The Health Protection (Coronavirus, International Travel) (England) Regulations 2020

PART 1 General

Citation, commencement and application

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 and come into force on 8th June 2020.

(2) These Regulations apply as respects England only.

Interpretation

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(1);

“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(2);

“passenger information” has the meaning given in regulation 3(1);

“Passenger Locator Form” means the form published electronically by the Secretary of State for the provision of passenger information(3);

“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 given in section 3 of the Children Act 1989(4).

PART 2 Obligations on persons arriving in England and others

Requirement to provide information

3.—(1) 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.

(2) A person who presents at immigration control at the Channel Tunnel shuttle terminal area in France(5), with the intention of boarding a shuttle service destined for the United Kingdom, must provide on the Passenger Locator Form their passenger information on so presenting.

(3) Subject to paragraph (4), a person who arrives in England from within the common travel area who 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 England must provide on the Passenger Locator Form their passenger information on their arrival.

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

(5) 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—

(a) on their arrival in England, in the case of a person described in paragraph (1) or (3), or

(b) when they present at immigration control, in the case of a person described in paragraph (2).

(6) If a person described in any of paragraphs (1) to (3) provides their passenger information, and any passenger information required by virtue of paragraph (5), 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).

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

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

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

(10) A person described in regulation 4(12) or in any of paragraphs 1 to 4 of Schedule 2 is not required to comply with this regulation.

(11) For the purposes of this regulation, “shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987(6).

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.

(3) P must self-isolate—

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

(i) in the case of a person described in paragraph (1)(a), at an 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)(b), or a person described in paragraph 1 of Schedule 2 (other than one described in paragraph (13)(a)(i)), at a place at which they intend to self-isolate while in England,

(iii) where it is not possible for P to self-isolate in accordance with paragraph (i) or (ii), in accommodation facilitated by the Secretary of State 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(7),

(c) where P is a person described in paragraph 9(1) of Schedule 10 to the Immigration Act 2016 (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 England 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 England” means—

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

(b) where the person has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland, 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 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.

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

(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.

(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 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(8),

(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.

(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 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.

(13) 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.

PART 3 Enforcement

Enforcement of requirement to self-isolate

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 sub-paragraph (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 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 Secretary of State for the purposes of this regulation.

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(9) 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.

Fixed penalty notices

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, and

(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 an officer designated by the Secretary of State for the purposes of this regulation (“the designated officer”) specified in the notice.

(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, and

(e) specify permissible methods of payment.

(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 be—

(a) in the case of the first fixed penalty notice issued in respect of an information offence, £100,

(b) in the case of the second fixed penalty notice issued in respect of an information offence, £200,

(c) in the case of the third fixed penalty notice issued in respect of an information offence, £400,

(d) in the case of the fourth fixed penalty notice issued in respect of an information offence, £800,

(e) in the case of the fifth fixed penalty notice issued in respect of an information offence, £1,600,

(f) in the case of the sixth and subsequent fixed penalty notices issued in respect of an information offence, £3,200.

(7) 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).

(8) Where a letter is sent as described in paragraph (7), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(9) In any proceedings, a certificate that—

(a) purports to be signed by or on behalf of the designated officer, 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.

(10) For the purposes of 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 Secretary of State for the purposes of this regulation.

Prosecutions

8.  Proceedings for an offence under these Regulations may be brought by the Crown Prosecution Service and any person designated by the Secretary of State.

PART 4 Information sharing

Power to use and disclose information

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, or

(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 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 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(10),

(b) “DA information” means information provided in accordance with, or as described in, 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 paragraph (3)(b).

Self-incrimination

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 section 5 of the Perjury Act 1911(11) (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.

PART 5 Review and expiry of Regulations

Review of need for requirements

11.  The Secretary of State 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.

Expiry of Regulations

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.

Matt Hancock

Secretary of State,

Department of Health and Social Care

2nd June 2020