Sailing out of lockdown: What can I do and when can I do it?
The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Regulations”). came in to force at 1300hrs on 26 March 2020 and accompanied the Coronavirus Act 2020 (“the Act”) which came in to force on 15 March 2020. The Regulations are made by the Secretary of State by powers conferred by the Public Health (Control of Disease) Act 1984(a). There have been various amendments, all of which can be found here.
The Regulations did not and do not specifically impose closure restrictions on marinas. British Marine helpfully sought clarity from the UK Government as to how marinas should interpret and apply the Regulations. The Government confirmed to British Marine that there is no explicit requirement to close marinas [per Reg. 4 and Reg. 5] but that marinas should be treated the same way as ‘caravan parks’ which have been directed to close – save for specified exceptions as set out in Reg. 5(4)(a).
Under the Regulations, businesses responsible for providing holiday accommodation, whether “hotel, hostel, B&B, holiday apartment, home, cottage, bungalow, campsite, caravan park or boarding house must cease to carry on that business during the emergency period”. HOWEVER – per Reg. 5(4) (a) (i – iv) a business of this nature MAY continue to carry on their business and keep any premises used in that business OPEN :-
The June guidance
On 11 June 2020 the guidance (COVID-19 (coronavirus): using a boat inland and on the coast  was published. In a nutshell: marinas may now open to allow people to visit and move their boats, and should have measures in place to ensure social distancing.
The main restrictions remain i.e. that you must (at the time of writing) not stay overnight on any boat, unless it’s your primary residence. Operators should not allow skippered day boat hire or skippered day charter boat hire. Operators must not allow hire or charter with any overnight stays. Tourist and trip boat operators must remain closed. Tourist and trip boats will re-open when restrictions on ticketed leisure activities are lifted.
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