PART 4Enforcement

Enforcement powers

Enforcement of requirement to isolate19

1

Where a constable has reasonable grounds to believe that a person (P) has left or is outside of the place where they are isolating in contravention of these Regulations, the constable may—

a

direct P to return to the place where P is isolating,

b

remove P to the place where P is 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 P's isolation.

2

Paragraphs (1)(b) and (c) do not apply where P is a diplomat within the meaning of Schedule 4.

3

A constable 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 F1..., and has left or is outside of the place where they are isolating and accompanied by an individual who has responsibility for them—

a

a constable may direct that individual to take P to the place where P is isolating, and

b

that individual must, so far as reasonably practicable, ensure that P complies with any direction given by the constable to P.

5

Where P is a child F2..., and a constable has reasonable grounds to believe that P is repeatedly failing to comply with the requirement to isolate, the constable may direct any individual who has responsibility for P to ensure, so far as reasonably practicable, that P so complies.

6

A constable may only exercise a power in paragraph (1), (4) or (5) if the constable considers that it is a necessary and proportionate means of ensuring compliance with the requirement to isolate.

Additional enforcement powers in respect of managed isolation20

1

This regulation sets out additional enforcement powers in respect of managed isolation under regulations 14 and 15 and Schedule 7 (“the managed isolation provisions”).

2

Where an authorised person has reasonable grounds to believe that P is subject to the managed isolation provisions, the authorised person may do any of the following for the purpose of ensuring that P complies with those provisions—

a

give a direction to P, including a direction—

i

that P remain in a particular area of a port to await transportation to accommodation designed for the purposes of those provisions,

ii

that P move to a particular place to board transportation designated for the purposes of those provisions,

iii

that P board transportation designated for the purposes of those provisions to travel to accommodation designated for the purposes of those provisions,

iv

that P remain in the place where P is isolating,

b

remove P to accommodation designated for the purposes of those provisions.

3

This regulation does not apply where P is a diplomat within the meaning of Schedule 4.

4

An authorised person exercising the power in paragraph (2)(b) may use reasonable force, if necessary, in the exercise of the power.

5

An authorised person may only exercise a power in this regulation if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with the managed isolation provisions.

6

For the purposes of this regulation, “authorised person” means—

a

a constable, or

b

an immigration officer.

Additional enforcement powers in respect of red list arrivals21

1

This regulation sets out additional enforcement powers in respect of red list arrivals.

2

Where an authorised person has reasonable grounds to believe that P is a red list arrival and that P has committed an offence under regulation 23(1)(a) or 23(4), the authorised person may—

a

require P to produce their passport or travel document for examination,

b

detain P for up to three hours,

c

search P and any baggage belonging to P or under P's control, or any vehicle in which P has travelled, for evidence, other than items subject to legal privilege, that relates to the possible commission of an offence under regulation 23(4),

d

seize and retain any document or article recovered by a search under sub-paragraph (c).

3

Paragraph (2) does not confer a power to detain or search an unaccompanied child.

4

Any search under paragraph (2) must be conducted by an authorised person of the same gender as P.

5

Paragraph (2) does not confer a power to conduct an intimate search.

6

This regulation does not apply where P is a diplomat within the meaning of Schedule 4.

7

An authorised person exercising the power in this regulation may use reasonable force, if necessary, in the exercise of the power.

8

An authorised person may only exercise a power in this regulation if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with the managed isolation provisions.

9

For the purposes of this regulation, “authorised person” means—

a

a constable, or

b

an immigration officer.

Power of entry in respect of managed isolation22

1

A constable may enter premises in order—

a

to search for a person who is suspected of committing an offence of contravening the requirement in paragraph 8 of Schedule 7,

b

to remove a person of the description in sub-paragraph (a) to accommodation designated by the Department for the purposes of Schedule 7.

2

The power in paragraph (1) is exercisable if the constable—

a

has reasonable grounds to believe that a person of the description in paragraph (1)(a) is in or on the premises, and

b

has a reasonable belief that it is necessary and proportionate to enter the premises for the purposes specified in paragraph (1)(b).

3

But the power in paragraph (1) does not authorise entry to any part of the premises which is used as a private dwelling, unless a magistrates' court has issued a warrant authorising this under paragraph (6).

4

A constable exercising the power in paragraph (1) or executing a warrant under paragraph (6)—

a

may use reasonable force if necessary, and

b

may be accompanied by a community support officer (within the meaning of the Police (Northern Ireland) Act 2003 M1).

5

A constable exercising the power in paragraph (1) or executing a warrant under paragraph (6)—

a

if asked by a person on the premises, must show evidence of the constable's identity and outline the purpose for which the power is being exercised, and

b

if the premises are unoccupied or the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as when the constable found them.

6

If it is shown to the satisfaction of a magistrates' court on sworn information in writing that—

a

there are reasonable grounds to believe that a person of the description in paragraph (1)(a) is in or on the premises, and

b

it is necessary and proportionate to enter the premises for the purposes specified in paragraph (1)(b),

then the court may by signed warrant authorise a constable to enter the premises.

7

In this regulation, “premises” includes any building or structure and any land.