The Health Security (EU Exit) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in part in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union. The retained direct EU law concerned relates to health security.

Part 1 (starting with regulation 2) defines terms used in the Regulations. Regulation 3 identifies the bodies which are UK public health agencies for the purposes of the Regulations and makes provision about satisfying obligations under the Regulations where such an agency is also the UK focal point. Regulation 4 establishes a UK Health Protection Committee (“the Committee”). Regulation 5 sets out what constitutes a “serious cross-border health threat”.

Part 2 (starting with regulation 6) imposes an obligation on the UK public health agencies to carry out epidemiological surveillance on the communicable diseases and related special health matters listed in the Schedule in relation to their respective part of the United Kingdom. Regulation 6 also contains a power to allow the Secretary of State by regulations to amend the list of communicable diseases and related special health matters in the Schedule or to add or remove communicable diseases or related special health matters in respect of which epidemiological surveillance is to be undertaken. Regulation 6 adopts the case definitions for those diseases as contained in retained direct EU law on IP completion day. It also allows the Committee to create case definitions for new communicable diseases or related special health matters and to revise case definitions. Regulation 7 requires the Committee to establish procedures for collecting and sharing of information arising from epidemiological surveillance undertaken under this Part in order to harmonise and rationalise methodologies for such surveillance. It also requires the UK public health agency for England to provide quality assurance and to maintain databases in respect of such surveillance.

Part 3 (starting with regulation 8) relates to procedures for dealing with serious cross-border health threats across the United Kingdom and liaison with the European Union. Regulation 9 requires the UK authorities to consult each other about preparedness and response planning for such threats. Regulation 10 requires UK public health agencies to notify alerts to the UK focal point immediately when such threats arise. Regulation 11 makes provision for coordinating responses to such threats. Regulation 12 relates to the sharing of information where there are alerts about serious cross-border health threats which are not communicable diseases or related special health matters. Regulation 13 is made under powers in section 31 of the European Union (Future Relationship) Act 2020 (c. 29) in order to implement the Trade and Cooperation Agreement between the United Kingdom and the European Union in so far as it relates to health security.

Part 4 (regulation 14) makes provision about the regulations to be made under regulation 6(7) and (8). Part 5 (regulation 15) revokes the relevant retained direct EU law.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.