Corporate report

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

Published 28 January 2021

This report was laid in Parliament on 28 January 2021

ISBN 978-1-5286-2384-1

CCS0121891106

Introduction

The coronavirus pandemic will continue to have a profound impact in 2021. The spread of the virus has adversely affected all parts of society, public services and the economy. Over the winter months there has been increased demand on the NHS with the emergence of new variants causing a rapid increase in cases, as well as displacement of elective services and longer-term impacts on mental health and wellbeing. The government has maintained an agile response to the virus, adapting as the situation has changed. Early on, this included the Coronavirus (COVID-19) Action Plan, published on 3 March 2020. This was then supplemented by the COVID-19 Winter Plan, which set out the approach to the next phase on 2 December 2020.

After months of hard work to bring the virus under control since the first wave, the new variant spread quickly, increasing case numbers and the risk of harm; it is established to be between 50 to 70 percent more transmissible and spread by asymptomatic individuals. The Prime Minister announced a second lockdown in England on 4 January 2021, which came into force on 6 January. This lockdown has a clear stay at home message. While regrettable and difficult for many people, this was necessary to reduce the spread of the virus, protect the NHS and save lives.

However, there is hope on the horizon with the rollout of the vaccination programme. The NHS was the first health service in the world to deploy the Pfizer/BioNTech jab to protect people from the virus. Three vaccines have now been authorised by the Medical and Healthcare products Regulatory Agency (MHRA) after meeting strict standards of safety, quality and effectiveness following the approval of the Oxford and Moderna vaccines. As of 19 January, over 4.2 million people across the UK have now received their first dose of a COVID vaccine and nearly half a million have received their second dose. Around 40% of over 80s have now been vaccinated in England as the programme continues rapid expansion. Daily updates on vaccine doses are available.

The Coronavirus Act 2020 (“the Act), which received Royal Assent in March 2020, was part of the government’s early action to combat the pandemic and continues to underpin the response to this day. It provided a set of measures giving public bodies and the government the tools and powers they needed to carry out an effective response to this public health emergency. The Act continues to provide the flexibility required to take decisive, measured and proportionate action to protect public health whilst mitigating the impact on society and economy. It is one of a range of measures the government has introduced to combat the virus and is complemented by the efforts to increase testing, support detection, reduce transmission, support isolation of cases, engage in research to improve our understanding of the virus and how its impacts can be mitigated and rollout vaccination in the UK

This fifth review of the Act outlines how the legislation has helped support the UK’s efforts to combat the virus and assesses whether the provisions remain necessary, proportionate and effective. A comprehensive 6-monthly report on the Act will be published by the end of March and, in line with the requirement of the Act, there will be debates in both Houses of Parliament on the government’s approach and the provisions in the Act.

What the Act was designed to achieve

The key objectives of the Act were to ensure the NHS had the capacity to deal with the peak of the virus; that critical societal functions were enabled to continue; to ensure effective support packages were put in place for people and businesses; and to facilitate sufficient preparation for a worst-case scenario. The Act enables action in 5 key areas:

1. increasing the available health and social care workforce: the Act removes barriers to allow suitably experienced people to be part of the workforce during this period (such as recently retired NHS staff and social workers returning to work, including in Scotland)

2. easing and reacting to the burden on frontline staff: the Act strives to reduce the number of administrative tasks frontline staff have to perform, so that actions can be focussed where most needed and public services maintained

3. supporting people: provisions of the Act make it easier for people and businesses impacted by coronavirus to access financial support when they need it

4. containing and slowing the virus: provisions of the Act facilitate actions to promote social distancing and mitigate spread, including preventing gatherings of people, postponing electoral events and closing schools, and making it easier for people to self-isolate by making Statutory Sick Pay (SSP) payable from day one

5. managing the deceased with respect and dignity: the Act enables the death management system to deal with increased demand for its services

These areas are kept under review. The UK government will not hesitate to act to suppress the virus and protect the NHS and the vulnerable. We need to remain cautious about the timetable ahead. If our understanding of the virus does not change dramatically, rollout of the vaccine continues to be successful, deaths start to fall as the vaccine takes effect, the situation in hospitals improve and everyone plays their part by following the rules, then we hope to begin the move out of restrictive measures in the near future.

The impact of the Act

After 10 months of reviewing the Act, we are confident that it has facilitated a fast and effective response to the COVID-19 outbreak. By enabling action in the 5 key areas, the provisions have helped balance public health interventions with the economy and supporting public service delivery. The Act removes barriers to allow suitably experienced people (such as recently retired NHS staff and social workers) to re-join the workforce during the pandemic and provides financial support through the Coronavirus Job Retention Scheme and Self-Employed Income Support Scheme. The measures have enabled important activity which has supported millions of people and continues to be a necessary tool in the overall response to the pandemic.

Increasing the available health and social care workforce

The provisions in the Act facilitated the deployment of essential healthcare professionals. In the last 2 months, the eligibility for temporary registers has been extended to cover nurses and midwives whose registration lapsed between 1 March 2020 and 30 November 2020. The former healthcare professionals who came forward to help the NHS in the first wave of the COVID-19 outbreak have wide ranging skills and experience and have been employed across health and social care, for example within NHS 111, secondary care, Mental Health and community services. Thousands of these former healthcare professionals remain in touch with NHS England and Improvement’s regional Bring Back Staff teams and are available for deployment to a range of clinical settings and programmes. More recently, efforts have focused on matching these former healthcare professionals to the COVID vaccination programme. Additionally, Social Work England (SWE) has supported the Local Government Association (LGA) to launch a website matching temporary former social workers with employers to make temporary registrants available to support frontline services.

With increasing demand on the NHS and usual winter pressures, the provisions in question have supported the NHS and local authority workforce while simultaneously supporting the effective rollout of the vaccine.

Easing and reacting to the burden on frontline staff

Provisions in the Act helped ease the burden on frontline staff by allowing the NHS to reduce bureaucracy in some areas. For example, the provisions relating to NHS Continuing Assessments, under section 14 of the Act, helped reduce the need to conduct Continuing Healthcare (CHC) assessments. This enabled patients to be discharged into more appropriate settings and free up beds for patients with acute needs. A reduction in bureaucracy and devolving decision making has led to innovative practices in many emergency and clinical teams.

The provisions in section 53 to 56 of the Act have enabled better use of video links in the court service, with up to approximately 40,000 hearings over video technology having taken place in the magistrates’ and Crown Court within the last two months. By reducing public attendance at courts and tribunal centres, remote participation in hearings has increased safety for staff and judges, reducing rates of non-attendance due to COVID-19 and enabling safe options for physical attendance at court where that is required by the judge.

Supporting people

Throughout the pandemic, the government has sought to protect people’s jobs and livelihoods while also supporting businesses and public services across the UK. Provisions available under the Act facilitated essential support to people and businesses throughout the pandemic. The measures under section 77 were used to support some 1.7 million low income households receiving Working Tax Credit who have benefited by an extra £1,045 per household per year, equal to up to £20 extra per week, in 2020/21.

Sections 71 and 76 of the Act were utilised to provide unprecedented support to people and businesses through the Coronavirus Job Retention Scheme (CJRS) and Self-Employed Income Support Scheme (SEISS). This has made a tangible difference, providing families with a source of income and a lifeline for many businesses so they can continue to operate. The CJRS has been extended until the end of April 2021 to continue to cover 80% of the wages of employees. As of 13 December, the scheme has supported 9.9 million jobs at the cost of roughly £46.4 billion. In line with the extension to the CJRS, the government has also announced an extension to the SEISS until April 2021 to continue to support self-employed individuals across the UK whose business have been adversely impacted by COVID-19. So far, SEISS has seen around 2.7 million individuals make claims under the scheme totalling £18.5 billion across all three grants. HMRC statistics on the take up of both SEISS and CJRS are available.

The provisions in the Coronavirus Act are part of a wider package which the government has made available to support people and businesses. On 5 January, in response to the announcement of a national lockdown, the Chancellor put in place additional support to the most affected businesses, worth £4.6 billion across the UK. This support includes:

• a one-off grant for closed businesses in England of up to £9,000
• £500m discretionary funding provided to English local authorities to support local businesses
• £729m for the devolved administrations through the Barnett formula, broken down as:
  • £375m to the Scottish government
  • £227m to the Welsh government
  • £127m to the Northern Ireland Executive

Businesses have also been able to access loan schemes such as The Bounce Back Loan Scheme, Coronavirus Businesses Interruption Loan Scheme, Coronavirus Large Business Interruption Loan Scheme and the Future Fund. As of 24 January, the loan schemes have provided over £70bn of support to businesses with over 1.5 million loans approved.

Direct financial support has helped ensure people self-isolate if they are unable to work from home and will lose income from not being able to work. The government made an initial £50 million available to local authorities in England to administer the Test and Trace Support Payment scheme, and is providing a further £20 million to enable them to continue running the scheme. This support is available to people who meet the eligibility criteria.

Containing and slowing the virus

Transmission of the virus is aided by reducing unnecessary social contact. The Act has successfully supported necessary efforts to reduce social contact and slow the growth of the virus. Using the powers contained in sections 59 to 63 in of the Act, in May 2020, 161 elections due to take place were postponed until May 2021.

These measures are not taken lightly. Free and fair elections are an essential part of the democratic process and using the powers are only exercised when absolutely necessary. Nonetheless, using these provisions did help to mitigate the risk of transmitting the virus. Elections are now scheduled for May 2021. Many of these elections have already been delayed by a year. Voters have a right to be heard and to decide who governs them. The bar for delaying democracy is high but the intention to hold polls as scheduled should be kept under review in light of the changing public health situation. The government is taking steps to assure that polls can be delivered by continuing to work closely with the electoral sector, public health bodies and political parties to identify and resolve challenges in the successful delivery of the polls this May.

Other provisions in the Act have also helped to slow transmission. Under section 40 of the Act, Statutory Sick Pay (SSP) has been made payable from day 1. This encourages people to adhere to public health advice and self-isolate and therefore slow the rate of transmission.

Managing the deceased with respect and dignity

We are committed to reducing the burden placed on frontline workers and ensuring that families who have lost loved ones as a result of COVID-19 are confident that the deceased are treated with the utmost respect and dignity. Section 18 of the Act modified procedures in relation to death and still-birth registration and management. This expanded the list of people who can register a death to include funeral directors acting on behalf of the family and it enabled those who are required to give information about a death or still-birth by telephone or other means instead of in person. The changes to the certification and registration of deaths have been vital in meeting the pressures placed on the NHS, the local registration service and the coronial service by the coronavirus

The powers under section 58 enable local authorities and the government to develop a fuller understanding of where pressures are occurring in the death management system and allows for targeted interventions to support existing procedures. Local authorities have welcomed these powers as they have allowed them to understand the capacity of the death management system in their area and prepare accordingly.

Equality and human rights

The government appreciates the impact many of the provisions of the Act have on people’s lives. Action is taken quickly and decisively where needed to protect the population from public health risks. Great care is taken in ensuring any action is proportionate, in place for as short a time as possible and has appropriate checks and balances. Many of the provisions provided critical support to individuals and businesses and assisted with supporting the NHS and other essential public services through the pandemic.

On 28 July 2020, an impact assessment of the provisions of the Act was published, which records the equality analysis undertaken to enable Ministers to fulfil the requirements placed on them by the Public Sector Equality Duty (PSED) as set out in section 149 of the Equality Act 2010. It was found that, in some cases, the provisions could give rise to more significant impacts on certain protected groups. However, these impacts were considered to be justified and a proportionate means of achieving the legitimate aim of protecting the general public from the coronavirus by increasing the capacity of public service systems and mitigating the spread of infection. Furthermore, the government felt that the provisions would have a positive impact on those with the protected characteristics of age or disability, compared to not introducing the provisions, due to the fatality rate of the virus being higher in the elderly and in those with pre-existing medical conditions, which could include some forms of disability. Nonetheless, many of the provisions, where possible, contain safeguards and mitigation measures to lessen the extent of any actual or perceived negative impacts. The full public sector equalities duty impact assessment is available.

On 19 March 2020, The Joint Committee on Human Rights (JCHR) initiated an inquiry into the government’s response to COVID-19. On 21 September 2020, the JCHR published their report ‘The government’s response to COVID-19: Human Rights Implications’. The report contained 55 recommendations, many of which directly related to the provisions of the Act. The full government response to the JCHR report on COVID-19 human rights implications is available.

One key concern the committee shared was around access to justice with the expansion of technology being used, and the potential impact on those who are digitally excluded or who are vulnerable. The government is clear that open justice remains a fundamental principle of the operation of courts and tribunals, so what happens during proceedings can be done transparently. Guidance has also been developed for staff on how to support service users with disabilities, with examples of potential reasonable adjustments. The committee also raised concerns over the government’s ability to make changes to the Mental Health Act 1983 under the provisions of the Act. The government’s overall approach has always been to keep interventions as limited as possible and as such, the decision to expire these powers was made on 25 November, following debates in both Houses. Secondary legislation was approved on 8 December and came into force on 9 December. These provisions were not required due to the commitment and resilience of NHS staff and a number of adaptations that have been made. Adaptions include legal guidance which sets out how the Act’s Code of Practice can be interpreted during this period (such as the delivery of statutory forms electronically and use of video technology for medical assessments). As a result, the government believes it was appropriate to remove them so that it is clear to patients, carers, staff and stakeholders they would not be used.

As part of this overall approach, the use of the powers contained within the Act continues to be proportionate, in line with the ever-changing situation COVID-19 presents. Previously, concerns have been raised around the powers under section 51, the potential threat to human rights these pose. These powers allow public health officers (PHOs) to control the spread of coronavirus by enabling them to require a person to undergo screening and assessment for COVID-19 and impose restrictions and requirements, such as travel restrictions or isolation where necessary and proportionate.

These provisions also give powers to constables to support and enforce these public health measures and enable constables and immigration officers to support PHOs in exercising their functions where necessary and proportionate. However, to date these powers have been used by PHOs 10 times, an increase of only one use since the 6-month review point, and police and immigration officers have not yet used the measures, as it has not been deemed necessary. It was never intended for these powers to be used as a ‘blanket approach’, instead a rigid criterion is in place to ensure they are used on a case-by-case basis depending on the individual concerned. The government believes this shows a commitment to protecting human rights as the powers are being used as a last resort, where they are absolutely necessary as a result of COVID-19 and that the powers are not being exploited.

Equality concerns have also been raised over section 15. These powers enable local authorities to continue to meet the most urgent and acute needs in the face of COVID-19 by relaxing some duties on local authorities, allowing them to streamline assessments and charge for care retrospectively. Between 3 April 2020 and 29 June 2020 only 8 local authorities (LAs) operated under these easements and within this reporting period no LAs have been operating under easements as they have not been deemed necessary. The government is confident these powers are being used only when necessary to deal with the impact of the pandemic, and therefore mitigating risks as much as possible.

Benefits of maintaining the Act

Despite the work done to control the virus since the pandemic started, the emergence of the new variant has meant the government needed to adapt and strengthen the approach. As such, the powers in the Act, and the option for invoking restrictions quickly and flexibly remains vital. The implementation of lockdown restrictions in England on 6 January was due to a ‘material risk of healthcare services being overwhelmed’. In England alone, the number of COVID-19 patients in hospitals increased by nearly a third week preceding lockdown, to nearly 27,000, which is 40% higher than the first peak in April. On 29 December, more than 80,000 people tested positive for COVID-19 across the UK – by far a new record for the pandemic.

Although the country is already under difficult restrictions, it is clear we need to remain vigilant to bring the new variant under control. As such, the Act continues to be a vital tool in our efforts to overcome the virus.

Mechanism to change the status of provisions

We are mindful of the need to monitor the impact the measures taken are having on people, remaining flexible so that we can adapt to new evidence and changes in risk. Where measures have been taken, the government has sought to put them in place for as short a period as necessary and often with the additional checks and balances of sunsetting clauses and fixed review points. The Act is reviewed regularly to ensure its provisions are being applied appropriately and that they are still needed.

A 2-year life span for this Act has been chosen to ensure that its powers remain available for a reasonable length of time, with the option for the provisions in the Act to be extended by the relevant national authority. Many provisions were designed to be used temporarily, and for the shortest time possible. For this reason, there are facilities to enable Ministers to commence provisions when they are needed, suspend provisions when it makes sense to do so and, if circumstances warrant it, revive those provisions again. The Act also includes the option to ‘sunset’ (that is permanently repeal) provisions early, before reaching the automatic sunset.

As part of the overall approach to keep interventions as limited as possible, on 9 December the section 10 (schedule 8) Mental Health provisions in the Act were expired following debate in both Houses. The provisions relating to patients involved in the criminal justice system were also removed in Wales. This was decided as part of the 6-monthly review of the Act.

Reporting and accountability arrangements

The government recognises the vital importance of parliamentary scrutiny and wanted to build in checks and balances on the use of the Act. Therefore, the Act includes (in part 2) a number of arrangements to facilitate accountability and transparency over the use of the substantive part 1 powers. These provisions are subject to a 6-monthly review and renewal vote in the House of Commons.

The first of these was held on 30 September 2020, following a debate in the House of Lords on 28 September, in which Parliament decided that the Act should continue. Other accountability measures include a 2-monthly report to Parliament and an annual debate. Many of the provisions contained within the Act can be suspended if the scientific advice is that they are not needed and revived again if it says that they are. The next 6-monthly review will take place by the end of March 2021. Parliament will have an opportunity to debate the provisions in detail and consider their continued application based on the latest evidence.

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 two-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 two-month period, and (b) whether Ministers have, during that period, exercised powers under the Act to change the status of any provisions.

While there is the legal obligation to report on the non-devolved provisions of the Act, under part 2, there is not the same obligation for devolved matters. Each devolved administration has its own arrangements for reporting on these, and on other powers within their legislative competence, in tackling the pandemic. For example, the Scottish government publish a report on the use of the emergency powers contained within the Act and Coronavirus (Scotland) Act 2020 every 2 months.

Section 90, under part 2, of the Act gives the power to alter the current expiry date. Regulations made under this section would either mean that the Act would expire earlier, or later, than the current date. However, no regulations so far have been made to change the expiry date under this section.

A status table has been published and provides up to date information on the status of all provisions, including devolved provisions, in the Act. This will be updated regularly, should any of the provisions be repealed before reaching the automatic sunset of the Act.

Appropriateness statement

Each 2-monthly report must contain a statement that the Secretary of State is satisfied that the status of the non-devolved provisions is appropriate. The Secretary of State for Health and Social Care, Matt Hancock, has made the following statement regarding the status of provisions in the Act in accordance with section 97(1)(b):

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 provisions of part 2 of the Act require the Secretary of State to provide an update to Parliament on the status of non-devolved provisions in part 1 every 2 months. 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 or revived
  • whether the sunset date has changed

The motion to expire the Mental Health provisions under section 10 (schedule 8) has been approved in both Houses and signed into law. The table reflects the current position on this.

• the fourth column describes how the provision, once commenced, has been used

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.

As detailed above, the devolved administrations are responsible, although not obligated, for their own reporting arrangements for any devolved provisions of the Act.

Status table

Section and schedules	Provision	Status	Aim of provision	Use of and impact of provision
1	Meaning of ‘coronavirus’ and related terminology	Came into force on royal assent	-	-
2, schedule 1	Emergency registration of nurses and other health and care professionals	Came into force on Royal Assent	These provisions enable the Nursing and Midwifery Council (NMC) to temporarily register nurses, midwives and (in England) nursing associates. They also enable the Health and Care Professions Council (HCPC) to temporarily register paramedics, operating department practitioners, radiographers and other professionals. This supports the NHS and wider healthcare system to ensure sufficient workforce capacity to deal with pressures created by coronavirus, building on the existing emergency registration powers of the General Medical Council to register doctors and the General Pharmaceutical Council to register pharmacists and pharmacy technicians.	The NMC and HCPC both established temporary emergency registers for former registrants and students at the end of March 2020. Deployment of returning staff was managed separately across each of the 4 countries. In England, The NHS Bring Back Staff scheme run by NHS England received expressions of interest from over 47,000 former registrants across all professions. Deployment of staff was managed by NHS trusts and other employing organisations. Initially, demand for returning staff was lower than might have been expected due to a lower than predicted initial COVID-19 surge and the redeployment of existing NHS workforce capacity freed up due to the suspension of non-urgent activity. Eligibility for temporary registers has been extended to cover those whose registration lapsed between 1 March 2020 and 30 November 2020. All active returners from all professions are also being contacted to encourage them to become COVID vaccinators. With increasing demand on the NHS due to the second COVID wave and winter pressures, the temporary registers have supported the NHS to ensure it has the staff it needs to meet rising demand. The provisions in question have supported the NHS to cope with the rise in demand which has resulted from the second wave of coronavirus and winter pressures, whilst simultaneously supporting the effective rollout of the coronavirus vaccine programme. In addition, the NMC has extended the temporary register to international nurses who are already in the UK and waiting to sit the overseas structured clinical examination (OSCE). The former healthcare professionals who came forward to help the NHS in the first wave of the covid-19 outbreak have wide ranging skills and experience and have been employed across health and social care, for example within NHS 111, secondary care, Mental Health, and community services. Thousands of these former healthcare professionals remain in touch with NHS England and Improvement’s regional Bring Back Staff teams and are available for deployment to a range of clinical settings and programmes. More recently, efforts have focused on matching these former healthcare professionals to the COVID vaccination programme. The provisions are necessary to ensure that the NHS is prepared to meet rising demand and to ensure that the coronavirus vaccine programme can be effectively rolled out.
6, schedule 5	Emergency registration of social workers: England and Wales	Came into force on Royal Assent	To allow the creation of a temporary register of social workers who have recently left the profession so that they may provide support to social care providers facing coronavirus pressures, either because of high demands on their service or because of high workforce absence.	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 (LGA) to launch a website matching temporary registrants with employers. As of 30 November 2020, there was a total of 9,658 temporary registrants, of which 296 are currently making themselves available to support frontline services. At least 16 have been employed by local authorities, but there are likely to be others, as they do not have to be employed through this system. SWE will be working to identify whether further temporary registrants are in employment. The Department for Education regularly discusses children’s social care workforce pressures with local authorities, and adult social care pressures with the Department of Health and Social Care. Though the number of temporary registrants returning to the profession to date remains relatively low, the temporary register remains important to local authority workforce planning in responding to anticipated COVID-19 pressures in the coming months, particularly those related to the new strain.
8, schedule 7	Emergency volunteering leave	Not yet in force	The provisions relating to Emergency Volunteering Leave and Emergency Volunteer Compensation were intended to come into force should the delivery of health services be at risk as a result of the pandemic.	The provisions relating to Emergency Volunteering Leave and Emergency Volunteer Compensation were intended to come into force should the delivery of health services be at risk as a result of the pandemic. Despite significant workforce pressures in health and social care, we believe other planned measures such as NHS Professionals, other agency and bank staff and the Bring Back Staff (BBS) scheme run by NHS England and Improvement are more appropriate to address the need for trained clinical staff than EVL at this stage. Volunteer recruitment for the COVID-19 vaccination programme is currently on-track and EVL is therefore not required to boost volunteer supply for this. As such, there are no plans to trigger the provision at this point in time, but this remains an important option should this be necessary as part of the ongoing response to COVID-19 and we will continue to monitor the situation closely.
9	Compensation for emergency volunteers	Not yet in force	As above (8, schedule 7)	As above (8, schedule 7)
10 and schedule 8	Temporary modification of mental health and mental capacity legislation	Expired for England, and reserved provisions for Wales	The provisions were designed as a back stop to support services if the mental health sector experienced unprecedented resource constraints that put the patient’s safety at risk. The provisions would have enabled an Approved Mental Health Professional to apply to detain and individual under the Mental Health Act following the advice of one registered medical practitioner, where securing 2 recommendations was considered impractical or would lead to undesirable delay. These provisions would also have allowed for an extension of the time that hospital inpatients could be temporarily detained, pending an application for longer-term detention under the Mental Health Act.	The Secretary of State for Health and Social Care announced that these provisions would be removed from the Act in their entirety in relation to England and the provisions relating to patients involved in the criminal justice system would be removed in Wales. Secondary legislation came into force on 9 December which expired these regulations. The Coronavirus Act 2020 (Expiry of Mental Health Provisions) (England and Wales) Regulations 2020(SI 2020/1467). The provisions relating to the Mental Health Act were designed to only be switched on if the mental health sector was experiencing unprecedented resource constraints, which would result in patients’ safety being put at significant risk. These provisions were not needed as other means of increasing capacity and resilience have now been introduced and proven sufficiently effective. The government as a result has expired the emergency provisions in England and the provisions relating to the criminal justice system in Wales. These powers were not commenced in England and therefore no authorities used them. The Welsh government has chosen not to expire the provisions relating to health services in Wales. The Welsh government is also keeping in place provisions relating to the Welsh Mental Health Review Tribunal.
11	Indemnity for health service activity: England and Wales	Came into force on Royal Assent	To enable DHSC to provide clinical negligence indemnities for special/novel healthcare arrangements put in place during the pandemic, where there are no existing indemnity or insurance arrangements in place. This safety net ensures indemnity is not a barrier to providing care during the pandemic.	During this reporting period, the section 11 powers have enabled the provision of new indemnity for lateral flow testing of asymptomatic NHS staff, NHSE/I’s contracts with Independent Sector providers and established COVID-19 testing contracts. More generally, clinicians supporting the COVID-19 response, continue to be able to carry out any necessary work without worrying about indemnity. Throughout the pandemic, several special/novel healthcare arrangements have relied on indemnities provided under section 11. Section 11 is only required where there are gaps in existing indemnity cover. Regular lateral flow testing of asymptomatic staff is being conducted to maintain NHS capacity. These tests are sometimes administered by other staff. As peer to peer testing in primary care is not covered by standard indemnity arrangements, section 11 has been used to provide indemnity. Without this indemnity, this activity could not go ahead. NHSE/I’s contracts with independent sector providers for extra capacity are also indemnified using section 11 powers. These contracts are crucial for increasing NHS capacity. COVID-19 testing contracts, which underpin Pillar 2 of the testing programme, are also enabled by the measures.
14	NHS Continuing Healthcare assessments: England	Came into force on Royal Assent	The provisions allow the NHS the option not to comply with the requirement to carry out Continuing Healthcare (CHC)	Section 14 remains in force to support timely discharge from hospital and the effective prioritisation of NHS staff and resources. However, NHS CHC assessments were reintroduced from 1 September 2020 following the publication of Restart Guidance on 21 August 2020. Action is being taken to clear the backlog of deferred CHC assessments. As part of the £3 billion new funding announced for winter 2020/21 in July 2020, an extra £588 million was confirmed to
15, schedule 12	Local authority care and support	Section 15 (in relation to England) and Part 1 of schedule 12 came into force on 31 March 2020	The Care Act easements enable local authorities to continue to meet the most urgent and acute needs in the face of COVID-19 by relaxing some duties on local authorities, allowing them to streamline assessments and charge for care retrospectively.	Eight local authorities operated under easements between 3 April 2020 and 29 June 2020. As of 20 January 2021, no local authorities have operated under easements Since 29 June 2020. The sector is supportive of retaining the Care Act easements and the government considers retention a reasonable and proportionate response in light of increased
18, schedule 13	Registration of deaths and still-births etc	Came into force on 26 March 2020	This allows any registered doctor, who has a license to practice, to sign a Medical Certificate of Cause of Death (MCCD) irrespective of whether they were in medical attendance on the deceased during their last illness.	This easement has helped to ensure that Medical Certificates of Cause of Death (MCCD) continue to be issued in a timely manner; it allows another doctor to sign a MCCD when the attending doctor may not be available (due to illness, self-isolation or any other reason) , thus reducing the pressures placed on the health service. This modification is only used when an attending doctor is not available, in most cases the MCCD still being completed by the deceased’s own doctor. For registration purposes the easement has helped to reduce the footfall at register offices; by allowing deaths to be registered by telephone rather than face to face and by enabling the transmission of documents electronically rather than in person, benefiting the timely arrangement of funerals. This arrangement has additionally benefited the ongoing recovery of other registration services by enabling the COVID-secure accommodation that is available to be used for other services such as the registering of births where personal attendance is still required. The ability to register a death by telephone has also been widely welcomed, especially by the bereaved, as it enables them to make the necessary arrangements whilst remaining at home. The modifications to arrangements for the certification and registration of deaths have been vital in meeting the ever-increasing pressure placed on the NHS, the local registration service and the coronial service by the coronavirus. While the easements are continuing, the underpinning advice continues to be use only when and where needed.
19	Confirmatory medical certificate not required for cremations: England and Wales	Came into force on 26 March 2020	The measure removes the requirement for provision of a confirmatory medical certificate from a second medical practitioner, independent of the first, to accompany an application for cremation. The purpose is to: reduce demand on the medical profession at a time when they are managing a number of significant additional pressures arising from the pandemic; and support timely cremations during the excess deaths period, thereby reducing pressure on mortuary capacity.	This provision contributes to maintaining the throughput of cremations, as it removes from that process the time taken to allow for input from a second health professional. This is particularly important during the current period as excess deaths continue to rise (according to ONS provisional weekly deaths data, weekly deaths from all causes in England and Wales in November and December have been around 15-20% higher than the corresponding 5-year average), and seasonal factors, such as shorter daylight hours and poor weather, are placing additional pressure on the death management process. Confirmatory medical certificates are provided by medical practitioners in addition to their role as healthcare providers. The provision therefore continues to reduce demand on medical practitioners at a time when they are under significant additional pressures relating to COVID management, including the rollout of the vaccination programme. Medical practitioners not involved in the care of the deceased would otherwise be required to attend the deceased and consult medical records. The administration of the cremation process is one of a number of factors which impact on the timeliness of throughput between death and cremation, on which data is not centrally held. This provision applies to all cremations where the death has not been referred to the coroner. Data is not yet available on the number of cremations, or the number of referrals to the coroner, during the pandemic period. The provision operates alongside other easements in the CVA which are intended to support timely throughput, and to reduce pressure on providers, within the death management process.
22	Appointment of temporary Judicial Commissioners	Came into force on Royal Assent	This provision allows the Secretary of State, on a request from the Investigatory Powers Commissioner, to make Regulations to provide for temporary judicial commissioners (JCs) to be appointed by the Investigatory Powers Commissioner, in the event that there are insufficient JCs available to effectively fulfil their functions under the Investigatory Powers Act 2016. The Investigatory Powers Act 2016 is one of the critical pieces of domestic legislation for national security. It provides the statutory basis for the use of most investigatory powers by the intelligence and law enforcement agencies, using warrants issued under the act and approved by JCs. These warrants provide the agencies with the capability they need to protect national security and investigate and prevent serious crime. This provision therefore ensures the agencies are able to continue to operate fully during the pandemic.	The initial 6-month appointments for the temporary Judicial Commissioners have now come to an end (01/10/2020 for the first cadre and 06/10/2020 for the second) and there are no temporary JCs in post. However, it is vital that the relevant regulations remain in place should any temporary Judicial Commissioners need to be appointed in the coming months to consider investigatory powers warrants again if the pandemic affects the availability of the Judicial Commissioners to effectively carry out their functions. The measure has ensured the investigatory powers regime has been able to function fully during the pandemic. While this provision is not currently in use, the flexibility to use it again in the future is critical to protecting our national security and
23	Time limits in relation to urgent warrants etc under Investigatory Powers Act	Came into force on Royal Assent	It allows the Home Secretary, at the request of the Investigatory Powers Commissioner, to vary the time allowed for urgent warrants to be reviewed by a Judicial Commissioner and how long they can last before they need to be renewed. The maximum time allowed for a review and how long an urgent warrant is valid for after being approved by a JC may be increased to a maximum of 12 days (up from the current 3 and 5 days, respectively). The Investigatory Powers Commissioner may only request the Home Secretary to make these Regulations if he considers it necessary 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.	Urgent warrants are used when the agency considers that there is an imminent threat to life or serious harm, or that there is an intelligence or investigative opportunity with limited time to act. Therefore, maintaining flexibility in the urgent warrant procedure during these uncertain times is critical for the protection of national security and the prevention of serious crime. This measure has ensured the investigatory powers system has been able to function fully during the pandemic. We expect the Investigatory Powers Commissioner to report on the use of this provision in his 2020 annual report, usually published in the second half of the year.
24	Extension of time limits for retention of fingerprints and DNA profiles	Came into force on Royal Assent	This provision established a regulation-making power so that biometrics (fingerprints and DNA profiles) held for national security purposes can be retained for up to an additional 6 months beyond normal statutory retention deadlines.	This provision has successfully mitigated the risk of a critical national security capability being compromised because of the pandemic, including the risk of losing the biometrics of up to 150 individuals per month (many of whom could be subjects of national security interest). This power has only been applied where coronavirus restricts national security capabilities. It has supported the overall COVID-19 response by enabling the police to maintain business-as-usual in relation to the reviews of intelligence required to retain biometric data. Two SIs have been made under this section to allow biometrics to be retained for 6 months beyond normal statutory retention deadlines, both of which were approved by the independent Biometrics Commissioner: 1 April 2020 The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) Regulations 2020 (SI 2020/391) 10 September 2020 The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) (No 2) Regulations 2020 (SI 2020/973). (SI 2020/973) Counter-terrorism policing have confirmed that over 1,200 biometric samples have been in scope of the regulations. Many of these could be of national security importance and would have been lost without the legislation. This would have had a significant and long-lasting detrimental impact upon UK national security.
25	Power to require information relating to food supply chains	Not yet in force	The provision gives the appropriate authority the power to require information from persons within, or closely connected to, a food supply chain. The power can only be used in order to ascertain whether there is a food supply disruption (or threat of disruption), or the nature of such a disruption, and if the person has already refused to provide the information voluntarily.	Sections 25 to 29 have not been in force since the Act has been enacted into law. In order to respond effectively to potential food supply disruption, the government relies on information from industry. This allows government to develop a proportionate and effective response in collaboration with industry, with up-to-date and detailed knowledge of the situation within the sector. Intelligence from industry, for example, on the nature of disruptions and their impact, allows government to develop an overall assessment of the implications ‘on the ground’, which in turn informs the industry response as well as a proportionate and effective cross-government response. Defra works closely with members of the food supply chain to gather information during a food supply disruption on a voluntary basis. Whilst we expect that industry will continue to provide information to us on a voluntary basis, these provisions back up this arrangement and will not be activated unless there is a food supply disruption and industry stop complying with information requests. If this occurred, we would not be able to form an evidence-based view of impacts, which would leave us ill-equipped to respond effectively to any disruption. This is sensible contingency planning and it is right and proper for a responsible government to plan and prepare for every scenario. The food industry has been very supportive in sharing information voluntarily with the government, so we have not needed to bring these powers into effect to date. Defra had a daily data sharing agreement in place with major retailers from March until summer and re-instituted the agreement in autumn. Given the continuing COVID-19 restrictions, Defra foresees keeping the arrangement in place for the coming months.
26	Authorities which may require information	Not yet in force	The provision sets out which authorities may make a request under section 25; namely, the Secretary of State and equivalents in each of the Devolved Administrations.	As above (25)
27	Restrictions on use and disclosure of information	Not yet in force	The provision places restrictions on the use and disclosure of information gathered under the powers provided in section 25. The purpose of this clause is to ensure that information collected is appropriately protected.	As above (25)
28	Enforcement of requirement to provide information	Not yet in force	The provision sets out the circumstances in which this power can be enforced. The enforcement regime sets out the financial penalties for failing to comply with a request for information or for providing information which is false or misleading to a material extent. This regime allows government to impose a financial penalty of up to a maximum of 1% of qualifying turnover, following the precedent set by the Groceries Code Adjudicator (Permitted Maximum Financial Penalty) Order 2015. We have the flexibility to impose a lesser penalty if appropriate.	As above (25)
29	Meaning of ‘food supply chain’ and related expressions	Not yet in force	The provision sets out what is meant by the “food supply chain” and who may be required to provide information under these powers. The definition is intended to catch suppliers at every point along the food supply chain before food reaches consumers but ensures that individual farmers or sole traders are not covered by the provisions.	As above (25)
30	Suspension of requirement to hold inquests with jury: England and Wales	Came into force on Royal Assent	These provisions allow the majority of inquests involving COVID-19 to take place without a jury.	During the period of the pandemic, coroners have been significantly impacted by the lockdown restrictions in the conduct of all inquests which must be held in public, and a number of which must by law be held with a jury (such as non-natural deaths in custody). Many coroners across England and Wales have reported considerable difficulties in hearing jury inquests and non-jury complex inquests due to social distancing requirements and there are considerable backlogs in scheduling these inquests. In his guidance No. 39 to coroners on ‘Recovery from the COVID-19 Pandemic’ issued on 29 June 2020, the Chief Coroner stated that “returning to ‘business as normal’ would take some considerable time”, noting that going forward “Inquests with juries will pose particular challenges…”. Section 30 continues to be required at this review point as the requirement for additional jury inquests where COVID-19 is suspected would disproportionately add to the demand on local authority funded coroner services, adversely impacting their ability to operate during the current lockdown and exacerbating the existing backlog of jury inquests. These provisions will support efforts to keep coroner services functioning in light of continuing pressures. Were section 30 to be suspended or sunsetted, a spike in COVID-19 deaths, and any commensurate increase in the numbers of such deaths reported to the coroner, would have an immediate effect on the ability of coroner services to hold those inquests. It would also significantly undermine existing recovery plans by increasing the overall proportion of inquests requiring a jury do. In a steady state there are around 30,000 inquests of which between around 450 and 550 are held with a jury. We don’t have any further data on how section 30 has impacted the numbers currently as coroner statistics are collected annually and reported on in May.
37, schedule 16	Temporary closure of educational institutions and childcare premises	Came into force on Royal Assent	This provision gives powers to direct the temporary closure of a school, further or higher education institution, or registered childcare provider, or restrict access to them, where tests in the Coronavirus Act 2020 are met	The Secretary of State for Education has not used these powers to date. He has instead relied on guidance to limit attendance at education settings. On 6 January 2021, restrictions in a new national lockdown were implemented. Through guidance issued on 5 January 2021, the Secretary of State for Education requested education settings limit attendance to only allow vulnerable children, children of key workers and other priority groups to attend at this time. This is also the method by which attendance was limited during the first national lockdown in March 2020. The Secretary of State for Education does not have any effective alternative or quick acting legal powers whereby he can direct the temporary closure of educational and/or training institutions, and/or registered childcare premises.
38, schedule 17	Temporary continuity: education, training and childcare	Came into force on Royal Assent	Schedule 17 confers 2 main powers: a power to make a temporary continuity direction, and a power to issue a notice disapplying or modifying one or more of a set of enactments listed in the schedule.	Modification and disapplication notices To enable parents of non-priority children to keep their children at home as the government requested until at least February half term, a disapplication notice has been used to disapply offences relating to a parent’s failure to ensure their child regularly attends school (where the chid is a registered pupil). This was issued on 6 January 2021. In addition, 2 notices have continued to be issued on a monthly basis. A modification notice used to allow pupils to attend a different school to the one they are registered at without needing to be registered as pupils at their new temporary schools, helping schools to work together to provide education to vulnerable children and other priority groups in an area. A disapplication notice to alleviate pressure on state-funded schools by suspending routine Ofsted inspections and inspections of denominational education and collective worship. The 9th iterations of these notices were issued on 12 December 2020 ahead of January 2021 and new notices are likely to be issued in February. Temporary continuity directions The Secretary of State for Education also has the power to direct educational and training institutions, LAs and registered childcare providers in England, to take reasonable steps (which can be specified in the direction) in connection with the provision of education, training, childcare and other related matters where the tests in the Act are met. Local authorities can be authorised to issue directions in relation to registered childcare providers, schools and 16 to 19 academies in their areas. The Office for Students can be authorised to issue directions in relation to registered higher education providers. The Secretary of State for Education issued a temporary continuity direction on Monday 14 December to Greenwich council requiring the council to rescind its request to schools in Greenwich to close premises to pupils (with the exception of vulnerable children and children of key workers), and to move to remote education for the remainder of the term. The council was also required to send the ‘Schools Opening Requirement’ letter provided by the Secretary of State for Education to all headteachers in the borough. To date the Secretary of State for Education has issued 2 temporary continuity directions. To date, the power to amend by regulations what notices can be given has not been used by the Secretary of State for Education.
39	Statutory Sick Pay: funding of employers’ liabilities	Came into force on Royal Assent	This power allows for payments to be made to eligible employers to refund the costs of SSP paid for absences related to COVID-19, up to a certain amount. The provision supports employers with the cost of absences.	As part of the package of support measures for businesses affected by the pandemic, we announced the Coronavirus SSP Rebate Scheme. The scheme enabled small and medium-sized employers to recover the costs of paying coronavirus-related SSP. The rebate puts money back in the pockets of employers throughout the UK at time when they need it most and supports them to manage the costs of absences. The repayment covers up to 2 weeks of SSP per employee and is payable if an employee has coronavirus or is self-isolating in line with public health advice.
40	Statutory Sick Pay: power to disapply waiting period limitation	Came into force on Royal Assent	This power allows for the suspension of the waiting days’ rule for absences related to COVID-19. It means that SSP is payable from day one for employees who are unable to work as a result of COVID-19 and therefore provides additional support for impacted employees.	Regulations have been made to suspend the waiting days rule in coronavirus cases. This means that SSP is now payable from day one, 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. This continues to encourage employees to self-isolate from day one of their COVID-related absence. The regulations are: Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 (SI 2020/374) and Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) (No 2) Regulations 2020 (SI 2020/681)
41	Statutory Sick Pay: modification of regulation making powers	Came into force on Royal Assent	This power allows for regulations which provide for employees to be treated as incapable of work (and therefore eligible for SSP) to do so by reference to the latest guidance issued by the UK health authorities. This ensures that regulations can keep in step with the latest guidance, for example with new categories of employees who are required to self-isolate and as a result of being considered incapable of work.	This power was used in the Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 (SI 2020/374) 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. This measure continues to help ensure eligibility of SSP is extended in line with guidance issued by health authorities in the UK.
45	NHS pension schemes: suspension of restrictions on return to work: England and Wales	Came into force on Royal Assent	This provision suspended the 16-hour rule following retirement in the NHS Pension Scheme, as well as abatement for special class status holders and the requirement for draw down retirees to reduce their pensionable pay by 10%.	In the last 2 months, and in all months across the pandemic response, the pension rule suspensions have removed barriers to workforce capacity and allowed thousands of staff to either return to work after retirement or increase their working commitments. Suspending the 16-hour rule allows all staff who retire and immediately return to work to continue their working commitments without the need to reduce their hours in the first month following retirement. Suspending abatement for special class status allows staff with special class status, such as qualifying nurses, to return to work between the ages of 55 and 60 without having their pensions reduced. This means they can continue their pre-retirement working commitments and increase their hours if possible. The suspension of abatement for draw-down members means that members who claim a portion of their pension benefits and continue working no longer need to reduce their pensionable pay by 10%. These measures have allowed thousands of previously retired staff to return to work. They have also allowed retired staff who had already returned to work to increase their commitments without fear of having their pension benefits reduced. The provisions remain proportionate to their initial aim as they remove barriers that would otherwise prevent staff from performing additional work. The suspensions create no additional costs for employers and provide staff with the opportunity to return to work or increase their working commitments. Since the call out in March, thousands of staff have returned to NHS service. Amongst these numbers, some returning retired staff have benefitted from the lifting of rules in the NHS Pension Scheme. All staff who return to work immediately after retirement from the 1995 section will benefit from the suspension of the 16-hour rule. Nursing staff who have retired from the 1995 section with special class status will benefit from the suspension of special class abatement if they return to work between the age of 55 and 60. In 2020, 25% of retired staff returned to work within one month of retiring, which is the highest percentage of returning staff in each of the last 5 years. Staff who returned to work also re-joined with a higher average FTE (0.55) than in each of the previous 5 years (average 0.47 FTE). This results in returning staff working around an extra half a day per week.
50, schedule 20	Power to suspend port operations	Came into force on Royal Assent	The purpose of these powers is to ensure that we can continue to protect the border in the event that, due to coronavirus, there are insufficient officers to maintain adequate border security. The powers enable the Secretary of State to direct a port operator in the UK to suspend relevant operations and to issue consequential directions to other parties if the Secretary of State considers it appropriate in connection with the primary direction.	Since introduction, there have been no circumstances where Border Force resource levels have been depleted due to COVID-19 such that it has been necessary to close or suspend port operations to protect the security of the border. Consequently, there have been no situations where the Secretary of State has needed to issue a direction under this schedule.
51, schedule 21	Powers relating to potentially infectious persons	Came into force on Royal Assent	Provides Public Health Officers (PHO), who are public health professionals designated for these purposes by the Secretary of State or relevant DA ministers in the devolved administrations, with powers to control the spread of coronavirus in the UK. It includes powers to require a person to undergo screening and assessment for COVID-19 and for a public health officer to impose restrictions and requirements, such as travel restrictions or isolation where necessary and proportionate. These provisions also give powers to constables to support and enforce these public health measures. These provisions also enable constables and immigration officers to support PHOs in exercising their functions where necessary and proportionate.	Under the Act, the powers under the schedule for Potentially Infectious Persons are essential to controlling and containing the virus in the long term. As of 25 January, PHO powers have been used 10 times. The powers have not been used by police or immigration officers. The schedule 21 powers are important for controlling and containing the virus, and are applicable to all potentially infectious persons, not only international travellers. They are part of a suite of powers to support a range of strategic responses throughout the lifecycle of the pandemic and, ensures the risk of onward transmission is immediately minimised, until longer term pandemic control is achieved sustainably both in the UK and internationally.
52, schedule 22	Powers to issue directions relating to events, gatherings and premises	Came into force on Royal Assent	These provisions give the Secretary of State the power to prohibit or restrict events and gatherings, and to close premises, if the public health situation deems it necessary.	This streamlines existing legislation in England and Wales, to ensure that powers to prevent events or gatherings can be deployed as quickly as possible in the event this is justified by the evidence. It also extends the power to Scotland and Northern Ireland too, where there is no equivalent legislation. The government has not exercised the powers conferred through this provision in England. The recent ‘social distancing’ regulations The Health Protection (Coronavirus, Restrictions) (No. 3) and (All Tiers) (England) (Amendment) Regulations 2021 and all previous ‘social distancing’ regulations, have been made under the Public Health (Control of Disease) Act 1984 to restrict gatherings.
53, schedule 23	Expansion of availability of live links in criminal proceedings	Came into force on Royal Assent	Sections 53 to 56 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, such as enabling the public to observe fully video or audio hearings in all court and tribunal proceedings.	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. They remain critical to the continued safe operation of courts and tribunals, particularly in light of the Prime Minister’s announcement of a third lockdown in England on 4 January 2021. The Lord Chief Justice’s statement of 5 January strengthened his message to the judiciary that remote attendance at hearings should be used as far as possible, with no participant in proceedings required to attend unless wholly necessary in the interests of justice. The installation of cloud video platform in courts means meeting rooms can function as virtual equivalents to the courtroom – we now have sufficient capacity to provide a virtual equivalent to every courtroom in our estate. Take-up of remote technology has considerably increased, since the pandemic began, and there are significant numbers of hearings taking place using CVP in some form, up to approximately 20,000 per month. By reducing public attendance at courts and tribunal centres, remote participation in hearings has increased safety for staff and judges, reducing rates of non-attendance due to COVID-19 and enabling safe options for physical attendance at court where that is required by the judge.
54, schedule 24	Expansion of availability of live links in other criminal hearings	Came into force on Royal Assent	As above (53, schedule 23)	As above (53, schedule 23)
55, schedule 25	Public participation in proceedings conducted by video or audio	Came into force on Royal Assent	As above (53, schedule 23)	As above (53, schedule 23)
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	As above (53, schedule 23)	As above (53, schedule 23)
58, schedule 28	Powers in relation to transportation, storage and disposal of dead bodies and so on	Came into force on Royal Assent	Under the provisions, a local authority may require a person (for example, funeral director, crematoria and so on) to provide information for the purposes of ascertaining the capacity within its area to deal with the transportation, storage, or disposal of dead bodies or other human remains.	Only part 1 (information-requiring powers) provisions have been used to assist in data collection covering such issues as body storage capacity, staff absences, and the number of burials and cremations undertaken. Information is reviewed on a regular basis and allows both local authorities and the government to develop a fuller understanding of where pressures are occurring in the system and allows for targeted intervention to support existing processes or boost capacity. Local resilience forums (LRFs) report weekly to the government on local capacity and usage in their death management system to inform the government’s policy and operational decisions around death management. Local authorities are not required to inform the government if they have used the part 1 powers to obtain this information; however we are aware of areas such as London and Lincolnshire that have fallen back on the explicit use of these powers where voluntary engagement with the sector has proved inadequate. The part 2 (powers of direction) have not been used. 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. Local authorities have reported that the information-requiring provisions help them to understand the capacity of the death management system in their area so that they can prepare accordingly.
59	Elections and referendums due to be held in England in period after 15 March 2020	Came into force on Royal Assent	These provisions allowed for the postponement of Police and Crime Commissioner and local elections which were scheduled to take place on 7 May 2020 and local by-elections, local referendums and other polls and recall petitions due to take place after 15 March 2020. They also give powers to make associated orders (such as what happened to any postal votes completed and returned prior to postponement for by-elections already in train).	The impact of this provision was to allow returning officers and others responsible for the running of polls to postpone any local authority by-elections (for example council parish, mayoral) and local referendums (for example neighbourhood planning) which were ongoing within a period of 30 days from 15 March 2020 should they choose, by removing the statutory duty to do so from them. The provision came into force on Royal Assent and most of such polls were postponed to 6 May 2021 consequently. This provision enabled returning officers to avoid running polls at a time when the pandemic was developing in the UK. The use of polling stations and related activity would have increased the spread of the virus. This allowed staff to be readily re-deployed to other duties to support the response to the pandemic. This provision has supported the aim of protecting public health by containing and slowing the spread of the virus.
60	Postponement of elections due to be held on 7 May 2020	Came into force on Royal Assent	As above (59)	As above (59)
61	Power to postpone certain other elections and referendums	Came into force on Royal Assent	As above (59)	As above (59)
62	Power to postpone a recall petition under the Recall of MPs Act 2015	Came into force on Royal Assent	The impact of this provision is, if one of the conditions in the Recall of MPs Act 2015 is engaged and a recall petition must be opened, the duty on the Petition Officer (to make a petition available 10 working days after receiving notice of this duty from the Speaker of the House of Commons) shall not apply. This means when notice of a recall petition is given between the date the Coronavirus Act received Royal Assent and 21 April 2021, the Petition Officer can postpone the organisation of this petition. Under the Coronavirus Act, any postponed recall petition must be made available for signing no later than 6 May 2021	Since the Coronavirus Act came into force, there have been no recall petitions triggered. Had there been a duty on a Petition Officer to organise a recall petition, the possibility to defer the petition would have allowed for the electorate in that constituency to make their views known (i.e. by attending a petition signing station) at a later date without having to act in a way contrary to the public health guidance. It has contributed to allowing staff to be freed up from being on standby for any electoral event during the period until 6 May 2021 and to be readily re-deployed to other duties to support the response to the pandemic.
63	Power to make supplementary and so on provision	Came into force on Royal Assent	The impact of this provision was to allow for further provisions to be made in secondary legislation to support the postponement of polls and deal with ancillary and related matters such as how the position of candidates was to be addressed and any postal votes already received were to be dealt with.	One SI was made on 3 April 2020: The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020, SI 2020/395.. One SI was made on 15 April 2020: The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (SI 2020/426) which ensure that local government reorganisation in Buckinghamshire and Northamptonshire, which had been dependant on local elections taking place throughout those areas in May 2020, is still implemented, ensuring continued effective delivery of local public services in those areas. Another SI was made on 1 September 2020: Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020 (SI 2020/926) which deals with various matters relating to polls where the electoral timetable had started so that the candidate position, their expenditure and how paperwork from the poll, including postal votes, are addressed. This has supported the benefits brought about by the postponement of the polls which have supported the aim of protecting public health by containing and slowing the spread of the virus. No SIs have been made over the latest reported period on this matter.
71	Signatures of Treasury Commissioners	Came into force on Royal Assent	To ensure that the Treasury can transact its business at all times, this clause means that during a COVID-19 emergency period where any instrument or act is required to be signed by the Commissioners of Her Majesty’s Treasury it will be possible for a single Commissioner or a single Treasury Minister to sign instruments and act on behalf of the Commissioners.	The directions that have been made conferring functions on HMRC have been made pursuant to sections 71 and 76 of the Coronavirus Act 2020. This includes the directions made by the Chancellor in relation to Coronavirus Job Retention Scheme, Self-Employed Income Support Scheme and the Eat Out to Help Out Scheme. The Coronavirus Job Retention Scheme (CJRS) has been extended until the end of April 2021. This provides a substantial grant for employers to cover 80% of the wages of their employees. As of 13 December, CJRS has supported 9.9 million jobs at the cost of roughly £46.4bn. In line with the extension to the CJRS, the government recently announced an extension to the Self-Employment Income Support Scheme (SEISS) until April 2021, to support self-employed individuals, across the UK, whose businesses have been adversely impacted by COVID-19. SEISS provides taxable grants and is one of the most generous self-employed support schemes in response to COVID-19 in the world. So far SEISS has seen 2.7 million individuals make claims under the scheme totalling £18.5bn across all 3 grants. HMRC statistics on the take-up of SEISS and CJRS has been published.
72	Power under section 143 of the Social Security Administration Act 1992	Came into force on Royal Assent	The temporary powers contained in section 72 and 73 enable the government to make time-limited reductions to the rates at which National Insurance Contributions (NICs) are deducted (lowering them would reduce the amount of NICs paid) for employers, employees or self-employed workers.	The government is providing a wide range of support to businesses and employers and therefore there has not been a requirement to use this power yet. However, the flexibility to provide additional support quickly to employers remains important.
73	Power under the section 145 of the Social Security Administration Act 1992	Came into force on Royal Assent	The temporary powers contained in section 72 and 73 enable the government to make time-limited reductions to the rates at which National Insurance Contributions (NICs) are deducted (lowering them would reduce the amount of NICs paid) for employers, employees or self-employed workers.	The government is providing a wide range of support to businesses and employers and therefore there has been no need to use this power. However, the flexibility to adapt to the latest economic position and assist employers remains important.
74	Power under section 5 of the National Insurance Contributions Act 2015	Came into force on Royal Assent	This power temporarily amends section 5 National Insurance Contributions Act 2014. This allows the government to increase the Employment Allowance and/or vary any of the eligibility criteria in order to provide flexibility to respond the economic situation and assist employers.	The government is providing a wide range of support to businesses and employers and therefore there has been no need to use this power. However, the flexibility to adapt to the latest economic position and assist employers remains important.
75	Disapplication of limit under section 8 of the Industrial Development Act 1982	Came into force on Royal Assent	The Industrial Development Act 1982 is the principle general power for the Secretary of State to give financial assistance to industry. The provision of financial assistance to business under the Act is subject to certain conditions, including an overall limit on the total amount of financial assistance that can be provided to business under section 8. Section 75 ensures that financial assistance provided to business under section 8 does not count towards that overall limit, where that assistance is related to coronavirus. This means necessary support to UK business can continue to be provided under the Act in relation to coronavirus.	This section facilitates the continued provision of much-needed financial support to businesses impacted by COVID. The provision remains in use, for example in relation to the Coronavirus Business Interruption Loan Scheme and remains necessary. A separate requirement to report to Parliament in relation to the use of section 75 is set out in that section and the next report to Parliament under this section will be submitted in due course. The provision remains active and is necessary as businesses continue to be affected by the pandemic and require some financial support.
76	HMRC functions	Came into force on Royal Assent	Provides that HMRC are to have such functions as HMT direct in relation to coronavirus and coronavirus disease.	The Treasury has used this power to direct HMRC to have new functions in respect of the payment and management of amounts in respect of the Coronavirus Job Retention Scheme (CJRS), the Self-Employed Income Support Scheme (SEISS) and the Eat Out to Help Out Scheme. (See Section 71 for information on take up of CJRS and SEISS.) It is not yet known whether there will be further peaks/outbreaks of the virus. The power needs to be retained to support the government’s ability to manage responses to the ongoing pandemic.
77	Up-rating of working tax credit and so on	Came into force on Royal Assent	This power allows for the rate of working tax credits to be increased.	The basic element of Working Tax Credit was increased by an additional £1,045 a year above the rate of £1,995 previously announced in a Written Ministerial Statement on 4 November 2019 (HCWS75), to £3,040 a year for 2020/2021. The increased rate has been in payment since 6 April 2020 and is due to end on 5 April 2021. The above inflation increase to the Working Tax Credit basic element has provided additional financial support to working households during the pandemic. The measure has supported some 1.7 million low income households receiving Working Tax Credit who have benefited by an extra £1,045 per household per year, equal to up to £20 extra per week, in 2020/21. The government introduced a corresponding increase, under separate legislation, of £20 extra a week for the 2020/21 tax year, to the rate of the Universal Credit standard allowance. The provision also allowed HMT Ministers and the Secretary of State for Work and Pensions to disregard these increases when they conducted their annual reviews of benefit rates in advance of the 2021/22 tax year.
78	Local authority meetings	Came into force on Royal Assent	Enables all local authority meetings to be held remotely, including allowing remote access by members of the public, and removal of the requirement for local authorities to hold a 2020 annual meeting.	Local authorities continue to rely on the remote meetings regulations section 78 to conduct essential business whilst protecting the health and safety of their members, officers and the public. Remote meetings have enabled local authorities to continue to conduct business whilst upholding democratic principles and ensure their members (45% over 65 and many 70 plus) can act in accordance with health guidance. Local authorities have welcomed the flexibility to meet remotely. The sector has been lobbying MHCLG ministers to have the ability to continue to meet remotely or in hybrid form beyond the current sunset clause (7 May 2021 – section 78 (3)) anticipating the likelihood of a continuing need to do so. The current regulations which were made under section 78 do not preclude physical meetings if it is safe to hold them and public health guidance allows, but crucially they give local authorities the certainty that they can legally hold remote meetings to conduct essential business either via fully remote or hybrid meetings according to local or national prevailing conditions and needs. All local authorities have been able to conduct meetings remotely since 4 April 2020. Financial support has not necessary or been provided to enable them to do this, but practical advice and guidance to support local authorities manage remote meetings has been provided by an advice hub on the LGA website.
79	Extension of Business Improvement Districts (BID) arrangements: England	Came into force on Royal Assent	This provision was introduced as there was an increased risk for Business Improvement Districts (BIDs), which are local business partnerships that are established through voting of local businesses, that were going to (re-)ballot during the current crisis. The risk was that they would not be successful, as businesses were concerned about the economic impact, and would be unwilling to engage and pay their respective BID levy at a time that they are at increased risk of administration or insolvency. The objective of this measure was to provide clarity for BIDs and business communities at a disruptive time and give comparable provision to the delay introduced for local government elections.	Clause 79 enables BIDs to extend the maximum duration of their BID arrangements until 31 March 2021, by delaying BID ballots. It delays BIDs’ ballots between now and 31 December 2020 by extending the BID arrangements until 31 March 2021, allowing businesses to focus on recovery from economic shock before deciding whether to participate in BID arrangements for the following 5-year period. This allows BIDs to coordinate their places’ recovery following the first lockdown of 2020. In March 2020, we identified at least 12 BID areas in England that have been directly affected by the ability to postpone ballots. This represents around 5% of BIDs in England, with strong regional spread across England. We were aware up to 70 BIDs due to ballot last year.  This 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. Local authorities and BID bodies have revised their ballot and billing arrangements to take account of the legislative changes. We are currently aware of 13 BIDs that have successfully balloted since March 2020 following the introduction of the provisions, and a further 43 BIDs due to ballot before the provisions expire on 31 March 2021. It is a proportionate response which balanced the need to address the immediate crisis while also ensuring businesses were not denied the right to vote in these ballots for an extended period. During June 2020 the government distributed more than £5.5m to support the BID bodies for all 260 BIDs in England with their core operational costs.  This funding was delivered through 140 local authorities and was based on a fair percentage of a BID’s levy income from each BID’s operating year ending in 2019/20. Many BID bodies are also eligible for the Additional Restrictions Grant funding, as funding can be provided to Business Improvement Districts (BIDs) bodies to support them with the shortfall in their levy income, provided that the BID body is not the local authority, or a company under the control of the local authority.
81, schedule 29	Residential tenancies in England and Wales: protection from eviction	Came into force on Royal Assent	These measures protect renters in the private and social rented sectors from eviction by requiring landlords to provide a longer period of notice when seeking possession of the property, in almost all circumstances. From 26 March to 28 August 2020, landlords were required to provide 3 months’ notice. Since 29 August, this requirement has been 6 months apart from the most egregious cases.	These measures require landlords to provide tenants with a longer period of notice when serving a notice of their intention to seek possession in most cases. This gives tenants more time before the landlord is able to bring possession proceedings and thus delays the point at which the tenant may be required to leave their home. This provides more time for tenants to seek to resolve the issue or find alternative accommodation. This has supported tenants in allowing them to remain in their homes for longer or to have more time to make alternative arrangements safely – thereby reducing the risk of transmission that arises from movement and homelessness. It has also correspondingly helped to mitigate pressures on essential public services. These measures apply to most renters in the private and social sectors, covering 8.4 million households, and has applied to most types of notice. The government doesn’t collect data on the number of notices served, as landlords are not required to report this information. However, data from HM Courts & Tribunal Service showed that between July to September 2020, possession cases in county courts were down 86% on the previous year and no repossession activity by bailiffs was recorded. Whilst this is in large part a reflection that possession cases were stayed in courts for this period, it also demonstrates that landlords were not able to progress cases to court as quickly as they have been previously, helping ensure that tenants are able to remain in their homes. Section 81, schedule 29 has been in force since the Act’s introduction in March 2020, as it remains an important part of the government’s broader package of measures to support landlords and tenants during the pandemic with some limited exceptions. In recognition of the changing circumstances, the government laid an SI in August 2020 that lengthened notice periods from the 3 months originally required by the Act to 6 months in all but the most egregious cases. The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (SI 2020/914). . The government has continually reviewed the public health advice and balanced the impact of these measures on tenants and landlords. In addition to lengthening the standard amount of notice required to 6 months, the government also recognised that there are some circumstances where the impact on the landlord, other tenants or the local community is severe enough that it has become important that cases can be progressed quicker again. Notice periods for the most serious cases were lowered from 29 August, including for anti-social behaviour, domestic abuse in certain circumstances in the social sector, fraud, serious rent arrears (over 6 months is due), where the tenant has passed away or the tenant doesn’t have the right to rent under immigration legislation. The SI in August therefore suspended a number of provisions of schedule 29 to achieve the effect that the notice period for certain anti-social behaviour grounds reverted to their pre-Coronavirus Act position. In addition, for technical reasons, paragraph 12(2) relating to the modification of a form of notice under section 21 of the Housing Act 1988 was suspended by a separate SI that came into force on 2nd September, and a new form reflecting the Coronavirus Act modifications was put in place under Housing Act powers. These measures are in force until at least 31 March 2021, as they will continue to provide renters with a proportionate level of support, most recently during the national lockdown restrictions implemented on 6 January 2021. This has ensured that tenants served notice in December and January, during the height of Winter, won’t have to leave their homes or go to court until June at the earliest. The government will carefully consider whether the measures should be extended beyond the end of March 2021, in response to public health requirements at the time.
82	Business tenancies in England and Wales: protection from forfeiture and so on	Came into force on Royal Assent	The objective of the policy is to protect commercial tenants who are experiencing limited or negligible cashflow due to the current situation, who would otherwise be subject to forfeiture of their lease, allowing landlords to take action to end the tenancy.	Protecting commercial tenants from forfeiture is in line with the government’s objective to minimise the potential impact of the coronavirus crisis on society and the UK economy. This extension will help provide businesses and employees, particularly in vital high street businesses such as those in the hospitality sector, with certainty that they cannot be evicted if they are struggling to pay rent following the November lockdown. We recognise the impact that this extension has on landlords and lenders, therefore government is being clear that this is the final extension to this temporary measure. This extension gives landlords and tenants time and space to agree reasonable adjustments to rent and lease terms, including terms for the payment of accumulated rent arrears. The provision is proportionate. It delays putting the right of forfeiture into effect for the relevant period; it does not waive landlords’ rights of forfeiture, which can be put into effect at the end of that period if needed, and landlords are not required to forgo rent. It complements the voluntary Code of Practice published on 19 June, providing guidance for tenants and landlords on how to negotiate on issues facing the sector at present. The government plans to publish additional guidance to support commercial landlords and tenants reach agreements of outstanding rent arrears. The measure encourages commercial landlords and tenants to negotiate rent payments, whilst raising the expectation that landlords (and their lenders) should show forbearance. It therefore complements the medium- to long-term economic recovery by preventing a sharp fall in the commercial property markets by delaying the crystallisation of loss. While the government does not have centrally collected data on the precise numbers of tenants and businesses that have used the provision, recent data published (13 January 2021) by Remit Consulting for the commercial property sector indicates that there is a £4.2 billion shortfall in rent collection since March 2020. Commercial rents are paid quarterly in advance, with the 2020 second quarter’s rent due on 25 March, shortly before the Act received Royal Assent. Subsequent quarter dates fell in June, September and December. Rates of rent collection across the property market were down compared to last year, with the lowest collection rates in sectors that have been unable to operate, or have limited operations, due to closures, including retail, hospitality and leisure. Data for the December 2020 quarter date the indicates that 59.5% of rent was collected within 7 days of the due date. This compares to 56.9% collected within 7 days of the March 2020 quarter day, and 79% on March quarter day 2019. Rent collected within 90 days of the September 2020 quarter, is currently 20% down on 2019 figures, at 79.1%. Hospitality and leisure have been particularly affected by the closure measures with pubs, bars and restaurants rent collection at 36.2% within 90 days of the September 2020 quarter date. It complements other government measures to support businesses, which would otherwise be viable, to weather the crisis. These include fiscal support: the Coronavirus Job Retention Scheme, business loan and grant schemes and the business rates holiday for retail, hospitality and leisure businesses. It also complements the new Corporate Insolvency and Governance Act, which introduces new corporate restructuring tools to give companies the breathing space and tools required to maximise their chance of survival, as well as secondary legislation introduced by the Ministry of Justice to further temporarily protect commercial tenants from different forms of debt recovery. These comments are made in relation to the legal and policy position in England. To note, the Welsh Ministers have made their own regulations in this area, most recently the Business Tenancies (Extension of Protection from Forfeiture etc.) (Wales) (Coronavirus) (No. 3) Regulations 2020.

Changes to status during reporting period

Section (and relevant schedule number where applicable)	Measure	Type of change	Details of change	Secondary legislation making the change
Section 10 (1) and parts 1 and 2 of schedule 8 Parts 5, 6, 7 and 8 of schedule 8	Temporary modification of mental health and mental capacity legislation	Expired	The early sunsetting of these provisions was made on 8 December 2020 and came into force on 9 December 2020.	The Coronavirus Act 2020 (Expiry of Mental Health Provisions) (England and Wales) Regulations 2020 (SI 2020/1467)

Changes to status since enactment of the Act

Mental health and mental capacity

Section (and relevant schedule number where applicable)	Measure	Type of change	Details of change	Secondary legislation making the change
Section 10, (and relevant schedule number where applicable)	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)
schedule 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 now expired in relation to England.	The Coronavirus Act 2020 (Commencement No. 1) (Wales) Regulations 2020 (SI 2020/366)
schedule 10	Temporary modification of mental health and mental capacity legislation	Commencement under section 87(2)	schedule 10 came into force on 2 April 2020 in Northern Ireland.	The Coronavirus Act 2020 (Commencement No.1) Order (Northern Ireland) 2020 (SI 2020/58)
schedule 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)
Section 10 (1) and parts 1 and 2 of schedule 8 Parts 5, 6, 7 and 8 of schedule 8	Temporary modification of mental health and mental capacity legislation	Expired	The early sunsetting of these provisions was made on 8 December 2020 and came into force 9 December 2020.	The Coronavirus Act 2020 (Expiry of Mental Health Provisions) (England and Wales) Regulations 2020 (SI 2020/1467)

NHS and local authority care and support

Section (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 still births

Section (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)