Legalize / United Kingdom / Public General Act

Coronavirus Act 2020

Type Public General Act

Publication 2020-03-25

Last updated 2025-09-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 2

Reform history JSON API

(6) The condition is that, so far as it extends to England and Wales and applies to Wales, the provision would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(7) If the condition in subsection (8) is met, the Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the expiry in relation to Scotland of any provision of this Act.

(8) The condition is that, so far as it extends to Scotland, the provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(9) If the condition in subsection (10) is met, a Northern Ireland department may by order make transitional, transitory or saving provision in connection with the expiry in relation to Northern Ireland of any provision of this Act.

(10) The condition is that the provision, so far as it extends to Northern Ireland—

(a) would be within the legislative competence of the Northern Ireland Assembly, and

(b) would not require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

(11) The power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(12) The power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

Power to alter expiry date

90

(1) A relevant national authority may by regulations provide that any provision of this Act—

(a) does not expire at the time when it would otherwise expire (whether by virtue of section 89 or previous regulations under this subsection or subsection (2)), and

(b) expires instead at such earlier time as is specified in the regulations.

(2) A relevant national authority may by regulations provide that any provision of this Act—

(a) does not expire at the time when it would otherwise expire (whether by virtue of section 89 or previous regulations under this subsection or subsection (1)), and

(b) expires instead at such later time as is specified in the regulations.

(3) A time specified under subsection (2) in relation to a provision of this Act must not be later than the end of the period of 6 months beginning with the time when the provision would otherwise have expired (whether by virtue of section 89 or previous regulations under subsection (1) or (2)).

(4) Regulations under this section—

(a) may make different provision for different purposes or areas;

(b) may make transitional, transitory or saving provision.

(5) In this section “relevant national authority” means a Minister of the Crown, subject as follows.

(6) In the case of regulations under this section which could also be made by an authority by virtue of subsection (7), (9) or (11), a Minister of the Crown may not make the regulations without the authority's consent.

(7) The Welsh Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a) it extends to England and Wales and applies in relation to Wales, and

(b) so far as it so extends and applies, it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(8) The power of the Welsh Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to England and Wales and applies in relation to Wales.

(9) The Scottish Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a) it extends to Scotland, and

(b) so far as it so extends, it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(10) The power of the Scottish Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Scotland.

(11) A Northern Ireland department is also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a) it extends to Northern Ireland, and

(b) so far as it so extends, were it contained in an Act of the Northern Ireland Assembly—

(i) it would be within the legislative competence of that Assembly, and

(ii) it would not require the consent of the Secretary of State.

(12) References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.

(13) The power of a Northern Ireland department to make an order under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Northern Ireland.

(14) Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(15) Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

Power to amend Act in consequence of amendments to subordinate legislation

91

(1) A relevant national authority may by regulations amend or repeal any provision of this Act which modifies a provision of subordinate legislation.

(2) The power in subsection (1) may be exercised only if the amendment or repeal is necessary in consequence of the amendment or revocation of the provision of subordinate legislation by other subordinate legislation.

(3) Regulations under subsection (1) may make transitional, transitory or saving provision.

(4) In this section “relevant national authority” means a Minister of the Crown, subject as follows.

(5) In the case of regulations under subsection (1) which could also be made by an authority by virtue of any of subsections (6) to (8), a Minister of the Crown may not make the regulations without the authority's consent.

(6) The Welsh Ministers are also a relevant national authority in relation to regulations under subsection (1) which make provision which would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(7) The Scottish Ministers are also a relevant national authority in relation to regulations under subsection (1) which make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(8) A Northern Ireland department is also a relevant national authority in relation to regulations under subsection (1) which make provision which, if it were contained in an Act of the Northern Ireland Assembly—

(a) would be within the legislative competence of that Assembly, and

(b) would not require the consent of the Secretary of State.

(9) Any power of a Minister of the Crown or the Welsh Ministers to make regulations under subsection (1) is exercisable by statutory instrument.

(10) References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.

(11) Any power of a Northern Ireland department to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(12) In this section “subordinate legislation” means—

(a) subordinate legislation within the meaning of the Interpretation Act 1978,

(b) an instrument made under an Act or Measure of the National Assembly for Wales,

(d) an instrument made under Northern Ireland legislation.

Power to make consequential modifications

92

(1) A relevant national authority may by regulations make provision for an enactment to have effect with modifications in consequence of any provision of this Act.

(2) Without prejudice to section 14 of the Interpretation Act 1978 (implied power to amend), a relevant national authority may by regulations amend or revoke any regulations made by the authority under subsection (1) in consequence of—

(a) the exercise of a power under section 88,

(b) the expiry of a provision of this Act under section 89, or

(3) Regulations under this section may make transitional, transitory or saving provision.

(4) In this section “relevant national authority” means a Minister of the Crown, subject as follows.

(5) In the case of regulations under this section which could also be made by an authority by virtue of any of subsections (6) to (8), a Minister of the Crown may not make the regulations without the authority's consent.

(6) The Welsh Ministers are also a relevant national authority in relation to regulations under this section which make provision which would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(7) The Scottish Ministers are also a relevant national authority in relation to regulations under this section which make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(8) A Northern Ireland department is also a relevant national authority in relation to regulations under this section which make provision which, if it were contained in an Act of the Northern Ireland Assembly—

(a) would be within the legislative competence of that Assembly, and

(b) would not require the consent of the Secretary of State.

(9) Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(10) References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.

(11) Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(12) In this section “enactment” includes—

(a) an enactment comprised in an Act or Measure of the National Assembly for Wales,

(b) an enactment comprised in an Act of the Scottish Parliament,

(d) an enactment comprised in subordinate legislation.

(13) In this section “subordinate legislation” means—

(a) subordinate legislation within the meaning of the Interpretation Act 1978,

(b) an instrument made under an Act or Measure of the National Assembly for Wales,

(d) an instrument made under Northern Ireland legislation.

Procedure for certain regulations made by a Minister of the Crown

93

(1) A statutory instrument containing regulations made by a Minister of the Crown under section 90(1) (other than regulations made in accordance with section 98(1)) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2) A statutory instrument containing regulations made by a Minister of the Crown under section 90(2) must be laid before Parliament as soon as reasonably practicable after being made.

(3) A statutory instrument containing regulations made by a Minister of the Crown under section 91(1) must be laid before Parliament as soon as reasonably practicable after being made.

(4) A statutory instrument containing regulations made by a Minister of the Crown under section 92—

(a) if the regulations only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) otherwise, must be laid before Parliament as soon as reasonably practicable after being made.

(5) Subsection (2), (3) or (4)(b) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) Regulations contained in an instrument laid before Parliament by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

(7) In calculating the period of 40 days, no account is to be taken of any time during which—

(a) Parliament is dissolved or prorogued, or

(b) both Houses of Parliament are adjourned for more than 4 days.

(8) Where regulations cease to have effect as a result of subsection (6) that does not—

(a) affect anything previously done under or by virtue of the regulations, or

(b) prevent the making of new regulations.

Procedure for certain regulations made by the Welsh Ministers

94

(1) A statutory instrument containing regulations made by the Welsh Ministers under section 90(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(2) A statutory instrument containing regulations made by the Welsh Ministers under section 90(2) must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.

(3) A statutory instrument containing regulations made by the Welsh Ministers under section 91(1) must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.

(4) A statutory instrument containing regulations made by the Welsh Ministers under section 92—

(a) if the regulations only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of the National Assembly for Wales;

(b) otherwise, must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.

(5) Subsection (2), (3) or (4)(b) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(6) Regulations contained in an instrument laid before the National Assembly for Wales by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.

(7) In calculating the period of 40 days, no account is to be taken of any time during which the National Assembly for Wales is—

(a) dissolved, or

(b) in recess for more than 4 days.

(8) Where regulations cease to have effect as a result of subsection (6) that does not—

(a) affect anything previously done under or by virtue of the regulations, or

(b) prevent the making of new regulations.

Procedure for certain regulations made by the Scottish Ministers

95

(1) Regulations made by the Scottish Ministers under section 90(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)).

(2) Regulations made by the Scottish Ministers under section 90(2) must be laid before the Scottish Parliament as soon as reasonably practicable after being made.

(3) Regulations made by the Scottish Ministers under section 91(1) must be laid before the Scottish Parliament as soon as reasonably practicable after being made.

(4) Regulations made by the Scottish Ministers under section 92—

(a) if they only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010);

(b) otherwise, must be laid before the Scottish Parliament as soon as reasonably practicable after being made.

(5) Subsection (2), (3) or (4)(b) does not apply if the regulations have been subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(6) Regulations laid before the Scottish Parliament by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.

(7) In calculating the period of 40 days, no account is to be taken of any time during which the Scottish Parliament is—

(a) dissolved, or

(b) in recess for more than 4 days.

(8) Where regulations cease to have effect as a result of subsection (6) that does not—

(a) affect anything previously done under or by virtue of the regulations, or

(b) prevent the making of new regulations.

Procedure for certain orders made by a Northern Ireland department

96

(1) An order made by a Northern Ireland department under section 90(1) is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(2) An order made by a Northern Ireland department under section 90(2) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.

(3) An order made by a Northern Ireland department under section 91(1) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.

(4) An order under section 92 made by a Northern Ireland department—

(a) if the order only provides for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954;

(b) otherwise, must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.

(5) Subsection (2), (3) or (4)(b) does not apply if a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(6) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(7) An order laid before the Northern Ireland Assembly by virtue of subsection (2), (3) or (4)(b) ceases to have effect at the end of the period of 40 days beginning with the day on which the order is made unless, during that period, the instrument is approved by a resolution of the Northern Ireland Assembly.

(8) In calculating the period of 40 days, no account is to be taken of any time during which the Northern Ireland Assembly is—

(a) dissolved,

(b) in recess for more than 4 days, or

(9) Where an order ceases to have effect as a result of subsection (7) that does not—

(a) affect anything previously done under or by virtue of the order, or

(b) prevent the making of a new order.

Reports by Secretary of State on status of non-devolved provisions of this Act

97

(1) The Secretary of State must—

(a) in respect of each reporting period, prepare and publish a report on the status of the provisions of Part 1 of this Act;

(b) include in the report a statement that the Secretary of State is satisfied that the status of those provisions is appropriate.

(2) A reference in this section to a provision of this Act is to the provision only so far as the Secretary of State is responsible for it (see subsection (6)).

(3) The references in subsection (1) to the “status” of a provision are to—

(a) whether the provision is in force at the end of the reporting period, and

(b) whether any power under the following provisions has been exercised by a Minister of the Crown in relation to it during that period (and, if so, which and how)—

(i) section 87(2) (regulations bringing provision into force);

(ii) section 88(1) or (3) (regulations suspending or reviving provision);

(iii) section 90(1) or (2) (regulations altering expiry date of provision).

(4) Each of the following is a “reporting period”—

(a) the period of 2 months beginning with the day on which this Act is passed;

(b) each successive period of 2 months that ends during the substantive operational period of this Act.

(5) The “substantive operational period of this Act” is —

(a) the two-year period mentioned in section 89(1), or

(b) if different, the period—

(i) beginning with the day on which this Act is passed, and

(ii) ending with the time of expiry of the provision of this Act which, by virtue of regulations made by a Minister of the Crown under section 90(2), expires the latest.

(6) The Secretary of State is responsible for a provision of this Act so far as—

(a) it extends to England and Wales and applies in relation to England;

(b) it—

(i) extends to England and Wales and applies in relation to Wales, or extends to Scotland or Northern Ireland, and

(ii) is outside devolved legislative competence in Wales, Scotland or Northern Ireland (as the case may be).

(7) A provision is “outside devolved legislative competence”—

(a) in relation to Wales, if it would not be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975, that such consent were given);

(b) in relation to Scotland, if it would not be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;

(i) it would not be within the legislative competence of the Northern Ireland Assembly, or

(ii) it would require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

(8) The Secretary of State must lay each report prepared under subsection (1) before Parliament.

(9) If the Secretary of State does not prepare and publish the report required by subsection (1) within 7 days beginning with the end of a reporting period, the Secretary of State must—

(a) explain why in a statement made in writing, and

(b) publish the statement.

Six-month parliamentary review

98

(1) If the House of Commons rejects a motion in the form set out in subsection (2), moved in accordance with subsection (3) by a Minister of the Crown, a Minister of the Crown must exercise the power conferred by section 90(1) so as to ensure that the relevant temporary provisions expire not later than the end of the period of 21 days beginning with the day on which the rejection takes place.

(2) The form of the motion is—

That the temporary provisions of the Coronavirus Act 2020 should not yet expire.

(3) So far as practicable, a Minister of the Crown must make arrangements for the motion mentioned in subsection (1) to be debated and voted on by the House of Commons within a period of 7 sitting days beginning immediately after each 6 month review period.

(4) In this section—

“6 month review period” means—the period of 6 months beginning with the day on which this Act is passed, andeach subsequent period of 6 months,but only (in each case) if at least one relevant temporary provision still exists at the end of the period (whether or not that provision has ever been brought into force or is at that time suspended);

“relevant temporary provision” means any provision of this Act—which is not listed in section 89(2) (provisions not subject to expiry), andin respect of which a Minister of the Crown could make provision under section 90(1) (early expiry regulations) without the consent of the Welsh Ministers, the Scottish Ministers or a Northern Ireland department;

“sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day).

Parliamentary consideration of status of non-devolved provisions of this Act

99

(1) This section applies where the substantive operational period of this Act is longer than the period of one year beginning with the day on which this Act is passed.

(2) A Minister of the Crown must make arrangements for—

(a) a motion in neutral terms, to the effect that the House of Commons has considered the one-year status report, to be moved in that House by a Minister of the Crown within the period of 14 Commons sitting days beginning with the day after the end of the sixth reporting period, and

(b) a motion for the House of Lords to take note of the one-year status report to be moved in that House by a Minister of the Crown within the period of 14 Lords sitting days beginning with the day after the end of the sixth reporting period.

(3) The “one-year status report” is the report required to be prepared by the Secretary of State under section 97 in respect of the sixth reporting period.

(4) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day);

“reporting period” and “substantive operational period of this Act” have the same meaning as in section 97.

Extent

100

(1) The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a) section 1;

(b) section 2 (and Schedule 1);

(d) section 9;

(e) sections 22 and 23;

(f) section 24;

(g) sections 25 to 29 (and Schedule 15);

(h) section 50 (and Schedule 20);

(i) section 51 (and Schedule 21);

(j) section 52 (and Schedule 22);

(k) section 54, so far as it relates to Part 2 of Schedule 24 (and that Part of that Schedule);

(l) section 55, so far as it relates to paragraph 2 of Schedule 25 (and that paragraph of that Schedule);

(m) section 58 (and Schedule 28);

(n) sections 62 to 64 and 66;

(o) sections 68 and 69;

(p) section 71;

(q) sections 72 to 74;

(r) section 75;

(s) section 76;

(t) section 77(1) and (2);

(u) this Part.

(2) The following provisions extend to England and Wales and Scotland only—

(a) section 8, so far as it relates to Part 3 of Schedule 7 (and that Part of that Schedule);

(b) sections 39 to 41;

(3) The following provisions extend to England and Wales and Northern Ireland only—

(a) section 61;

(b) section 78.

(4) The following provisions extend to England and Wales only—

(a) section 3 (and Schedule 2);

(b) section 6 (and Schedule 5);

(d) section 11;

(e) sections 14 and 15 (and Schedule 12);

(f) section 18(1) (and Part 1 of Schedule 13);

(g) section 19;

(h) section 30;

(i) section 33;

(j) section 37(1) (and Part 1 of Schedule 16);

(k) section 38(1) (and Part 1 of Schedule 17);

(l) section 45;

(m) section 53 (and Schedule 23);

(n) section 54, so far as it relates to Parts 1 and 3 of Schedule 24 (and those Parts of that Schedule);

(o) section 55, so far as it relates to paragraph 1 of Schedule 25 (and that paragraph of that Schedule);

(p) section 56 (and Schedule 26);

(q) sections 59, 60, 65 and 67;

(r) section 79;

(s) section 81 (and Schedule 29);

(t) section 82;

(u) section 84.

(5) The following provisions extend to Scotland only—

(a) section 4 (and Schedule 3);

(b) section 7 (and Schedule 6);

(d) section 12;

(e) sections 16 and 17;

(f) section 18(2) (and Part 2 of Schedule 13);

(g) section 20 (and Schedule 14);

(h) sections 34 and 35;

(i) section 36;

(j) section 37(2) (and Part 2 of Schedule 16);

(k) section 38(2) (and Part 2 of Schedule 17);

(l) section 46;

(m) section 49 (and Schedule 19);

(n) section 70.

(6) The following provisions extend to Northern Ireland only—

(a) section 5 (and Schedule 4);

(b) section 8, so far as it relates to Part 4 of Schedule 7 (and that Part of that Schedule);

(d) section 13;

(e) section 18(3) (and Part 3 of Schedule 13);

(f) section 21;

(g) section 31;

(h) section 32;

(i) section 37(3) (and Part 3 of Schedule 16);

(j) section 38(3) (and Part 3 of Schedule 17);

(k) sections 42 to 44;

(l) section 47;

(m) section 48 (and Schedule 18);

(n) section 57 (and Schedule 27);

(o) section 80;

(p) section 83.

Extension to the Isle of Man

101

Her Majesty may by Order in Council provide for the extension, with or without modifications, to the Isle of Man of any provision of this Act which is capable of so extending.

Short title

102

This Act may be cited as the Coronavirus Act 2020.

SCHEDULE 1

Nursing and Midwifery Order 2001

1

(1) The Nursing and Midwifery Order 2001 (S.I. 2002/253) has effect as if it were subject to the following modifications.

(2) The Order has effect as if after article 9 there were inserted—

(9A) (1) The Registrar may register a person as a registered nurse, midwife or nursing associate, or the persons comprising a specified group of persons as registered nurses, midwives or nursing associates, if— (a) the Secretary of State has advised the Registrar that an emergency has occurred, is occurring or is about to occur and that the Registrar should consider acting under this article, and (b) the Registrar considers that the emergency registration requirement is met in relation to the person or group of persons. (2) For the purposes of paragraph (1)(b) the emergency registration requirement is met— (a) in relation to a person, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a nurse, midwife or nursing associate with regard to the emergency; (b) in relation to a group of persons, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as nurses, midwives or nursing associates with regard to the emergency. (3) The Registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group. (4) The Registrar may include an annotation in the register denoting that a person has been registered under this regulation. (5) The registration of a person under this article has effect subject to any conditions imposed by the Registrar; and the Registrar may at any time vary or revoke such a condition or add new conditions. (6) Where a person is registered under this article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group. (7) A person's registration under this article ceases to have effect if revoked by the Registrar; and the Registrar— (a) must revoke the registration if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist; (b) may at any time revoke the registration for any other reason, including where the Registrar suspects that the person's fitness to practise may be impaired. (8) A person's registration as a member of a specified group may be revoked— (a) without the registration of the other members of the group being revoked, or (b) as a result of a decision to revoke the registration of all the members of the group. (9) Rules under article 7 may not provide for fees to be charged in respect of a person's registration under this article. (10) The following provisions of this Order do not apply to persons registered under this article— - articles 5A, 9, 10, 12 and 13 (provisions relating to registration); - articles 15 to 19 (provisions relating to education and training); - Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1) and (3) to (6). (11) If a person breaches a condition to which the person's registration under this article is subject, anything done by the person in breach of the condition is to be treated as not done by a registered nurse, midwife or nursing associate (as the case may be). (12) In this article “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.

(3) Article 25(1) (power of Nursing and Midwifery Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons).

(4) Article 37 (appeals against Registrar's decisions) has effect as if after paragraph (2B) there were inserted—

(2C) No appeal lies to the Council where the Registrar— (a) has refused to register a person under article 9A, or (b) has revoked a person's registration under that article.

Health Professions Order 2001

2

(1) The Health Professions Order 2001 (S.I. 2002/254) has effect as if it were subject to the following modifications.

(2) The Order has effect as if after article 9 there were inserted—

(9A) (1) The Registrar may register a person as a member of a relevant profession, or the persons comprising a specified group of persons as members of a relevant profession, if— (a) the Secretary of State has advised the Registrar that an emergency has occurred, is occurring or is about to occur and that the Registrar should consider acting under this article, and (b) the Registrar considers that the emergency registration requirement is met in relation to the person or group of persons. (2) For the purposes of paragraph (1)(b) the emergency registration requirement is met— (a) in relation to a person, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a member of the profession in question with regard to the emergency; (b) in relation to a group of persons, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as members of the profession in question with regard to the emergency. (3) The Registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group. (4) The Registrar may include an annotation in the register denoting that a person has been registered under this regulation. (5) The registration of a person under this article has effect subject to any conditions imposed by the Registrar; and the Registrar may at any time vary or revoke such a condition or add new conditions. (6) Where a person is registered under this article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group. (7) A person's registration under this article ceases to have effect if revoked by the Registrar; and the Registrar— (a) must revoke the registration if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist; (b) may at any time revoke the registration for any other reason, including where the Registrar suspects that the person's fitness to practise may be impaired. (8) A person's registration as a member of a specified group may be revoked— (a) without the registration of the other members of the group being revoked, or (b) as a result of a decision to revoke the registration of all the members of the group. (9) Rules under article 7 may not provide for fees to be charged in respect of a person's registration under this article. (10) The following provisions of this Order do not apply to persons registered under this article— - articles 9, 10, 11 and 12 (provisions relating to registration); - articles 15 to 19 (provisions relating to education and training); - Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1) and (3) to (5). (11) If a person breaches a condition to which the person's registration under this article is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered as a member of the relevant profession in question. (12) In this article “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.

(3) Article 25(1) (power of Health and Care Professions Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons).

(4) Article 38 (appeals) has effect as if after paragraph (1A) there were inserted—

(1B) No appeal lies to the Council where the Registrar— (a) has refused to register a person under article 9A, or (b) has revoked a person's registration under that article.

SCHEDULE 2

Temporary exception to rule requiring listing in order to perform primary medical services

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of General Medical Services Contracts Regulations 2004

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to modify Schedule

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Health Service (Primary Medical Services Section 17C Arrangements) (Scotland) Regulations 2018

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to modify Schedule

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Interpretation

1

(1) In this Schedule “the 1976 Order” means the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)).

(2) In this Schedule references to Articles are to Articles of the 1976 Order.

(3) Expressions used in this Schedule and in the 1976 Order have the meaning given in that Order.

Emergency registration of pharmaceutical chemists

2

The 1976 Order has effect as if it were subject to the following modifications.

3

After Article 8D insert—

(8E) (1) The registrar may register a person, or the persons comprising a specified group of persons, in the register of pharmaceutical chemists if the conditions set out in paragraph (2) are satisfied. (2) The conditions are that— (a) the Department has advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this Article; and (b) the registrar considers that the emergency registration requirement is met in relation to the person or group of persons. (3) The emergency registration requirement is met— (a) in relation to a person, if the person is a fit, proper and suitably experienced person to be registered as a pharmaceutical chemist with regard to the emergency; (b) in relation to a group of persons, if the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as pharmaceutical chemists with regard to the emergency. (4) The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group. (5) A person's registration under this Article has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions. (6) Where a person is registered under this Article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group. (7) The registration of a person under this Article ceases to have effect if revoked by the registrar; and the registrar— (a) must revoke the registration if the Department advises the registrar that the circumstances that led the Department to give the advice referred to in paragraph (2)(a) no longer exist; (b) may at any time revoke the registration for any other reason, including where the registrar has grounds for suspecting that the person's fitness to practise may be impaired. (8) A person's registration as a member of a specified group may be revoked— (a) without revoking the registration of the other members of the group; or (b) as a result of a decision to revoke the registration of all the members of the group. (9) Regulations made under Article 5 with respect to the following matters do not apply to persons registered under this Article— (a) paragraph (1)(b) (examinations and qualifications for registration); (b) paragraph (1)(bb), in so far as it refers to the necessary knowledge of English; (c) paragraph (1)(e) (fees); (d) paragraph (1)(f), (ffg) and (g) (qualifications etc in relation to registration); (e) such other matters as the Council may by regulations provide; but this is subject to paragraph (11). (10) The following provisions of this Order do not apply to persons registered under this Article— (a) Article 4A (continuing professional development); (b) Articles 7, 8 and 8AA (provisions relating to registration); (c) Article 11(1) (evidence of qualification required for registration); (d) Article 15 (retention fees); (e) Article 20 and Schedule 3 (fitness to practise) other than paragraphs 1 to 3; and (f) such other provisions as the Council may by regulations provide; but this is subject to paragraph (11). (11) The Council may make regulations that provide that the following apply to persons registered under this Article— (a) regulations with respect to any of the matters referred to in paragraph (9)(a) to (e); and (b) any of the provisions of this Order referred to in paragraph (10)(a) to (f). (12) If a person breaches any condition to which the person's registration under this Article is subject, anything done by that person in breach of the condition is to be treated as not being done by a registered pharmaceutical chemist. (13) The registrar may make available information to assist with the identification of persons registered under this Article in such manner as the registrar sees fit. (14) In this Article— - “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section; - “specified” means specified in a direction given by the registrar or by a person authorised by the registrar.

4

In Article 9(2) (maintenance of the register), at the end insert “ or in the case of the register mentioned in Article 6(1)(a) registered by virtue of Article 8E ”.

5

At the end of Article 9 (the registrar and registers) insert—

(6) The registrar may record an annotation against the name of a registered person denoting that the person is registered under Article 8E.

Emergency extension of prescribing powers for pharmaceutical chemists

6

After Article 9 insert—

(9A) (1) In the register mentioned in Article 6(1)(a), the registrar may record an annotation under paragraph (2) against— (a) the name of a registered person; or (b) the names of the persons comprising a specified group of registered persons, if the conditions set out in paragraph (3) are satisfied. (2) An annotation under this paragraph indicates that the person is qualified to order drugs, medicines and appliances in a specified capacity, notwithstanding that the person would not (but for this Article) be so qualified. (3) The conditions are that— (a) the Department has advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this Article; and (b) the registrar considers that the emergency annotation requirement is met in relation to the person or group of persons. (4) The emergency annotation requirement is met— (a) in relation to a registered person, if the person is a fit, proper and suitably experienced person to order drugs, medicines and appliances in a specified capacity with regard to the emergency; and (b) in relation to a group of registered persons, if the group is comprised of persons who may reasonably be considered fit, proper and suitably experienced persons to order drugs, medicines and appliances in a specified capacity with regard to the emergency. (5) The registrar may record the annotation in such a way as to distinguish between annotations recorded by virtue of this Article and other annotations. (6) Annotations recorded by virtue of this Article— (a) must be removed by the registrar if the Department advises the registrar that the circumstances that led the Department to give the advice referred to in paragraph (3)(a) no longer exist; (b) may at any time be removed by the registrar for any other reason including where the registrar has grounds for suspecting that the person's fitness to order drugs, medicines and appliances may be impaired. (7) An annotation recorded against the name of a person in the register as a member of a specified group may be removed— (a) without the removal by the registrar of the annotations recorded against the names in the register of the other members of the group; or (b) by virtue of a decision by the registrar to remove the annotations recorded against the names in the register of all the members of the group. (8) Regulations made under Article 5 with respect to the following matters do not apply to persons with an annotated entry— (a) paragraph (1)(e) (fees); (b) paragraph (1)(ff) (annotations of the register); and (c) such other matters as the Council may by regulations provide; but this is subject to paragraph (10). (9) The following provisions of this Order do not apply to persons with an annotated entry— (a) Article 4A (continuing professional development); (b) Article 8 (qualifications for registration); and (c) such other provisions as the Council may by regulations provide; but this is subject to paragraph (10). (10) The Council may make regulations that provide that the following apply to persons with an annotated entry— (a) regulations with respect to any of the matters referred to in paragraph (8)(a) to (c); and (b) any of the provisions of this Order referred to in paragraph (9)(a) to (c). (11) In this Article— - “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section; - “person with an annotated entry” means a person who has an annotation under paragraph (2) against their name in the register; and - “specified” means specified in a direction given by the registrar or by a person authorised by the registrar.

Appeals

7

In Article 11, after paragraph (2) insert—

(3) No appeal lies to the Council against a decision of the registrar— (a) to register or refuse to register a person under Article 8E; (b) to register or refuse to register under that Article the persons comprising a group of persons; (c) to impose, vary or revoke a condition as respects the registration of a person, or the persons comprising a group of persons, under Article 8E(5); (d) to revoke a person's registration under that Article (and, in the case of a member of a group, it does not matter whether the registrar also decides to revoke the registration of any or all of the other members of the group); (e) to record or refuse to record an annotation under Article 9A(2) against the name of a registered person, or the names of the persons comprising a group of registered persons; (f) to remove an annotation under that Article (and, in the case of a member of a group, it does not matter whether the registrar also decides to remove the annotation of any or all of the other members of the group).

Power to require disclosure of information

8

Paragraph 2(1) of Schedule 3 to the 1976 Order (power of the Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions in respect of identifying any person registered by virtue of Article 8E(3)(b) (emergency registration of a group of persons).

SCHEDULE 5

1

(1) The Social Workers Regulations 2018 (S.I. 2018/893) have effect as if they were subject to the following modifications.

(2) Regulation 9 (information to be recorded in the register in relation to a registered social worker) has effect as if—

(a) in paragraph (1) after sub-paragraph (b) there were inserted—

(ba) in the case of a social worker registered under regulation 12A (emergency registration) the fact that the social worker has been registered under that regulation,

, and

(b) after paragraph (1) there were inserted—

(1A) The information referred to in paragraph (1)(a), (b) or (ba) is not required to be recorded in the register in relation to a social worker registered under regulation 12A as a member of a specified group.

(3) The regulations have effect as if after regulation 12 there were inserted—

(12A) (1) The regulator may register a person as a social worker, or the persons comprising a specified group of persons as social workers, if— (a) the Secretary of State has advised the regulator that an emergency has occurred, is occurring or is about to occur and that the regulator should consider acting under this regulation, and (b) the regulator considers that the emergency registration requirement is met in relation to the person or group of persons. (2) For the purposes of paragraph (1)(b) the emergency registration requirement is met— (a) in relation to a person, if the regulator considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency; (b) in relation to a group of persons, if the regulator considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency. (3) The regulator may register all of the persons comprising a specified group of persons without first identifying each person in the group. (4) The registration of a person under this regulation has effect subject to any conditions imposed by the regulator; and the regulator may at any time vary or revoke such a condition or add new conditions. (5) Where a person is registered under this regulation as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group. (6) A person's registration under this regulation ceases to have effect if revoked by the regulator; and the regulator— (a) must revoke the registration if the Secretary of State advises the regulator that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist; (b) may at any time revoke the registration for any other reason, including where the regulator suspects that the person's fitness to practise may be impaired. (7) A person's registration as a member of a specified group may be revoked— (a) without the registration of the other members of the group being revoked, or (b) as a result of a decision to revoke the registration of all the members of the group. (8) If a person's registration under this regulation is revoked under paragraph (6)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked. (9) If a person's registration under this section is revoked under paragraph (6)(b), the registration ceases to have effect immediately. (10) The following provisions of these regulations do not apply to persons registered under this regulation— (a) regulation 9 (content of the register), other than paragraph (1)(a), (b) and (ba) and paragraphs (1A) and (3); (b) regulations 10 to 12 and 13 to 15 (other provisions relating to registration); (c) regulation 16(4) and (5) (duty to provide information to regulator: sanctions); (d) regulation 17 (fees for registration); (e) Part 5 (discipline and fitness to practise). (11) If a person breaches a condition to which the person's registration under this regulation is subject, anything done by the person in breach of the condition is to be treated as not done by a registered social worker. (12) The regulator may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions under this regulation. (13) This includes— (a) making rules, and (b) issuing guidance to persons registered under this regulation or to the public. (14) Paragraphs (2) to (5) of regulation 3 do not apply to rules under paragraph (12)(a). (15) In this regulation “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.

(4) Regulation 19 (registration appeals) has effect as if after paragraph (2) there were inserted—

(2A) Paragraph (1) does not apply to— (a) a decision by the regulator to refuse to register a person under regulation 12A, or (b) a decision by the regulator to revoke a person's registration under that regulation.

2

(1) The Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) has effect as if it were subject to the following modifications.

(2) The Act has effect as if after section 83 of the English language text there were inserted—

(83A) (1) The registrar may register a person as a social worker in the social worker part of the register, or the persons comprising a specified group of persons as social workers in that part, if— (a) the Welsh Ministers have advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this section, and (b) the registrar considers that the emergency registration requirement is met in relation to the person or group of persons. (2) For the purposes of subsection (1)(b) the emergency registration requirement is met— (a) in relation to a person, if the registrar considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency; (b) in relation to a group of persons, if the registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency. (3) The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group. (4) The registrar may include an annotation in the social worker part of the register denoting that a person has been registered under this section. (5) The registration of a person under this section has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions. (6) Where a person is registered under this section as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group. (7) A person's registration under this section ceases to have effect if revoked by the registrar; and the registrar— (a) must revoke the registration if the Welsh Ministers advise the registrar that the circumstances that led the Welsh Ministers to give the advice referred to in subsection (1)(a) no longer exist; (b) may at any time revoke the registration for any other reason, including where the registrar suspects that the person's fitness to practise may be impaired. (8) A person's registration as a member of a specified group may be revoked— (a) without the registration of the other members of the group being revoked, or (b) as a result of a decision to revoke the registration of all the members of the group. (9) If a person's registration under this section is revoked under subsection (7)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked. (10) If a person's registration under this section is revoked under subsection (7)(b), the registration ceases to have effect immediately. (11) Rules under section 74 may not provide for fees to be charged in respect of a person's registration under this section. (12) The following provisions do not apply to persons registered under this section— (a) sections 82, 83, 84, 86, 87, 89, 94 and 95 (provisions relating to registration) of this Act; (b) sections 113 to 115 (continuing professional development) of this Act and rules made under any of those sections; (c) Part 6 (social care workers: fitness to practise) of this Act, other than section 160(1) and (3) to (5). (13) If a person breaches a condition to which the person's registration under this section is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered in the social worker part of the register. (14) In this section “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.

(3) The Act has effect as if after section 83 of the Welsh language text there were inserted—

(83A) (1) Caiff y cofrestrydd gofrestru person fel gweithiwr cymdeithasol yn rhan gweithwyr cymdeithasol y gofrestr, neu bersonau sy'n ffurfio grŵp penodedig o bersonau fel gweithwyr cymdeithasol yn y rhan honno, — (a) os yw Gweinidogion Cymru wedi cynghori'r cofrestrydd bod argyfwng wedi codi, yn codi neu ar fin codi, ac y dylai'r cofrestrydd ystyried gweithredu o dan yr adran hon, a (b) os yw'r cofrestrydd yn ystyried bod y gofyniad ar gyfer cofrestru mewn argyfwng wedi ei fodloni mewn perthynas â'r person neu'r grŵp o bersonau. (2) At ddibenion is-adran (1)(b) mae'r gofyniad ar gyfer cofrestru mewn argyfwng yn cael ei fodloni— (a) mewn perthynas â pherson, os yw'r cofrestrydd yn ystyried bod y person yn berson addas a phriodol sydd â phrofiad cyfaddas i gael ei gofrestru fel gweithiwr cymdeithasol o ran yr argyfwng; (b) mewn perthynas â grŵp o bersonau, os yw'r cofrestrydd yn ystyried bod y grŵp yn cael ei ffurfio o bersonau sydd o fath y gellir eu hystyried yn rhesymol yn bersonau addas a phriodol sydd â phrofiad cyfaddas i gael eu cofrestru fel gweithwyr cymdeithasol o ran yr argyfwng. (3) Caiff y cofrestrydd gofrestru pob un o'r personau sy'n ffurfio grŵp penodedig o bersonau heb enwi'n gyntaf bob person yn y grŵp. (4) Caiff y cofrestrydd gynnwys anodiad yn rhan gweithwyr cymdeithasol y gofrestr sy'n dynodi bod person wedi cael ei gofrestru o dan yr adran hon. (5) Mae cofrestriad person o dan yr adran hon yn cael effaith yn ddarostyngedig i unrhyw amodau a osodir gan y cofrestrydd; a chaiff y cofrestrydd amrywio neu ddirymu unrhyw amod o'r fath neu ychwanegu unrhyw amodau newydd ar unrhyw adeg. (6) Pan fo person wedi ei gofrestru o dan yr adran hon fel aelod o grŵp penodedig, caniateir i gofrestriad y person fod (ond nid oes rhaid iddo fod) yn ddarostyngedig i'r un amodau â chofrestriad aelodau eraill o'r grŵp. (7) Mae cofrestriad person o dan yr adran hon yn peidio â chael effaith os caiff ei ddirymu gan y cofrestrydd; a— (a) rhaid i'r cofrestrydd ddirymu'r cofrestriad os yw Gweinidogion Cymru yn cynghori'r cofrestrydd nad yw'r amgylchiadau a arweiniodd Gweinidogion Cymru at roi'r cyngor y cyfeirir ato yn is-adran (1)(a) bellach yn bodoli; (b) caiff y cofrestrydd, ar unrhyw adeg, ddirymu'r cofrestriad am unrhyw reswm arall, gan gynnwys pan fo'r cofrestrydd yn amau y gall addasrwydd y person i ymarfer fod wedi ei amharu. (8) Caniateir i gofrestriad person fel aelod o grŵp penodedig gael ei ddirymu— (a) heb ddirymu cofrestriad aelodau eraill o'r grŵp, neu (b) o ganlyniad i benderfyniad i ddirymu cofrestriad pob aelod o'r grŵp. (9) Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran (7)(a), mae'r cofrestriad yn peidio â chael effaith ar ddiwedd cyfnod o 14 diwrnod sy'n dechrau â'r diwrnod y caiff ei ddirymu. (10) Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran (7)(b), mae'r cofrestriad yn peidio â chael effaith ar unwaith. (11) Ni chaiff rheolau o dan adran 74 ddarparu ar gyfer codi ffioedd o ran cofrestriad person o dan yr adran hon. (12) Nid yw darpariaethau canlynol y Ddeddf yn gymwys i bersonau a gofrestrir o dan yr adran hon— (a) adrannau 82, 83, 84, 86, 87, 89, 94 a 95 (darpariaethau sy'n ymwneud â chofrestru) o'r Ddeddf hon; (b) adrannau 113 i 115 (datblygiad proffesiynol parhaus) o'r Ddeddf hon a rheolau a wneir o dan unrhyw un o'r adrannau hynny; (c) Rhan 6 (gweithwyr gofal cymdeithasol: addasrwydd i ymarfer) o'r Ddeddf hon ac eithrio adran 160(1) a (3) i (5). (13) Os yw person yn torri amod y mae cofrestriad y person o dan yr adran hon yn ddarostyngedig iddo, mae unrhyw beth a wneir gan y person yn groes i'r amod i'w drin fel peth nad yw wedi ei wneud gan berson a gofrestrwyd yn rhan gweithwyr cymdeithasol y gofrestr. (14) Yn yr adran hon mae i “argyfwng” yr ystyr a roddir i'r math o “emergency” a ddisgrifir yn adran 19(1)(a) o Ddeddf Argyfyngau Sifil Posibl 2004, wedi ei darllen ynghyd ag is-adran (2)(a) a (b) o'r adran honno.

(4) Section 101 (appeals against decisions of the registrar) has effect as if—

(a) after subsection (2) of the English language text there were inserted—

(3) Subsection (1) does not apply to— (a) a decision by the registrar to refuse to register a person under section 83A, or (b) a decision by the registrar to revoke a person's registration under that section.

;

(b) after subsection (2) of the Welsh language text there were inserted—

(3) Nid yw is-adran (1) yn gymwys i— (a) penderfyniad gan y cofrestrydd i wrthod cofrestru person o dan adran 83A, neu (b) penderfyniad gan y cofrestrydd i ddirymu cofrestriad person o dan yr adran honno.

(5) Section 160(1) (power of Social Care Wales to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions under section 83A.

SCHEDULE 6

Regulation of Care (Scotland) Act 2001

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

PART 1 — Entitlement to emergency volunteering leave

Entitlement to emergency volunteering leave

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “volunteering period”

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions to entitlement to emergency volunteering leave

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “appropriate authority”

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Effect of taking emergency volunteering leave

Application of terms and conditions of employment

5

(1) An employee who takes emergency volunteering leave is, during any period of leave—

(a) entitled to the benefit of all of the terms and conditions of employment which would have applied if the employee had not been absent, and

(b) bound by any obligations arising under those terms and conditions (except in so far as they are inconsistent with paragraph 1).

(2) In sub-paragraph (1) “terms and conditions of employment”—

(a) includes matters connected with an employee's employment whether or not they arise under the contract of employment, but

(b) does not include terms and conditions about remuneration.

(3) For the purposes of this paragraph, only sums payable to an employee by way of wages or salary are to be treated as remuneration.

Right to return

6

(1) An employee who returns to work after a period of emergency volunteering leave is entitled to return from leave to the job in which they were employed before the absence.

(2) The right to return under this paragraph is a right to return—

(a) with the employee's seniority, pension and similar rights as they would have been if the employee had not been absent, and

(b) on terms and conditions no less favourable than those which would have applied if the employee had not been absent.

Pension rights

7

(1) If an employment-related benefit scheme does not include an emergency volunteering rule, it is to be treated as including one.

(2) An emergency volunteering rule is a provision that has the effect set out in sub-paragraphs (3) and (4).

(3) If a relevant term does not treat time when a worker is on emergency volunteering leave as it treats time when they are not, the term is modified so as to treat time when they are on emergency volunteering leave as time when they are not.

(4) If a term confers a relevant discretion capable of being exercised so that time when a worker is on emergency volunteering leave is treated differently from time when they are not, the term is modified so as not to allow the discretion to be exercised in that way.

(5) A term is relevant if it is—

(a) a term relating to membership of the scheme,

(b) a term relating to the accrual of rights under the scheme, or

(6) A discretion is relevant if its exercise is capable of affecting—

(a) membership of the scheme,

(b) the accrual of rights under the scheme, or

(7) This paragraph does not require the worker's contributions to the scheme in respect of time when they are on emergency volunteering leave to be determined otherwise than by reference to the amount they are paid by the employer in respect of that time.

(8) “Employment-related benefit scheme”—

(a) in relation to England and Wales and Scotland, has the meaning given by paragraph 7 of Schedule 5 to the Social Security Act 1989;

(b) in relation to Northern Ireland, has the meaning given by paragraph 7 of Schedule 5 to the Social Security (Northern Ireland) Order 1989 (S.I. 1989/1342 (N.I. 13)).

PART 3 — Modifications of Employment Rights Act 1996

8

The Employment Rights Act 1996 (“the 1996 Act”) has effect in accordance with this Part of this Schedule.

9

The 1996 Act has effect as if after section 47G there were inserted—

(47H) (1) A worker has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by their employer on the grounds that— (a) the worker took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or (b) the employer believed that the worker was likely to take emergency volunteering leave under that Schedule. (2) A worker makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020. (3) Subsection (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal within the meaning of Part 10.

10

The 1996 Act has effect as if in section 48 (complaints to employment tribunals)—

(a) after subsection (1B) there were inserted—

(1C) A worker may present a complaint to an employment tribunal that they have been subjected to a detriment in contravention of section 47H.

;

(b) in subsection (2), for “or (1B)” there were substituted “ , (1B) or (1C) ”.

11

The 1996 Act has effect as if in section 49 (remedies)—

(a) in subsection (1), for “or (1B)” there were substituted “ , (1B) or (1C) ”;

(b) after subsection (7) there were inserted—

(8) Where— (a) the complaint is made under section 48(1C), (b) the detriment to which the worker is subjected is the termination of their worker's contract, and (c) that contract is not a contract of employment, any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the worker had been an employee and had been dismissed for the reason specified in section 104H.

12

The 1996 Act has effect as if in section 88 (pay during period of notice: employments with normal working hours), in subsection (1)(c), after “paternity leave” there were inserted “ or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020 ”.

13

The 1996 Act has effect as if in section 89 (pay during period of notice: employments without normal working hours), in subsection (3)(b), after “paternity leave” there were inserted “ or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020 ”.

14

The 1996 Act has effect as if after section 104G there were inserted—

(104H) (1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that— (a) the employee took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or (b) the employer believed that the employee was likely to take emergency volunteering leave under that Schedule. (2) An employee makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020.

15

The 1996 Act has effect as if in section 105 (redundancy), after subsection (7BB) there were inserted—

(7BC) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104H.

16

The 1996 Act has effect as if in section 108(3) (exceptions to qualifying period of employment for unfair dismissal), after paragraph (gm) there were inserted—

(gn) section 104H applies,

17

The 1996 Act has effect as if in section 124(1A) (exceptions to limits on compensation), after “103A,” there were inserted “ 104H, ”.

18

The 1996 Act has effect as if in section 203(1)(a) (restrictions on contracting out), after “this Act” there were inserted “ or Schedule 7 to the Coronavirus Act 2020 ”.

PART 4 — Modifications of Employment Rights (Northern Ireland) Order 1996

19

The Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) (“the 1996 Order”) has effect in accordance with this Part of this Schedule.

20

The 1996 Order has effect as if after Article 70F there were inserted—

(70G) (1) A worker has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by their employer on the grounds that— (a) the worker took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or (b) the employer believed that the worker was likely to take emergency volunteering leave under that Schedule. (2) A worker makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020. (3) Paragraph (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal within the meaning of Part 11.

21

The 1996 Order has effect as if in Article 71 (complaints to industrial tribunals)—

(a) after paragraph (1B) there were inserted—

(1C) A worker may present a complaint to an industrial tribunal that they have been subjected to a detriment in contravention of Article 70G.

;

(b) in paragraph (2), for “or (1B)” there were substituted “ , (1B) or (1C) ”.

22

The 1996 Order has effect as if in Article 72 (remedies)—

(a) in paragraph (1), for “or (1B)” there were substituted “ , (1B) or (1C) ”;

(b) after paragraph (7) there were inserted—

(8) Where— (a) the complaint is made under Article 71(1C), (b) the detriment to which the worker is subjected is the termination of their worker's contract, and (c) that contract is not a contract of employment, any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 11 if the worker had been an employee and had been dismissed for the reason specified in Article 135G.

23

The 1996 Order has effect as if in Article 120 (pay during period of notice: employments with normal working hours), in paragraph (1)(c), after “paternity leave” there were inserted “ or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020 ”.

24

The 1996 Order has effect as if in Article 121 (pay during period of notice: employments without normal working hours), in paragraph (3)(b), after “paternity leave” there were inserted “ or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020 ”.

25

The 1996 Order has effect as if after Article 135F there were inserted—

(135G) (1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that— (a) the employee took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or (b) the employer believed that the employee was likely to take emergency volunteering leave under that Schedule. (2) An employee makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020.

26

The 1996 Order has effect as if in Article 137 (redundancy)—

(a) in paragraph (1)(c), for “(7M)” there were substituted “ (7N) ”;

(b) after paragraph (7M) there were inserted—

(7N) This paragraph applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in Article 135G.

27

The 1996 Order has effect as if in Article 140(3) (exceptions to qualifying period of employment for unfair dismissal), after sub-paragraph (fk) there were inserted—

(fl) Article 135G applies,

28

The 1996 Order has effect as if in Article 158(1A) (exceptions to limits on compensation), after “135F,” there were inserted “ 135G, ”.

29

The 1996 Order has effect as if in Article 245(1)(a) (restrictions on contracting out), after “this Order” there were inserted “ or Schedule 7 to the Coronavirus Act 2020 ”.

PART 5 — General

Application of this Schedule to agency workers

30

(1) This paragraph applies in relation to a worker who is supplied by a person (an “agent”) to do work for another (a “principal”) under a contract or other arrangements made between the agent and the principal.

(2) Where the worker gives notice and a certificate under paragraph 1(2) to the employer, the employer must as soon as reasonably practicable provide copies of them—

(a) if the employer is the agent, to any principals to whom the worker was to be supplied during the period specified in the certificate,

(b) if the employer is a principal, to the agent, and

(c) if the employer is neither the agent nor a principal, to the agent and any principals to whom the worker was to be supplied during the period specified in the certificate.

(3) For the purposes of the provisions mentioned in sub-paragraph (4) references to the worker's employer are to be read as including—

(a) the agent, and

(b) any principals to whom the worker was to be supplied during the period specified in the certificate,

(where they would not otherwise be the worker's employer).

(4) The provisions referred to in sub-paragraph (3) are—

(a) in paragraph 9, section 47H (right not to be subjected to detriment by employer: Great Britain);

(b) in paragraph 20, Article 70G (right not to be subjected to detriment by employer: Northern Ireland).

Interpretation

31

(1) This paragraph applies for the interpretation of this Schedule.

(2) In relation to England and Wales and Scotland, the following terms have the meaning given by section 230 of the Employment Rights Act 1996—

“contract of employment”,

“employed”,

“employee”,

“employer”,

“employment”,

“worker”,

“worker's contract”.

(3) In relation to Northern Ireland, the following terms have the meaning given by Article 3 of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))—

“contract of employment”,

“employed”,

“employee”,

“employer”,

“employment”,

“worker”,

“worker's contract”.

(4) “Emergency volunteering leave” has the meaning given by paragraph 1.

(5) “Health or social care” has the meaning given by section 9 of the Health and Social Care Act 2008.

(6) “Week” means any period of 7 consecutive days.

(7) “Working day” means a day other than—

(a) a Saturday or a Sunday,

(b) Christmas Day or Good Friday, or

Regulations

32

A power to make regulations under this Schedule includes power to make consequential, supplementary, incidental, transitional or saving provision.

33

(1) Regulations made by the Secretary of State under this Schedule are to be made by statutory instrument.

(2) A statutory instrument containing regulations made by the Secretary of State under this Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.

34

(1) Regulations made by the Department for the Economy in Northern Ireland under this Schedule may contain only provision which—

(a) would be within the legislative competence of the Northern Ireland Assembly, and

(b) would not require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

(2) The power of the Department for the Economy in Northern Ireland to make regulations under this Schedule is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(3) Regulations under this Schedule made by the Department for the Economy in Northern Ireland are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.

SCHEDULE 8

PART 1 — Introductory provision etc

Interpretation

1

(1) References in this Schedule to sections are to sections of the Mental Health Act 1983 (“the 1983 Act”).

(2) Expressions used in this Schedule and in the 1983 Act have the same meaning as in that Act.

Forms

2

Where any form prescribed for use in connection with a provision of the 1983 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—

(a) may, in connection with the provision as so modified, be used with appropriate amendments;

(b) is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.

Applications for compulsory admission to hospital for assessment or treatment

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for compulsory admission of patients already in hospital

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period of remand to hospital

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court orders for the detention of accused or convicted persons in hospital

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions for the transfer of prisoners to hospital

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conveyance of accused or convicted persons to hospital

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administration of medicine to persons liable to detention in hospital

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Detention in place of safety

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitution and proceedings of the Mental Health Review Tribunal for Wales

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Transitional provision

14

Paragraph 4(2) or (3), 8(3) or 10 continues to apply after the end of a period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.

15

Where, by virtue of paragraph 5, a person has been remanded under section 35(7) or 36(6) for more than 12 weeks in all, the person may not be further remanded under that provision after the end of a period for which that paragraph has effect.

16

(1) Paragraph 8(1) continues to apply after the end of a period for which it has effect in relation to any order or direction made during that period, subject to sub-paragraph (2).

(2) The constable or other person whose duty is modified by that provision must in any event convey the person concerned to the requisite hospital within the period of seven days beginning with the day on which the period referred to in sub-paragraph (1) ends.

17

Paragraph 11(3) to (6) continues to apply after the end of a period for which it has effect in relation to proceedings that are, when the period ends, before a constitution of the Mental Health Review Tribunal for Wales appointed under sub-paragraph (2) of that paragraph.

18

Paragraph 12 continues to apply after the end of a period for which it has effect in relation to any application or reference with respect to which, when the period ends, a decision to dispense with a hearing has been notified by the Mental Health Review Tribunal for Wales under sub-paragraph (3) of that paragraph and remains current

19

Paragraph 13 continues to apply after the end of a period for which it has effect in relation to any nomination of a temporary deputy that is in force when the period ends.

SCHEDULE 9

PART 1 — Introductory provision etc

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Forms

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003

Emergency detention

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short-term detention certificates

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compulsory treatment orders

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Coronavirus Act 2020

Power to alter expiry date

90

Power to amend Act in consequence of amendments to subordinate legislation

91

Power to make consequential modifications

92

Procedure for certain regulations made by a Minister of the Crown

93

Procedure for certain regulations made by the Welsh Ministers

94

Procedure for certain regulations made by the Scottish Ministers

95

Procedure for certain orders made by a Northern Ireland department

96

Reports by Secretary of State on status of non-devolved provisions of this Act

97

Six-month parliamentary review

98

Parliamentary consideration of status of non-devolved provisions of this Act

99

Extent

100

Extension to the Isle of Man

101

Short title

102

SCHEDULE 1

Nursing and Midwifery Order 2001

1

Health Professions Order 2001

2

SCHEDULE 2

Temporary exception to rule requiring listing in order to perform primary medical services

1

Modification of General Medical Services Contracts Regulations 2004

2

Power to modify Schedule

3

SCHEDULE 3

National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

1

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

2

National Health Service (Primary Medical Services Section 17C Arrangements) (Scotland) Regulations 2018

3

Power to modify Schedule

4

SCHEDULE 4

Interpretation

1

Emergency registration of pharmaceutical chemists

2

3

4

5

Emergency extension of prescribing powers for pharmaceutical chemists

6

Appeals

7

Power to require disclosure of information

8

SCHEDULE 5

Social Workers Regulations 2018

1

Regulation and Inspection of Social Care (Wales) Act 2016

2

SCHEDULE 6

Regulation of Care (Scotland) Act 2001

1

Social workers and social service workers in care services

2

SCHEDULE 7

PART 1 — Entitlement to emergency volunteering leave

Entitlement to emergency volunteering leave

1

Meaning of “volunteering period”

2

Exceptions to entitlement to emergency volunteering leave

3