One of the exceptions to the tier 3 lockdown is for protests.
- Organised, with precautions, by a business, charity, public body or political body after a risk assessment
laughing for a moment at “protests organised by a business”, let’s look at “risk assessment”.
the The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020 has this to say baout risk assessment
- The first requirement is that the organiser or manager has carried out a risk assessment that would satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 1999(35) (whether or not the organiser or manager is subject to those Regulations).
so that’s defined here and essentially means filling out one of these forms: https://www.hse.gov.uk/simple-health-safety/risk/risk-assessment-template-and-examples.htm
and what is a “political body”?
Well, The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020 says:
(13) “A political body” means—
(a)a political party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000(44), or
(b)a political campaigning organisation within the meaning of regulation 2 of the Health and Social Care (Financial Assistance) Regulations 2009(45)
okay, so let’s have a look at the Health and Social Care regulations 2009:
“political campaigning organisation” means any person carrying on, or proposing to carry on activities— (a)
to promote, or oppose, changes in any law applicable in the United Kingdom or elsewhere, or any policy of a governmental or public authority (unless such activities are incidental to other activities carried on by that person), or (b)
which could reasonably be regarded as intended to affect public support for a political party, or to influence voters in relation to any election or referendum (unless such activities are incidental to other activities carried on by that person);
so by protesting, you become a political body. and as long as you have, or somebody has, filled out a risk assessment form you can protest.
so let’s go. i have an EFF sticker on my laptop, which i have on there to promote policy changes. so as long as i fill out a risk assessment form, i have free reign. i can hunt all the grouse i want.
i am not a lawyer. this web log entry does not constitute legal advice