The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020

Requirements on person notified of positive test for acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and close contacts of such persons E+W

2.—(1) This regulation applies where an adult is notified, other than by means of the NHS Covid 19 smartphone app developed and operated by the Secretary of State, by a person specified in paragraph (4) [F1 (“the relevant person”)] that—

(a) they have—

(i) tested positive for severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) (“coronavirus”) pursuant to a test after 28th September 2020, or

(ii) had close contact after 28th September 2020 with someone who has tested positive for coronavirus;

(b) a child in respect of whom they are a responsible adult has—

(i) tested positive for coronavirus pursuant to a test after 28th September 2020, or

(ii) come into close contact after 28th September 2020 with someone who has tested positive for coronavirus.

[F2 (1A) For the purposes of paragraph (1), a notification has effect if given—

(a) orally (either in person or by telephone);

(b) by text message;

(c) by email; or

(d) by letter.]

[F3 (2) Where paragraph (1)(a)(i) applies, the person notified must—

(a) self-isolate for the period of self-isolation; and

(b) notify the relevant person of the name of each person living in the same household as P.

(2A) But paragraph (2) does not apply if—

(a) the person (“RP”) notified is taking part in coronavirus related research;

(b) RP has previously been notified that they have tested positive for coronavirus pursuant to paragraph (1)(a)(i); and

(c) the test pursuant to which RP is now being notified under paragraph (1)(a)(i) was carried out within the relevant period determined in accordance with paragraph (2B).

(2B) For the purposes of paragraph (2A)(c), the relevant period is—

(a) the period of 90 days beginning with the date of the first test pursuant to which RP was previously notified under paragraph (1)(a)(i) (“the original period”);

(b) where the original period has ended, the period of 90 days beginning with the date of the first test pursuant to which RP was previously notified under paragraph (1)(a)(i) after the end of the original period (the “subsequent period”);

(c) where the subsequent period has ended, the period of 90 days beginning with the date of the first test pursuant to which RP was previously notified under paragraph (1)(a)(i) after the end of the subsequent period, and so on.

(2C) Where paragraph (1)(a)(ii) applies, the person notified must self-isolate for the period of self-isolation unless—

(a) they are taking part in coronavirus related research, and

(b) that research cannot be completed if they self-isolate.

(2D) Where paragraph (1)(b)(i) applies, R must—

(a) secure, so far as reasonably practicable, that the child self-isolates for the period of self-isolation; and

(b) notify the relevant person of the name of each person living in the same household as the child.

(2E) But paragraph (2D) does not apply if—

(a) the child (“RC”) is taking part in coronavirus related research;

(b) R has previously been notified that RC has tested positive for coronavirus pursuant to paragraph (1)(b)(i); and

(c) the test pursuant to which R is now being notified under paragraph (1)(b)(i) in respect of RC was carried out within the relevant period determined in accordance with paragraph (2F).

(2F) For the purposes of paragraph (2E)(c), the relevant period is—

(a) the period of 90 days beginning with the date of the first test pursuant to which R was previously notified under paragraph (1)(b)(i) that RC had tested positive for coronavirus (“the original period”);

(b) where the original period has ended, the period of 90 days beginning with the date of the first test pursuant to which R was previously notified under paragraph (1)(b)(i) that RC had tested positive for coronavirus after the end of the original period (the “subsequent period”);

(c) where the subsequent period has ended, the period of 90 days beginning with the date of the first test pursuant to which R was previously notified under paragraph (1)(b)(i) that RC had tested positive for coronavirus after the end of the subsequent period, and so on.

(2G) Where paragraph (1)(b)(ii) applies, R must secure, so far as reasonably practicable, that the child self-isolates for the period of self-isolation unless—

(a) the child is taking part in coronavirus related research, and

(b) that research cannot be completed if the child self-isolates.

(2H) In addition, P or, where P is a child, R must, if requested by the relevant person, notify that person of the address at which P will remain pursuant to the restriction in paragraph (3)(a).]

(3) in paragraph (2), “self-isolate” means P is subject to the following restrictions—

(a) P must remain in—

(i) P's home;

(ii) the home of a friend or family member of P or of R where P is a child; or

(iii) bed and breakfast accommodation, accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999 M1 or other suitable place;

(b) P may not leave the place specified in sub-paragraph (a) except where necessary—

(i) to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner, including to access—

(aa) services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical or health practitioners, or

(bb) services relating to mental health,

(ii) to access veterinary services, where this is required urgently or on the advice of a veterinary surgeon,

(iii) to fulfil a legal obligation, including attending court or satisfying bail conditions, or participating in legal proceedings,

(iv) to avoid a risk of harm,

(v) to attend a funeral of a close family member,

(vi) to obtain basic necessities, such as food and medical supplies for those in the same household (including any pets or animals in the household) where it is not possible to obtain these provisions in any other manner,

(vii) to access critical public services, including social services, and services provided to victims (such as victims of crime),

[F4 (viia) where paragraph (1)(a)(ii) or (b)(ii) applies but P is not exempt from the duty to self-isolate by virtue of paragraph (2C)(b) or (2G)(b), to take part in coronavirus related research as a close contact,]

(viii) to move to a different place specified in sub-paragraph (a), where it becomes impracticable to remain at the address at which they are.

(4) The persons specified for the purpose of [F5 paragraph (1)] are—

(a) the Secretary of State;

(b) a person employed or engaged for the purposes of the health service (within the meaning of section 275 of the National Health Service Act 2006(7) F6 ...);

(c) a person employed or engaged by a local authority.

(5) If a person specified in paragraph (4) notifies P, or R where P is a child, that a notification referred to in paragraph (1) in respect of P is withdrawn, such notification shall be deemed never to have been given for the purposes of these Regulations.

[F7 (6) In this regulation—

“coronavirus related research” means health research (within the meaning given in section 110(3) of the Care Act 2014) which—

(a)

relates to the transmission, diagnosis or prevention of coronavirus; and

(b)

is carried out by, or on behalf of, a person who has approval from an ethics review body to carry out that research;

“period of self-isolation” means the period calculated in accordance with regulation 3.

(7) For the purposes of paragraph (6) “ethics review body” means—

(a) a research ethics committee recognised or established by the Health Research Authority under the Care Act 2014 (see section 109 of that Act); or

(b) a body appointed by any of the following for the purposes of assessing the ethics of research involving individuals—

(i) the Secretary of State;

(ii) the Secretary of State acting jointly with the Scottish Ministers, the Welsh Ministers or a Northern Ireland department;

(iii) an institution that is a research institution for the purposes of Chapter 4A of Part 7 of the Income Tax (Earnings and Pensions) Act 2003 (see section 457 of that Act).]

Textual Amendments

F1 Words in reg. 2(1) inserted (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), reg. 1(1), Sch. para. 26(2) (with Sch. para. 35)

F2 Reg. 2(1A) inserted (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), reg. 1(1), Sch. para. 26(3) (with Sch. para. 35)

F3 Reg. 2(2)-(2H) substituted for reg. 2(2) (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), reg. 1(1), Sch. para. 26(4) (with Sch. para. 35)

F4 Reg. 2(3)(b)(viia) inserted (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), reg. 1(1), Sch. para. 26(5) (with Sch. para. 35)

F5 Words in reg. 2(4) substituted (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), reg. 1(1), Sch. para. 26(6)(a) (with Sch. para. 35)

F6 Words in reg. 2(4)(b) omitted (2.12.2020) by virtue of The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), reg. 1(1), Sch. para. 26(6)(b) (with Sch. para. 35)

F7 Reg. 2(6)(7) inserted (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), reg. 1(1), Sch. para. 26(7) (with Sch. para. 35)

Commencement Information

I1 Reg. 2 in force at 28.9.2020, see reg. 1(2)

Marginal Citations

M1 1999.c.33. Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c. 41), by section 10(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), by section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c. 13), and by paragraph 1 of Schedule 11 to the Immigration Act 2016 (c. 19). Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 and by paragraph 29 of Schedule 10 to the Immigration Act 2016.