0845 468 0388 info@smda.org.uk

What is the difference between the Act and the Regulations?

Coronavirus Act 2020
The main criminal offence under the Coronavirus Act relates to potentially infectious persons who refuse to co-operate with the police or public health officers, when they are required to be screened for COVID-19.

No case of a potentially infectious person refusing to comply with a lawful instruction has yet been prosecuted. According to the CPS website 19th May 2020

Health Protection (Coronavirus) Regulations 2020
The legal test under the Regulations is whether someone has a reasonable excuse for being outside their home, which includes going to work, exercising or caring for the vulnerable.
Regulation 6 applies to a person found outside their house without a reasonable excuse. Regulation 7 applies to gatherings, for example a person mixing in a large group from outside their household.

Examples of cases found to have been correctly charged under the Regulations include:
Travelling from Leicester to London for a party;

Groups of young people in a park, drinking together, displaying anti-social behaviour, and returning once moved on;

Refusing to stay at home despite being advised by the police on several occasions and subsequently being found wandering around the town centre;

Friends driving around town for fun.

SCRAP METAL DEALERS and COLLECTORS have always been seen as essential workers by both DEFRA and the EA. It is not illegal to work . It never was.