The amendments exempt people from the requirement to self-isolate where, during the 14 days preceding their arrival in England, they have only been in “exempt countries or territories”. Such countries and territories have been added to a list in the new Schedule 1A where the public health risk has been deemed sufficiently low. The list in Schedule 1A will be subject to on-going review and further countries will be added or removed informed by their risk status when it is appropriate and proportionate to do so.
Original Post:
Commencing on Monday 8 June, "quarantine" is to be imposed on international travellers arriving in England.
The relevant legislation is The Health Protection (Coronavirus, International Travel) (England) Regulations 2020 - SI 2020/568 and see the Explanatory Memorandum
The quarantine regulations should be read in conjunction with The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) Regulations 2020 - SI 2020/567and see the Explanatory Memorandum
These "quarantine regulations" are in force from 8 June 2020 and apply to England only. They must be reviewed by the Minister every
21 days with the first review by 29 June 2020. The regulations expire after one year. (It is expected that other parts of the UK will introduce similar regulations).
The quarantine is controversial (previous post) and will add to the losses already incurred by travel-related businesses such as the airlines. The statutory basis for the Regulations is examined in this previous post.
Those arriving in England are subject to requirements to provide information (Regulation 3) and must self-isolate for 14 days (Regulation 4). There are some exceptions.
Self-isolation will be a tough experience:
Before looking in more detail at the Regulations it needs to be noted that the self-isolation regime imposed by these Regulations is very strict. Assuming for a moment that you can get a trip abroad for a holiday. You fly out from (say) Manchester Airport and have a brilliant time in a European country willing to accept visitors from the UK. You return 10 days later. You now have to provide information to the authorities including details of where you will be self-isolating for 14 days. You must then go to that address and stay there.
This is not like the lockdown system in force from 26 March to the end of May and is not like the amended system in place from 1 June. Under the quarantine system you must stay at the address and cannot leave it for things such as exercise (not even a walk to the end of your street and back - but staying in the house garden is OK). Even shopping for food is not permitted other exceptionally (see below). You are "confined to barracks" unless you can come within one of the very few exceptions set out in the legislation.
All of this is backed by criminal sanctions and there are enforcement powers.
Here is a tour of the key points in the legislation which, as always, should be read in full.
Regulation 3 - Passenger information:
Regulation 3(1) provides that - "A person who arrives in England from outside the
common travel area must, subject to paragraph (2), provide on the Passenger
Locator Form the information set out in Schedule 1 (“passenger information”) on
their arrival." Regulation 3 paragraphs 2 to 11 provide further detail.
Exceptions apply and are set out in Schedule 2
Exceptions apply and are set out in Schedule 2
Regulation 4 - Requirement to self-isolate:
4.- (1) This regulation applies where a person (“P”) - (a)
arrives in England from outside the common travel area, or (b) arrives in
England from within the common travel area, and has at any time in the period
beginning with the 14th day before the date of their arrival in England, been
outside the common travel area.
(2) P must remain in isolation from others
(“self-isolate”) in accordance with this regulation.
The self-isolation has to be at an address specified on the Passenger Locator Form as the intended place of self-isolation. There are provisions for situations where it is not possible for an individual to self-isolate at such an address see Regulation 3(3).
(4) The address
specified by P in the Passenger Locator Form as the intended place of
selfisolation must be - (a) their home, (b) the home of a friend or family
member, or (c) a hotel, hostel, bed and breakfast accommodation, or other
suitable place.
(5) More than one address may be specified in the Passenger
Locator Form where— (a) a legal obligation requires P to change addresses, or
(b) it is necessary for P to stay overnight at an address on their arrival in
England before travelling directly to another address at which they will be
self-isolating.
Under paragraph 7 - P must, on their
arrival in England, travel directly to the place at which they are to
self isolate, and must then self-isolate until whichever is the earlier of— (a)
the end of the 14th day after the day on which they arrive in the common travel
area, or (b) their departure from England.
Paragraph 8 states that P is not required to remain in isolation from specified persons -
(a) from any person with whom they were travelling when
they arrived in England and who is also self-isolating in the place where P is
self-isolating,
(b) where P is self-isolating in their home, from any member of
their household,
(c) where P is self-isolating in the home of a friend or
family member, from any member of the household of that friend or family
member.
Paragraph 9 specifes that during the period of self-isolation, P may not leave, or be
outside of, the place where P is self-isolating except:
(a) to travel in order
to leave England, provided that they do so directly,
(b) to seek medical
assistance, where this is required urgently or on the advice of a registered
medical practitioner, including to access any of the services referred to in
paragraph 37 or 38 of Schedule 2 to the Health Protection (Coronavirus,
Restrictions) (England) Regulations 2020,
(c) to fulfil a legal obligation,
including attending court or satisfying bail conditions, or to participate in
legal proceedings,
(d) to avoid injury or illness or to escape a risk of harm,
(e) on compassionate grounds, including to attend a funeral of— (i) a member of
P’s household, (ii) a close family member, or (iii) if no-one within paragraph
(i) or (ii) are attending, a friend,
(f) to move to a different place for
self-isolation specified in the Passenger Locator Form or a form equivalent to
a Passenger Locator Form pursuant to an enactment in Scotland, Wales or
Northern Ireland, or
(g) in exceptional circumstances such as— (i) 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, (ii) to access
critical public services, including— (aa) social services, (bb) services
provided to victims (such as victims of crime), (iii) to move to a different
place for self-isolation where it becomes impracticable to remain at the address
at which they are self-isolating.
Paragraph (10) specifies that for the purposes of this regulation, the place referred
to in paragraph (3) includes the premises where P is self-isolating together
with any garden, yard, passage, stair, garage, outhouse, or other appurtenance of
such premises.
(11) If P is a child, any person who has custody or charge of P
during P’s period of self-isolation must ensure, so far as reasonably
practicable, that P self-isolates in accordance with this regulation.
(12) If P is a person described in paragraph (1)(b) who— (a) has arrived from Wales or Scotland, and (b) is in England, temporarily, for a reason which would constitute an exception under paragraph (9), P is not required to comply with this regulation.
Under paragraph 13 other exceptions apply to the requirement for self-isolation - and also see Schedule 2.
Enforcement:
5.—(1) Where an authorised person has reasonable grounds to believe that a person (“P”) has left, or is outside of, the place where P is self-isolating in contravention of regulation 4, the authorised person may— (a) direct P to return to the place where P is self-isolating, (b) remove P to the place where P is self-isolating, (c) where it is not practicable or appropriate in the circumstances to take the action in subparagraph (a) or (b), remove P to accommodation facilitated by the Secretary of State for the purposes of P’s self-isolation.
(2) Paragraph (1)(b) and (c) does not apply where P is a person described in paragraph 1 of Schedule 2.
(3) An authorised person exercising the power in paragraph (1)(b) or (c) may use reasonable force, if necessary, in the exercise of the power.
(4) Where P is a child, and has left or is outside of, the place where they are self-isolating and accompanied by an individual who has responsibility for them— (a) an authorised person may direct that individual to take P to the place where P is selfisolating, and (b) that individual must, so far as reasonably practicable, ensure that P complies with any direction given by an authorised person to P.
(5) Where P is a child, and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with regulation 4, the authorised person may direct any individual who has responsibility for P to ensure, so far as reasonably practicable, that P so complies.
(6) An authorised person may only exercise a power in paragraph (1), (4) or (5) if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with regulation 4.
(7) For the purposes of this regulation, “authorised person” means— (a) a constable, or (b) a person designated by the Secretary of State for the purposes of this regulation.
Regulation 6 deals with offences and penalties:
6.—(1) A person who -
(a) without reasonable excuse contravenes a requirement in regulation 3,
(b) contravenes a requirement in regulation 4, or
(c) without reasonable excuse contravenes a requirement in or imposed under regulation 5, commits an offence.
(2) A person who, without reasonable excuse, wilfully obstructs any person carrying out a function under these Regulations commits an offence.
(3) A person who intentionally or recklessly provides false or misleading passenger information commits an offence.
(4) An offence under these Regulations is punishable on summary conviction by a fine.
(5) 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. (This makes it clear that there is a power of arrest without warrant).
Regulation 7 sets up a Fixed Penalty Notice system.
Information sharing:
Power to use and disclose information is the subject of Regulation 9. Passengers arriving have to disclose information and the question addressed is what may the authorities do with that information and to whom it may be disclosed.
It may be used 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 public health 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 (iii) giving effect to any international agreement or arrangement relating to 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 subparagraph (a) or (b).
The information may be disclosed to another person (the recipient) only where it is necessary for the recipient to have the information -
(a) for the purpose of carrying out a function of the recipient under— (i) these Regulations, or (ii) an enactment which, in Scotland, Wales or Northern Ireland, has the effect of requiring the isolation or quarantine of persons who have been outside the common travel area, for any of the purposes described in sub-paragraph (b),
(b) for the purpose of— (i) preventing danger to public health 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 (iii) giving effect to any international agreement or arrangement relating to 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 subparagraph (a) or (b).
Regulation 9 contains further provisions relating to disclosure - see 9(5) to 9(8).
Regulation 10 - Self-incrimination:
(1) Information provided by a person in accordance with, or as described in, regulation 3 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 ....
(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.
The Schedules:
Schedule 1 deals with Passenger Information
Schedule 2 - Part 1 - Persons not required to comply with Regulation 3 and Regulation 4
Schedule 2 - Part 2 - Persons not required to comply with Regulation 4
College of Policing:
See the College of Policing webpage "Understanding the Law"
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