant referendum ” means a referendum under or by virtue of Schedule 4B to the Town and Country Planning Act 1990 (referendums on neighbourhood development plans). Postponement of elections due to be held on 7 May 2020 60 Local government 1 The poll for the ordinary election of councillors for any local government area in England that would otherwise be held on the ordinary day of election in 2020 is to be held instead on the ordinary day of election in 2021. 2 A councillor who would otherwise, pursuant to section 7 or 16 of the Local Government Act 1972 (elections of councillors), retire on the fourth day after the ordinary day of election in 2020 is instead to retire on the fourth day after the ordinary day of election in 2021; and the councillor's term of office is extended accordingly. 3 A councillor who— a is returned at an election the poll for which is held on the ordinary day of election in 2021, and b fills a vacancy arising as a result of the expiry of a term of office extended under subsection (2), is (notwithstanding section 7 or 16 of the Local Government Act 1972) to retire on the fourth day after the ordinary day of election in 2024; and the councillor's term of office is reduced accordingly. 4 In determining under section 7(3) or (9)(c) of the Local Government Act 1972 which councillors are to retire in accordance with that provision on the fourth day after the ordinary day of election in 2021, councillors who retire in accordance with subsection (2) of this section are to be ignored. 5 In subsections (1) to (4)— a “ local government area ” has the same meaning as in the Representation of the People Act 1983 (see section 203(1) of that Act); b a reference to the ordinary day of election in a year is to the ordinary day of election of councillors in that year determined under section 37 of that Act (ordinary day of local elections in England). The Mayor of London and the London Assembly 6 The poll for the ordinary election that would otherwise, pursuant to section 3(2) of the Greater London Authority Act 1999 (time of ordinary election for the Mayor of London and the London Assembly), be held on 7 May 2020 is to be held instead on 6 May 2021. 7 The postponement of that ordinary election is to be ignored in determining the years in which subsequent ordinary elections are to be held. Elected mayors of local authorities 8 The poll for the election of any elected mayor that would otherwise, pursuant to regulations under section 9HB of the Local Government Act 2000 (time of elections etc), be held on 7 May 2020 is to be held instead on 6 May 2021. 9 The postponement under subsection (8) of an election is to be ignored in determining the years in which subsequent elections of elected mayors are to be held. Elected mayors of combined authorities 10 The poll for the election of any mayor that would otherwise, pursuant to an order under Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009, be held on 7 May 2020 is to be held instead on 6 May 2021. 11 The postponement under subsection (10) of an election is to be ignored in determining the years in which subsequent elections of mayors are to be held. Police and crime commissioners 12 The ordinary election that would otherwise, pursuant to section 50(1) of the Police Reform and Social Responsibility Act 2011 (ordinary election of police and crime commissioners), be held in 2020 is to be held instead in 2021. 13 The postponement of that ordinary election is to be ignored in determining the years in which subsequent ordinary elections are to be held. Power to postpone certain other elections and referendums 61 1 The Secretary of State or the Minister for the Cabinet Office may, by regulations made by statutory instrument, provide— a that the poll for a relevant election or a relevant referendum is to be held on such date, or within such period, as is specified in the regulations; b that polls for relevant elections or relevant referendums that would otherwise be required to be held on dates that fall within a period specified in the regulations are instead to be held on such later date, or within such period, as is specified in the regulations. 2 For the purposes of this section an election or referendum is “relevant” if— a the date of the poll for the election or the referendum falls within the period beginning with 16 March 2020 and ending with 5 May 2021, and b subsection (3) or (4) applies to it. 3 This subsection applies to— a an election of a councillor for any local government area in England to fill a casual vacancy; b a local election in Northern Ireland to fill a casual vacancy; c an election to fill a casual vacancy in respect of a constituency member of the Greater London Assembly; d an election to fill a vacancy in the office of the Mayor of London; e an election to fill a casual vacancy in the office of an elected mayor under Part 1A of the Local Government Act 2000; f an election to fill a vacancy in the office of a mayor for the area of a combined authority under Part 6 of the Local Democracy, Economic Development and Construction Act 2009; g an election to fill a vacancy in the office of a police and crime commissioner for a police area. 4 This subsection applies to— a a poll under section 116 of the Local Government Act 2003 (local polls); b a referendum under section 9MB of the Local Government Act 2000 (referendums on governance arrangements); c a referendum by virtue of section 9MC of the Local Government Act 2000 (referendums following petition); d a referendum under section 52ZG or 52ZN of the Local Government Finance Act 1992 (referendums in relation to council tax); e a referendum under or by virtue of Schedule 4B to the Town and Country Planning Act 1990 (referendums on neighbourhood development plans). 5 Regulations under subsection (1) must not specify— a a date later than 6 May 2021, or b a period ending later than 6 May 2021. 6 The power to make regulations under subsection (1) may be exercised more than once in respect of any relevant election or relevant referendum. 7 Regulations under subsection (1) may make provision by reference to relevant elections or relevant referendums of a description specified in the regulations (for example, by reference to the nature, date or location of the elections or referendums). 8 The power to make regulations under subsection (1) is capable of being exercised so as to amend, repeal or revoke any enactment. In this subsection “ enactment ” has the same meaning as in section 92. 9 A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament. 10 In this section— “ local election ” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962 (see section 130(1) of that Act); “ local government area ” has the same meaning as in the Representation of the People Act 1983 (see section 203(1) of that Act). Power to postpone a recall petition under the Recall of MPs Act 2015 62 1 In relation to a Speaker's notice received by a petition officer in the period beginning with the day on which this Act is passed and ending with 21 April 2021, section 7 of the 2015 Act (where and from when a recall petition may be signed) has effect as if for subsection (4) there were substituted— 4 The petition officer must designate under subsection (1)(b)— a a working day that falls no later than 6 May 2021, or b if it is not reasonably practicable to designate such a day, the first subsequent working day that it is reasonably practicable to designate. 2 The Secretary of State or the Minister for the Cabinet Office may, by regulations made by statutory instrument, provide that the designated day for a relevant recall petition is postponed until a date specified in the regulations. 3 For the purposes of this section a recall petition is “relevant” if the day designated in relation to it under section 7(1)(b) of the 2015 Act (date from which petition may be signed) falls within the period beginning with the day on which this Act is passed and ending with 5 May 2021. 4 The date specified in regulations under subsection (2) must be no later than 6 May 2021. 5 The power to make regulations under subsection (2) may be exercised more than once in respect of any relevant recall petition. 6 A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament. 7 In this section— “ the 2015 Act ” means the Recall of MPs Act 2015; “ the designated day ” has the same meaning as in the 2015 Act (see section 7(5) of that Act); “ petition officer ” has the same meaning as in the 2015 Act (see section 6(2) of that Act); “ recall petition ” has the same meaning as in the 2015 Act (see section 1(2) of that Act); “ Speaker's notice ” has the same meaning as in the 2015 Act (see section 5(7) of that Act). Power to make supplementary etc provision 63 1 The Secretary of State or the Minister for the Cabinet Office may, by regulations made by statutory instrument, make consequential, supplementary, incidental, transitional or saving provision in connection with sections 60 to 62 or regulations made under them. 2 Regulations under subsection (1) may, in particular, make provision about— a acts or omissions in connection with an election, referendum or recall petition prior to its postponement (including provision disapplying any enactment imposing criminal liability in respect of such acts or omissions); b things that have yet to be done in connection with an election, referendum or recall petition prior to its postponement; c the conduct of elections, referendums or recall petitions that have been postponed or steps to be taken in respect of such elections, referendums or recall petitions; d the manner of voting in elections or referendums, or of signing of recall petitions, that have been postponed; e the terms of office of incumbent office-holders or those elected at a postponed election; f the nomination of candidates; g expenses incurred in relation to elections or referendums by persons other than local authorities (including the expenses of candidates); h compensation for local authorities or candidates incurring additional expenditure as a result of this Act; i the membership or governance arrangements of a local authority in relation to which an order has been made under section 7 of the Local Government and Public Involvement in Health Act 2007 (implementation of structural changes proposals), the membership or governance arrangements of any shadow authority established under such an order, or any other matter dealt with in such an order. 3 Regulations under subsection (1) may make retrospective provision, including provision having effect in relation to times before the coming into force of this Act. 4 The power to make regulations under subsection (1) is capable of being exercised so as to amend, repeal or revoke any enactment. In this subsection “ enactment ” has the same meaning as in section 92. 5 A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament. Northern Ireland: timing of canvass and Assembly by-elections 64 1 Section 10ZA of the Representation of the People Act 1983 (Northern Ireland: timing of the canvass) is amended in accordance with subsections (2) and (3). 2 In subsection (1)— a after paragraph (a) insert— aa the year 2021; ab the year 2030; ; b in paragraph (b), for “2010” substitute “ 2030 ” . 3 In subsection (4)— a omit paragraph (b) (including the “and” at the end); b after paragraph (c) insert— d 2021, e 2030, and f every tenth year following 2030. 4 Subsection (5) applies if, at any time during the relevant period, Article 7(2) of the 2001 Order requires the Chief Electoral Officer for Northern Ireland to set a date as the date of the poll for an Assembly by-election. 5 Before setting the date, the Chief Electoral Officer must consult the Secretary of State. 6 In subsection (4)— “ the relevant period ” means the period beginning with the date on which this Act is passed and ending with 1 February 2021; “ the 2001 Order ” means the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599). Postponement of elections: Wales Elections due to be held in Wales in period after 15 March 2020 65 1 This section applies to the poll for a relevant election if the poll— a is required to be held on a day falling within the period beginning with 16 March 2020 and ending with the day 30 days after that on which this Act is passed, but b is not held in that period. 2 Section 39 of the 1983 Act (local elections void etc) does not apply, and is treated as never having applied, in relation to the poll. 3 Section 63 of that Act (breach of official duty) does not apply, and is treated as never having applied, in relation to any act or omission in connection with the poll. 4 In determining for the purpose of this section whether a poll has been held, postal votes are to be ignored. 5 This section does not affect the application of section 39 or 63 of the 1983 Act in relation to a poll the date for which is determined by virtue of section 67 (power to postpone). 6 In this section— “ the 1983 Act ” means the Representation of the People Act 1983; “ relevant election ” means an election to fill a casual vacancy in the office of councillor in a county council, county borough council or community council in Wales. Postponement of National Assembly for Wales elections for constituency vacancies 66 1 This section applies where under section 10 of the Government of Wales Act 2006 (“ the 2006 Act ”), an election is to be held to fill a vacant seat of a constituency member (“the election”). 2 The Presiding Officer may, where a date has been fixed for the poll for the election, fix a later date (which may be outwith the period required under section 10(5) or (6) of the 2006 Act). 3 The Presiding Officer must fix a date under subsection (2) for the poll for the election to be held as soon as reasonably practicable. 4 The power under subsection (2)— a may be exercised more than once, b may not be exercised so as to fix a date for the poll for the election that is within the period mentioned in 10(7) of the 2006 Act, and c may not be exercised so as to fix a date after 6 May 2021. 5 Before exercising the power under subsection (2), the Presiding Officer must consult the Welsh Ministers. Power to postpone local authority elections in Wales for casual vacancies 67 1 The Welsh Ministers may, by regulations made by statutory instrument, provide— a that the poll for a relevant election is to be held on such date, or within such period, as is specified in the regulations; b that polls for relevant elections that would otherwise be required to be held on dates that fall within a period specified in the regulations are instead to be held on such later date, or within such period, as is specified in the regulations. 2 For the purposes of this section an election is “relevant” if— a the date of the poll for the election falls within the period beginning with 16 March 2020 and ending with 5 May 2021, and b it is an election to fill a casual vacancy in the office of councillor in a county council, county borough council or community council in Wales. 3 Regulations under subsection (1) must not specify— a a date later than 6 May 2021, or b a period ending later than 6 May 2021. 4 The power to make regulations under subsection (1) may be exercised more than once in respect of any relevant election. 5 Regulations under subsection (1) may make provision by reference to relevant elections of a description specified in the regulations (for example, by reference to the nature, date or location of the elections). 6 The power to make regulations under subsection (1) is capable of being exercised so as to amend or repeal a provision of an Act of Parliament or of an Act or Measure of the National Assembly for Wales. 7 A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Power to make supplementary etc provision 68 1 The Welsh Ministers may, by regulations made by statutory instrument, make consequential, supplementary, incidental, transitional or saving provision in connection with section 66 or regulations made under section 67. 2 Regulations under subsection (1) may, in particular, make provision about— a acts or omissions in connection with an election prior to its postponement (including provision disapplying any enactment imposing criminal liability in respect of such acts or omissions); b things that have yet to be done in connection with an election prior to its postponement; c the conduct of elections that have been postponed or steps to be taken in respect of such elections; d the manner of voting in elections that have been postponed; e the terms of office of incumbent office-holders or those elected at a postponed election; f the nomination of candidates; g expenses incurred in relation to elections by persons other than local authorities (including the expenses of candidates); h compensation for local authorities or candidates incurring additional expenditure as a result of the Act. 3 Regulations under subsection (1) may make retrospective provision, including provision having effect in relation to times before the coming into force of this Act. 4 The power to make regulations under subsection (1) is capable of being exercised so as to amend or repeal a provision of an Act of Parliament or of an Act or Measure of the National Assembly for Wales. 5 A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Postponement of elections: Scotland Postponement of Scottish Parliament elections for constituency vacancies 69 1 This section applies where under section 9 of the Scotland Act 1998 (“ the 1998 Act ”), an election is to be held to fill a vacant seat of a constituency member (“the election”). 2 The Presiding Officer may— a where a date has been fixed for the poll for the election, fix a later date (which may be outwith the period required under section 9(3) of the 1998 Act), or b where no such date has been fixed, fix a date for the poll that is outwith that period. 3 The Presiding Officer must fix a date under subsection (2) for the poll at the election to be held as soon as reasonably practicable. 4 The Presiding Officer must notify the constituency returning officer for the election of the date fixed for the poll under subsection (2) in the same manner as if it had been fixed under section 9 of the 1998 Act. 5 The power under subsection (2)— a may be exercised more than once, b may not be exercised so as to fix a date for the poll at the election that is within the period mentioned in section 9(4) of the 1998 Act, and c may not be exercised so as to fix a date after 6 May 2021. 6 Before exercising the power under subsection (2), the Presiding Officer must consult— a the Scottish Ministers, and b the convener of the Electoral Management Board for Scotland. 7 Subsection (8) applies where— a notice of the date for the poll for the election has been published under Part 1 of Schedule 2 to the Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425) (“ the 2015 Order ”), and b under subsection (2)(a), the Presiding Officer fixes a later date for the poll (“the new date”). 8 The constituency returning officer must— a publish a notice stating that the date has changed, and b comply with the requirements of Part 1 of Schedule 2 to the 2015 Order as if the new date had just been fixed under section 9 of the 1998 Act. 9 In this section “ constituency returning officer ” has the same meaning as in the 2015 Order. Postponement of local authority elections in Scotland for casual vacancies 70 1 This section applies where under section 37 of the Local Government (Scotland) Act 1973 (“ the 1973 Act ”), an election is to be held to fill a casual vacancy in the office of councillor in a local authority (“the election”). 2 The returning officer may— a where a date has been fixed for the poll for the election, fix a later date (which may be outwith the period required under section 37(1) of the 1973 Act), or b where no such date has been fixed, fix a date for the poll that is outwith that period. 3 The returning officer must fix a date under subsection (2) for the poll at the election to be held as soon as reasonably practicable. 4 The power under subsection (2)— a may be exercised more than once, b may not be exercised so as to fix a date for the poll at the election that is within the period mentioned in subsection (2) of section 37 of the 1973 Act, unless the holding of the election within that period is permitted under that subsection, and c may not be exercised so as to fix a date after 6 May 2021. 5 Before exercising the power under subsection (2), the returning officer must consult— a the Scottish Ministers, and b the convener of the Electoral Management Board for Scotland. 6 Subsection (7) applies where— a notice of the date for the poll for the election has been published under Part 1 of Schedule 1 to the Scottish Local Government Elections Order 2011 (S.S.I. 2011/399) (“ the 2011 Order ”), and b under subsection (2)(a), the returning officer fixes a later date for the poll (“the new date”). 7 The returning officer must— a publish a notice stating that the date has changed, and b comply with the requirements of Part 1 of Schedule 1 to the 2011 Order as if the new date had just been fixed under section 37 of the 1973 Act. 8 In this section— “ local authority ” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and “ area ” in relation to a local authority means the local government area for which the authority is constituted; “ returning officer ”, in relation to a local authority, means an officer appointed by the local authority under section 41(1) of the Representation of the People Act 1983. Other administrative requirements Signatures of Treasury Commissioners 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . National Insurance Contributions Power under section 143 of the Social Security Administration Act 1992 72 1 This section applies to an order made under section 143 of the Social Security Administration Act 1992 (power to alter contributions) if— a it is made on or after 19 March 2020 and before the end of the period of 2 years beginning with the day on which this Act is passed, and b it does not increase a figure referred to in section 143(1) or (3) of that Act above the figure that would apply on 6 April 2020, ignoring the effect of any order made under section 143 or 145 of that Act on or after 19 March 2020. 2 Section 143(1) of that Act has effect in relation to an order to which this section applies as if the words from “with a view” to “future period” were omitted. 3 Section 143(4)(a) of that Act (no increase above 0.25%) does not apply to an order to which this section applies. 4 Section 144 of that Act (requirement to lay report and orders not to have effect before next tax year) does not apply to an order to which this section applies. 5 Section 190(1) of that Act (affirmative procedure for certain orders) does not apply in relation to an order to which this section applies (and accordingly such an order is subject to annulment in pursuance of a resolution of either House of Parliament). Power under section 145 of the Social Security Administration Act 1992 73 1 This section applies to an order made under section 145 of the Social Security Administration Act 1992 (power to alter primary and secondary contributions) if— a it is made on or after 19 March 2020 and before the end of the period of 2 years beginning with the day on which this Act is passed, and b it does not increase a rate or figure referred to in section 145(1), (2) or (4) of that Act above the rate or figure that would apply on 6 April 2020, ignoring the effect of any order made under section 143 or 145 of that Act on or after 19 March 2020. 2 Section 145(3) of that Act (no increase above 0.25%) does not apply to an order to which this section applies. 3 Subsections (2) to (5) of section 147 of that Act (requirement to lay report and coming into force and effect of order) do not apply to an order to which this section applies. 4 Section 190(1) of that Act (affirmative procedure for certain orders) does not apply in relation to an order to which this section applies (and accordingly such an order is subject to annulment in pursuance of a resolution of either House of Parliament). Power under section 5 of the National Insurance Contributions Act 2014 74 1 This section applies to regulations under section 5 of the National Insurance Contributions Act 2014 (power to amend the employment allowance provisions) made on or after 19 March 2020 and before the end of the period of 2 years beginning with the day on which this Act is passed. 2 Section 5(5) to (9) of that Act (Parliamentary procedure) does not apply to such regulations but a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament. 3 But subsection (2) does not apply to regulations falling within section 5(1)(a) of that Act which decrease a person's employment allowance for a tax year below £4,000 (accordingly, section 5(5) of that Act continues to apply to a statutory instrument containing such regulations). Financial assistance for industry Disapplication of limit under section 8 of the Industrial Development Act 1982 75 1 Financial assistance provided under section 8 of the Industrial Development Act 1982 (general power to give selective financial assistance to industry) is not to count towards the limit set by subsections (4) and (5) of that section if the assistance has been designated under subsection (2) as “coronavirus-related”. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HMRC functions HMRC functions 76 Her Majesty's Revenue and Customs are to have such functions as the Treasury may direct in relation to coronavirus or coronavirus disease. Up-rating of working tax credit etc Up-rating of working tax credit etc 77 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local authority meetings Local authority meetings 78 1 The relevant national authority may by regulations make provision relating to— a requirements to hold local authority meetings; b the times at or by which, periods within which, or frequency with which, local authority meetings are to be held; c the places at which local authority meetings are to be held; d the manner in which persons may attend, speak at, vote in, or otherwise participate in, local authority meetings; e public admission and access to local authority meetings; f the places at which, and manner in which, documents relating to local authority meetings are to be open to inspection by, or otherwise available to, members of the public. 2 The provision which may be made by virtue of subsection (1)(d) includes in particular provision for persons to attend, speak at, vote in, or otherwise participate in, local authority meetings without all of the persons, or without any of the persons, being together in the same place. 3 The regulations may make provision only in relation to local authority meetings required to be held, or held, before 7 May 2021. 4 The power to make regulations under this section includes power— a to disapply or modify any provision of an enactment or subordinate legislation; b to make different provision for different purposes; c to make consequential, supplementary, incidental, transitional or saving provision. 5 In this section the “ relevant national authority ” means— a in relation to local authorities in England, the Secretary of State; b in relation to local authorities in Wales, the Welsh Ministers; c in relation to local authorities in Northern Ireland, the Department for Communities in Northern Ireland. 6 In this section “ local authority meeting ” means a meeting of— a a local authority; b an executive of a local authority (within the meaning of Part 1A or 2 of the Local Government Act 2000 or Part 6 of the Local Government Act (Northern Ireland) 2014); c a joint committee of two or more local authorities; d a committee or sub-committee of anything within paragraphs (a) to (c). 7 In this section “ local authority ”, in relation to England, means— a a county council; b a district council; c a London borough council; d the Common Council of the City of London; e the Greater London Authority; f the Council of the Isles of Scilly; g a parish council; h a joint board continued in being by virtue of section 263(1) of the Local Government Act 1972; i a port health authority constituted under section 2 of the Public Health (Control of Disease) Act 1984; j an authority established under section 10 of the Local Government Act 1985; k a joint authority established under Part 4 of the Local Government Act 1985; l a joint committee constituted to be a local planning authority under section 29 of the Planning an