Enforcement of requirement to self-isolateE+W
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)[F1where the authorised person is a constable,] remove P to the place where P is self-isolating,
(c)where [F2the authorised person is a constable and] 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) [F3A 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, 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.
Textual Amendments
F1Words in reg. 5(1)(b) inserted (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), reg. 1(1), Sch. para. 2(2)(a)
F2Words in reg. 5(1)(c) inserted (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), reg. 1(1), Sch. para. 2(2)(b)
F3Words in reg. 5(3) substituted (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020 (S.I. 2020/1375), reg. 1(1), Sch. para. 2(3)
Commencement Information
I1Reg. 5 in force at 8.6.2020, see reg. 1(1)