New (11/06) CoVid regulations for boats.
- Thread starter st599
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mainsail1
Well-known member
Wins the Stupid Prize from me.
Sticky Fingers
Well-known member
Nothing new in there AFAICS
atol
Well-known member
still allowed to sleep on my boat as it is my primary residence though unclear about anchoring in different places and sleeping on it,although that would be difficult as not allowed to stay anywhere else but my primary residence......
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Stork_III
Well-known member
Did you miss this bit?
"You must not stay overnight on any boat, unless it’s your primary residence. "
NotBirdseye
Well-known member
Please note that those rules are only for fudging England... nothing make me want to go independent than a healthy dose of Westminster stupidity
Just_sayin'
Well-known member
I didn't miss the part that says it's only guidance which makes it farcical, and explains the large number of boats at anchor overnight in The Solent at the weekends.
Lucky Duck
Well-known member
As above, it is guidance rather than new regulations.
Given that the regulations saying you needed a reasonable excuse to leave and be away home during the day have gone I am uncertain why so much prose was needed.
Given that the regulations saying you needed a reasonable excuse to leave and be away home during the day have gone I am uncertain why so much prose was needed.
Lucky Duck
Well-known member
However some of it is backed by law such as needing a reasonable excuse to say overnight away from home
Sticky Fingers
Well-known member
No, I didn't miss it but it's not new.
DJE
Well-known member
Not much about the coast after the title.
NotBirdseye
Well-known member
For mere mortals guidance is not much use. It's simply enough to take a look at the regulations and most of us generally understand what we should and should no be doing... whether we choose to abide by that or wiggle ourselves out of it... is an art form displayed widely here.
Instead guidance is used for decision making, by public bodies mostly (police, doctors, teachers, councils...). Some businesses also make use of it. The reason is predominantly due to litigation and covering ones own rear. That's why there is so much text and guidance... so we can blame the government. It doesn't follow that the guidance is what the law says or even that by following the guidance that you are complying with the law. (Welcome to legal hell). If the government have said to do something, but it falls foul of the regulations (the meaning of law is decided solely by the courts), then you generally have a defense... because how could plebs possibly follow the law if those at the top don't understand it properly. (This should also answer the 'calling it guidance is farcical' argument too.).
Instead guidance is used for decision making, by public bodies mostly (police, doctors, teachers, councils...). Some businesses also make use of it. The reason is predominantly due to litigation and covering ones own rear. That's why there is so much text and guidance... so we can blame the government. It doesn't follow that the guidance is what the law says or even that by following the guidance that you are complying with the law. (Welcome to legal hell). If the government have said to do something, but it falls foul of the regulations (the meaning of law is decided solely by the courts), then you generally have a defense... because how could plebs possibly follow the law if those at the top don't understand it properly. (This should also answer the 'calling it guidance is farcical' argument too.).
Elessar
Well-known member
Guidelines not regulations as others have said.
Why can’t people understand the difference.?
Lucky Duck
Well-known member
I think there has been a deliberate attempt to conflate the two.
For example for the first two months government 'FAQs' talked about the once a day exercise rule while no such law existed in England
For example for the first two months government 'FAQs' talked about the once a day exercise rule while no such law existed in England
Babylon
Well-known member
For all its faults, there is wisdom in an old political system that operates on persuasion and consensus - all lubricated by industrial quantities of fudge - rather than the freshly-minted absolutism of devolved governments.
Looking forward to doing some more hill walking in the Brecon Beacons this summer...maybe?!
mainsail1
Well-known member
I think you will find that the so called guidelines are now backed up by law as of 1 June.
Sticky Fingers
Well-known member
Yes, in a stable door moment, that is now the situation - enacted via Stat Instrument not an AoP. Para 6 is the one that refers to this.
Babylon
Well-known member
Then why are they still using the term "guidance"?
Seven Spades
Well-known member
Paragraph g (II) is the get out clause. If you have consumed too much alcohol to drive you are allowed to stay onboard.
MJWF
Member
I dont think it needs to be that complicated. The law says you need a "reasonable excuse". 6 (2) lists some reasonable excuses but that list isn't exhaustive as shown by the word "includes".
So what is reasonable? That would be for a court to decide. The english law is purposive.
Purposive approach - Wikipedia
That means to interpret the meaning you need to look at what the drafters of the law are trying to achieve. Given this is an SI it didnt get debated in parliament so there isn't much to go on. However the government has said the objective is to minimise the spread of a disease, in part by limiting how far people travel and that "common sense" and "instinct" should be used in conjunction with the guidlines. This will involve the balancing of risks as the reasonableness of an excuse typically implies an assessmement of proportionality. If you behave in a way that presents minimal risk of spreading the disease or any other negative impact to others (for example staying locally on your boat at anchor) then that i think is arguably a reasonable excuse for not going home over night when to do so would be unduly burdensome.