Shopping for sweeties in a time of coronavirus: Clarifying emergency powers legislation

By Contrary:

“First things first

This is a “statutory instrument” not an Act of Parliament – it is so-called secondary legislation made under the Public Health (Control of Disease) Act
1984

This is legally significant”

“First, it means that the regulations can only be used for public health purposes, otherwise they are ultra vies the Act

Second, SIs (secondary instruments) can be challenged in court and quashed if they are ultra vires”

“This means that if the regulations persist longer than the public health emergency – or are not rationally connected to the threat faced – then a court can rule them unlawful”

“We now move to the regulations

First stop, regulation 3

This provides for the “emergency period”

This can end when the government decides the regulations are no longer needed, and this question needs to be reviewed at least every 21 days

There will be a review on 16 April”

So even though there are restrictions to our liberty, we will not be living in a police state for two years – that’s how I read it anyway.

Some other points:

“ps 4

Welcome things about the Regulations:

1. SI not an Act – so more open to legal challenge

2. Reasonable excuses not a closed list

3. Fixed Penalty Regime means not automatic criminalisation in straightforward cases”

“ps 5

Am still wondering what “basic necessities” means as opposed to “necessities” and suspect Parliamentary Counsel must have watched Jungle Book earlier in the day before drafting the regulation”

I am wondering this too, I will be running out of sweeties soon, and to me there are essential necessities, but will I be arrested because a police officer has a different opinion…

8 thoughts on “Shopping for sweeties in a time of coronavirus: Clarifying emergency powers legislation

  1. Typically when the wheels start come off Bo-jo and Hancockup go into hiding again but when they emerge they will be mightily relieved to know from the BBC that there have been no overnight virus deaths in England again just rUK. Their on a roll.

    Liked by 1 person

  2. The English PM, Health Secretary and Chief medical Officer are all down. All the Kings Men, so to speak.

    Therefore I await the call to run the Boris Regime.
    Sadly, I must refuse, as I still have a functioning moral compass.

    So I will pass on the “Ruthie” identity. Because……….as A.A. Milne nearly had it…….

    “When you are a Ruthie of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside of you is quite different when it gets out into the open and has other people looking at it”.

    That’s oor Ruthie !

    Liked by 2 people

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