Read on Twitter
There is some suggestion that these regulations may be the legal basis of the university ‘lock downs’. Will need to do some more digging in the morning. If they are, then these are certainly sweeping powers, if they can be used to detain hundreds of people... https://twitter.com/adamwagner1/status/1285172971921866752
There are safeguards. Have they been complied with? https://twitter.com/adamwagner1/status/1285179213029543946
I don’t enjoy being right sometimes...
I have taken a bit more time to look at this, this is, I think, the notice of the “local lockdown” by Manchester City Council. I’m dubious, to say the least, that it could authorise the mass detention of students enforced by security officers https://www.manchester.gov.uk/news/article/8560/local_lockdown_for_some_student_accommodation_announced
I have already linked to the relevant regulations above. This is the government guidance on applying them https://www.gov.uk/government/publications/local-authority-powers-to-impose-restrictions-under-coronavirus-regulations/local-authority-powers-to-impose-restrictions-health-protection-coronavirus-restrictions-england-no3-regulations-2020
Link to the regulations here: https://www.legislation.gov.uk/uksi/2020/750/contents/made
Regulation 4 gives a power to "give a direction imposing prohibitions, requirements or restrictions in relation to the entry into, departure from, or location of persons in, specified premises in the local authority’s area"
"departure from" https://www.legislation.gov.uk/uksi/2020/750/regulation/4/made
"departure from" https://www.legislation.gov.uk/uksi/2020/750/regulation/4/made
The first point to make is that directions can't be made in relation to "any premises which forms part of essential infrastructure"
The guidance says this includes "premises of an educational institution (as defined in paragraph 1(11) of schedule 16 of the Coronavirus Act 2020)"
The guidance says this includes "premises of an educational institution (as defined in paragraph 1(11) of schedule 16 of the Coronavirus Act 2020)"
I'm not 100% sure whether the Birley campus and Cambridge Halls would fall within this, under Schedule 16 of the Coronavirus Act as part of the higher education institution
But my bigger concern is that I highly doubt that these regulations, which already (problematically) sub-delegate powers under Public Health Act to local authorities, could sub-sub delegate enforcement powers to *detain* people to a university or private security firms!
This is the enforcement power. Could it really authorise detention by private security? Surely that needs clear and unambiguous words, not a vague reference to a "designated officer". This is very troubling and I think a court would be very worried by this https://www.legislation.gov.uk/uksi/2020/750/regulation/12
I mean, if the local authority is right and it has power to sub-delegate the mass detention of individuals to another public body/private security, these powers would be vast, and well beyond anything in the *national* lockdown regulations.
Anyway, I am commenting with incomplete information so I may well be wrong. Please do pass on any information as to the basis of the power Manchester City Council thinks it is exercising - the notice I linked above was very vague. https://www.manchester.gov.uk/news/article/8560/local_lockdown_for_some_student_accommodation_announced
Hat tip to my colleague @RabahKherbane who put me on to the guidance and shared some interesting thoughts
Also, notice would have to be given to students as occupiers. I don’t think it has been? Must “specify the power in these Regulations under which the direction is given”
(HT @gabrielquotes)
(HT @gabrielquotes)
