Regulation 11
1. In this Schedule “commencement day” means the day on which these Regulations came into force.
2.—(1) Regulation 5 of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (enforcement of the requirement to self-isolate) is amended as follows.
(2) In paragraph (1)—
(a)at the start of sub-paragraph (b), insert “where the authorised person is a constable,”;
(b)in sub-paragraph (c), after “where”, insert “the authorised person is a constable and”.
(3) In paragraph (3), for “An authorised person” substitute “A constable”.
3.—(1) The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 are amended as follows.
(2) In regulation 7 (enforcement of requirement)—
(a)in paragraph (4), at the start of sub-paragraph (b), insert “where the relevant person is a constable,”;
(b)in paragraph (5), for “relevant person” substitute “constable”.
(3) In regulation 9 (fixed penalty notices), for paragraph (1) substitute—
“(1) An authorised person may issue a fixed penalty notice to any person that the authorised person reasonably believes—
(a)has committed an offence under these Regulations, and
(b)is (in the case of an individual) aged 18 or over.”.
4. Despite the amendments made to regulation 9 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 (“the No. 2 Regulations”) by paragraph 3, that regulation continues in force as it had effect immediately before commencement day in relation to any offence committed under the No. 2 Regulations before that day.
5. The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 are amended in accordance with paragraphs 6 to 12.
6. In regulation 1 (citation, commencement, application and interpretation), in paragraph (4), before the definition of “child” insert—
““the 1980 Act” means the Magistrates’ Court Act 1980(1);”.
7. In regulation 2 (directions by local authorities: general), in paragraph (4), for the words from “its director” to the end substitute—
“—
(a)its director of public health or its interim or acting director of public health (as the case may be), or
(b)a registered public health consultant approved for the purposes of this regulation by a person mentioned in sub-paragraph (a).”.
8. In regulation 4 (directions relating to individual premises)—
(a)in paragraph (9)—
(i)for sub-paragraph (a) substitute—
“(a)appeal to a magistrates’ court in accordance with the 1980 Act against—
(i)the direction, or
(ii)a determination, made following a review of a direction under regulation 2(2)(b), not to revoke the direction (a “review determination”), and”;
(ii)in sub-paragraph (b), after “direction” insert “or a review determination”;
(b)after paragraph (9) insert—
“(9A) The 1980 Act applies to the proceedings on an appeal under paragraph (9)(a).
(9B) An appeal under paragraph (9)(a), or representations under paragraph (9)(b) (as the case may be), must be made within the period of 28 days beginning—
(a)in the case of an appeal against, or representations about, a direction, with the day on which the direction was issued;
(b)in the case of an appeal against, or representations about, a review determination, with the day on which the determination was made.”.
9. In regulation 5 (directions relating to events)—
(a)in paragraph (9)—
(i)for sub-paragraph (a) substitute—
“(a)appeal to a magistrates’ court in accordance with the 1980 Act against—
(i)the direction, or
(ii)a determination, made following a review of a direction under regulation 2(2)(b), not to revoke the direction (a “review determination”), and”;
(ii)in sub-paragraph (b), after “direction” insert “or review determination”;
(b)after paragraph (9) insert—
“(9A) The 1980 Act applies to the proceedings on an appeal under paragraph (9)(a).
(9B) An appeal under paragraph (9)(a), or representations under paragraph (9)(b) (as the case may be), must be made within the period of 28 days beginning—
(a)in the case of an appeal against, or representations about, a direction, with the day on which the direction was issued;
(b)in the case of an appeal against, or representations about, a review determination, with the day on which the determination was made.”.
10. In regulation 6 (directions relating to public outdoor places)—
(a)in paragraph (5)—
(i)for sub-paragraph (a) substitute—
“(a)appeal to a magistrates’ court in accordance with the 1980 Act against—
(i)the direction, or
(ii)a determination, made following a review of a direction under regulation 2(2)(b), not to revoke the direction (a “review determination”), and”;
(ii)in sub-paragraph (b), after “direction” insert “or a review determination”;
(b)after paragraph (5) insert—
“(5A) The 1980 Act applies to the proceedings on an appeal under paragraph (5)(a).
(5B) An appeal under paragraph (5)(a), or representations under paragraph (5)(b) (as the case may be), must be made within the period of 28 days beginning—
(a)in the case of an appeal against, or representations about, a direction, with the day on which the direction was issued;
(b)in the case of an appeal against, or representations about, a review determination, with the day on which the determination was made.”.
11. In regulation 14 (fixed penalty notices)—
(a)for paragraph (1) substitute—
“(1) An authorised person may issue a fixed penalty notice to any person that the authorised person reasonably believes—
(a)has committed an offence under these Regulations, and
(b)is (in the case of an individual) aged 18 or over.”;
(b)in paragraph (12)(a)—
(i)at the end of paragraph (i), omit “or”;
(ii)at the end of paragraph (ii), for “and” substitute “or”;
(iii)after paragraph (ii), insert—
“(iii)an offence under regulation 13(1)(e) of failing to comply with a prohibition notice, and”.
12. In regulation 17 (directions by county councils), in paragraph (4) for the words from “its director” to the end substitute—
“—
(a)its director of public health or its interim or acting director of public health (as the case may be), or
(b)a registered public health consultant approved for the purposes of this regulation by a person mentioned in sub-paragraph (a).”.
13.—(1) Despite the amendment of regulations 4 to 6 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 (“the No. 3 Regulations”) by paragraphs 8 to 10, the No. 3 Regulations continue in force in relation to an existing direction as they had effect immediately before commencement day.
(2) For the purposes of sub-paragraph (1) “an existing direction” means a direction which was given by a local authority under regulation 4(1), 5(1) or 6(1) of the No. 3 Regulations before commencement day.
(3) Despite the amendments made to regulation 14 of the No. 3 Regulations by paragraph 11, that regulation continues in force as it had effect immediately before commencement day in relation to any offence committed under the No. 3 Regulations before that day.
14. The Collection of Contact Details Regulations are amended in accordance with paragraphs 15 to 21.
15.—(1) Regulation 4 (interpretation) is amended as follows.
(2) The existing text becomes paragraph (1).
(3) In paragraph (1)—
(a)after the definition of “emergency responder”, insert—
““listed service or activity” means a service or activity listed in the Schedule;”;
(b)in the definition of “relevant person”, for “service or activity listed in the Schedule” substitute “listed service or activity”;
(c)omit the definition of “relevant premises”.
(4) After paragraph (1) insert—
“(2) For the purposes of these Regulations “relevant premises” are premises (whether indoors or outdoors) that are occupied or operated for the purpose of providing any listed service or activity directly to the public.
(3) But where only part of any premises is occupied or operated for the purpose of providing any such service or activity, it is that part of the premises which is the “relevant premises” for the purposes of these Regulations.
(4) In addition—
(a)where any main premises are multi-use premises, each part of those premises that is a Part 1 premises is, as well as the main premises, to be treated as “relevant premises” for the purposes of these Regulations;
(b)where more than one Part 1 service provider provides a Part 1 service from any main premises, each part of those premises from which each Part 1 service provider provides a Part 1 service is, as well as the main premises and the Part 1 premises, to be treated as “relevant premises” for the purposes of these Regulations.
(5) But paragraph (4)(b) does not apply to any part of any premises if the only areas provided for consumption of food and drink on the premises by customers of the Part 1 service provider providing a Part 1 service from that part are shared with one or more other Part 1 service providers.
(6) For the purposes of paragraphs (4) and (5)—
“main premises” means premises falling within paragraph (2) or (3);
“multi-use premises” means premises that are occupied or operated for the purposes of providing directly to the public—
any Part 1 service, and
any service or activity listed in Part 2 of the Schedule;
“Part 1 premises” means premises which are occupied or operated for the purposes of providing any Part 1 service directly to the public;
“Part 1 service” means a service or activity which is listed in Part 1 of the Schedule;
“Part 1 service provider” means a person providing a Part 1 service.”.
16. In regulation 8 (requirement to request certain details of those in a group), in paragraph (2), for sub-paragraphs (a) and (b) substitute—
“(a)one member of the group (“M”), as the point of contact for that group, provides the information—
(i)set out in regulation 10(1)(a) to (e) (as appropriate) for M only, and
(ii)set out in regulation 10(1)(f) in relation to the group, or
(b)every member of the group provides the information set out in regulation 10(1).”.
17.—(1) Regulation 9 (cases to which requirements in regulations 6 to 8 apply) is amended as follows.
(2) In paragraph (1)—
(a)in sub-paragraph (a), for “a service or participate in an activity” substitute “or participate in a listed service or activity”;
(b)in sub-paragraph (b), for “service or an activity” substitute “listed service or activity”.
(3) In paragraph (2), after sub-paragraph (c) insert—
“(d)where the relevant premises contain a polling station for a relevant election or referendum—
(i)for the sole purpose of voting in the election or referendum, or
(ii)if the person is required or entitled to attend at the polling station other than for the purpose of voting (for example, as a presiding officer, polling agent, companion or observer), for the sole purpose of so attending at the polling station.”.
(4) After paragraph (2) insert—
“(3) For the purposes of paragraph (2)(d) “relevant election or referendum” means an election or referendum which is held in accordance with provision made by or under an Act of Parliament.”.
18. In regulation 11 (additional details to be recorded by a relevant person)—
(a)in paragraph (1)(c), after “provides a” insert “listed”;
(b)in paragraph (2), after “whom the” insert “listed”.
19. In regulation 18 (fixed penalty notices), for paragraph (1) substitute—
“(1) An authorised person may issue a fixed penalty notice to any person that the authorised person reasonably believes—
(a)has committed an offence under these Regulations, and
(b)is (in the case of an individual) aged 18 or over.”.
20. After regulation 18 insert—
18A. A designation made, or treated as made, in exercise of the powers conferred by regulation 11(3)(b) or 11(9)(a) of the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 is to be treated as if it had been made in exercise of the powers conferred by regulation 18(3)(b) or (11)(a), as appropriate, of these Regulations.”.
21. In the Schedule (listed services)—
(a)in paragraph 1—
(i)in sub-paragraph (1), for “paragraph” substitute “sub-paragraph”;
(ii)for sub-paragraph (2) substitute—
“(2) Sub-paragraph (1) does not include services provided—
(a)to an individual who is homeless, within the meaning of section 175 of the Housing Act 1996(2), or
(b)by a workplace canteen which is open only to staff at that workplace.”;
(b)in paragraph 2—
(i)omit sub-paragraph (b);
(ii)in sub-paragraph (c), after “betting” insert “shops”.
22. Despite the amendments made to the Collection of Contact Details Regulations by paragraphs 14 to 21, the Collection of Contact Details Regulations continue in force as they had effect immediately before commencement day in relation to any offence committed under those Regulations before that day.
23. In regulation 4 of the Obligations of Undertakings Regulations (fixed penalty notices), for paragraph (1) substitute—
“(1) An authorised person may issue a fixed penalty notice to any person that the authorised person reasonably believes—
(a)has committed an offence under these Regulations, and
(b)is (in the case of an individual) aged 18 or over.”.
24. Despite the amendments made to regulation 4 of the Obligations of Undertakings Regulations by paragraph 23, that regulation continues in force as it had effect immediately before commencement day in relation to any offence committed under the Obligations of Undertakings Regulations before that day.
25. The Self-Isolation Regulations are amended in accordance with paragraphs 26 to 34.
26.—(1) Regulation 2 (requirements on person notified of positive test for acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and close contacts of such persons) is amended as follows.
(2) In paragraph (1), in the words before sub-paragraph (a), after “paragraph (4)” insert “(“the relevant person”)”.
(3) After paragraph (1) insert—
“(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.”.
(4) For paragraph (2) substitute—
“(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).”.
(5) In paragraph (3)(b), after paragraph (vii), insert—
“(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,”.
(6) In paragraph (4)—
(a)in the words before sub-paragraph (a), for “paragraphs (1) and (2)” substitute “paragraph (1)”;
(b)in sub-paragraph (b) omit “or section 108 of the National Health Service (Scotland) Act 1978”.
(7) After paragraph (5) insert—
“(6) In this regulation—
“coronavirus related research” means health research (within the meaning given in section 110(3) of the Care Act 2014(3)) which—
relates to the transmission, diagnosis or prevention of coronavirus; and
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(4) (see section 457 of that Act).”.
27. In regulation 3 (period of self-isolation)—
(a)in paragraph (1)—
(i)omit “specified”;
(ii)after “2(2)” insert “, (2C), (2D), or (2G) (as the case may be)”;
(b)in paragraph (3)(b), after “case,” insert “with”.
28.—(1) Regulation 5 (interpretation of Part 1) is amended as follows.
(2) The existing text becomes paragraph (1).
(3) In paragraph (1), in the definition of “P”, after “2(2)” insert “, (2C), (2D) or (2G) (as the case may be)”.
(4) After paragraph (1) insert—
“(2) For the purposes of this Part (other than regulation 4), references to a “local authority” include references to a county council.”.
29.—(1) Regulation 10 (enforcement) is amended as follows.
(2) In paragraph (1)(b)—
(a)at the start insert “where the authorised person is a constable,”;
(b)for “that” substitute “where”.
(3) In paragraph (2), for “An authorised person” substitute “A constable”.
(4) In paragraph (6), omit sub-paragraphs (c) and (d).
30. In regulation 11 (offences), in paragraph (7)—
(a)in sub-paragraph (a), for “2(2)(a)(ii), (b), (c)(ii) or (d)” substitute “2(2)(b), (2D)(b) or (2H) (as the case may be)”;
(b)in sub-paragraph (b), for “for the purpose of” substitute “in”.
31.—(1) Regulation 12 (fixed penalty notices) is amended as follows.
(2) For paragraph (1) substitute—
“(1) An authorised person may issue a fixed penalty notice to any person that the authorised person reasonably believes—
(a)has committed an offence under these Regulations, and
(b)is (in the case of an individual) aged 18 or over.”.
(3) In paragraph (3)(c) for “(8)” substitute “(8C)”.
(4) For paragraphs (4) to (8) substitute—
“(4) In the case of a fixed penalty notice issued to an individual in respect of an offence mentioned in paragraph (5), the amount of the fixed penalty to be specified under paragraph (3)(c) is as follows—
(a)if the fixed penalty notice is the first one issued to that individual in respect of such an offence, the amount is £1,000;
(b)if it is the second fixed penalty notice so issued, the amount is £2,000;
(c)if it is the third fixed penalty notice so issued, the amount is £4,000;
(d)if it is the fourth or subsequent fixed penalty notice so issued, the amount is £10,000.
(5) The offences referred to in paragraph (4) are—
(a)the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 2;
(b)an offence under regulation 11(3) other than a corporate offence;
(c)an offence under regulation 11(4);
(d)an offence under regulation 11(7).
(6) In the case of a fixed penalty notice issued to a person in respect of an offence mentioned in paragraph (7), the amount of the fixed penalty to be specified under paragraph (3)(c) is as follows—
(a)if the fixed penalty notice is the first one issued to that person in respect of such an offence, the amount is £1,000;
(b)if it is the second fixed penalty notice so issued, the amount is £2,000;
(c)if it is the third fixed penalty notice so issued, the amount is £4,000;
(d)if it is the fourth or subsequent fixed penalty notice so issued, the amount is £10,000.
(7) The offences referred to in paragraph (6) are—
(a)where the person to whom the notice is issued is an individual—
(i)the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 7 (whether it is a corporate offence or not);
(ii)an offence under regulation 11(3) which is a corporate offence;
(b)otherwise—
(i)the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 7;
(ii)an offence under regulation 11(3).
(8) For the purposes of paragraphs (5) and (7) “corporate offence” means an offence in relation to which regulation 11(8) applies.
(8A) In the case of a fixed penalty notice issued to a person in respect of the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 8 or 9(2), the amount of the fixed penalty to be specified under paragraph (3)(c) is £50.
(8B) In the case of a fixed penalty notice issued to a person in respect of the offence described in regulation 11(1) of contravening, without reasonable excuse, a requirement in regulation 9(4) or (6), the amount of the fixed penalty to be specified under paragraph (3)(c) is £1,000.
(8C) In the case of a fixed penalty notice issued to a person in respect of an offence under regulation 11(2), the amount of the fixed penalty to be specified under paragraph (3)(c) is—
(a)if the fixed penalty notice is the first issued to the person in respect of such an offence, £4,000;
(b)if it is the second or subsequent fixed penalty notice so issued, £10,000.”.
(5) In paragraph (12), in the definition of “designated officer”, for “this this” substitute “this”.
32. In regulation 14 (power to use and disclose information)—
(a)in paragraph (2)—
(i)in sub-paragraph (a)(iv) for “individual.” substitute “individual,”;
(ii)omit the words from “for the purposes” to “number of the individual”;
(b)in paragraph (8), after sub-paragraph (b) insert—
“(c)“contact details”, in relation to an individual, means their name, address and telephone number.”.
33.—(1) Regulation 17 (designations) is amended as follows.
(2) The existing text becomes paragraph (1).
(3) In paragraph (1)—
(a)omit “9(13) or”;
(b)for “regulations 10(6) and” substitute “regulation”;
(4) After paragraph (1), insert—
“(2) A designation made, or treated as made, in exercise of the powers conferred by regulation 11(9)(a) of the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 (“the Principal Regulations”) is to be treated as a designation of a person as an authorised person for the purposes of regulation 12 of these Regulations.
(3) A designation made, or treated as made, in exercise of the powers conferred by regulation 11(3)(b) of the Principal Regulations is to be treated as a designation of a person as a designated officer for the purposes of regulation 12 of these Regulations.”.
34. After regulation 17 insert—
18. For the purposes of this Part, references to a “local authority” include references to a county council.”.
35.—(1) A relevant notification continues to have effect on and after commencement day as if it had been given by a person employed or engaged by the health service (within the meaning of section 275 of the National Health Service Act 2006(5)).
(2) For the purposes of sub-paragraph (1) “relevant notification” means a notification which—
(a)was given by a person employed or engaged for the purposes of the health service (within the meaning given in section 108 of the National Health Service (Scotland) Act 1978(6)) under regulation 2(1) of the Self-Isolation Regulations before commencement day, and
(b)had not, immediately before that day, been withdrawn.
(3) Despite the amendments made to regulations 2(4)(b) and 11 of the Self-Isolation Regulations by paragraphs 26(5) and 30, regulation 11 continues in force as it had effect immediately before commencement day in relation to any offence committed under the Self-Isolation Regulations before that day.
(4) Despite the amendments made to regulation 12 of the Self-Isolation Regulations by paragraph 31, that regulation continues in force as it had effect immediately before commencement day in relation to any offence committed under the Self-Isolation Regulations before that day.
1996 c. 52. Section 175 has been amended by section 1 of the Homelessness Reduction Act 2017 (c. 13).