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New Covid enforcement legislation delayed

by Ian Shires on 3 November, 2020

Published in Local Government Chronicle 03 NOVEMBER 2020 BY 

The new national lockdown has delayed the introduction of regulations giving councils stronger enforcement powers, following assurances by the health secretary last month that councils would be given more teeth to issue improvement notices and closure orders to businesses failing to comply with Covid restrictions.

The new regulations, which would quicken the timescale for action by local authorities against businesses breaking Covid rules, were expected to be introduced early this week, but have been delayed in order to give MPs a chance to debate them.

The government has confirmed to the Local Government Association that they will be implemented shortly. One well placed source told LGC they now expect them to be introduced early next week.

Matt Hancock said in the Commons on 22 October that he agreed with the LGA’s case for stronger enforcement powers.

“To support businesses who are doing the right thing, it is fair that we take action against those business who are doing the wrong thing,” he said. “The proposals that we will bring forward will mean that councils will be able to act without delay and use closure notices to shut premises on public health grounds to help suppress the virus.

“We will work with local authorities in the coming days on the details of these proposals so that we can act in a firm and fast way against the minority who are breaching these life-saving rules.”

Richard Foster (Con), leader of Craven DC told LGC be was worried that “we still haven’t got extra enforcement powers which will make it easier for us,” adding that “how the new lockdown will be policed is a concern”.

The LGA is in discussions with the Ministry of Housing, Communities & Local Government about what councils would like to see in the new regulations to build on learning from the earlier national lockdown.

“We are also emphasising the importance of rapid and clear guidance from the government in relation to any difficult issues or questions of interpretation that arise in relation to the closure regulations once they are introduced,” LGA chairman James Jamieson (Con) said in a briefing to members yesterday.

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