Is my staycation illegal? How the second lockdown affects UK holidays

Across the UK, there are increased restrictions on hospitality and group gatherings – but the country continues to have devolved laws against non-essential travel.

For example, from Thursday, the whole of England will be in lockdown – prohibiting all leisure travel – while Scotland still clings to a more nuanced approach.

Here's everything you need to know.

What are the rules for UK travel?

In England, under the second lockdown, all non-essential travel will be banned from 00:01 on Thursday November 5. The restrictions will last until December 2, at the earliest. All hotels and hospitality venues will be closed, and non-essential journeys – such as staycations, day trips and leisure travel – will be prohibited.

Non-essential overnight stays away from home will be forbidden.

The Government has advised, however, that people who are currently on holiday in the UK do not need to rush home before the lockdown comes into effect. This may benefit those that are booked into a self-catering property, but you must also comply with the wider lockdown rules while away from home. So, non-essential travel from your staycation rental will be prohibited.

In Scotland, a new five-level system will come into force from November 2. The central belt – which covers Edinburgh, Glasgow, Stirling and Falkirk – will join Dundee and Ayrshire in Level 3. Aberdeenshire, Aberdeen, Fife, the Borders, Dumfries and Galloway, Argyll and Bute, Perth and Kinross and Angus will be in Level 2. Highland, Moray, Western Isles, Orkney and Shetland will be in Level 1.

In Levels 0 to 3, hotels, self-catering rentals and hospitality venues may continue to operate – though currently no indoor socialising is permitted in any area. And there are myriad sub-restrictions: in Level 2, pubs may only serve alcohol indoors with a main meal; in Level 3, no alcohol sales are permitted indoors or out, and cafes/restaurants can only open until 6pm.

At present, no areas will be placed in levels 0 (fewest restrictions) or 4 (tightest restrictions).

In Wales, a 'firebreak' lockdown came into effect on Friday 23 October. Hotels and rental properties are closed. Food and drink venues can only offer a takeaway service, and socialising with other households is forbidden. The restrictions will be enforced until November 9, at the earliest.

In Northern Ireland, similar restrictions apply. Pubs and restaurants are closed until mid-November, with the exception of takeaways and deliveries. However, up to 15 people can meet indoors or outdoors – except in a home, static caravan or self-catering holiday home.

What are the penalties for breaking the rules?

In England, organisers of group gatherings may be fined up to £10,000. Individuals who fail to comply with group limits and social distancing can be fined £200, rising to £3,200 for repeat offenders.

In Wales, Scotland and Northern Ireland, penalties for rule-breaking start at £60 – but can be much larger depending on the severity or frequency of the offence.

I’ve booked a staycation – is it illegal now?

In England and Wales, all non-essential travel is now banned. This encompasses all types of holidays.

In Scotland, people in Level 3 or 4 are asked not to travel outside of their local area; those in lower-level areas are asked not to travel into councils in the higher restrictions.

Nicola Sturgeon has instructed Scots to avoid travel either domestically or internationally "unless they really need to do so". She continued: "If people don't abide by the travel advice, the virus will spread from high to lower prevalence areas. In these circumstances, we would have to return to national restrictions."

Also, if you intend to mix in a group of people that exceeds local social gathering laws, then yes – your trip is illegal. The rules apply to the likes of holidays, parties and family get-togethers – in self-catering properties, Airbnb rentals, hotels, restaurants and bars.

Can I get a refund for my holiday?

The prospect of refunds and rescheduling depends on the individual company – so we recommend that you contact them directly.

Those with affected bookings may benefit from Covid-19 flexibility within travel companies' booking terms. Many have made booking alterations more generous – giving customers the option to move dates, request vouchers or obtain refunds should the pandemic affect their ability to travel.

If booking a holiday rental property (where possible), you may now be asked to assert that your group size complies with the law.

Is a group camping trip off-limits too?

Yes, if it breaks the local rules on socialising or non-essential travel. If you're unsure, check with your campsite.

What about tour-group holidays in the UK – will they be cancelled now?

Your tour operator will advise, as there are a few loopholes. Some walking holidays, for example, may still go ahead – if the group doesn't break group gathering restrictions and only socialises outdoors, and sticks to areas where non-essential travel is permitted.

Can I go to Wales?

No. The firebreak lockdown will remain in place until November 9 (at least); until then, the land borders and roads will be monitored by police. Citizens of Wales must not leave the country for non-essential reasons either.

Can I go to Scotland?

In theory, yes – but the First Minister has urged people to avoid crossing the border with England. In some areas, hotels and hospitality remain open – but you should check the rules in your destination.

Can I go to Northern Ireland?

Yes, though some politicians have urged the Government to close the borders entirely. For now, they remain open – but you should check local laws in your destination.

Can I go to England?

No. From 00:01 on November 5, all non-essential travel is prohibited in England.