Part 1: Main Provisions Section 37 and Schedule 16: Temporary closure of educational institutions and childcare premises Part 1 – England and Wales
This section and Part 1 of the Schedule confer on the Secretary of State and the Welsh Ministers the power to direct, by "temporary closure direction", the temporary closure of educational institutions and providers in England and Wales respectively, including maintained schools, independent schools, 16-19 Academies, further education providers, and higher education providers.
	The Schedule provides equivalent powers in relation to registered childcare providers.
	Such temporary closure directions can apply to named educational institutions or childcare providers, all educational institutions or childcare providers (or all of them in a particular area of England or Wales respectively), or all educational institutions or childcare providers of certain descriptions.
	A temporary closure direction in respect of an educational institution requires the responsible body of that institution to take reasonable steps to secure that persons do not attend the premises of the institution for a specified period. A temporary closure direction in respect of a registered childcare provider requires the registered childcare provider to take the same steps in relation to the attendance of persons for purposes connected with the provision of childcare.
	Temporary closure directions can relate to specific steps to be taken, specified persons, specified premises or parts of premises, attendance for specified purposes, and can be framed in relation to relevant matters, or they can be general.
	Before giving a temporary closure direction, the Secretary of State must have regard to any advice from the Chief Medical Officer or one of the Deputy Chief Medical Officers, and must be satisfied that the direction is a necessary and proportionate action in response to the risk of transmission of COVID-19. A Welsh Minister must have regard to any advice from the Welsh Chief Medical Officer or one of the Welsh Deputy Chief Medical Officers, and must be satisfied that the direction is a necessary and proportionate action in response to the incidence of transmission of COVID-19.
	The provisions of a temporary closure direction are enforceable, on application by the Secretary of State or Welsh Minister respectively, by injunction.
	Where a temporary closure direction has effect in relation to a school there would be no breach or failure in relation to certain specified duties on Local Authorities to arrange for exceptional educational provision, or of specified duties in connection with school attendance orders in the case of non-attendance. Failure by a child to attend school is to be disregarded when considering whether an offence has been committed, in each case to the extent that any breach or failure is attributable to the direction.
	Where a temporary closure direction has effect in relation to a registered childcare provider in England, there would be no breach of the duty of a Local Authority to secure free early years provision under section 7 of the Childcare Act 2006, or of the Secretary of State’s duty to secure 30 hours’ free childcare under section 1 of the Childcare Act 2016. Her Majesty’s Chief Inspector of Education, Children’s Services and Skills must take the direction into account when dealing with any allegation that a registered childcare provider to which the direction applies has failed to meet any requirement specified under section 39(1)(a) or (b) of the Childcare Act 2006.
	Where a temporary closure direction has effect in relation to a registered childcare provider in Wales, there is no breach of the duty of a Local Authority to secure sufficient provision of nursery education under section 118 of the School Standards and Framework Act 1998 nor of the duty of the Welsh Ministers under section 1(1) of the Childcare Funding (Wales) Act 2019 to provide funding for childcare of working parents.
	The Welsh Ministers must also, in exercising functions under Part 2 of the Children and Families (Wales) Measure 2010, take the direction into account when dealing with any allegation that a registered childcare provider to which the direction applies has failed to meet any requirement specified under section 30(3) of that Measure.
	The Secretary of state or the Welsh Ministers respectively may authorise that a Local Authority exercise their functions with regards to the making of a temporary closure direction.
	Temporary closure directions must be published by the Secretary of State or Welsh Minister respectively