Coronavirus Act 2020
2020 c. 7
An Act to make provision in connection with coronavirus; and for connected purposes.
[25th March 2020]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Meaning of “coronavirus” and related terminology
(1) In this Act—
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus).
(2) A reference in this Act to infection or contamination, however expressed, is a reference to infection or contamination with coronavirus.
(3) But a reference in this Act to persons infected by coronavirus, however expressed, does not (unless a contrary intention appears) include persons who have been infected but are clear of coronavirus (unless re-infected).
2 Emergency registration of nurses and other health and care professionals
Schedule 1 contains temporary modifications of—
(a) the Nursing and Midwifery Order 2001 (S.I. 2002/253), and
(b) the Health Professions Order 2001 (S.I. 2002/254).
6 Emergency registration of social workers: England and Wales
Schedule 5 contains temporary modifications of—
(a) the Social Workers Regulations 2018 (S.I. 2018/893), and
(b) the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
11 Indemnity for health service activity: England and Wales
(1) The appropriate authority may—
(a) indemnify a person in respect of a qualifying liability incurred by the person, or
(b) make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.
(2) References in this section to a qualifying liability are to a liability in tort, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.
(3) “Relevant service” means a service which is provided by a person as part of the health service and which—
(a) relates to—
(i) caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,
(ii) caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or
(iii) diagnosing or determining whether a person has been infected or contaminated,
(b) relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the health service being unable to do so in consequence of providing a service within paragraph (a), or
(c) relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the health service being unable to do so because of a reason relating to coronavirus.
(4) In a case within subsection (1)(a), any question relating to—
(a) whether a person has incurred a qualifying liability, or
(b) the amount of any payment by virtue of subsection (1),
is to be determined by the appropriate authority.
(5) In a case within subsection (1)(b)—
(a) any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;
(b) any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.
(6) Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.
(7) In this section—
“the appropriate authority” means—
in relation to a relevant service provided as part of the English health service, the Secretary of State;
in relation to a relevant service provided as part of the Welsh health service, the Welsh Ministers;
“authorised person” means a person authorised by the appropriate authority;
“the health service” means the English health service or the Welsh health service;
“the English health service” means the health service continued under section 1(1) of the National Health Service Act 2006;
“the Welsh health service” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006.
12 Indemnity for health service activity: Scotland
(1) The Scottish Ministers may—
(a) indemnify a person in respect of a qualifying liability incurred by the person, or
(b) make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.
(2) References in this section to a qualifying liability are to a liability in delict, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.
(3) “Relevant service” means a service which is provided by a person as part of the health service and which—
(a) relates to—
(i) caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,
(ii) caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or
(iii) diagnosing or determining whether a person has been infected or contaminated,
(b) relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the health service being unable to do so in consequence of providing a service within paragraph (a), or
(c) relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the health service being unable to do so because of a reason relating to coronavirus.
(4) In a case within subsection (1)(a), any question relating to—
(a) whether a person has incurred a qualifying liability, or
(b) the amount of any payment by virtue of subsection (1),
is to be determined by the Scottish Ministers.
(5) In a case within subsection (1)(b)—
(a) any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;
(b) any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.
(6) Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.
(7) In this section—
“authorised person” means a person authorised by the Scottish Ministers;
“the health service” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978.
13 Indemnity for health and social care activity: Northern Ireland
(1) The Department of Health may—
(a) indemnify a person in respect of a qualifying liability incurred by the person, or
(b) make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.
(2) References in this section to a qualifying liability are to a liability in tort, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.
(3) “Relevant service” means a service which is provided by a person as part of the system of health and social care and which—
(a) relates to—
(i) caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,
(ii) caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or
(iii) diagnosing or determining whether a person has been infected or contaminated,
(b) relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the system of health and social care being unable to do so in consequence of providing a service within paragraph (a), or
(c) relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the system of health and social care being unable to do so because of a reason relating to coronavirus.
(4) In a case within subsection (1)(a), any question relating to—
(a) whether a person has incurred a qualifying liability, or
(b) the amount of any payment by virtue of subsection (1),
is to be determined by the Department of Health.
(5) In a case within subsection (1)(b)—
(a) any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;
(b) any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.
(6) Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.
(7) In this section—
“authorised person” means a person authorised by the Department of Health;
“the Department of Health” means the Department of Health in Northern Ireland;
“the system of health and social care” means the system promoted under section 2(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)).
Schedule 12 contains provision modifying the powers and duties of local authorities in England and Wales in relation to the provision of care and support.
(1) The Scottish Ministers may issue guidance to local authorities about the exercise of their functions under the following provisions in consequence of section 16—
(a) Part 2 of the 1968 Act;
(b) sections 22, 23 and 29 of the 1995 Act;
(c) sections 25, 26 and 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);
(d) section 1 of the 2013 Act;
(e) Parts 2 and 3 of the 2016 Act.
(2) A local authority—
(a) must have regard to any guidance issued under subsection (1);
(b) must comply with such guidance issued under subsection (1) as the Scottish Ministers direct;
(c) may disregard, so far as it is inconsistent with guidance issued under subsection (1)—
(i) any guidance issued under section 5(1) of the 1968 Act;
(ii) a code of practice published under section 274(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003.
(3) The Scottish Ministers may—
(a) from time to time revise any guidance issued under subsection (1);
(b) vary or revoke a direction made under subsection (2)(b).
(4) A local authority must not recover a charge under section 87 of the 1968 Act for—
(a) community care services provided to a person if, in reliance on section 16(1), the authority did not—
(i) comply with section 12A of the 1968 Act before providing the services, or
(ii) comply with section 1 of the 2013 Act in relation to the services;
(b) services provided to a child under section 22(1) of the 1995 Act if, in reliance on section 16(7), the authority did not—
(i) where the services were provided following a request being made to the authority in relation to the child under section 23(3) of the 1995 Act, assess the child's needs for the services before providing them, or
(ii) comply with section 1 of the 2013 Act in relation to the services;
(c) advice, guidance or assistance provided to a person under section 29(1) or (5A) of the 1995 Act if, in reliance on section 16(9), the local authority did not carry out an assessment of the person's needs under section 29(5) of that Act before providing the advice, guidance or assistance.
(5) For the purposes of subsection (4), a local authority did not—
(a) comply with a provision if it only partially complied with the provision;
(b) carry out an assessment if it only partially carried out the assessment.
(6) Nothing in subsection (4) prevents a local authority from recovering charges if—
(a) the authority provides—
(i) services in the circumstances described in paragraph (a) or (b) of subsection (4), or
(ii) advice, guidance or assistance in the circumstances described in paragraph (c) of that subsection,
(b) the authority subsequently complies with the provisions mentioned in paragraph (a), (b) or (c) of that subsection (as the case may be) in relation to the services or the advice, guidance or assistance, and
(c) the charges relate only to the period after the authority so complies.
(7) Subsection (8) applies where—
(a) a local authority provides accommodation to a person under Part 2 of the 1968 Act in the circumstances described in paragraph (a) of subsection (4),
(b) the authority subsequently complies with the provisions mentioned in that paragraph in relation to the provision of the accommodation, and
(c) after it complies with those provisions, the authority continues to provide the accommodation to the person.
(8) Despite subsections (4)(a) and (6), the authority may recover charges for the provision of the accommodation for any period—
(a) before the authority complied with the provisions mentioned in subsection (4)(a), and
(b) during which the person was a permanent resident.
(9) For the purposes of subsection (8), a person is a permanent resident if the person is expected to be provided with accommodation by the authority for a period of more than 52 weeks.
(10) Subsection (11) applies where—
(a) any provision of section 16 has had effect for a period, and
(b) that period has ended.
(11) In determining for the purposes of any proceedings whether a local authority has complied with any duty to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors—
(a) the length of any period for which any provision of section 16 had effect, and
(b) the number of relevant assessments which need to be carried out by the local authority following the end of any such period.
(12) In subsection (11), “relevant assessment” means—
(a) an assessment under—
(i) section 12A(1)(a) of the 1968 Act;
(ii) section 23(3) of the 1995 Act;
(iii) section 29(5) of the 1995 Act;
(b) the preparation of—
(i) an adult carer support plan under section 6 of the 2016 Act;
(ii) a young carer statement under section 12 of the 2016 Act.
(1) Part 1 of Schedule 13 contains temporary modifications of legislation relating to the registration of deaths and still-births in England and Wales, and related provision.
(2) Part 2 of Schedule 13 contains temporary modifications of legislation relating to the registration of deaths and still-births in Scotland, and related provision.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 Modifications of requirements regarding medical certificates for cremations: Northern Ireland
(1) The Cremation (Belfast) Regulations (Northern Ireland) 1961 (S.R. & O. (N.I.) 1961 No. 61) have effect with the following modifications.
(2) Regulation 10 (conditions to be met for cremations) has effect as if for paragraph (a) there were substituted—
(a) a certificate in Form B in the Schedule has been given by a registered medical practitioner who can certify definitely as to the cause of death; or
.
(3) Regulation 12 (Medical Referee's power to give certificates in Forms C and D) has effect as if the words “if he has personally investigated the cause of death to give a certificate in Form C, and” were omitted.
(4) In regulation 13 (duties of the Medical Referee)—
(a) paragraph (e) has effect as if the reference to “the medical certificates” did not include the confirmatory medical certificate (Form C);
(b) paragraph (f) has effect as if—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) the reference to “the certificates” did not include the confirmatory medical certificate (Form C).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Form B in the Schedule (certificate by registered medical practitioner) has effect as if—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) in the Note at the end, for “the medical practitioner who is to give the confirmatory medical certificate on Form C” there were substituted “ the Medical Referee ”.
(7) At the end of a period for which this section has effect, it continues to apply in relation to the cremation of the remains of a person who died during that period but whose remains have not been cremated unless, at the end of that period, a certificate in Form B in the Schedule to the Cremation (Belfast) Regulations (Northern Ireland) 1961 has not been completed in relation to the deceased person for the purposes of regulation 10(a) of those Regulations.
23 Time limits in relation to urgent warrants etc under Investigatory Powers Act
(1) The power in subsection (2) is exercisable if the Investigatory Powers Commissioner notifies the Secretary of State that, in the Commissioner's opinion, the power needs to be exercised in response to the effects that coronavirus is having, or is likely to have, on the capacity of Judicial Commissioners to carry out their functions.
(2) The Secretary of State may by regulations made by statutory instrument modify the Investigatory Powers Act 2016 so as to alter, for the purposes of any of the specified provisions of that Act (see subsection (3)), the length of a period referred to in that Act as “the relevant period”.
(3) The specified provisions are—
(a) sections 24(3), 109(3), 180(3) and 209(3) (period within which Judicial Commissioner must decide whether to approve decision to issue urgent warrant);
(b) sections 32(2)(a), 116(2)(a), 184(2)(a) and 213(2)(a) (period at end of which urgent warrant ceases to have effect);
(c) sections 33(5)(a), 117(5)(a), 185(3)(a) and 214(3)(a) (period during which urgent warrant may be renewed);
(d) sections 38(5), 122(5), 124(3), 147(3), 166(3), 188(3) and 217(3) (period within which Judicial Commissioner or other appropriate person must decide whether to approve decision to make urgent modification of warrant).
(4) A modification made by the regulations may not increase the length of a period so that it ends after the 12th working day after the day on which the warrant was issued or, as the case may be, the modification was made.
(5) The regulations may make consequential, supplementary or transitional provision.
(6) The regulations must provide for them to cease to have effect at the end of the period of 12 months beginning with the day on which they come into force.
(7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(8) In this section—
“Investigatory Powers Commissioner” has the meaning given in section 263(1) of the Investigatory Powers Act 2016;
“Judicial Commissioner” has the meaning given in that section and also includes a person appointed under regulations made under section 22.