The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021

Amendments to regulation 5

9.  In regulation 5 (enforcement of requirement to self-isolate)—

(a) in paragraph (1), in the opening words, after “regulation 4” insert “, or Schedule B1A or Schedule 2C”;

(b) after paragraph (1) insert—

“(1A) Where an authorised person has reasonable grounds to believe that P is a person who falls within regulation 4(1)(d), an authorised person may do any of the following for the purpose of ensuring that P complies with the requirements in Schedule B1A (additional measures)—

(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 designated for the purposes of Schedule B1A,

(ii) that P move to a particular place to board transportation designated for the purposes of Schedule B1A,

(iii) that P board transportation designated for the purposes of Schedule B1A to travel to accommodation designated for the purposes of Schedule B1A,

(iv) that P remain in the place where P is self-isolating;

(b) remove P to accommodation designated for the purposes of Schedule B1A.

(1B) Where an authorised person has reasonable grounds to believe that P is a person who falls within regulation 4(1)(d) and that P has committed an offence under regulation 6(1)(a) or (3), 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 6(3); and

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

(1C) Paragraph (1B) does not confer a power to detain or search an unaccompanied child.

(1D) Any search under paragraph (1B) must be conducted by an authorised person of the same gender as P.

(1E) Paragraph (1B) does not confer a power to conduct an intimate search.”;

(c) in paragraph (2), for “Paragraph (1)(b) and (c) does” substitute “Paragraphs (1)(b) and (c), (1A)(b) and (1B) do”.

(d) in paragraph (3)—

(i) for “A constable”(1) substitute “An authorised person”,

(ii) for “(1)(b) or (c)”, substitute “(1)(b) or (c), (1A)(b) or (1B)”;

(e) in paragraph (5), after “regulation 4” insert “or Schedule B1A”;

(f) in paragraph (6)—

(i) for “paragraph (1), (4)” substitute “paragraph (1), (1A), (4)”,

(ii) at the end insert “or Schedule B1A”;

(g) in paragraph (7) omit the “or” at the end of sub-paragraph (a) and after sub-paragraph (a) insert—

“(aa) for the purposes of paragraphs (1A) and (1B) only, an immigration officer, or”.

(1)

The words “A constable” were substituted by paragraph 2(3) of the Schedule to S.I. 2020/1375.