Corporate report

Two-monthly report on the status on the non-devolved provisions of the Coronavirus Act 2020: May 2020

Published 29 May 2020

This was published under the 2019 to 2022 Johnson Conservative government

Presented to Parliament by the Secretary of State for Health and Social Care by Command of Her Majesty.

Published May 2020

CP 243

ISBN 978-1-5286-1959-2

Introduction

The UK government’s coronavirus action plan, published on 3 March, set out measures to respond to the COVID-19 pandemic that are reasonable, proportionate and based on the latest scientific evidence. Specifically, it detailed:

  • what we knew about the virus and the disease it causes
  • how we have planned for an infectious disease pandemic
  • what we planned to do next, depending on the course the coronavirus pandemic took
  • the role the public could play in supporting this response, now and in the future

The plan included information on the government’s 4-stage strategy: contain, delay, research, mitigate. It set out advice for how the public should respond in each stage, including what to expect as the pandemic advances. The plan also envisaged that changes to legislation might be necessary in order to give public bodies across the UK the tools and powers they need to carry out an effective response to this emergency. On 25 March, the Coronavirus Act 2020 received royal assent and became law.

The development of an effective response to the pandemic required several actions. Some of these involved the use of new tools and powers that required new legislation. The governments of the UK therefore resolved to review and where necessary amend existing legislation, to ensure that the UK’s response was consistent and effective.

The Coronavirus Act gives us the powers we need to take the right action at the right time to respond effectively to the progress of the pandemic.

What the Act was designed to achieve

The Act enabled action in 5 key areas:

  1. increasing the available health and social care workforce – for example, by removing barriers to allow suitably experienced people, such as recently retired NHS staff and social workers, to return to work (and in Scotland, in addition to retired people, allowing those who are on a career break or who are social worker students to become temporary social workers)

  2. easing and reacting to the burden on frontline staff – by reducing the number of administrative tasks they have to perform, enabling local authorities to prioritise care for people with the most pressing needs, allowing key workers to perform more tasks remotely and with less paperwork, and introducing a power to suspend individual port operations if necessary for the security of the border

  3. containing and slowing the virus – to manage the spread of coronavirus, the Coronavirus Act 2020 (‘the Act’) provides public health officers with powers to help control the spread of coronavirus in the UK

  4. managing the deceased with respect and dignity – by enabling the death management system to deal with increased demand for its services

  5. supporting people – for example, by allowing individuals to receive Statutory Sick Pay (SSP) from day one, and supporting businesses, for example by providing powers that will ensure that the governments of the UK are able to support the food industry to maintain supplies

The Act significantly enhanced the ability of public bodies across the UK to provide an effective response to tackle this pandemic.

Mechanism to change the status of provisions

Part 2 of the Act sets out various mechanisms for managing (and reporting on) the use of the Act. Many of the provisions were designed to be used temporarily, and only when necessary. For this reason, there is a facility to enable ministers to commence provisions when they are needed; but then also to suspend them when it makes sense to do so; and then, if circumstances warrant it, to revive those provisions again. There is also the option to ‘sunset’ (permanently repeal) provisions early, separately from the automatic sunset of the Act that is due to occur 2 years after the Act came into force.

Reporting and accountability arrangements

The Act included (in Part 2) a number of arrangements to facilitate accountability and transparency over the use of the substantive Part 1 powers.

The Secretary of State for Health and Social Care is required to prepare and publish a report on the status of the main non-devolved provisions in the Act relating to every 2-month period during the operation of the Act.

The report must set out for each of the provisions: (a) whether it is in force at the end of each 2-month period, and (b) whether ministers have, during that period, exercised powers under the Act to change the status of any provisions. Each report must contain a statement that the Secretary of State is satisfied that the status of the non-devolved provisions is appropriate.

Each devolved administration has its own arrangements for reporting on these, and on other powers within their legislative competence, in tackling the pandemic.

No regulations so far have been made to change the expiry date under section 90 of the Act.

A status table has been published which provides up-to-date information on the status of all provisions, including devolved provisions, in the Coronavirus Act.

Tackling the pandemic

All of the UK has been touched by the pandemic and the use of the provisions of the Coronavirus Act should be seen in the context of the extensive and ongoing mobilisation of the whole of society. This includes:

  • the use of social distancing, to deny the virus the opportunity to spread unchecked throughout the population
  • the incredible efforts of frontline health and care staff to look after us
  • the support given to people and to businesses to weather this storm
  • the government’s efforts to lead the global search for vaccine, test and treatment solutions

Thanks to these huge efforts and the vast collaboration that has helped bolster our response, the government is now able to think about planning how to rebuild.

But, although the worst case scenario has not so far come to pass, considerable risks remain, and significant challenges still lie ahead of us. It is also too early to say that we know for certain precisely how the pandemic will respond to our efforts to control it. We must therefore remain vigilant and cautious, but also flexible in the way we respond, and in the way we use the provisions of the Coronavirus Act to support that response. This means that:

  • some of the provisions in the Act needed to be commenced and made operational at royal assent, or soon after. These have helped tackle the outbreak (for example facilitating the employment of clinicians returning to practice), or issues stemming from it (such as the pressure on the capacity of the justice system), and will need to be in force for the foreseeable future

  • some of the provisions have not been needed so far, but it is too early to tell whether they can be completely dispensed with (for example, modifications to mental health legislation). It’s still possible that they will be needed, and they therefore need to continue to be readily available options and are not yet candidates for early sunset

  • other provisions (such as data sharing about food supply) have not been commenced because the policy objective has been achieved by different means. Nonetheless, it is important to retain the option to use the Coronavirus Act route, should conditions or pressures change in a way that necessitates taking a different approach. Thus far, there has therefore been no case for sunsetting these early

  • so far, it has proved neither desirable nor necessary to suspend any of the commenced provisions as they are still necessary to maintain an effective response to the pandemic, but this situation will be kept under review over the forthcoming 2-month period, particularly if/when the course of the pandemic (and thus the nature of our response to it) changes significantly

Details of the use of these provisions are shown in the tables below.

Appropriateness statement

The Secretary of State for Health and Social Care, Matt Hancock, has made the following statement regarding the status of provisions in Coronavirus Act 2020 in accordance with section 97(1)(b) of that Act:

I am satisfied that the status of those provisions of Part 1 of the Coronavirus Act 2020 which are my responsibility (within the meaning of section 97(6) of that Act) is appropriate.

Progress to date

The devolved administrations are responsible for their own reporting arrangements.

The provisions of Part 2 of the Coronavirus Act require the Secretary of State to provide an update to Parliament on the status of non-devolved provisions in Part 1. The table below shows how each section has been used since royal assent:

  • the first column refers to the Section of the Act
  • the second column is a brief description of its scope
  • the third column sets out the status of the provision. There are 3 elements to this: whether commenced; whether suspended/revived; whether the sunset date has changed. Currently no provisions have been suspended, revived and there have been no changes to sunset dates so the column only includes the details of the commencement status
  • the fourth column describes how the provision, once commenced, has been used
  • the final column is a brief description of what policy objectives the provision is intended to help achieve

A more detailed account of the policy under each provision can be found in the explanatory notes and other supporting material published alongside the Act.

Status table

Section (all part 1) and schedules Provision Status Use of provision since royal assent
1 Meaning of ‘coronavirus’ and related terminology Came into force on royal assent No change in terminology
2, schedule 1 Emergency registration of nurses and other health and care professionals Came into force on royal assent A significant increase in the number of 2nd year, 3rd year and postgraduate nursing and midwifery students ‒ and allied healthcare professionals ‒ opting into paid placements.
As at 14 May, 41,099 individuals across all professions have contacted NHS England and Improvement (NSHE/I) to return to practice in England, including around 16,769 doctors and 10,692 nurses and midwives. Around 10,892 staff have been allocated to trusts or 111 services for further checks and training. While demand for returning staff has been lower than anticipated under our reasonable worst-case scenario, we are conscious that this could change should COVID-19 cases increase or as a result of the backlog of elective interventions as delayed procedures are restarted.
6, schedule 5 Emergency registration of social workers: England and Wales Came into force on royal assent In England, Social Work England (SWE), has temporarily reinstated the professional registration of several thousand former social workers.
With the Department for Education and the Department of Health and Social Care, SWE has supported the Local Government Association to launch a website matching temporary registrants with employers.
There have been very few temporary registrants actually returning to the profession. Demand from local authorities for social workers has not arisen to the extent that was originally anticipated when considering the worst-case scenario.
8, schedule 7 Emergency volunteering leave Not yet in force These provisions were intended to come into force should the delivery of health services be at risk as a result of the pandemic. To date, there has not been a significant risk to health services and a surge in trained volunteers has not been required. As such, the provisions have not been triggered but remain as an option to use should there be subsequent, more aggressive waves.
There are no plans to commence powers at this time, due to sufficient current supply of staff and volunteers in the health and care system. We will keep situation under review to assess if powers need to be triggered in the future.
9 Compensation for emergency volunteers Not yet in force There are no plans to commence powers at this time, due to sufficient current supply of staff and volunteers in the health and care system. We will keep the situation under review to assess if powers need to be triggered in the future.
10, schedule 8 Temporary modification of mental health and mental capacity legislation Not yet in force So far, these provisions have not been needed in England. Mental health services have made arrangements to adapt service approaches, for example use of video for medical assessments, and overall the system has coped with staff shortages. Government has worked closely with NHSE/I to monitor service pressures and to create a direct route for local area requests for commencement to be considered.
11 Indemnity for health service activity: England and Wales Came into force on royal assent While the vast majority of health services in England and Wales continue to be covered by existing indemnity arrangements, in England Section 11 has been utilised in a range of scenarios to provide indemnity to aspects of the response to the outbreak.
14 NHS Continuing Healthcare assessments: England Came into force on royal assent The NHS has faced a surge in demand and reduced capacity arising from higher rates of staff absence during the past weeks.
This provision has allowed the discharge process to be expedited so that unnecessary delays are avoided for individuals who are ready to leave hospital. This has significantly reduced the burden on the acute care sector and its front-line staff, allowing the NHS to make the best possible use of its staff and hospital space.
15, schedule 12 Local authority care and support Section 15 (in relation to England) and Part 1 of Schedule 12 (powers and duties of local authorities in England came into force on 31 March 2020 Seven local authorities have currently notified the Department that they are making use of the easing of the rules which has enabled them to ensure that the most urgent and acute care and support needs are met.
18, schedule 13 Registration of deaths and still-births etc. Came into force on 26 March 2020 This was speedily commenced after royal assent because, by the time the bill was introduced to parliament, the volumes of deaths were increasing and registration service outlets were closing their face-to-face services, resulting in the need for telephone registration.
These measures to simplify the process of death registration have been successfully introduced, reducing the need for face to face contact and reducing the risk of delays to associated bereavement processes such as funerals.
19 Confirmatory medical certificate not required for cremations: England and Wales Came into force on 26 March 2020 The removal of second medical certificates has prevented an inevitable delay in processing cremation applications that would have resulted, as medical resources have been increasingly focused on attending to the living with limited scope to attend to post death activities.
The timely processing of cremation applications and proceeding with cremations supports the management of limited body storage capacity.
22 Appointment of temporary judicial commissioners Came into force on royal assent The appointment of temporary judicial commissioners has ensured that warrants needed by our intelligence and law enforcement agencies can continue to be considered.
Following the laying of the regulations, the Investigatory Powers Commissioner has appointed 10 temporary judicial commissioners. Details on them can be found on the IPCO website.
23 Time limits in relation to urgent warrants etc. under Investigatory Powers Act Came into force on royal assent The variation to the urgent warrant procedure has ensured our intelligence and law enforcement agencies have the flexibility they need to protect national security and prevent serious crime.
24 Extension of time limits for retention of fingerprints and DNA profiles Came into force on royal assent The Coronavirus (Retention of Fingerprints and DNA Profiles in the interests of National Security) Regulations 2020 were laid in Parliament on 1 April and entered into force on 2 April. The regulations mitigated the risk of a critical national security capability from being compromised as a result of the effects of the pandemic.
25 Power to require information relating to food supply chains Not yet in force Department for Environment, Food and Rural Affairs has agreed a Data Sharing Protocol with food retailers to gather information daily, on a voluntary basis, during a food supply disruption.
These provisions are intended to back up this arrangement and will not be activated unless there is a food supply disruption and industry stop complying with information requests voluntarily.
26 Authorities which may require information Not yet in force Related to the power at clause 25. These provisions will not be activated unless there is a food supply disruption and industry stop complying with information requests voluntarily.
27 Restrictions on use and disclosure of information Not yet in force Related to the power at clause 25. These provisions will not be activated unless there is a food supply disruption and industry stop complying with information requests voluntarily.
28, schedule 15 Enforcement of requirement to provide information Not yet in force Related to the power at clause 25. These provisions will not be activated unless there is a food supply disruption and industry stop complying with information requests voluntarily.
29 Meaning of ‘food supply chain’ and related expressions Not yet in force Related to the power at clause 25. These provisions will not be activated unless there is a food supply disruption and industry stop complying with information requests voluntarily.
30 Suspension of requirement to hold inquests with jury: England and Wales Came into force on royal assent During the pandemic period the progress of coroner cases has been limited to conducting urgent inquests and some inquests that can be conducted on the papers without witnesses, resulting in a backlog that will continue into future years.
This change has allowed ‘paper inquests’ to be held now where COVID-19 is involved. It will also allow future non-urgent ‘COVID-19’ inquests, (for example, where witnesses will be called) to be conducted in a timely manner without the need for a jury unless the coroner considers it necessary.
37, schedule 16 Temporary closure of educational institutions and childcare premises Came into force on royal assent As educational institutions and childcare providers remain open for vulnerable children and the children of critical workers, the power has not yet been used.
38, schedule 17 Temporary continuity: education, training and childcare Came into force on royal assent The majority of educational institutions and childcare providers are open to certain groups of children, including vulnerable children and children of critical workers.
Parents whose work is critical to the COVID-19 response, including those in health and social care, have been able to continue working.
Four notices have been issued to temporarily remove statutory requirements relating to school attendance, pupil registration, school inspection and to relax requirements relating to Education, Health and Care plans.
39 SSP: funding of employers’ liabilities Came into force on royal assent New regulations have been made under which employers can be refunded the costs of SSP paid to employees for sickness absences relating to coronavirus.
40 SSP: power to disapply waiting period limitation Came into force on royal assent New regulations have been made to suspend the waiting days rule in coronavirus cases. This means that SSP is now payable from day 1, rather than day 4, and thus provides additional support to employees who are unable to work because they are unwell or self-isolating as a result of coronavirus.
41 SSP: modification of regulation making powers Came into force on royal assent This has allowed for regulations which provide that employees are to be treated as incapable of work as a result of coronavirus, and are therefore eligible for SSP, to refer to the latest guidance issued by the UK health authorities, as that guidance is amended from time to time. It also allows such regulations to confer discretion on a person.
This power was used in the Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 to reference guidance issued by the Chief Medical Officers, as amended from time to time, so that the regulations continue to apply as and when the guidance on symptoms is updated. It was also used to include those self isolating because of contact with someone with coronavirus, under the Statutory Sick Pay (General) (Coronavirus Amendment) (No. 4) Regulations 2020.
45 NHS pension schemes: suspension of restrictions on return to work: England and Wales Came into force on royal assent These suspensions have allowed thousands of former NHS staff to return to frontline NHS roles, adding vital capacity to the NHS workforce. The measures allow skilled and experienced staff who have recently retired from the NHS to return to work, and they also allow retired staff who have already returned to work to increase their commitments if required, without having their pension benefits suspended.
50, schedule 20 Power to suspend port operations Came into force on royal assent There have been no situations where the Secretary of State has needed to issue a direction under this schedule.
This provision will remain in force at the end of the 2-month period. This is in order to continue to provide for the scenario where, due to coronavirus, there are insufficient officers to maintain adequate border security. The power to suspend port operations will only be used where the Secretary of State believes that it is necessary, proportionate, and there is a real and significant risk to border security.
51, schedule 21 Powers relating to potentially infectious persons Came into force on royal assent These powers have been made operational. The use of the power has been minimal – fewer than 10 cases across the whole of England – but it nonetheless remains a useful part of the full range of tools and powers available to the frontline of the response.
52, schedule 22 Powers to issue directions relating to events, gatherings and premises Came into force on royal assent The UK government has not exercised the powers conferred through this provision.
The lockdown regulations (The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020) – made under the Public Health (Control of Disease) Act 1984 – have been used to restrict gatherings.
53, schedule 23 Expansion of availability of live links in criminal proceedings Came into force on royal assent These provisions have been introduced to allow the courts and tribunals system to continue to function throughout the pandemic and ensure that more people are able to access justice.
Despite the considerable challenges and restrictions in place during this time, these provisions have allowed thousands of hearings to take place since the passing of the Act and the take-up of remote technology has increased significantly, with around 90% of hearings being done by audio/video at the time of reporting.
Courts and non-devolved tribunals reported that the numbers of cases heard each day in England and Wales with the use of audio and video technology increased from under 1,000 in the last week of March 2020 to approximately 3,000 by mid-April.
During April 2020, video technology accounted for just over one-third of the use of remote communications technology across courts and tribunals, and audio technology accounted for just under two-thirds.
54, schedule 24 Expansion of availability of live links in other criminal hearings Came into force on royal assent These provisions have been introduced to allow the courts and tribunals system to continue to function throughout the pandemic and ensure that more people are able to access justice.
Despite the considerable challenges and restrictions in place during this time, these provisions have allowed thousands of hearings to take place since the passing of the Act and the take-up of remote technology has increased significantly, with around 90% of hearings being done by audio/video at the time of reporting.
Courts and non-devolved tribunals reported that the numbers of cases heard each day in England and Wales with the use of audio and video technology increased from under 1,000 in the last week of March 2020 to approximately 3,000 by mid-April.
During April 2020, video technology accounted for just over one-third of the use of remote communications technology across courts and tribunals, and audio technology accounted for just under two-thirds.
55, schedule 25 Public participation in proceedings conducted by video or audio Came into force on royal assent These provisions have been introduced to allow the courts and tribunals system to continue to function throughout the pandemic and ensure that more people are able to access justice.
Despite the considerable challenges and restrictions in place during this time, these provisions have allowed thousands of hearings to take place since the passing of the Act and the take-up of remote technology has increased significantly, with around 90% of hearings being done by audio/video at the time of reporting.
Courts and non-devolved tribunals reported that the numbers of cases heard each day in England and Wales with the use of audio and video technology increased from under 1,000 in the last week of March 2020 to approximately 3,000 by mid-April.
During April 2020, video technology accounted for just over one-third of the use of remote communications technology across courts and tribunals, and audio technology accounted for just under two-thirds.
56, schedule 26 Live links in magistrates’ court appeals against requirements or restrictions imposed on a potentially infectious person Came into force on royal assent These provisions have been introduced to allow the courts and tribunals system to continue to function throughout the pandemic and ensure that more people are able to access justice.
Despite the considerable challenges and restrictions in place during this time, these provisions have allowed thousands of hearings to take place since the passing of the Act and the take-up of remote technology has increased significantly, with around 90% of hearings being done by audio/video at the time of reporting.
Courts and non-devolved tribunals reported that the numbers of cases heard each day in England and Wales with the use of audio and video technology increased from under 1,000 in the last week of March 2020 to approximately 3,000 by mid-April.
During April 2020, video technology accounted for just over one-third of the use of remote communications technology across courts and tribunals, and audio technology accounted for just under two-thirds.
58, schedule 28 Powers in relation to transportation, storage and disposal of dead bodies etc. Came into force on royal assent There is work ongoing across government to help ensure death management during this pandemic continues to operate effectively and to identify and resolve any capacity issues. Government is working closely with the sector and with local partners to assist in contingency preparations and support local authorities to appropriately and safely manage the deceased during COVID-19.
This includes ongoing sharing of information about capacity to manage the deceased through local resilience forums (LRFs), which help to identify any capacity issues. This information helps government to determine whether further action may be required to address these capacity issues (at a local, regional or national level) and whether the threshold for ‘designating’ a local authority has been met. Local authorities are also sharing information at a local and LRF-level. Information requiring provisions are available to local authorities under Part 1 of the Schedule, and government has issued a template for making information requests.
No local authority has been designated yet and therefore no local or national authority is able to make directions under Part 2 of the Schedule. The threshold for designation (in Paragraph 4(1)) has not yet been met. This is true for all UK nations.
59 Elections and referendums due to be held in England in period after 15 March 2020 Came into force on royal assent Polls postponed until 6 May 2021 and work underway to consider options for supporting polls at that time. Government is working closely with Electoral Commission and other agencies.
60 Postponement of elections due to be held on 7 May 2020 Came into force on royal assent Polls postponed until 6 May 2021 and work underway to consider options for supporting polls at that time. Government is working closely with the Electoral Commission and other agencies.
61 Power to postpone certain other elections and referendums Came into force on royal assent No recall petitions have arisen thus far, and the power has not been required to be used.
62 Power to postpone a recall petition under the Recall of MPs Act 2015 Came into force on royal assent No recall petitions have arisen thus far, and the power has not been required to be used.
63 Power to make supplementary etc. provision Came into force on royal assent The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020 came into force on 7 April 2020 and makes provisions for extension of tenure of councillors due to postponement of polls.
71 Signatures of Treasury Commissioners Came into force on royal assent This clause is required to ensure that the Treasury can always transact its business, should Commissioners be unable to fulfil their duty. There has been no need yet to act on this power.
72 Power under section 143 of the Social Security Administration Act 1992 Came into force on royal assent This power was taken to enable the government to respond flexibly to the situation through the National Insurance system. The government is providing a wide range of support to businesses and employers and therefore there has been no need to use this power.
73 Power under the section 145 of the Social Security Administration Act 1992 Came into force on royal assent This power was taken to enable the government to respond flexibly to the situation through the National Insurance system. The government is providing a wide range of support to businesses and employers and therefore there has been no need to use this power.
74 Power under section 5 of the National Insurance Contributions Act 2015 Came into force on royal assent This power was taken to enable the government to respond flexibly to the situation through the National Insurance system. The government is providing a wide range of support to businesses and employers and therefore there has been no need to use this power.
75 Disapplication of limit under section 8 of the Industrial Development Act 1982 Came into force on royal assent The provision is in use to facilitate the provision of support to business. A separate requirement to report to Parliament in relation to the use of Section 75 is set out in that section and the first report to Parliament under this section will be submitted shortly.
76 HMRC functions Came into force on royal assent The government has used this power to direct HMRC to have new functions in respect of paying and managing grants to businesses and individuals under the Coronavirus Job Retention Scheme and Self-Employed Income Support Scheme.
77 Up-rating of working tax credit etc. Came into force on royal assent From 6 April 2020 the basic element of Working Tax Credit is being paid to around 1.6 million existing claimants at the increased rate set out in the Act.
78 Local authority meetings Came into force on royal assent Local authorities are being asked to undertake several essential functions in the face of the pandemic as well as contribute to local resilience planning for the pandemic through LRFs and continue the effective delivery of local services.
Feedback from the sector to date indicates local authorities have welcomed the regulations ‒ the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020.
79 Extension of Business Improvement Districts (BID) arrangements: England Came into force on royal assent The use of this provision has led to BIDs in England, due to ballot imminently, delaying their ballots until later in the year, providing greater certainty for businesses and local authorities. This is also increasing capacity within local authorities to reprioritise their work to address the coronavirus crisis.
The government has also announced a £6.1 million fund to support BIDs.
81, schedule 29 Residential tenancies in England and Wales: protection from eviction Came into force on royal assent Landlords are being required to give three months’ notice of their intention to seek possession to regain properties that are let on an assured, assured shorthold, secure, flexible, demoted or introductory tenancy or for tenancies under the Rent Act 1977. This means that it will be three months before a landlord can apply to the court to proceed with any possession action.
82 Business tenancies in England and Wales: protection from forfeiture etc. Came into force on royal assent The moratorium on the forfeiture of leases has been effective in providing certainty to tenants that were concerned about being evicted for not being able to pay the rent due.
However, some landlords were reported to have used other means of recovering the rent due, effectively negating the policy intent of the measure. This has resulted in new measures being introduced via the Corporate Insolvency and Governance Bill to temporarily ban the use of statutory demands and winding-up petitions by landlords, as well as introducing secondary legislation regarding the use of Commercial Rent Arrears Recovery.
Engagement is continuing with representatives of tenant and landlord bodies to inform whether an extension of the moratorium is required past 30 June.

Changes to status during the reporting period

Mental health and mental capacity

Section number (and relevant schedule number where applicable) Measure Type of change Details of change Secondary legislation making the change
Section 10 Temporary modification of mental health and mental capacity legislation Commencement under section 87(2) Section 10(1) came into force on 27 March 2020 in relation to Wales it is not yet in force in relation to England. The Coronavirus Act 2020 (Commencement No. 1) (Wales) Regulations 2020 (SI 2020/336)
Section 10 Temporary modification of mental health and mental capacity legislation Commencement under section 87(2) Section 10(3) and (4) came into force on 2 April 2020 in Northern Ireland. The Coronavirus Act 2020 (Commencement No.1) Order (Northern Ireland) 2020 (SI 2020/58)
Section 8 Temporary modification of mental health and mental capacity legislation Commencement under section 87(2) Schedule 8 (paragraphs 1 to 2 and paragraphs 11 to 13) came into force on 27 March 2020 in relation to Wales. Schedule 8 is not yet in force in relation to England. The Coronavirus Act 2020 (Commencement No. 1) (Wales) Regulations 2020 (SI 2020/366)
Section 11 Temporary modification of mental health and mental capacity legislation Commencement under section 87(2) Schedule 11 (paragraphs 1 to 10, 19, 20 (so far as it relates to paragraphs 5 and 9 only) and 22) came into force on 2 April 2020 in Northern Ireland. The Coronavirus Act 2020 (Commencement No.1) Order (Northern Ireland) 2020 (SI 2020/58)

NHS and local authority care and support

Section number (and relevant schedule number where applicable) Measure Type of change Details of change Secondary legislation making the change
Section 15, Schedule 12 Local Authority care and support Commencement under section 87(2) Section 15 (in relation to England) and Part 1 of Schedule 12 (powers and duties of local authorities in England) came into force on 31 March 2020. The Coronavirus Act 2020 (Commencement No. 2) Regulations 2020 (SI 2020/388)
Section 15, Schedule 12 Local Authority care and support Commencement under section 87(2) Section 15 (in relation to Wales) and Part 2 of Schedule 12 (powers and duties of local authorities in Wales) came into force on 1 April 2020. The Coronavirus Act 2020 (Commencement No. 1) (Wales) Regulations 2020 (SI 2020/366)
Section 16 Duty of local authority to assess needs: Scotland Commencement under section 87(2) Came into force on 5 April 2020. The Coronavirus Act 2020 (Commencement No. 1) (Scotland) Regulations 2020 (SI 2020/121)
Section 17 Section 16: further provision Commencement under section 87(2) Came into force on 5 April 2020. The Coronavirus Act 2020 (Commencement No. 1) (Scotland) Regulations 2020 (SI 2020/121)

Registration of deaths and stillbirths

Section number (and relevant schedule number where applicable) Measure Type of change Details of change Secondary legislation making the change
Section 18, Schedule 13 Registration of deaths and still-births etc. Commencement under section 87(2) Came into force on 26 March 2020. The Coronavirus Act 2020 (Commencement No. 1) Regulations 2020 (SI 2020/361)
Section 19 Confirmatory medical certificate not required for cremations: England and Wales Commencement under section 87(2) Came into force on 26 March 2020. The Coronavirus Act 2020 (Commencement No. 1) Regulations 2020 (SI 2020/361)
Section 21 Modifications of requirements regarding medical certificates for cremations: Northern Ireland Commencement under section 87(2) Came into force on 26 March 2020. The Coronavirus Act 2020 (Commencement No. 1) Regulations 2020 (SI 2020/361)