Tier 3 restrictions in Manchester etc
Tier 3 restrictions in Manchester etc
Author
Discussion

astonman

Original Poster:

839 posts

239 months

Tuesday 20th October 2020
quotequote all
Is it illegal to travel from a Tier 2 area into a Tier 3 ,to shop for items I cannot buy locally?
I understand,we are advised not to enter a tier 3 area,but is it actually enforceable in law?
Just interested.

pip t

1,366 posts

196 months

Tuesday 20th October 2020
quotequote all
No, as I understand it travel advice is just that at the moment - advice. Within England anyway - in Wales it's different.

astonman

Original Poster:

839 posts

239 months

Tuesday 20th October 2020
quotequote all
Thanks,what i thought,but wanted to double check.

anonymous-user

83 months

Thursday 22nd October 2020
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It is my opinion that a legal rule that prevents travel within the UK would be susceptible to legal challenge unless made by primary legislation. The current Welsh rules are probably unlawful, but it appears that nobody has challenged them in court as yet.

The challenge would be based on the common law principle of proportionality, supported by Articles 8 and 11 ECHR. There might also be a vires challenge, depending on the statutory basis for the delegated legislation in question.

A court in Spain struck down a local travel ban a couple of weeks ago, but I am not sure if the ban has been upheld on appeal or replaced by a new one.

Cue the fanboys of arbitrary government, saying "all such rules are for your own good and none must question them, ever, ever, ever".

Edited by anonymous-user on Thursday 22 October 16:38