Coronavirus - Publications.parliament.uk

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CORONAVIRUS BILLEXPLANATORY NOTESWhat these notes doThese Explanatory Notes relate to the Coronavirus Bill as brought from the House of Commons on24 March 2020 (HL Bill 110). These Explanatory Notes have been prepared by the Department for Health and Social Carein order to assist the reader of the Bill and to help inform debate on it. They do not form partof the Bill and have not been endorsed by Parliament.These Explanatory Notes explain what each part of the Bill will mean in practice; providebackground information on the development of policy; and provide additional information onhow the Bill will affect existing legislation in this area.These Explanatory Notes might best be read alongside the Bill. They are not, and are notintended to be, a comprehensive description of the Bill.HL Bill 110–EN58/1

Table of ContentsSubjectPage of these NotesOverview of the Bill5Emergency registration of health professionals6Temporary registration of social workers7Emergency volunteers7Mental health and mental capacity8Health service indemnification8NHS and local authority care and support9Registration of deaths and still-births etc9Investigatory Powers10Extension of time limits for retention of fingerprints and DNA profiles11Food supply12Inquests13Disclosure: Wales13Disclosure: Scotland14Vaccinations: Scotland14Schools, childcare providers etc14Statutory sick pay15Pensions15Protection of public health15Suspension of port operations16Powers relating to potentially infectious persons16Powers relating to events, gatherings and premises17Courts and tribunals: use of video and audio technology17Powers in relation to bodies18Postponement of elections18National Insurance Contributions19Financial Assistance to industry19HMRC Functions19Up-rating of Working Tax Credit etc20Local Authority Meetings20Extension of BID arrangements20Residential tenancies: protection from eviction21These Explanatory Notes relate to the Coronavirus Bill brought from the House of Commons on 24 March 2020(HL Bill 110)11

Business protection: protection from forfeiture22General Synod of the Church of England23Other administrative requirements23Legal background24Territorial extent and application24Fast-Track Legislation24Commentary on provisions of Bill26Part 1: Main Provisions26Clause 1: Meaning of “coronavirus” and related terminology26Clause 2 and Schedule 1: Emergency registration of nurses and other health and careprofessionals26Clause 2 and Schedule 2: Emergency arrangements concerning medical practitioners: Wales27Clause 4 and Schedule 3: Emergency arrangements concerning medical practitioners: Scotland 27Clause 5 and Schedule 4: Emergency registration of and extension of prescribing powers forpharmaceutical chemists: Northern Ireland27Clause 6 and Schedule 5: Emergency registration of social workers28Clause 7 and Schedule 6: Temporary registration of social workers: Scotland28Clause 8 and Schedule 7: Emergency volunteering leave29Clause 9: Compensation for emergency volunteers30Clause 10 and Schedules 8,9,10 and 11: Temporary modification of mental health and mentalcapacity legislation30Clause 11: Indemnity for health service activity: England and Wales34Clause 12: Indemnity for health service activity: Scotland34Clause 13: Indemnity for health and social care activity: Northern Ireland34Clause 14: NHS Continuing Healthcare assessments: England34Clause 15 and Schedule 12: Local authority care and support35Clause 16: Duty of local authority to assess needs: Scotland35Clause 17: Section 16: further provision35Clause 18 and Schedule 13: Registration of deaths and still-births etc36Clause 19: Confirmatory medical certificate not required for cremations: England and Wales38Clause 20 and Schedule 14: Review of cause of death certificates and cremations: Scotland38Clause 21: Modifications of requirements regarding medical certificates for cremations:Northern Ireland38Clause 22: Appointment of temporary Judicial Commissioners39Clause 23: Time limits in relation to urgent warrants etc under Investigatory Powers Act39Clause 24: Fingerprints and DNA profiles39Clause 25: Power to require information relating to food supply chains40Clause 26: Authorities which may require information41Clause 27: Restrictions on use and disclosure of information41Clause 28 and Schedule 15: Enforcement of requirement to provide information42Clause 29: Meaning of “food supply chain” and related expressions42These Explanatory Notes relate to the Coronavirus Bill brought from the House of Commons on 24 March 2020(HL Bill 110)22

Clause 30: Suspension of requirement to hold inquest with jury: England and Wales42Clause 31: Suspension of requirement to hold inquest with jury: Northern Ireland43Clause 32: Deaths in custody from natural illness: Northern Ireland43Clause 33: Disapplication etc by Welsh Ministers of DBS provisions43Clause 34: Temporary disapplication of disclosure offences: Scotland44Clause 35: Power to reclassify certain disclosure requests: Scotland44Clause 36: Vaccination and immunisation: Scotland44Clause 37 and Schedule 16: Temporary closure of educational institutions and childcarepremises44Clause 38 and Schedule 17: Temporary continuity: education, training and childcare49Clause 39: Statutory Sick Pay: Funding of employers’ liabilities51Clause 40: Statutory sick pay: power to disapply waiting period limitation52Clause 41: Statutory sick pay: modification of regulation making powers52Clause 42: Statutory sick pay: funding of employers’ liabilities: Northern Ireland52Clause 43: Statutory sick pay: power to disapply waiting period limitation: Northern Ireland52Clause 44: Statutory sick pay: modification of regulation making power: Northern Ireland53Clause 45: NHS Pension Schemes: suspension of restrictions on return to work: England andWales53Clause 46: NHS pension schemes: suspension of restrictions on return to work: Scotland54Clause 47 Health and social care pension schemes: suspension of restrictions on return to work:Northern Ireland54Clause 48 and Schedule 18: Powers to act for the protection of public health: Northern Ireland 54Clause 49 and Schedule 19: Health Protection Regulations: Scotland55Clause 50 and Schedule 20: Power to suspend port operations56Clause 51 and Schedule 21: Powers relating to potentially infectious persons57Clause 52 and Schedule 22: Powers to issue directions relating to events, gatherings andpremises57Clause 53 and Schedule 23: Expansion of availability of live links in criminal proceedings58Clause 54 and Schedule 24: Expansion of availability of live links in other criminal hearings59Clause 55 and Schedule 25: Public participation in proceedings conducted by video or audio60Clause 56 and Schedule 26: Live links in magistrates’ court appeals against requirements orrestrictions imposed on a potentially infectious personClause 57 and Schedule 27: Use of live links in legal proceedings: Northern Ireland6061Clause 58 and Schedule 28: Powers in relation to transportation, storage and disposal of deadbodies etc.61Clause 59: Elections and referendums due to be held in England in period after 15 March 2020 62Clause 60: Postponement of elections due to be held on 7 May 202063Clause 61: Power to postpone certain other elections and referendums63Clause 62: Power to postpone a recall petition under the Recall of MPs Act 201564Clause 63: Power to make supplementary etc provision65Clause 64: Northern Ireland: timing of the canvass and Assembly by-elections65Clause 65: Elections due to be held in Wales in period after 15 March 202066Clause 66: Postponement of National Assembly for Wales elections for constituency vacancies 66Clause 67: Power to postpone local authority elections in Wales for casual vacancies67Clause 68: Power to make supplementary etc provision67These Explanatory Notes relate to the Coronavirus Bill brought from the House of Commons on 24 March 2020(HL Bill 110)33

Clause 69: Postponement of Scottish Parliament elections for constituency vacancies67Clause 70: Postponement of local authority elections for casual vacancies67Clause 71: Signatures of Treasury Commissioners67Clause 72: Exercise of section 143 of the Social Security Administration Act 199268Clause 73: Exercise of section 145 of the Social Security Administration Act 199268Clause 74: Exercise of section 5 of the National Insurance Contributions Act 201469Clause 75: Disapplication of limit under section 8 of the Industrial Development Act 198269Clause 76: HMRC Functions69Clause 77: Up-rating of working tax credit etc70Clause 78: Local Authority Meetings70Clause 79: Extension of BID arrangements: England71Clause 80: Extension of BID arrangements: Northern Ireland72Clause 81 and Schedule 29: Residential tenancies: protection from eviction73Clause 82: Business tenancies in England and Wales: protection from forfeiture etc73Clause 83: Business tenancies in Northern Ireland: protection from forfeiture etc74Clause 84: Postponement of General Synod elections74Part 2: Final Provisions74Clause 85: Interpretation74Clause 86: Financial provision74Clause 87: Commencement75Clause 88: Power to suspend and revive provisions of this Act75Clause 89: Expiry75Clause 90: Power to alter expiry date76Clause 91: Power to amend Act in consequence of amendments to subordinate legislation76Clause 92: Power to make consequential modifications76Clause 93: Procedure for certain regulations made by a Minister of the Crown77Clause 94: Procedure for certain regulations made by the Welsh Ministers77Clause 95: Procedure for certain regulations made by the Scottish Ministers77Clause 96: Procedure for certain orders made by a Northern Ireland department77Clause 97: Report by Secretary of State on status of non-devolved provisions of this Act77Clause 98: Six-monthly parliamentary review77Clause 99: Parliamentary consideration of status of non-devolved provisions of this Act77Clause 100: Extent78Clause 101: Extension to the Isle of Man78Clause 102: Short title78Commencement78Financial Implications of the Bill78Parliamentary approval for financial costs or for charges imposed78Compatibility with the European Convention on Human Rights79Annex A – Territorial extent and application80These Explanatory Notes relate to the Coronavirus Bill brought from the House of Commons on 24 March 2020(HL Bill 110)44

Overview of the Bill1The purpose of the Coronavirus Bill is to enable the Government to respond to an emergencysituation and manage the effects of a Covid-19 pandemic. A severe pandemic could infect upto 80% of the population leading to a reduced workforce, increased pressure on healthservices and death management processes. The Bill contains temporary measures designed toeither amend existing legislative provisions or introduce new statutory powers which aredesigned to mitigate these impacts.2The Bill aims to support Government in the following: Increasing the available health and social care workforceEasing the burden on frontline staff Containing and slowing the virus Managing the deceased with respect and dignity Supporting people3The Bill is part of a concerted effort across the whole of the UK to tackle the Covid-19outbreak. The intention is that it will enable the right people from public bodies across the UKto take appropriate actions at the right times to manage the effects of the outbreak.4As part of its contingency planning, the Government has considered what measures would beneeded during a severe Covid-19 outbreak to reduce the pressure of key services and limit thespread of infection.5The action plan1 sets out options that can be taken as part of the response. This Bill ensuresthat the agencies and services involved – schools, hospitals, the police etc. – have the tools andpowers they need. Each of the four nations of the UK has its own set of laws, and thus thesetools and powers differ to varying degrees in each area. Consistency of outcome will beachieved by making the range of tools and powers consistent across the UK.6This Bill is just one part of the overall solution. It is therefore not necessary for each tool orpower needed to address the Covid-19 pandemic to be covered in this Bill. Some exist already instatute. Some exist in some parts of the UK but not others. This Bill aims to level up across theUK, so that the actions to tackle this threat can be carried out effectively across all four nations.7These are extraordinary measures that do not apply in normal circumstances. For this reason,the legislation will be time-limited for two years and it is neither necessary nor appropriate forall of these measures to come into force immediately. Instead, many of the measures in thisBill can be commenced from area to area and time to time, so as to ensure that the need toprotect the public’s health can be aligned with the need to safeguard individuals’ rights. Thesemeasures can subsequently be suspended and then later reactivated, if circumstances permit,over the lifetime of the Act.8The lifetime of the Act can itself be ended early, if the best available scientific evidencesupports a policy decision that these powers are no longer needed. It is also possible to extendthe lifetime of the Act for a further temporary period, again if it is prudent to do de-to-what-youcan-expect-across-the-ukThese Explanatory Notes relate to the Coronavirus Bill brought from the House of Commons on 24 March 2020(HL Bill 110)55

9This facility can be adjusted so that early termination (‘sunsetting’) can apply to someprovisions; and further extension can be applied to others. The aim is to make sure that thesepowers can be used both effectively and proportionately.10 These provisions also take due account of the UK’s devolution settlement in a way thatenables swift action to be taken when and where it is needed. UK Government Ministers willcontrol the use of provisions on matters that are reserved or England only. This is int

1 The purpose of the Coronavirus Bill is to enable the Government to respond to an emergency situation and manage the effects of a Covid-19 pandemic. A severe pandemic could infect up to 80% of the population leading to a reduced workforce, increased pressure on health services and death management processes. The Bill contains temporary measures designed to either amend existing legislative .

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