LEGAL EAGLE: How will the ‘rule of six’ affect my very busy social life?

The new ‘rule of six’ arises out of a recent amendment to Regulation 5 of The Health Protection

(Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020 which came into force on Monday 14 September 2020 at 12:01am. Essentially, gatherings of more than six people are now prohibited. This applies both indoors and outdoors. So, for example, this would prevent a gathering of seven or more people from taking place at home, at a restaurant or at the pub.

However, the six members of the gathering are allowed to be from six different households. The rule does not apply to members of the same household or two linked households (known as a ‘support bubble’). There are also lots of other exemptions to this rule including, for example, weddings, funerals, sports, work, education, religious gatherings. Breaking the rule of six can result in an on-the-spot fine which will increase for repeat offenders. If you are accused of being part of such an illegal gathering, it might be possible to defend the allegation if you have a ‘reasonable excuse’. This is not defined and would depend on the facts and circumstances of your case.

The rule of six applies to England. However, if you live in the Northeast of England, the rules have been tightened as of midnight on Friday 18 September 2020 under what is being termed a ‘local lockdown’. These rules apply to all of Northumberland, Tyne and Wear (including Sunderland) and County Durham. This is due to a surge of Covid cases in the area. The stricter rules prohibit anyone living in the affected areas from hosting people who do not live with them in their home or garden (unless they are in their support bubble), or meeting people who they do not live with in their home or garden, whether inside or outside of the affected areas (again, unless they are in their support bubble). There are a number of exceptions to this rule including attending a birth, visiting a dying person, fulfilling a legal obligation, for work, education or training purposes, for childcare purposes, to provide emergency assistance, to enable people to avoid injury or illness or escape a risk of harm, to facilitate a house move, to provide care or assistance to a vulnerable person and for child contact purposes. It is a criminal offence to break the rules of the local lockdown and the police have the power to issue on-the-spot fines which vary depending on the circumstances. The local lockdown also introduces restrictions on certain businesses, such as early closure of pubs, restaurants and cafes, which might further impact upon social activity.

If you come into contact with law enforcement authorities regarding the coronavirus rules, please do not hesitate to contact our criminal department at Ben Hoare Bell LLP for expert advice. To speak to a solicitor please call 0191 565 3112 or email [email protected]. For further information please visit www.benhoarebell.co.uk.