The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021

PART 4 Amendment of the Self-Isolation Regulations and related provisions

Introductory

8.  The Self-Isolation Regulations are amended in accordance with paragraphs 9 to 21.

Amendment of regulation 1 (citation, commencement and application)

9.  In regulation 1, for paragraph (3) substitute—

“(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.”.

New regulations 2 to 2D

10.  For regulation 2 substitute—

“Meaning of self-isolate

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(1), 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) or (b) 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 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, or give agreement on behalf of a child for whom P is a responsible adult for that child to participate, 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) or (b) 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.

Requirements on person notified of positive test result for coronavirus

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.

Requirements on person notified as a close contact of a person who has tested positive for coronavirus

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, or

(b) a child in respect of whom they are a responsible adult has come into close contact with someone who has tested positive for coronavirus.

(2) Where paragraph (1)(a) 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.

(3) Where paragraph (1)(b) 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.

(4) 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).

(5) 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.

Circumstances in which the requirement to self-isolate in regulation 2A ceases to apply

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 further 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).

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

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

(a) paragraph (1)(a) or (b) 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 regulation 4 of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020,

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

(e) P agrees to participate, or R, where P is a child, agrees to P participating, in that testing scheme.

(2) Regulation 2B(2)(a) or (3)(a) (as the case may be) 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) 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, or R, where P is a child, receives a further notification in respect of P, given under regulation 2B(1).

(4) For the purposes of paragraph (3) “the relevant time” is the time when P, or R where P is a child, 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, or R where P is a child, 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 or R (as the case may be) 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 or R (as the case may be) received the relevant notification;

“the relevant notification” means the notification given under regulation 2B which triggers the application of paragraph (1)(a) or (b) 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.”.

Amendment of regulation 3 (period of self-isolation)

11.—(1) Regulation 3 is amended as follows.

(2) For paragraph (1) substitute—

“(1) The period of self-isolation for the purposes of this Part is calculated as follows.”.

(3) In paragraph (3)—

(a) in the words before sub-paragraph (a), for “regulation 2(1)(a)(i) or (b)(i)” substitute “regulation 2A(1)(a) or (b)”;

(b) in sub-paragraph (a)—

(i) in the words before paragraph (i), for “person specified in regulation 2(4)” substitute “relevant person”;

(ii) in paragraph (ii), for “regulation 2(1)” substitute “regulation 2A(1)”;

(c) in sub-paragraph (b), for “regulation 2(1)” substitute “regulation 2A(1)”.

(4) In paragraph (4)—

(a) in the words before sub-paragraph (a), for “regulation 2(1)(a)(ii) or (b)(ii)” substitute “regulation 2B(1)(a) or (b)”;

(b) in sub-paragraph (a)(i), in the words before sub-paragraph (aa), for “person specified in regulation 2(4)” substitute “relevant person”;

(c) in each of the following places, for “regulation 2(1)” substitute “regulation 2B(1)”—

(i) sub-paragraph (a)(i)(bb);

(ii) sub-paragraph (a)(ii);

(iii) sub-paragraph (b);

(d) in sub-paragraph (b), for “person specified in regulation 2(4)” substitute “relevant person”.

Amendment of regulation 5 (interpretation of Part 1)

12.—(1) Regulation 5 is amended as follows.

(2) In the heading, for “Interpretation” substitute “General interpretation”.

(3) In paragraph (1)—

(a) in the definition of “close contact”, in paragraph (b), after “individual,” insert “or”;

(b) after the definition of “close contact” insert—

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

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

(c) in the definition of “P” for “regulation 2(2), (2C), (2D) or (2G)” substitute “regulation 2A(2)(a), 2A(3)(a), 2B(2) or 2B(3)”;

(d) after the definition of “R” and “responsible adult” insert—

““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(2)) 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;”.

(4) After paragraph (2) insert—

“(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(3)) 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(4) (see section 457 of that Act).”.

Amendment of regulation 6 (interpretation of Part 2)

13.  In regulation 6, in paragraph (1)—

(a) in the definition of “designated place”, for “either regulation 2” substitute “regulation 2A or 2B”;

(b) in the definition of “isolation requirements”, for “regulation 2” substitute “Part 1”;

(c) omit “and” following the definition of “self-isolating agency worker”;

(d) in the definition of “self-isolating worker”, for “either regulation 2” substitute “regulation 2A or 2B”;

(e) after the definition of “self-isolating worker” insert—

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

Amendment of regulation 7 (requirement on employers of workers required to self-isolate)

14.  In regulation 7, for paragraph (2) substitute—

“(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.”.

Amendment of regulation 8 (notification by workers of requirement to self-isolate)

15.—(1) Regulation 8 is amended as follows.

(2) In the heading, after “self-isolation” insert “and of matters related to participation in a testing scheme”.

(3) After paragraph (2) insert—

“(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.”.

Amendment of regulation 9 (notification in respect of agency workers)

16.—(1) Regulation 9 is amended as follows.

(2) In paragraph (1)(a) for “either regulation 2” substitute “regulation 2A or 2B”.

(3) In paragraph (2), after “principal)” insert “(“the relevant person”)”.

(4) After paragraph (3) insert—

“(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.”.

(5) In paragraph (4), after “paragraph (2)” insert “, (3B) or (3E)”.

(6) In paragraph (5)(c), after “8(1)” insert “, (4) or (7)”.

(7) After paragraph (6) insert—

“(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.”.

Amendment of regulation 10 (enforcement)

17.—(1) Regulation 10 is amended as follows.

(2) In paragraph (1), in the words before sub-paragraph (a), for “regulation 2” substitute “regulation 2A or 2B”.

(3) In paragraph (4), for “regulation 2” substitute “regulation 2A or 2B”.

(4) In paragraph (5), for “regulation 2” substitute “regulation 2A or 2B”.

Amendment of regulation 11 (offences)

18.—(1) Regulation 11 is amended as follows.

(2) In paragraph (1), for “regulations 2” substitute “regulation 2A, 2B”.

(3) In paragraph (2), for “regulation 2” substitute “regulation 2A or 2B”.

(4) In paragraph (7)—

(a) in sub-paragraph (a), for “regulation 2(2)(b), (2D)(b) or (2H)” substitute “regulation 2A(2)(b), 2A(3)(b), 2A(7) or 2B(4)”;

(b) in sub-paragraph (b), for “person specified in regulation 2(4)” substitute “relevant person”.

(5) After paragraph (10) insert—

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

Amendment of regulation 12 (fixed penalty notices)

19.  In regulation 12—

(a) in paragraph (5)(a), for “regulation 2” substitute “regulation 2A or 2B”;

(b) in paragraph (8A), for “or 9(2)” substitute “9(2), (3B) or (3E)”.

Amendment of regulation 14 (power to use and disclose information)

20.—(1) Regulation 14 is amended as follows.

(2) In paragraph (1), in the words before sub-paragraph (a), for the words from “A person” to “person”)” substitute “A relevant person”.

(3) In paragraph (2)(a)—

(a) in the words before paragraph (i), for “regulation 2” substitute “regulation 2A or 2B”;

(b) in paragraph (i), after “individual” insert “and, where the relevant person holds the information, that individual’s gender”;

(c) for paragraph (ii) substitute—

“(ii) the date that the notification under regulation 2A or 2B was received by the individual or R, where the individual is a child,”;

(d) in paragraph (iib), for “regulation 2(6))” substitute “regulation 5(4)) or a testing scheme (within the meaning given in regulation 2D)”.

(e) in paragraph (iiia)—

(i) for “regulation 2(1)” substitute “regulation 2A(1) or 2B(1)”;

(ii) after “individual” insert “, or R where the individual is a child”.

(4) In paragraph (2)(b) for “regulation 2” substitute “regulation 2A or 2B”.

(5) In paragraph (4A), in the words before sub-paragraph (a), after “notification information” insert “, any contextual information or the regulation 2C information”.

(6) In paragraph (4B), in the words before sub-paragraph (a), after “notification information” insert “, contextual information or regulation 2C information”.

(7) In paragraph (4C), in the words before sub-paragraph (a) after “notification information” insert “, contextual information or regulation 2C information”.

(8) In paragraph (4D)—

(a) in the words before sub-paragraph (a), for “where an individual is notified under regulation 2(1)” substitute “where an individual is required to self-isolate under regulation 2A or 2B”;

(b) in sub-paragraph (a)(i), for “regulation 2(1)(a)(i) or (b)(i)” substitute “regulation 2A(1)(a) or (b)”;

(c) in sub-paragraph (a)(ii), for “regulation 2(1)(a)(ii) or (b)(ii)” substitute “regulation 2B(1)(a) or (b)”;

(d) in sub-paragraph (b), after “individual” insert “, or R where the individual is a child,”.

(9) After paragraph (4D) insert—

“(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.”.

(10) In paragraph (8), after sub-paragraph (c) insert—

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

Amendment of regulation 15 (self-incrimination)

21.  In regulation 15(1) for “regulation 2” substitute “regulation 2A or 2B”.

Related savings and transitional provisions

22.—(1) A notification given to a person under regulation 2(1)(a)(i) or (b)(i) of the Self-Isolation Regulations before commencement day—

(a) is to be treated on and after commencement day as a notification given under regulation 2A(1)(a) or (b) (as appropriate) of those Regulations, and

(b) where the notification was given by a general NHS or LA employee, is to be treated on and after commencement day as a notification given by a person employed or engaged for the purposes of the health service or by the relevant local authority (as appropriate) in communicable disease control.

(2) A notification given to a person under regulation 2(1)(a)(ii) or (b)(ii) of the Self-Isolation Regulations before commencement day—

(a) is to be treated on and after commencement day as a notification given under regulation 2B(1)(a) or (b) (as appropriate) of those Regulations, and

(b) where the notification was given by a general NHS or LA employee, is to be treated on and after that day as a notification given by a person employed or engaged for the purposes of the health service or by the relevant local authority (as appropriate) in communicable disease control.

(3) Despite the amendments made to the Self-Isolation Regulations by these Regulations, regulations 11 (offences) and 12 (fixed penalty notices) of the Self-Isolation Regulations continue in force as they had effect immediately before commencement day in relation to any offence committed under the Self-Isolation Regulations before that day.

(4) For the purposes of regulation 12 of the Self-Isolation Regulations, a relevant fixed penalty notice is to be treated on and after commencement day as a fixed penalty notice issued in respect of a self-isolation requirement offence.

(5) In this paragraph—

“general NHS or LA employee” means—

(a)

a person employed or engaged for the purposes of the health service otherwise than in communicable disease control, or

(b)

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

“the health service” means the health service within the meaning of section 275 of the National Health Service Act 2006;

“relevant fixed penalty notice” means a fixed penalty notice issued in respect of an offence—

(a)

described in regulation 11(1) of the Self-Isolation Regulations of contravening, without reasonable excuse, regulation 2 of those Regulations, and

(b)

which was committed before commencement day;

“self-isolation requirement offence” means the offence described in regulation 11(1) of the Self-Isolation Regulations (as amended by these Regulations) of contravening, without reasonable excuse, a requirement in regulation 2A or 2B of those Regulations.

Consequential amendment of the Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020

23.  In the Schedule to the Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 omit—

(a) paragraph 26 (amendment of regulation 2 of the Self-Isolation Regulations);

(b) paragraph 27(a)(ii) (amendment of regulation 3(1) of the Self-Isolation Regulations);

(c) paragraph 28(3) (amendment of definition of “P” in regulation 5(1) of the Self-Isolation Regulations);

(d) paragraph 30 (amendment of regulation 11 of the Self-Isolation Regulations).

(1)

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

(2)

2006 c. 41. There are amendments to section 275 but none is relevant to these Regulations.

(3)

2014 c. 23.

(4)

2003 c. 1.