Draft in haste… Coronavirus restrictions and homelessness – Nearly Legal

‘Here are emergency regulations, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, made today. These, amongst many other things, deal with what commercial premises may open, or must be closed, and – to the point here – restrictions on individual movement.’

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Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk

Theodore Konstadinides and Lee Marsons: Covid-19 and its impact on the constitutional relationship between Government and Parliament. – UK Constitutional Law Association

‘The Coronavirus Act 2020, the UK’s most substantial legislative response to the Covid-19 pandemic, received Royal Assent yesterday after a fast-tracked procedure through both Houses. Indisputably, the pandemic falls within the range of situations under which it is constitutionally acceptable for Bills to be fast-tracked. While there is no corollary between an expedited piece of legislation and a bad piece of legislation, fast-tracking the Coronavirus Bill carries important implications for the constitutional relationship between Government and Parliament. Not least, parliamentarians had limited time to scrutinise legislation containing measures that have been described by the Bingham Centre for the Rule of Law as ‘the most sweeping powers ever taken by the UK Government outside of wartime’. But, in this context, the implications for the balance between Government and Parliament extend beyond the immediate passage of the Act. Therefore, while Tierney and King stressed the dilemma between safeguarding public health and the protection of individual liberties vis-a-vis fast-tracked legislation, the purpose of this post is to outline a number of concerns provoked by this pandemic on the Government-Parliament relationship more broadly, while also making some comments on the Act itself.’

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UK Constitutional Law Association, 26th March 2020

Source: ukconstitutionallaw.org

Police fine people over social distancing – BBC News

Posted March 30th, 2020 in coronavirus, emergency powers, enforcement, fines, health, health & safety, news, police by sally

‘Police forces in England and Wales have fined people for ignoring guidance to prevent the spread of coronavirus.’

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BBC News, 27th March 2020

Source: www.bbc.co.uk

Lockdown Regulations made: restrictions and police powers – UK Police Law Blog

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 were made at 1pm on 26 March 2020 and are now in force. They contain sweeping restrictions never before seen in peacetime in the United Kingdom. They apply to England only and expire in 6 months. They revoke and replace the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 – leaving the business closures in place.’

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UK Police Law Blog, 26th March 2020

Source: ukpolicelawblog.com

Watchdog approves use of UK phone data if it helps fight coronavirus – The Guardian

‘The UK’s privacy watchdog has said the government can use personal data from people’s mobile phones to track and monitor behaviour if it helps fight the spread of coronavirus.’

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The Guardian, 27th March 2020

Source: www.theguardian.com

What powers does “take such action as is necessary to enforce” give to police officers? – UK Police Law Blog

‘The powers in the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 allow a constable to “take such action as is necessary to enforce a premises closure or restriction”. The powers in theCoronavirus Act 2020, schedule 22 (formerly schedule 21 in the Bill) are to enforce a restriction or prohibition on gatherings or events and to close and restrict access to premises during a public health response period. Again, it will allow a constable to “take such action as is necessary to enforce such a restriction, prohibition or closure”. But what does the phrase, “take such action as is necessary to enforce …” mean?’

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UK Police Law Blog, 25th March 2020

Source: ukpolicelawblog.com

Government to protect commercial tenants from eviction if they miss rent payments over coronavirus outbreak –

‘Commercial tenants who miss a payment in the next three months because of the coronavirus outbreak will be protected from eviction, the government has announced.’

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Local Government Lawyer, 24th March 2020

Source: www.localgovernmentlawyer.co.uk

England: police to get power to use force to impose coronavirus lockdown – The Guardian

Posted March 26th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, news, police by sally

‘Police will be authorised to use force to send people back home if they refuse to obey the coronavirus lockdown, under government plans.’

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The Guardian, 25th March 2020

Source: www.theguardian.com

What The Coronavirus Bill Could Mean For Mental Health – Each Other

‘The UK government’s Emergency Coronavirus Bill paves the way for widespread changes to legislation that could potentially have an alarming impact on our human rights, especially in the area of mental health.’

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Each Other, 24th March 2020

Source: eachother.org.uk

Coronavirus Act 2020 – legislation.gov.uk

Posted March 26th, 2020 in coronavirus, emergency powers, legislation by sally

Coronavirus Act 2020

Source: www.legislation.gov.uk

UK eviction ban promise broken, say critics – The Guardian

Posted March 25th, 2020 in bills, coronavirus, emergency powers, housing, landlord & tenant, news, repossession by sally

‘The “complete ban” on evictions promised by the government has been widely criticised after it emerged that the coronavirus bill merely extends the notice required for possession, from two months to three.’

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The Guardian, 24th March 2020

Source: www.theguardian.com

Emergency coronavirus legislation passed by MPs without opposition – The Guardian

‘Emergency legislation giving sweeping powers to ban gatherings and forcibly quarantine suspected coronavirus patients was passed by MPs on Monday night, despite continued worries about civil liberties and the potential effect on vulnerable people.’

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The Guardian, 23rd March 2020

Source: www.theguardian.com

Coronavirus: What’s in the emergency legislation? – BBC News

‘The government has passed all stages of its 329-page emergency bill through the House of Commons.’

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BBC News, 24th March 2020

Source: www.bbc.co.uk

Emergency legislation on possession claims – Nearly Legal

‘I’ve seen the draft amendments to the Coronavirus Bill on housing possession. A word of caution, this was a draft from 22 March, not the actual amends due to be put forward today 23 March. I was waiting for those to be made public to check, but that has not happened as of 6 pm. There may have been some changes, but my understanding is it was going ahead as per the draft.’

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Nearly Legal, 23rd March 2020

Source: nearlylegal.co.uk

How far do the government’s new emergency powers go? – The Guardian

‘A new government bill that brings sweeping new powers to shut down mass gatherings, potentially detain people with coronavirus symptoms and weaken the social care safety net is being rushed through parliament. The Guardian’s Peter Walker explains what is at stake.’

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The Guardian, 24th March 2020

Source: www.theguardian.com

No new possession claims (for at least 3 months) – Nearly Legal

Posted March 19th, 2020 in emergency powers, mortgages, news, repossession by sally

‘The Government has just announced emergency legislation to do the following:

– Stop any new possession claims (social and private tenancies) being issued at court for the next three months (at least).
– Introduce a new pre-action protocol for possession claims, to apply after the three months (or whenever) which will apply to private as well as social tenancies to strengthen its remit and to “support the necessary engagement between landlords and tenants to resolve disputes and landlords will have to reach out to tenants to understand the financial position they are in.”’

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Nearly Legal, 18th March 2020

Source: nearlylegal.co.uk

Law in the Time of Covid – UK Human Rights Blog

Posted March 17th, 2020 in coronavirus, criminal justice, emergency powers, news by sally

‘The Covid-19 pandemic gives rise to such a volume of material as to justify a slightly more detailed examination of its consequences. In time, the response of governments across the globe to the disease will no doubt be the subject of detailed study by academics across the fields of biology, history and law.’

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UK Human Rights Blog, 16th March 2020

Source: ukhumanrightsblog.com

Brexit, Martial Law And Human Rights – Rights Info

‘In recent days it’s been reported that the government is drawing up plans to impose martial law in the event of the UK exiting the EU without a deal. But what does that actually mean and how does it impact our rights?’

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Rights Info, 30th January 2019

Source: rightsinfo.org

Emergency Powers Compensation – Local Government Law

‘In Hastings Borough Council v Manolete Partners Plc [2016] UKSC 50 the Council exercised its emergency powers under Section 78 of the Building Act 1984 to restrict public access to Hastings Pier.’

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Local Government Law. 27th July 2016

Source: www.11kbw.com/blogs/local-government-law

Supreme Court dismisses appeal by council over payout for closure of pier – Local Government Lawyer

Posted July 29th, 2016 in compensation, emergency powers, local government, news, repairs by tracey

‘A borough council is facing a payout following the loss of a Supreme Court battle over compensation payable when the local authority used its emergency powers to close a pier.’

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Local Government Lawyer, 28th July 2016

Source: www.localgovernmentlawyer.co.uk