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.