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Statutory Instruments

2020 No. 1045

Public Health, England

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

Approved by both Houses of Parliament

Made

at 5.00 p.m. on 27th September 2020

Laid before Parliament

28th September 2020

Coming into force

at 12.00 a.m on 28th September 2020

M1The Secretary of State in exercise of the powers conferred by sections 45B, 45C(1) and (3)(c), 45D, 45F(2), 45P and 45T(6) of the Public Health (Control of Disease) Act 1984 Act , makes the following Regulations.

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England.

The Secretary of State considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 45R of that Act the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.

Modifications etc. (not altering text)

C4Regulations applied (with modifications) (30.11.2021 at 4.00 a.m.) by S.I. 2021/582, reg. 3K(6)-(8) (as substituted by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 21) Regulations 2021 (S.I. 2021/1339), regs. 1(2), 5 (with reg. 16))

Marginal Citations

M11984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

Citation, commencement and applicationE+W

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020.

(2) These Regulations come into force on 28th September 2020.

[F1(3) These Regulations apply—

(a)in England;

(b)in the English territorial sea, but not in relation to excluded vessels.

(4) In this regulation—

“the English territorial sea” means the part of the territorial sea of the United Kingdom which is adjacent to England;

“excluded vessel” means a vessel which—

(a)

departed from a place other than a place in England, and

(b)

is to dock in a place other than a place in England.]

Textual Amendments

Commencement Information

I1Reg. 1 in force at 28.9.2020, see reg. 1(2)

PART 1E+W

[F2Meaning of self-isolateE+W

2.—(1) For the purposes of this Part “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,

(iii)bed and breakfast accommodation,

(iv)accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999, or

(v)another suitable place, and

(b)P must not leave the place specified in sub-paragraph (a) except where paragraph (2) applies.

(2) This paragraph applies where it is necessary for P to leave the place specified in paragraph (1)(a)—

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

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

(ii)services relating to mental health;

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

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

(d)to escape a risk of harm;

(e)to attend a funeral of a close family member;

(f)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;

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

(h)where paragraph (1)(a) F3... of regulation 2B applies to P but P is not exempt from the duty to self-isolate by virtue of paragraph (2)(b) or (3)(b) of that regulation, to take part in coronavirus related research as a close contact;

(i)to move to a different place specified in paragraph (1)(a), where it becomes impracticable to remain at the place at which they are;

(j)to attend a testing site to take a test for the detection of coronavirus;

(k)to accompany a child (“C”) for whom P is a responsible adult to a testing site, so that C can take a test for the detection of coronavirus;

(l)to post a completed home test for the detection of coronavirus [F4or antibodies to coronavirus] carried out by P, or any person living in the same household as P, in accordance with the postal testing scheme operated on behalf of the Secretary of State;

(m)to agree to participate F5... in a testing scheme (within the meaning of regulation 2D), where that agreement cannot be given from the place where P is self-isolating;

(n)where paragraph (1)(a) [F6, (ba) or (c)] of regulation 2B applies to P—

(i)to accompany an expectant mother (“K”) to any medical appointment related to the pregnancy throughout the antenatal period, at K’s request, or

(ii)to attend an expectant mother giving birth (“M”), at M’s request.

(3) For the purposes of paragraph (2)—

“the antenatal period” means the period beginning with the start of the pregnancy and ending with the onset of labour;

“testing site” means a site operated by, or on behalf of, the Secretary of State for the carrying out of tests for the detection of coronavirus.

Textual Amendments

Modifications etc. (not altering text)

Requirements on person notified of positive test result for coronavirusE+W

2A.—(1) This regulation applies where an adult is notified by a relevant person, other than by means of the NHS Covid 19 smartphone app developed and operated by the Secretary of State, that—

(a)they have tested positive for coronavirus, or

(b)a child in respect of whom they are a responsible adult has tested positive for coronavirus.

(2) Where paragraph (1)(a) 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.

(3) Where paragraph (1)(b) 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.

(4) But paragraph (2) or (3) (as the case may be) does not apply if—

(a)the person in respect of whom the notification is given under paragraph (1) (“NP”) is taking part in coronavirus related research,

(b)NP, or R where NP is a child, has previously been given a relevant notification (see paragraph 6), and

(c)the test pursuant to which NP or R is now being notified under paragraph (1)(a) or (b) (as the case may be) was carried out within the relevant period determined in accordance with paragraph (5).

(5) For the purposes of paragraph (4)(c), the relevant period is—

(a)the period of 90 days beginning with the date of the first test pursuant to which NP or R, where NP is a child, was previously given a relevant notification;

(b)where the period in sub-paragraph (a) (“the original period”) has ended, the period of 90 days beginning with the date of the first test pursuant to which—

(i)NP was previously given a relevant notification, or

(ii)where NP is a child, R was previously given a relevant notification,

after the end of the original period;

(c)where the period in sub-paragraph (b) (“the subsequent period”) has ended, the period of 90 days beginning with the date of the first test pursuant to which—

(i)NP was previously given a relevant notification, or

(ii)where NP is a child, R was previously given a relevant notification,

after the end of the subsequent period, and so on.

(6) For the purposes of paragraphs (4) and (5) “relevant notification” means—

(a)a notification under paragraph (1)(a), or

(b)where NP is a child, a notification under paragraph (1)(b) that NP has tested positive for coronavirus.

(7) In addition, P, or R where P is a child, must, if requested by a relevant person, notify that person of the address at which P will remain pursuant to the requirement in regulation 2(1)(a).

(8) If a relevant person 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 is deemed never to have been given for the purposes of these Regulations.

(9) This regulation is subject to regulation 2C.

Textual Amendments

Modifications etc. (not altering text)

Requirements on person notified as a close contact of a person who has tested positive for coronavirusE+W

2B.—(1) This regulation applies where an adult is notified by a relevant person, other than by means of the NHS Covid 19 smartphone app developed and operated by the Secretary of State, that—

(a)they have had close contact with someone who has tested positive for coronavirus, F7...

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(ba)they have had close contact with a person who has tested positive for coronavirus and that person is suspected of, or confirmed as, having an Omicron variant, or

(c)a child in respect of whom they are a responsible adult has had close contact with a person who has tested positive for coronavirus and that person is suspected of, or confirmed as, having an Omicron variant.]

(2) Where paragraph (1)(a) applies, the person notified must self-isolate for the period of self-isolation unless [F10paragraph (6) applies or]—

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

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

F11(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(3A) Where paragraph (1)(ba) applies, the person notified must self-isolate for the period of self-isolation.

(3B) Where paragraph (1)(c) applies, R must secure, so far as reasonably practicable, that the child self-isolates for the period of self-isolation.]

(4) In addition, P [F13, or R where P is a child,] F14... must if, requested by a relevant person, notify that person of the address at which P will remain pursuant to the requirement in regulation 2(1)(a).

(5) If a relevant person notifies P [F15, or R where P is a child,] F16... that a notification referred to in paragraph (1) in respect of P is withdrawn, such notification is deemed never to have been given for the purposes of these Regulations.

[F17(5A) Paragraph (5B) applies where P is an adult and a relevant person notifies P that the person who tested positive for coronavirus with whom P has had close contact does not have, or is no longer suspected of having, an Omicron variant.

(5B) In a case referred to in paragraph (5A), paragraph (1)(a) applies to P from the point at which the notification is received.]

[F18(6) This paragraph applies if—

[F19(a)the person (“NP”)—

(i)has completed a course of doses of—

(aa)an authorised vaccine, or

(bb)a vaccine under the United Kingdom vaccine roll-out overseas,

and the relevant day is more than 14 days after the day on which NP completed that course of doses, and

(ii)is able to provide proof that the requirement in paragraph (i) is satisfied to a relevant person or an authorised person upon request,]

[F20(b)NP—

(i)has participated, or is participating, in a relevant clinical trial of a vaccine for vaccination against coronavirus, and

(ii)is able to provide proof of such participation to a relevant person or an authorised person upon request,] or

(c)NP is able to provide evidence that, for clinical reasons, NP should not be vaccinated with any authorised vaccine.

(7) For the purposes of paragraph (6), a person has completed a course of doses if that person has received the complete course of doses[F21—

(a)specified—

(i)in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

(ii)in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 (supply in response to spread of pathogenic agents etc) of the Human Medicines Regulations 2012 for the authorised vaccine, or

(b)of a vaccine under the United Kingdom vaccine roll-out overseas as specified in the manufacturer’s guidance for that vaccine.]

[F22(7A) For the purposes of paragraph (6)(a)—

(a)“the relevant day” means—

(i)where the person who has tested positive for coronavirus with whom NP has had close contact (“C”) is a member of the same household as NP—

(aa)the date which C reported to a relevant person as the date on which symptoms first developed, or

(bb)if C has no symptoms of coronavirus, the day on which C took the test for coronavirus which resulted in a positive result, or

(ii)in any other case, the day on which NP had the close contact which resulted in the notification described in paragraph (1);

(b)proof that the requirement in paragraph (6)(a)(i)(aa) has been satisfied must be provided by—

(i)the NHS COVID pass, or equivalent from NHS Scotland, NHS Wales or the Department of Health in Northern Ireland,

(ii)the EU Digital COVID Certificate,

(iii)a North American Certificate,

(iv)a COVID-19 vaccination certificate issued by an approved third country or territory and considered by the European Commission to be equivalent to an EU Digital COVID Certificate issued in accordance with Regulation (EU) 2021/953,

(v)the Centers for Disease Control and Prevention vaccination card, or

(vi)a vaccine certificate,

and for these purposes, “NHS COVID pass”, “NHS Scotland”, “NHS Wales”, the “EU Digital COVID Certificate”, “North American Certificate” and “vaccine certificate” have the same meanings as in Part 1B of the International Travel Regulations.]

[F23(7AA) For the purposes of paragraph (6)(b)—

(a)“a relevant clinical trial” means—

(i)a clinical trial carried out in the United Kingdom in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004,

(ii)a clinical trial regulated in the United States of America by the Food and Drugs Administration, or

(iii)phase 2 (therapeutic exploratory studies) or phase 3 (clinical efficacy and safety studies) of a clinical trial regulated by an approved regulator;

(b)proof of participation in a relevant clinical trial referred to in sub-paragraph (a)(ii) or (iii) must be provided through—

(i)a vaccination card issued by the Centers for Disease Control and Prevention, in the case of a clinical trial referred to in sub-paragraph (a)(ii), or

(ii)a participation document, in the case of a clinical trial referred to in sub-paragraph (a)(iii).

(7AB) In paragraph (7AA)—

(a)“approved regulator” means—

(i)the European Medicines Agency, or

(ii)a regulatory authority (other than such an authority in the United Kingdom or the United States of America) which is designated as a Stringent Regulatory Authority by the World Health Organization;

(b)“participation document” means a document in English, French or Spanish issued by the competent health authority of the country or territory in which the relevant clinical trial is being, or was, carried out, or the person who is conducting, or conducted, the relevant clinical trial, which confirms—

(i)NP’s full name;

(ii)NP’s date of birth;

(iii)the name and manufacturer of the vaccine;

(iv)the country or territory in which the clinical trial is taking, or took, place;

(v)the regulatory authority responsible for the regulation of the clinical trial;

(vi)the phase of the clinical trial in which NP is participating or participated.]

[F24(7B) For the purposes of this regulation—

(a)NP is deemed to have completed a course of doses of an authorised vaccine if—

(i)NP has received at least 2 doses of any of the vaccines referred in sub-paragraph (c)(ii) of the definition of “authorised vaccine” in regulation 3A(2) of the International Travel Regulations, or

(ii)NP has received a dose of one authorised vaccine and a dose of a different authorised vaccine;

(b)NP is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas if—

(i)NP has received a dose of an authorised vaccine and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, or

(ii)NP has received a dose of one vaccine under the United Kingdom vaccine roll-out overseas, and a dose of a different vaccine under the United Kingdom vaccine roll-out overseas.]

(8) In this regulation—

[F25“authorised person” has the meaning given in regulation 12(12);]

[F26“authorised vaccine” has the same meaning as in Part 1B of the International Travel Regulations;]

“clinical trial” has the meaning given in regulation 2(1) (interpretation) of the Medicines for Human Use (Clinical Trials) Regulations 2004;

[F27“the International Travel Regulations” means the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021;]

“the licensing authority” has the meaning given in regulation 6(2) (the licensing authority and the Ministers) of the Human Medicines Regulations 2012;

[F28“marketing authorisation” has the same meaning as in Part 1B of the International Travel Regulations;]

“medicinal product” has the meaning given in regulation 2 (medicinal products) of the Human Medicines Regulations 2012.]

[F29“relevant document” means—

(a)

a letter issued by the NHS in response to an NHS COVID pass medical exemptions application,

(b)

a certification in paper or electronic form issued by NHS Scotland, or

(c)

a maternity certificate which satisfies the requirements of—

(i)

regulation 2(3) of the Social Security (Medical Evidence) Regulations 1976, or

(ii)

regulation 2 of the Statutory Maternity Pay (Medical Evidence) Regulations 1987;]

[F29“United Kingdom vaccine roll-out overseas” has the same meaning as in Part 1B of the International Travel Regulations.]

[F30(9) For the purposes of paragraph (1)(ba) and (c), a person (“A”) who has tested positive for coronavirus is suspected of, or confirmed as, having an Omicron variant where molecular testing (including PCR tests, genotyping or sequencing) has identified that A is suspected of having, or does have, an Omicron variant.]

Textual Amendments

Circumstances in which the requirement to self-isolate in regulation 2A ceases to applyE+W

2C.—(1) This regulation applies where—

(a)paragraph (1)(a) or (b) of regulation 2A applies to P,

(b)P is not taking part in coronavirus related research, and

(c)before the end of the period of self-isolation—

(i)P, or R where P is a child, is advised by a relevant person, other than by means of the NHS Covid 19 smartphone app developed and operated by the Secretary of State (“the app”), that P should take a [F31further PCR test] to confirm the result of the test that triggered the application of paragraph (1)(a) or (b) of regulation 2A to P,

(ii)P takes that further test, and

(iii)P or R (as the case may be) is notified by a relevant person, other than by means of the app, that the result of that test is negative.

(2) Where this regulation applies, paragraph (2) or (3) of regulation 2A (as the case may be) ceases to apply from the time when P or R (as the case may be) is notified as described in paragraph (1)(c)(iii).

[F32(3) If P is notified as described in paragraph (1)(c)(iii)—

(a)where P is required to self-isolate under regulation 2B, the requirements on P under regulation 2B are not affected;

(b)where P is participating in a testing scheme referred to in regulation 2D, the requirements on P as a participant of that testing scheme under regulation 2D are not affected.]

Textual Amendments

Requirements on persons who are close contacts of persons who have tested positive for coronavirus: exceptions for participants in a testing schemeE+W

2D.—(1) This regulation applies where—

(a)paragraph (1)(a) F33... of regulation 2B applies to P,

(b)P is not taking part in coronavirus related research,

(c)P was not, immediately before the relevant notification was given to P, or R where P is a child, subject to the requirement to self-isolate in [F34regulation 9 of the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021],

(d)P is eligible to participate in a testing scheme, and

(e)P agrees to participate F35... in that testing scheme.

(2) Regulation [F362B(2)] F37... does not apply, whilst P—

(a)remains eligible to participate in the testing scheme, and

(b)is participating in it in accordance with the requirements of the scheme.

(3) [F38Subject to paragraph (3A),] paragraph (2) ceases to apply to P from the relevant time if—

(a)the result of a test taken by P under the testing scheme is positive for coronavirus, or

(b)after the agreement is given as described in paragraph (1)(e), P receives a further notification F39... given under regulation 2B(1).

[F40(3A) Paragraph (3)(a) does not apply if—

(a)after P tested positive for coronavirus, P has taken a further PCR test, and

(b)P has been notified that the result of the further PCR test is negative.

(3B) If P tests positive for coronavirus in the further PCR test referred to in paragraph (3A), P ceases to be eligible to participate in the testing scheme in which P was participating at the time of the test, or any other testing scheme, during the period in which P is required to self-isolate.

(3C) If, while P is participating in a testing scheme, P is notified as described in regulation 2B(1)—

(a)P ceases to be eligible to participate in that testing scheme, but

(b)P may participate in a subsequent testing scheme.]

(4) For the purposes of paragraph (3) “the relevant time” is the time when P F41... receives the result of the test or the notification given under regulation 2B(1).

(5) Where—

(a)the result of the last test that P is required to take in accordance with the testing scheme is negative, and

(b)P F42... receives the result of that test before the end of P’s relevant period of self-isolation,

that period ends at the time when P F43... is notified of the result.

(6) For the purposes of this regulation—

“the relevant period of self-isolation” means the period of self-isolation which began when P F44... received the relevant notification;

“the relevant notification” means the notification given under regulation 2B which triggers the application of paragraph (1)(a) F45... of that regulation to P;

“testing scheme” means a scheme—

(a)

under which participants take a test for the detection of coronavirus at such intervals as are specified in the scheme for a period specified in the scheme, and at a place and in a manner specified in the scheme, and

(b)

which is approved by, or on behalf of, the Secretary of State.]

Textual Amendments

Period of self-isolationE+W

3.—[F46(1) The period of self-isolation for the purposes of this Part is calculated as follows.]

(2) The period begins from the moment notification is received by—

(a)P where P is an adult, or

(b)R where P is a child.

(3) The period ends with the final day of a period where [F47regulation 2A(1)(a) or (b)] applies, of ten days beginning—

(a)in a case where P, or R where P is a child, reports to a [F48relevant person] [F49the date] on which symptoms first developed [F50(“the reported date”)], with whichever is the later of—

[F51[F52(i)the date after the reported date, or]

(ii)where [F53the] reported date is five or more days before the date on which the test pursuant to which the notification referred to in [F54regulation 2A(1)] was given, the fourth day before the date of the test;]

(b)in any other case, [F55with] [F56the date after] the date of the test pursuant to which notification referred to in [F57regulation 2A(1)] was given;

(4) The period ends with the final day of a period where [F58regulation 2B(1)(a) [F59, (ba) or (c)] F60...] applies, of [F6110] days beginning—

(a)where P is living in the same household as the person (“C”) who tested positive for coronavirus—

(i)in a case where C, or R where C is a child, [F62reports] to a [F63relevant person] [F64the date] on which symptoms first developed [F65(“the reported date”)], with whichever is the later of—

[F66[F67(aa)the date after the reported date, or]

(bb)where [F68the] reported date is five or more days before the date on which the test pursuant to which the notification referred to in [F69regulation 2B(1)] was given, the fourth day before the date of the test;]

(ii)otherwise, with [F70the date after] the date of the test pursuant to which notification referred to in [F71regulation 2B(1)] was given;

(b)in any other case, [F72the date after the date] which a [F73relevant person] records as being the last date on which P last came into close contact with C before P received the notification referred to in [F74regulation 2B(1)].

Textual Amendments

Commencement Information

I2Reg. 3 in force at 28.9.2020, see reg. 1(2)

Amendment of the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020E+W

4.  The Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020 M2 are amended as follows—

(a)in regulation 4 (interpretation), in the definition of “local authority”, in paragraph (b) omit the words “for an area in which there is no County Council”;

(b)in regulation 14 (requirement to retain and disclose details), after “Secretary of State” insert “ or a Public Health Officer ”;

(c)in regulation 17 (offences and penalties)—

(i)in paragraph (1)(g), for “regulation 15” substitute “ regulation 14 ”,

(ii)after paragraph (1)(g), as so amended, insert “ ; (h) regulation 16 ”;

(d)in regulation 18 (fixed penalty notices)—

(i)in paragraph (7)(b), for “£3000”, substitute “ £4000 ”,

(ii)in paragraph 7(c), for “£4000”, substitute “ £10,000 ”,

(iii)in paragraph (8), for “relevant” substitute “ specified ”;

(e)in the Schedule (Listed Services), in paragraph 2(i), insert “ including gyms ” after “leisure centres”.

Commencement Information

I3Reg. 4 in force at 28.9.2020, see reg. 1(2)

Marginal Citations

[F75General interpretation] of Part 1E+W

5.—[F76(1)] In Part 1—

“adult” means a person aged 18 or over;

“child” means a person aged under 18;

“close contact” means—

(a)

having face-to-face contact with someone at a distance of less than 1 metre,

(b)

spending more than 15 minutes within 2 metres of an individual, [F77or]

(c)

travelling in a car or other small vehicle with an individual or in close proximity to an individual on an aeroplane;

[F78“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“coronavirus related research” has the meaning given in paragraph (4);]

[F79“Omicron variant” means the SARS-CoV-2 variant designated as B.1.1.529 by the World Health Organization;]

“P” means a person subject to the self-isolation requirement in [F80regulation 2A(2)(a), 2A(3)(a), [F812B(2), (3A) or (3B)]] [F82(as the case may be)];

[F83“PCR test” means a polymerase chain reaction test for coronavirus;]

“R” and “responsible adult” mean an adult who has—

(d)

custody or charge of a child for the time being, or

(e)

parental responsibility for a child within the meaning given in section 3 of the Children Act 1989.

[F84“relevant person” means—

(a)

the Secretary of State,

(b)

a person who is employed or engaged for the purposes of the health service (within the meaning of section 275 of the National Health Service Act 2006) in communicable disease control, or

(c)

a person employed or engaged by a local authority in communicable disease control;

“self-isolate” has the meaning given in regulation 2;]

[F85(2) For the purposes of this Part (other than regulation 4), references to a “local authority” include references to a county council.]

[F86(3) For the purposes of regulations 2A, 2B and 2C a notification or, as the case may be, advice has effect if given—

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

(b)by text message,

(c)by email, or

(d)by letter.

(4) “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.

(5) For the purposes of paragraph (4) “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

Commencement Information

I4Reg. 5 in force at 28.9.2020, see reg. 1(2)

PART 2 E+W

Interpretation of Part 2E+W

6.—(1) In this Part—

“agent” has the meaning given in regulation 9(1)(b);

“designated place” means the place at which a self-isolating worker or a self-isolating agency worker is self-isolating in accordance with [F87regulation 2A or 2B] of these Regulations or [F88regulation 9] of the International Travel Regulations;

“employer”, “employment” and “worker” have the meanings given by section 230 of the Employment Rights Act 1996 M3;

“International Travel Regulations” means [F89the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021];

“isolation period” means a period during which a self-isolating worker or a self-isolating agency worker is required to self-isolate;

“isolation requirements” means the requirements in [F90Part 1] of these Regulations or [F88regulation 9] of the International Travel Regulations relating to the circumstances in which an individual who is self-isolating is permitted to leave the designated place;

“principal” has the meaning given in regulation 9(1)(b);

“self-isolating agency worker” has the meaning given in regulation 9(1); F91...

“self-isolating worker” means a worker who is subject to a requirement to self-isolate in accordance with [F92regulation 2A or 2B] of these Regulations, or [F88regulation 9] of the International Travel Regulations.

[F93“testing scheme” has the meaning given in regulation 2D.]

(2) For the purposes of regulation 7, references to a self-isolating agency worker's employer are to be read as including the agent, and any principal to whom the self-isolating agency worker is, or is to be, supplied during the isolation period (where they would not otherwise be the self-isolating agency worker's employer), and for the purposes of regulations 7 and 9 “employment” is to be construed accordingly.

Textual Amendments

Commencement Information

I5Reg. 6 in force at 28.9.2020, see reg. 1(2)

Marginal Citations

Requirement on employers of workers required to self-isolateE+W

7.—(1) Subject to paragraph (2), where the employer of a self-isolating worker or a self-isolating agency worker is aware of the requirement to self-isolate, the employer must not knowingly allow the worker or self-isolating agency worker to attend any place other than the designated place, during an isolation period, for any purpose related to the worker's or self-isolating agency worker's employment.

[F94(2) An employer is not in breach of the requirement in paragraph (1) where the self-isolating worker or self-isolating agency worker attends any place—

(a)in accordance with the isolation requirements, or

(b)where the worker is participating in a testing scheme, at any time when regulation 2D(2) applies to the worker or agency worker.]

Textual Amendments

Commencement Information

I6Reg. 7 in force at 28.9.2020, see reg. 1(2)

Notification by workers of requirement to self-isolate [F95and of matters related to participation in a testing scheme] E+W

8.—(1) Where a self-isolating worker is—

(a)aware of the requirement to self-isolate, and

(b)due to work or undertake any other activities related to the worker's employment during the isolation period, other than at the designated place,

the worker must notify the worker's employer of the requirement to self-isolate and the start and end dates of the isolation period.

(2) The worker must provide the notification required by paragraph (1)—

(a)as soon as reasonably practicable, and

(b)in any event, before the worker is next due to start work within the isolation period.

[F96(3) But a worker is not required to provide the notification required by paragraph (1) if the worker ceases to be subject to the requirement to self-isolate in accordance with regulation 2A or 2B (otherwise than by virtue of regulation 2D(2)) before the worker is next due to start work during what would have been the isolation period.

(4) A worker to whom paragraph (5) applies must notify their employer that—

(a)they are participating in a relevant testing scheme, and

(b)the requirement to self-isolate in accordance with regulation 2B does not apply to them whilst they are participating in that scheme.

(5) This paragraph applies to a worker who was required to provide a notification under paragraph (1) and who—

(a)agrees to participate in a relevant testing scheme, and

(b)after that agreement is given, is due to work or undertake any other activities related to the worker’s employment during what would have been the isolation period, other than at the relevant place.

(6) The worker must provide the notification required by paragraph (4)—

(a)as soon as reasonably practicable, and

(b)in any event, before the worker is next due to start work after they agree to participate in the testing scheme.

(7) A worker to whom paragraph (8) applies must also notify their employer if regulation 2D(2) ceases to apply to them before the end of the isolation period.

(8) This paragraph applies to a worker who—

(a)is, or was, participating in a relevant testing scheme, and

(b)is due to work or undertake any other activities related to the worker’s employment during the isolation period, other than at the designated place.

(9) The worker must provide the notification required by paragraph (7)—

(a)as soon as is reasonably practicable, and

(b)in any event, before the worker is next due to start work after regulation 2D(2) ceases to apply to them.

(10) In this regulation—

“relevant place”, in relation to a worker, means the place at which the worker would self-isolate in accordance with the requirement to self-isolate in regulation 2B, if that requirement applied to the worker;

“relevant testing scheme” means a testing scheme which is not being provided by or on behalf of the worker’s employer.]

Textual Amendments

Commencement Information

I7Reg. 8 in force at 28.9.2020, see reg. 1(2)

Notification in respect of agency workersE+W

9.—(1) Paragraphs (2) to (4) apply in any case where an individual (a “self-isolating agency worker”)—

(a)is subject to a requirement to self-isolate in accordance with [F97regulation 2A or 2B] of these Regulations or regulation [F989] of the International Travel Regulations,

(b)is supplied, or is to be supplied, by a person (an “agent”) to do work for another (a “principal”) under a contract or other arrangements made between the agent and the principal, and

(c)is not—

(i)as respects that work, a worker, because of the absence of a worker's contract between the individual and the agent or the principal, or

(ii)a party to a contract under which the individual undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual.

(2) Where a self-isolating agency worker is—

(a)aware of the requirement to self-isolate, and

(b)due to work or undertake any other activities related to the self-isolating agency worker's employment during the isolation period, other than at the designated place,

the self-isolating agency worker must notify the agent, the principal or the self-isolating agency worker's employer (where that person is not the agent or a principal) [F99(“the relevant person”)] of the requirement to self-isolate and the start and end dates of the isolation period.

(3) The self-isolating agency worker must provide the notification required by paragraph (2)—

(a)as soon as reasonably practicable, and

(b)in any event, before the self-isolating agency worker is next due to start work within the isolation period.

[F100(3A) But an agency worker is not required to provide the notification required by paragraph (2) if the agency worker ceases to be subject to the requirement to self-isolate in regulation 2A or 2B (otherwise than by virtue of regulation 2D(2)) before the agency worker is next due to start work during what would have been the isolation period.

(3B) An agency worker to whom paragraph (3C) applies must notify the relevant person that—

(a)they are participating in the relevant testing scheme, and

(b)the requirement to self-isolate in accordance with regulation 2B does not apply to them whilst they are participating in that scheme.

(3C) This paragraph applies to an agency worker who was required to provide a notification under paragraph (1) and who—

(a)agrees to participate in a relevant testing scheme, and

(b)after that agreement is given, is due to work or undertake any other activities related to the self-isolating agency worker’s employment during what would have been the isolation period, other than at the relevant place.

(3D) The agency worker must provide the notification required by paragraph (3B)—

(a)as soon as reasonably practicable, and

(b)in any event, before the worker is next due to start work after they agree to participate in the testing scheme.

(3E) An agency worker to whom paragraph (3F) applies must notify the relevant person if regulation 2D(2) ceases to apply to them before the end of the period of self-isolation.

(3F) This paragraph applies to an agency worker who—

(a)is, or was, participating in a relevant testing scheme, and

(b)is due to work or undertake any other activities related to the agency worker’s employment during the isolation period, other than at the designated place.

(3G) The agency worker must provide the notification required by paragraph (3E)—

(a)as soon as is reasonably practicable, and

(b)in any event, before the worker is next due to start work after regulation 2D(2) ceases to apply to them.]

(4) Where a person receives a notification under paragraph (2) [F101, (3B) or (3E)], the person must, as soon as reasonably practicable, supply the information contained in the notification—

(a)if the recipient is the agent, to the self-isolating agency worker's employer (where that person is not the agent or a principal) and to any principals to whom the self-isolating agency worker is, or is to be, supplied during the isolation period;

(b)if the recipient is a principal, to the self-isolating agency worker's employer (where that person is not the agent or a principal) and to the agent, and

(c)if the recipient is the self-isolating agency worker's employer (where that person is not the agent or a principal), to the agent and any principals to whom the self-isolating agency worker is, or is to be, supplied during the isolation period.

(5) Paragraph (6) applies where—

(a)a self-isolating worker is supplied, or is to be supplied, by an agent to do work for a principal under a contract or other arrangements made between the agent and the principal,

(b)the agent is the worker's employer, and

(c)the worker notifies the agent in accordance with regulation 8(1) [F102, (4) or (7)].

(6) The agent referred to in paragraph (5) must, as soon as reasonably practicable, supply the information contained in the notification to any principals to whom the worker is, or is to be, supplied during the isolation period.

[F103(7) For the purposes of paragraph (4) “self-isolating agency worker” includes an agency worker to whom paragraph (3C) applies.

(8) For the purposes of paragraph (5) “self-isolating worker” includes a worker to whom regulation 8(5) applies.

(9) In this regulation—

“relevant place”, in relation to an agency worker, means the place at which the agency worker would self-isolate in accordance with the requirement to self-isolate in regulation 2B, if that requirement applied to the agency worker;

“relevant testing scheme” means a testing scheme which is not being provided by or on behalf of the agency worker’s employer.]

Textual Amendments

Commencement Information

I8Reg. 9 in force at 28.9.2020, see reg. 1(2)

PART 3E+W

EnforcementE+W

10.—(1) Where an authorised person considers that P is away from the place that they are self-isolating in contravention of [F104regulation 2A or 2B], the authorised person may—

(a)direct P to return to the place where they are self-isolating, or

(b)[F105where the authorised person is a constable,] remove P to the place [F106where] they are self-isolating.

(2) [F107A constable] exercising the power in paragraph (1)(b) may use reasonable force, if necessary, in exercise of the power.

(3) Where P is a child and has left, or is outside of, the place where they are self-isolating and is accompanied by R—

(a)an authorised person may direct R to take P to the place where P is self-isolating; and

(b)R must, so far as reasonably practicable, ensure that P complies with any direction given by an authorised person to P.

(4) Where P is a child and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with [F108regulation 2A [F109or 2B] F110...], the authorised person may direct R to ensure, so far as reasonably practicable, that P so complies.

(5) An authorised person may only exercise a power in paragraph (1), (3) or (4) if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with [F111regulation 2A or 2B].

(6) For the purposes of this regulation “authorised person” means—

(a)a constable,

(b)a police community support officer.

F112(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I9Reg. 10 in force at 28.9.2020, see reg. 1(2)

OffencesE+W

11.—(1) A person who contravenes a requirement in [F113regulation 2A, 2B], 7, 8 or 9 without reasonable excuse commits an offence.

(2) A person who contravenes a requirement to self-isolate under [F114regulation 2A or 2B] without reasonable excuse and in doing so—

(a)has reason to believe they will come into close contact with another person or group;

(b)does then come into close contact with another person or group;

(c)is reckless as to the consequences of that close contact for the health of that other person or group;

commits an offence.

(3) A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations, including any person who is an authorised person for the purposes of regulation 10 commits an offence.

(4) A person who, without reasonable excuse, contravenes a requirement in or imposed by, regulation 10 commits an offence.

(5) An offence under these Regulations is punishable on summary conviction by a fine.

(6) Section 24 of the Police and Criminal Evidence Act 1984 applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—

(a)to maintain public health;

(b)to maintain public order.

(7) A person who knowingly—

(a)gives false information pursuant to [F115regulation 2A(2)(b), 2A(3)(b), 2A(7) or 2B(4)] [F116(as the case may be)]; or

(b)falsely states, when asked by a [F117relevant person], to that person that someone is a close contact of a person who has tested positive for coronavirus,

commits an offence.

(8) If an offence under this regulation committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of an officer of the body, or

(b)to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.

(9) In paragraph (5), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.

(10) In paragraph (2), “close contact” has the same meaning as in Part 1 of these Regulations.

[F118(11) In paragraph (7), “relevant person” has the same meaning as in Part 1 of these Regulations.]

Textual Amendments

Commencement Information

I10Reg. 11 in force at 28.9.2020, see reg. 1(2)

Fixed penalty noticesE+W

12.—[F119(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.]

(2) If a person is issued with a notice under this regulation in respect of an offence—

(a)no proceedings may be taken for the offence before the end of the period of 28 days beginning with the day after the date of the notice;

(b)the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(3) A fixed penalty notice must—

(a)give reasonably detailed particulars of the circumstances alleged to constitute the offence,

(b)state the period during which (because of paragraph (2)(a)) proceedings will not be taken for the offence,

(c)specify the amount of the fixed penalty (as to which, see paragraphs (4) to [F120(8C)]),

(d)state the name and address of the person to whom the fixed penalty may be paid, and

(e)specify permissible methods of payment.

[F121(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 [F122regulation 2A or 2B];

(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 [F1239(2), (3B) or (3E)], 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.]

(9) Whatever other method may be specified under paragraph (3)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (3)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(10) If a letter is sent as mentioned in paragraph (9), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(11) In any proceedings, a certificate that—

(a)purports to be signed by or on behalf of—

(i)the person with responsibility for the local authority's financial affairs of the local authority to which payment is made, or

(ii)the designated officer where payment is made to that officer, and

(b)states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the fact stated.

(12) In this regulation—

“authorised person” means—

(a)

a constable;

(b)

a police community support officer;

(c)

a person designated by the Secretary of State for the purposes of this regulation;

(d)

an officer designated by the relevant local authority for the purposes of this regulation;

“designated officer” means an officer designated by the Secretary of State, or by the relevant local authority, for the purposes of [F124this] regulation; a “fixed penalty notice” is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to–

(e)

the relevant local authority, or

(f)

the designated officer;

“the relevant local authority” means the local authority, (or as the case may be, any of the local authorities), in whose area an offence under these Regulations is alleged to have been committed.

Textual Amendments

Commencement Information

I11Reg. 12 in force at 28.9.2020, see reg. 1(2)

ProsecutionsE+W

13.  Proceedings for an offence under these Regulations may be brought by a local authority or the Crown Prosecution Service.

Commencement Information

I12Reg. 13 in force at 28.9.2020, see reg. 1(2)

Power to use and disclose informationE+W

14.—(1) [F125A relevant person] may disclose the information described in paragraph (2) (“relevant information”), to any person (H) for the purposes of—

(a)carrying out a function under these Regulations, or

(b)preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus or coronavirus disease.

(2) The relevant information referred to in paragraph (1) is—

(a)where an individual is required to self-isolate under [F126regulation 2A or 2B]—

(i)contact details [F127and date of birth] of that individual [F128and, where the relevant person holds the information, that individual’s gender],

[F129(ii)the date that the notification under regulation 2A or 2B was received by the individual or R, where the individual is a child,]

[F130(iia)the means by which that notification was given, and the postal address, telephone number or email address (as the case may be) used,

(iib)if the relevant person holds the information, whether the individual is participating in coronavirus related research (within the meaning given in [F131regulation 5(4)) or a testing scheme (within the meaning given in regulation 2D)]),]

(iii)the particular period in respect of which that individual is required to self-isolate calculated in accordance with regulation 3,

[F132(iiia)where the notification under [F133regulation 2A(1) or 2B(1)] was given to the individual [F134, or R where the individual is a child] otherwise than in person, a copy of the notification that was given but redacted to remove any information falling within paragraph (4D)(a),]

(iv)details of any notices issued or contemplated under regulation 12, or proceedings taken under regulation 13 in respect of that [F135individual,]

F136...

(b)confirmation an individual is not required to self-isolate under [F137regulation 2A or 2B].

(3) H may only use relevant information disclosed under paragraph (1) where it is necessary—

(a)for the purpose of carrying out a function under these Regulations,

(b)for the purpose of—

(i)preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii)monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(4) Subject to paragraph (6), H may only disclose relevant information to another person (the “recipient”) where it is necessary for the recipient to have that information—

(a)for the purpose of carrying out a function of the recipient under these Regulations,

(b)for the purpose of preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

[F138(4A) In addition, a relevant person may disclose the notification information [F139, any contextual information or the regulation 2C information] to H where it is necessary for H to have the information—

(a)for the purpose of carrying out a function under regulation 10, 12 or 13, or

(b)otherwise for the purpose of the prevention, investigation, detection or prosecution of offences under these Regulations.

(4B) H may only use notification information [F140, contextual information or regulation 2C information] where—

(a)it is necessary for the purposes of carrying out a function under regulation 10, 12 or 13, or

(b)otherwise for the purpose of the prevention, investigation, detection or prosecution of offences under these Regulations.

(4C) Subject to paragraph (6), H may only disclose notification information [F141, contextual information or regulation 2C information] to another person (“the recipient”) where it is necessary for the recipient to have the information—

(a)for the purpose of carrying out a function under regulation 10, 12 or 13, or

(b)otherwise for the purpose of the prevention, investigation, detection or prosecution of offences under these Regulations.

(4D) For the purposes of this regulation “notification information” means, [F142where an individual is required to self-isolate under regulation 2A or 2B]—

(a)whether—

(i)[F143regulation 2A(1)(a) or (b)] applies to the individual, because they have tested positive for coronavirus, F144...

(ii)[F145regulation 2B(1)(a) F146...] applies to the individual, because they have had, or come into, close contact with someone who has tested positive for coronavirus; [F147or]

[F148(iii)regulation 2B(1)(ba) or (c) applies to the individual, because they have had close contact with a person who has tested positive for coronavirus and that person is suspected of, or confirmed as, having an Omicron variant;]

(b)where the notification was given to the individual [F149, or R where the individual is a child,] otherwise than in person, a copy of the notification that was given.]

[F150(4E) For the purposes of this regulation “contextual information” means—

(a)where the relevant person has reasonable grounds to believe that an individual is not complying, or will not comply, with any of the requirements in regulation 2A, 2B, 8 or 9 that apply in relation to that individual, that belief and the grounds for it;

(b)if when contacted by the relevant person for the purposes of, or in connection with, a function under these Regulations an individual has been violent, threatening, abusive or otherwise behaved in such a way as to make the relevant person fear for their safety or the safety of any other person carrying out a function under, or in connection with, these Regulations, that fact and the details of the relevant act or behaviour;

(c)if the relevant person has reasonable grounds to believe that an individual is, or may be, vulnerable, that belief and the grounds for it.

(4F) For the purposes of this regulation “the regulation 2C information” means, where an individual is notified under regulation 2C(1)(c)(iii)—

(a)the date the individual received that notification,

(b)the means by which that notification was given, and

(c)where that notification was given otherwise than in person, a copy of the notification that was given.]

(5) Subject to paragraph (7), disclosure which is authorised by this regulation does not breach—

(a)an obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(6) This regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(7) Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.

(8) For the purposes of this regulation—

(a)“data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018;

(b)“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus);

[F151(c)“contact details”, in relation to an individual, means their name, address [F152and, where available, the telephone number and email address].]

[F153(d)“R” and “relevant person” have the meanings given in regulation 5(1).]

Textual Amendments

Commencement Information

I13Reg. 14 in force at 28.9.2020, see reg. 1(2)

Self-incriminationE+W

15.—(1) Information notified to the Secretary of State in accordance with [F154regulation 2A or 2B] may be used in evidence against the person, subject to paragraphs (2) to (4).

(2) In criminal proceedings against the person—

(a)no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b)no question relating to the information may be asked by or on behalf of the prosecution.

(3) Paragraph (2) does not apply if the proceedings are for—

(a)an offence under these Regulations, or

(b)an offence under section 5 of the Perjury Act 1911 M4 (false statements made otherwise than on oath).

(4) Paragraph (2) does not apply if, in the proceedings—

(a)evidence relating to the information is adduced by or on behalf of the person who provided it, or

(b)a question relating to the information is asked by or on behalf of that person.

Textual Amendments

Commencement Information

I14Reg. 15 in force at 28.9.2020, see reg. 1(2)

Marginal Citations

M41911 c. 6. Section 5 was amended by section 1(2) of the Criminal Justice Act 1948 (c. 58).

Review and expiryE+W

16.—(1) The Secretary of State must review the need for the requirements imposed by these Regulations before the end of the period of six months beginning with the day on which they come fully into force.

(2) These Regulations expire at the end of [F15524th March 2022].

(3) This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.

Textual Amendments

Commencement Information

I15Reg. 16 in force at 28.9.2020, see reg. 1(2)

DesignationsE+W

17.—[F156(1)] A person who is designated for the purposes of regulation F157... 10 of the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 M5 is to be treated as if they were designated for the purposes of [F158regulation] 12(12) of these Regulations.

[F159(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 [F160All Tiers 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 [F161All Tiers Regulations] is to be treated as a designation of a person as a designated officer for the purposes of regulation 12 of these Regulations.]

[F162(4) A designation made, or treated as made, in exercise of the powers conferred by regulation 12(9)(a) of the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (“the Steps Regulations”) is to be treated as a designation of a person as an authorised person for the purposes of regulation 12 of these Regulations.

(5) A designation made, or treated as made, in exercise of the powers conferred by regulation 12(3)(b) of the Steps Regulations is to be treated as a designation of a person as a designated officer for the purposes of regulation 12 of these Regulations.]

Textual Amendments

Commencement Information

I16Reg. 17 in force at 28.9.2020, see reg. 1(2)

Marginal Citations

[F163Interpretation of Part 3E+W

18.  For the purposes of this Part, references to a “local authority” include references to a county council.]

Textual Amendments

[F164Transitional provisionE+W

19.  Where—

(a)a person (“Y”)—

(i)satisfies the conditions in regulation 2B(6)(a), (b) or (c), or is a child, and

(ii)is subject to the self-isolation requirement in regulation 2B(2) or (3) immediately before [F1659th December 2021], and

(b)Y’s period of self-isolation would, apart from this regulation, continue beyond that date,

the period of self-isolation for Y comes to an end at the beginning of [F1659th December 2021].]

Textual Amendments

Signatory text

Matt Hancock

Secretary of State

Department of Health and Social Care

Explanatory Note

(This note is not part of the Regulations)

Part 1 of these Regulations impose self-isolation requirements in relation to persons who have tested positive for coronavirus and their contacts. Regulation 4 amends the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020 to—

(a)

amend the definition of local authority so that where there are two tier authorities, a District Council may issue a Fixed Penalty Notice.

(b)

provide that in addition to the Secretary of State, a relevant person must also disclose any details he has retained pursuant to the Regulations to a Public Health Officer, on request of that Public Health Officer.

(c)

provide that it is an offence not to comply with a requirement in regulations 14 and 16 of the Regulations.

(d)

amend the fixed penalty notice amounts. In particular for the third breach the amount of any notice is to be £4,000 and for the fourth and any subsequent breach, it is £10,000.

(e)

amend the Schedule to make clear that gyms are included as a listed service.

Part 2—

(f)

prohibits an employer from allowing a worker to attend any place (except the place where they are required to self-isolate) for any purpose connected to the worker's employment;

(g)

sets out the prohibition on knowingly allowing a self-isolating worker or a self-isolating agency worker to be present anywhere for work purposes, other than the place where they are required to self-isolate;

(h)

requires a self-isolating worker to inform their employer of the requirement on them to self-isolate; and

(i)

requires a self-isolating agency worker to inform either their employer, the agency or the principal of the requirement on them to self-isolate. It requires whoever has received such a notification to pass the information on to the two other parties.

Part 3 provides for enforcement, in particular as to offences and fixed penalty notices, as well as disclosure of information. It also provides for the review and expiry of these Regulations.