The Health Protection (Coronavirus) Regulations 2020
| Year | 2020 |
2020 No. 129
Public Health, England
The Health Protection (Coronavirus) Regulations 2020
Made 10th February 2020
Laid before Parliament 10th February 2020
Coming into force in accordance with article 1(1)
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 45B, 45C, 45F and 45P of the Public Health (Control of Disease) Act 19841.
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.
Citation, commencement and application
1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) Regulations 2020 and come into force immediately after they are made.
(2) These Regulations apply in relation to England only.
Interpretation
2.—(1) In these Regulations—
“the 1984 Act” means the Public Health (Control of Disease) Act 1984;
“child” means a person under the age of 18 years;
“Coronavirus” means the virus known as “Wuhan novel coronavirus (2019-nCoV)”;
“infected area” means any area (including a country) which the Secretary of State has declared, by notice published on www.gov.uk, as an area where there is known or thought to be sustained human-to-human transmission of Coronavirus, or from which there is a high risk of importation of infection or contamination (with Coronavirus) via travel from that area to the UK;
“isolation” in relation to a person means the separation of that person from any other person in in such a manner as to prevent infection or contamination (with Coronavirus)—
(a) at a facility designated, by notice published on www.gov.uk, for the purposes of these Regulations by the Secretary of State;
(b) in that person’s home;
(c) in a hospital; or
(d) at another suitable place;
“medical officer” means a registered medical practitioner designated for the purposes of these Regulations by the Secretary of State;
“Public Health England” means the executive agency of that name of the Department of Health and Social Care;
“public health officer” means a registered public health consultant or a person working within Public Health England under the oversight of a registered public health consultant;
“registered public health consultant” means a professionally registered public health consultant working within Public Health England;
“responsible adult” means, in relation to a child, a person with parental responsibility for the child (within the meaning of the Children Act 1989) or a person who has custody or charge of the child for the time being; and
“screening requirements” means the requirements set out in regulation 6(1).
(2) In these Regulations, a reference to infection or contamination2, however expressed, is a reference to infection or contamination with Coronavirus, and related expressions are to be construed accordingly.
(3) The notice referred to in the definition of “infected area” and “isolation” in paragraph (1) must be followed by publication of the notice in the London Gazette as soon as reasonably practicable.
Serious and imminent threat declaration
3.—(1) These Regulations apply where the Secretary of State declares, by notice published on www.gov.uk, that the incidence or transmission of Coronavirus constitutes a serious and imminent threat to public health, and that the incidence or transmission of Coronavirus is at such a point that the measures outlined in these Regulations may reasonably be considered as an effective means of preventing the further, significant transmission of Coronavirus (“serious and imminent threat declaration”).
(2) The Secretary of State may revoke a serious and imminent threat declaration by way of a subsequent notice published on www.gov.uk.
(3) Before making a declaration under paragraph (1), or revoking a declaration under paragraph (2), the Secretary of State must have due regard to any advice from the Chief Medical Officer or one of the Deputy Chief Medical Officers of the Department of Health and Social Care.
(4) The publication of a notice under paragraph (2) does not affect the validity of any steps taken pursuant to these Regulations before the notice is published.
(5) A notice published under paragraph (1) or (2) must be followed by publication of the notice in the London Gazette as soon as reasonably practicable.
Detention of persons by the Secretary of State or a registered public health consultant
4.—(1) Where Condition A or B is met in relation to a person (“P”), the Secretary of State or a registered public health consultant may, for the purposes of screening, assessment and the imposition of any restrictions or requirements under regulation 5, impose on P a requirement to be detained until the later of—
(a)
(a) the end of the period of 48 hours beginning with the time from which P’s detention under this regulation begins;
(b)
(b) such time as any screening requirements imposed on or in relation to P under regulation 5(1) have been complied with and the assessment referred to in that regulation carried out in relation to P.
(2) Condition A is that—
(a)
(a) the Secretary of State or a registered public health consultant has reasonable grounds to believe that P is, or may be, infected or contaminated with Coronavirus; and
(b)
(b) the Secretary of State or a registered public health consultant considers that there is a risk that P might infect or contaminate others.
(3) Condition B is that P—
(a)
(a) has arrived in England on an aircraft, ship or train from outside the United Kingdom, whether directly or via Northern Ireland, Scotland or Wales; and
(b)
(b) has left, or the Secretary of State or a registered public health consultant has reasonable grounds to believe P has left, an infected area within the 14 day period immediately preceding the date of P’s arrival in England.
(4) Where a special restriction or requirement is imposed under this regulation, the person imposing the restriction or requirement must express it to be contingent on the incidence or transmission of Coronavirus constituting a serious and imminent threat to public health as referred to in regulation 3.
Imposition of restrictions and requirements
5.—(1) Where Condition A or B (set out in regulation 4) is met in relation to a person (“P”), the Secretary of State or a registered public health consultant may—
(a)
(a) (orally or in writing) impose on or in relation to P one or more screening requirements to inform an assessment, by the Secretary of State or a registered public health consultant, of whether P presents or could present a risk of infecting or contaminating others;
(b)
(b) carry out such an assessment in relation to P; and
(c)
(c) following such an assessment, (orally or in writing) impose on or in relation to P any other restriction or requirement which the Secretary of State or, as the case may be, a registered public health consultant considers necessary for the purposes of removing or reducing the risk referred to in sub-paragraph (a), including a special restriction or requirement3.
(2) A decision to impose a restriction or requirement under paragraph (1) may only be taken if the Secretary of State or, as the case may be, registered public health consultant considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.
(3) A restriction or requirement imposed under paragraph (1)—
(a)
(a) by the Secretary of State may be varied (orally or in writing) by the Secretary of State;
(b)
(b) by a registered public health consultant may be varied (orally or in writing) by the Secretary of State or a registered public health consultant.
(4) Where a restriction or requirement under paragraph (1)(c) is imposed on or in relation to a child, a person who is a responsible adult in relation to the child must secure that the child complies with the restriction or requirement, insofar as that person is reasonably able to do so.
(5) Where a restriction or requirement is imposed orally on a person under this regulation, or a restriction or requirement imposed under this regulation is orally varied, the person (or, in the case of a child, a person who is a responsible adult in relation to the child) must be provided with a written notification of the restriction or requirement that has been imposed or varied as soon as reasonably practicable.
(6) Where a special restriction or requirement is imposed under paragraph (1)(c), the person imposing the restriction or requirement must express it to be contingent on the incidence or transmission of Coronavirus constituting a serious and imminent threat to public health as referred to in regulation 3.
(7) Paragraph (1) does not affect the exercise of any powers by virtue of regulation 8.
Screening requirements
6.—(1) For the purposes of these Regulations, the screening requirements, in relation to a person (“P”) are requirements to the effect that P must─
(a)
(a) answer questions about P’s health or other relevant circumstances (including travel history and information about other individuals with whom P may have had contact);
(b)
(b) produce any documents which may assist a registered public health consultant or public health officer in assessing P’s health;
(c)
(c) at such time as a registered public health consultant may specify, allow a public health officer, or a medical officer, to take a biological sample of P, including a sample of P’s respiratory secretions or blood, by appropriate means including by swabbing P’s nasopharyngeal cavity, or provide such a sample; and
(d)
(d) provide sufficient information to enable P to be...
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