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Emergency Powers (Prohibitions on Movement) Regulations 2020 Index

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Emergency Powers (Prohibitions on Movement) Regulations 2020 Index Emergency Powers (Prohibitions on Movement) Regulations 2020 Index c EMERGENCY POWERS (PROHIBITIONS ON MOVEMENT) REGULATIONS 2020 Index Regulation Page 1 Title ................................................................................................................................... 3 2 Commencement .............................................................................................................. 3 3 Interpretation ................................................................................................................... 3 4 Prohibition on movement .............................................................................................. 5 5 Exceptions from regulation 4: general ......................................................................... 5 6 Hotels, hostels etc ......................................................................................................... 10 7 Offences .......................................................................................................................... 10 8 Enforcement ................................................................................................................... 11 9 Revocation ..................................................................................................................... 11 SCHEDULE 13 ESSENTIAL SERVICES 13 ENDNOTES 16 TABLE OF ENDNOTE REFERENCES 16 c SD No.2020/0201 Page 1 Emergency Powers (Prohibitions on Movement) Regulations 2020 Regulation 1 Statutory Document No. 2020/0201 c Emergency Powers Act 1936 EMERGENCY POWERS (PROHIBITIONS ON MOVEMENT) REGULATIONS 20201 Laid before Tynwald: 31 March 2020 Approved by Tynwald: 31 March 2020 Coming into operation in accordance with regulation 2 The Governor in Council, by Order1, makes the following Regulations under section 4 of the Emergency Powers Act 1936. 1 Title These Regulations are the Emergency Powers (Prohibitions on Movement) Regulations 2020. 2 Commencement These Regulations come into operation at 12.01 a.m. on 27th March 20202. 3 Interpretation In these Regulations— “appropriate social distancing” means that persons other than persons from the same household are at least 2 metres apart from each other;2 “asymptomatic” means not displaying or suffering from any of the symptoms of Coronavirus (and “symptomatic” is to be construed accordingly); “Coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS- CoV2); “the Coronavirus Proclamation period” means the period for which the following proclamations are in operation — 1 Section 4(1) specifies that “Where a proclamation of emergency has been made, and so long as such proclamation is in force, it shall be lawful for the Governor in Council, by Order, to make regulations …”. 2 By virtue of section 4(2) of the Emergency Powers Act 1936, the Regulations made under this Order must be laid before Tynwald within 7 days of being made and only continue in force beyond 7 days of being so laid if Tynwald passes a resolution to that effect. c SD No.2020/0201 Page 3 Regulation 3 Emergency Powers (Prohibitions on Movement) Regulations 2020 (a) the Proclamation of Emergency dated 16 March 20203; and (b) all subsequent consecutive Proclamations of Emergency that relate to the pandemic of Coronavirus (also known as COVID-19);3 “court” means any court in the Island of competent jurisdiction;4 “emergency or necessary voluntary service” means a service provided by— (a) the Isle of Man Constabulary; (b) the Isle of Man Fire and Rescue Service; (c) the Isle of Man Ambulance Service; (d) the St. John Ambulance Brigade; (e) the Red Cross; (f) the Royal National Lifeboat Institution; (g) the Royal Voluntary Service4; (h) the Isle of Man Coastguard;5 (i) the Isle of Man Civil Defence Corps;6 “exempt person” means a person who is so designated by an instrument in writing under the hand of the Chief Secretary; “leisure activities” — (a) does not include the participation in a sporting activity with persons who are not in the household of the person; but (b) includes — (i) visiting a friend or family member provided that a person does so in accordance with a direction made under the Emergency Powers (Coronavirus) (Events and Gatherings) Regulations 20205; and (ii) an activity in a vessel (within the meaning of section 83(1) of the Harbours Act 2010) provided that in the case of a pleasure craft (as defined in that section), a person undertakes the activity in accordance with any guidance issued by the Department of Infrastructure for this purpose and which is published on www.gov.im;7 “home” means a person’s ordinary place of residence, and in the case of a child whose parents are separated or divorced includes both of their homes; “taxi” includes a passenger vehicle used for carrying passengers for hire or reward within the meaning of the Road Transport Act 2001.8 3 SD 2020/0162 4 Formerly the Women’s Royal Voluntary Service. 5 SD 2020/0185 Page 4 SD No.2020/0201 c Emergency Powers (Prohibitions on Movement) Regulations 2020 Regulation 4 4 Prohibition on movement No person, other than an exempt person, may leave his or her ordinary place of residence except in accordance with these Regulations (see, in particular, regulations 5 and 6 and the Schedule). 5 Exceptions from regulation 4: general (1) A person may leave his or her ordinary place of residence, if he or she is asymptomatic,— (a) to provide or participate in the provision of an emergency or necessary voluntary service; (b) to undertake shopping, including food and medicine;9 (ba) in order to take waste or recyclable produce to a civic amenity site or other facilities for the collection of recyclable products;10 (c) in order to undertake exercise or a leisure activity;11 (d) in order to address any medical need of the person or a member of his or her household; (e) in order to care for a child or an adult who would otherwise suffer avoidable harm; (f) in order to accompany a child to the child’s parent (or to a person who has parental responsibility for the child) in a case where the child does not live in the same household as his or her parents, or one of them, to enable the parent to continue existing arrangements for access to, and contact between the child and the parent;12 (fa) in order to provide assistance to a member of the person’s immediate family, provided that the person must not enter the property of that other family member;13 (g) in order to attend a funeral or to visit a grave;14 (ga) in order to attend a wedding and in order to undertake preparatory activities in connection with a wedding, provided that a person who does so complies with a direction under the Emergency Powers (Coronavirus) (Events and Gatherings) Regulations 20206 and observes appropriate social distancing;15 (h) as a tradesperson carrying out work in or about the home of another person (“P”), providing that — (i) appropriate social distancing is observed between the person, P and any member of P’s household; and (ii) if P or any member of P’s household is symptomatic, the works being undertaken are required to be undertaken immediately to preserve life or property; 6 SD 2020/0185 c SD No.2020/0201 Page 5 Regulation 5 Emergency Powers (Prohibitions on Movement) Regulations 2020 (i) for the purposes of his or her office, employment or vocation provided that— (i) his or her place of work is not closed by virtue of the Emergency Powers (Coronavirus) (Closure of Businesses and Other Premises) Regulations 2020;16 (ii) his or her attendance at his place of work is necessary for the proper performance or his or her office, employment or vocation; and (iii) in the case of an employment in a business (including the business of government) no more persons are present at any one time than is necessary for the effective operation of the business on a sustained basis;17 (j) in order to perform the duties of his or her office or employment in the provision of an essential service; (k) to move to a new residence (freehold or leasehold);18 (l) to move to other accommodation on a temporary basis for the purposes of compliance with regulations made under the Emergency Powers Act 1936, social distancing, self-isolation, shielding or any other such measure required, or advised, by a Department or any appropriate professional body in connection with the Coronavirus pandemic;19 (m) in order to appear at a hearing at court which the person is required to attend, whether as a party or a witness;20 (n) in order to comply with a requirement of the person’s bail;21 (o) in order attend a police station;22 (p) in order to enable the person — (i) to attend premises from which the person is produced at court (via live link, in accordance with the Emergency Powers (Coronavirus) (Courts etc) Regulations 20203); or (ii) to take a juvenile to premises from which the juvenile is so produced;23 (q) in order to take and collect the person’s pet dog to and from dog day care or grooming facilities;24 (r) in order to take and collect the person’s child to and from — (i) the premises of a person providing education or childcare to whom paragraph 2 of the Schedule applies; or (ii) the residence of a family member who will care for the child, in order enable the person to perform the duties of his or her office or employment;25 Page 6 SD No.2020/0201 c Emergency Powers (Prohibitions on Movement) Regulations 2020 Regulation 5 (s) in the case of a student, to attend the premises of a person providing education to whom paragraph 2 of the Schedule applies;26 (t) in the case of a general aviation
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