The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020 (revoked)

PART 1 N.I. General

Citation and commencement N.I.

1.  These Regulations may be cited as the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020 and shall come into operation on 8th June 2020.

Commencement Information

I1 Reg. 1 in operation at 8.6.2020, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations—

“child” means a person under the age of 18;

“the common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M1 ;

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

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

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 M2 ;

“passenger information” has the meaning given in regulation 3(2);

“Passenger Locator Form” means the form published electronically by the United Kingdom Government for the provision of passenger information M3

“self-isolate” has the meaning given in regulation 4(2), and “self-isolation” and “self-isolating” are to be construed accordingly.

(2) For the purposes of these Regulations, an individual has responsibility for a child if the individual—

(a) has custody or charge of the child for the time being, or

(b) has parental responsibility for the child within the meaning of the Children (Northern Ireland) Order 1995 M4 .

(3) In these Regulations any reference to infection or contamination is a reference to infection or contamination with coronavirus which presents or could present significant harm to human health.

Commencement Information

I2 Reg. 2 in operation at 8.6.2020, see reg. 1

Marginal Citations

M1 1971 c. 77. Section 1(3) provides that the United Kingdom, the Channel Islands, the Isle of Man, and the Republic of Ireland are collectively referred to as “the common travel area”

M2 1971 c. 77. Paragraph 1 was amended by paragraph 3 of Schedule 3 to the Health Protection Agency Act 2004 (c. 17), and by S.I. 1993/1813

M3 The Passenger Locator Form is available on www.gov.uk. No hard copy version is available but, where a person arrives at a place staffed by Immigration Officers, they will be provided with the ability to complete the form electronically on their arrival in Northern Ireland if not completed in advance; assistance will be available for completion of the electronic form if required

M4 S.I. 1995/755 (N.I. 2)

PART 2 N.I. Obligations on persons arriving in Northern Ireland and others

Requirement to provide information N.I.

3.—(1) This regulation applies where a person (“P”)—

(a) arrives in Northern Ireland, and

(b) has been outside the common travel area at any time in the period beginning with the 14th day before the date of their arrival in Northern Ireland.

(2) P must provide on the Passenger Locator Form, the information set out in Schedule 1 (“passenger information”) on their arrival.

(3) Paragraph (2) does not apply to a person who arrives in Northern Ireland from Scotland, Wales or England and who has completed the Passenger Locator Form pursuant to an enactment in Scotland, Wales or England, specifying an address in Northern Ireland where that person intends to self-isolate.

(4) A person who is travelling with a child for whom they have responsibility, must ensure that passenger information is provided in relation to that child on the Passenger Locator Form on their arrival in Northern Ireland.

(5) If a person described in paragraph (1) provides their passenger information, and any passenger information required by virtue of paragraph (4), on the Passenger Locator Form in the 48 hours before they are required to do so, then they are treated as having complied with those paragraphs (as applicable).

(6) A person who has provided passenger information in advance in accordance with paragraph (5) must provide evidence that they have done so if requested by an immigration officer.

(7) If passenger information changes or becomes available to a person required to self-isolate during that person's period of self-isolation, that person must, as soon as reasonably possible take all reasonable steps to complete the Passenger Locator Form, or a new Passenger Locator Form, as the case may be.

(8) Nothing in this regulation requires a person to provide any information if that information is not within their possession or control.

(9) A person described in any of paragraphs 1 to 4 of Schedule 2 is not required to comply with this regulation.

Commencement Information

I3 Reg. 3 in operation at 8.6.2020, see reg. 1

Requirement to self-isolate N.I.

4.—(1) This regulation applies where a person (“P”)—

(a) arrives in Northern Ireland, and

(b) has been outside the common travel area at any time in the period beginning with the 14th day before the date of their arrival in Northern Ireland.

(2) P must remain in isolation from others (“self-isolate”) in accordance with this regulation.

(3) P must self-isolate—

(a) unless sub-paragraph (b) or (c) apply—

(i) in the case of a person to whom regulation 3 applies, at the address specified in P's Passenger Locator Form as the intended place of self-isolation, as required by regulation 3 and paragraph 2(a) of Schedule 1,

(ii) in the case of a person described in paragraph 1 of Schedule 2 (other than one described in paragraph (12)(a)(i)), at a place at which they intend to self-isolate while in Northern Ireland,

(iii) where it is not possible for P to self-isolate in accordance with sub-paragraph (i) or (ii), in accommodation facilitated by the United Kingdom Government for the purposes of P's self-isolation,

(b) where P is an asylum seeker, in accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999 M5 , or

(c) where P is a person described in paragraph 9(1) of Schedule 10 to the Immigration Act 2016 M6 (powers of Secretary of State to enable person to meet bail conditions), in accommodation provided or arranged under that paragraph.

(4) The address specified by P in the Passenger Locator Form as the intended place of self-isolation 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 Northern Ireland before travelling directly to another address at which they will be self-isolating.

(6) In paragraph (3)(a)(ii) “a place at which they intend to self-isolate while in Northern Ireland” means—

(a) where the person has completed the Passenger Locator Form, at an intended place of self-isolation specified in that form,

(b) where the person has completed the Passenger Locator Form pursuant to an enactment in England, Scotland or Wales, at an intended place of self-isolation specified in that form,

(c) in any other case at a place described in paragraph (4)(a) to (c).

(7) P must, on their arrival in Northern Ireland, 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 Northern Ireland.

(8) Paragraph (2) does not require P to remain in isolation—

(a) from any person with whom they were travelling when they arrived in Northern Ireland 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.

(9) During the period of their 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 Northern Ireland, 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) Regulations (Northern Ireland) 2020 M7 ,

(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 sub-paragraphs (i) or (ii) are attending, a friend,

(f) to move to a different place for self-isolation specified on a Passenger Locator Form completed by P,

(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 move to a different place for self-isolation where it becomes impracticable to remain at the address at which they are self-isolating,

(h) to access critical public services, including—

(i) social services,

(ii) services provided to victims (such as victims of crime),

(i) in the case of a minister of religion or worship leader, to go to their place of worship alone provided they will be there alone,

(j) to take exercise alone, or

(k) to visit a burial ground to pay respects to a member of the person's household, family member or friend provided they are doing so alone.

(10) 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—

(a) in paragraph 1(1) of Schedule 2—

(i) where P is a person described in paragraph 1(1)(a) to (k) of, and meets the conditions set out in paragraph 1(2) of, that Schedule, P is not required to comply with this regulation,

(ii) in any other case, paragraph (3)(b) and (c) does not apply to P,

(b) in paragraph 28 of Schedule 2, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 28,

(c) in paragraph 38 of Schedule 2—

(i) paragraph (2) does not require P to remain in isolation from any other person who is living or working on the specified farm,

(ii) paragraph (3)(a)(i) applies with the modification that the address specified by P as the address at which they intend to self-isolate must be the specified farm,

where “specified farm” has the meaning given in paragraph 38 of Schedule 2,

(d) in any other paragraph of Schedule 2, P is not required to comply with this regulation.

Commencement Information

I4 Reg. 4 in operation at 8.6.2020, see reg. 1

Marginal Citations

M5 1999 c. 33. Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c. 41), by section 10(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), by section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c. 13), and by paragraph 1 of Schedule 11 to the Immigration Act 2016 (c. 19). Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 and by paragraph 29 of Schedule 10 to the Immigration Act 2016

M6 The Immigration Act (c. 19)

M7 S.R. 2020 No. 55, as amended by S.R. 2020 No. 71

PART 3 N.I. Enforcement

Enforcement of requirement to self-isolate N.I.

5.—(1) Where an authorised person has reasonable grounds to believe that a person (“P”) has left or is outside of the place where they are self-isolating in contravention of regulation 4, the authorised person may—

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

(b) remove P to the place where they are self-isolating,

(c) where it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to accommodation facilitated by the United Kingdom Government for the purposes of their self-isolation.

(2) Paragraph (1)(b) to (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 self-isolating, 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 Department of Health for the purposes of this regulation.

Commencement Information

I5 Reg. 5 in operation at 8.6.2020, see reg. 1

Offences and penalties N.I.

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 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 not exceeding level 5 on the standard scale.

(5) Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 M8 applies in relation to an offence under this regulation as if the reasons in paragraph (5) of that article included—

(a) to maintain public health,

(b) to maintain public order.

Commencement Information

I6 Reg. 6 in operation at 8.6.2020, see reg. 1

Marginal Citations

M8 S.I. 1989/1341 (N.I. 12)

Fixed penalty notices N.I.

7.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person has reasonable grounds to believe—

(a) has committed an offence under these Regulations;

(b) is aged 18 or over.

(2) 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 the clerk of petty sessions.

(3) Where 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 following 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.

(4) 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 (3)(a)) proceedings will not be taken for the offence;

(c) specify the amount of the fixed penalty;

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

(e) specify permissible methods of payment; and

(f) inform the person to whom it is given of the right to ask to be tried for the offence.

(5) Where the fixed penalty notice is issued in respect of an offence described in regulation 6(1)(b) or (c), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 4 or 5, then the amount specified under paragraph (4)(c) must be £1,000.

(6) Where the fixed penalty notice is issued in respect of an offence described in regulation 6(1)(a) or (3), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 3 (“an information offence”), then the amount specified under paragraph (4)(c) must, subject to paragraph (7), be—

(a) in the case of the first fixed penalty notice issued in respect of an information offence, £60,

(b) in the case of the second fixed penalty notice issued in respect of an information offence, £120,

(c) in the case of the third fixed penalty notice issued in respect of an information offence, £240,

(d) in the case of the fourth fixed penalty notice issued in respect of an information offence, £480,

(e) in the case of the fifth and subsequent fixed penalty notices issued in respect of an information offence, £960.

(7) A first fixed penalty notice issued in respect of an information offence must specify that if £30 is paid before the end of the period of 14 days following the date of the notice, that is the amount of the fixed penalty.

(8) Whatever other method may be specified under paragraph (4)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (4)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(9) Where a letter is sent as described in paragraph (8), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(10) In any proceedings, a certificate that—

(a) purports to be signed by or on behalf of the clerk of petty sessions, 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 facts stated.

(11) In this regulation, “authorised person” means—

(a) a constable,

(b) an immigration officer, but only in relation to the issue of a fixed penalty notice in respect of an information offence, or

(c) a person designated by the Department of Health.

Commencement Information

I7 Reg. 7 in operation at 8.6.2020, see reg. 1

Effect of fixed penalty notice N.I.

8.—(1) This regulation applies if a fixed penalty notice is given to any person under regulation 7.

(2) If the person asks to be tried for the alleged offence, proceedings may be brought against the person.

Commencement Information

I8 Reg. 8 in operation at 8.6.2020, see reg. 1

PART 4 N.I. Information sharing

Power to use and disclose information N.I.

9.—(1) This regulation applies to a person (“P”) who holds information described in paragraph (2) (“relevant information”), including where P holds that information as a result of disclosure made in accordance with paragraph (4).

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

(a) Information provided on the Passenger Locator Form, or

(b) DA information received for a purpose described in paragraph (4)(a)(i).

(3) P may only use relevant information 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.

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

(4) Subject to paragraph (6), P may only disclose relevant 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 of the recipient under—

(i) these Regulations, or

(ii) an enactment which, in England, Scotland, or Wales, 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 sub-paragraph (a) or (b).

(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 M9 ,

(b) “DA information” means information provided in accordance with, or as described in, an enactment which, in England, Scotland or Wales, 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 paragraph (3)(b).

Commencement Information

I9 Reg. 9 in operation at 8.6.2020, see reg. 1

Marginal Citations

M9 2018 c. 12

Self-incrimination N.I.

10.—(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 Article 10 the Perjury (Northern Ireland) Order 1979 M10 (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.

Commencement Information

I10 Reg. 10 in operation at 8.6.2020, see reg. 1

Marginal Citations

M10 S.I. 1979/1714 (N.I. 19)

PART 5 N.I. Review and expiry of regulations

Review of need for restrictions N.I.

11.  The Department of Health must review the need for the requirements imposed by these Regulations at least once every 21 days, with the first review being carried out by 29th June 2020.

Commencement Information

I11 Reg. 11 in operation at 8.6.2020, see reg. 1

Expiry of these Regulations N.I.

12.—(1) These Regulations expire at the end of the period of 12 months beginning with the day on which they come into force.

(2) The expiry of these Regulations does not affect the validity of anything done pursuant to these Regulations before they expire.

Commencement Information

I12 Reg. 12 in operation at 8.6.2020, see reg. 1

Sealed with the Official Seal of the Department of Health on 5th June 2020

L.S.

Dr Michael McBride

A senior officer of the

Department of Health