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Lockdown Guidance & Regulations

Posted: November 9th, 2020, 10:32 am
by Miles
The expression ‘unnecessary journey’ isn’t used in the regulations at all. The police can only take action if there is a breach of the law.

There is no specific restriction on using a boat, any boat. It is permissible to leave one’s home “to take exercise outside… in a public outdoor place”. It is also permissible to leave one’s home “to visit a public outdoor place for the purposes of open air recreation”.

There is no restriction, in law, on either the mode of transport, or the distance travelled, to go to the place of exercise or recreation. Neither exercise nor recreation is defined in the regulations, so the literal rule of statutory interpretation comes into play (do a search if you don’t know what it is).

Recreation is just about anything done for fun and/or enjoyment. Leisure boating on the Broads is done in a public outdoor space and is wonderful recreation, whether it’s a SUP, canoe, yacht or motor cruiser.

I will leave you with this quote from the RYA, “While guidance sets out how Governments expect people should behave, the regulations set out how people must behave and it is the regulations (rather than the guidance) that may be enforced within the law.”

It seems that too many people are focusing on ‘guidance’, which is different from just about every organisation, and totally inadequate and misleading from the Broads Authority, instead of concentrating on the regulations (which are easy enough to read and understand).