Coronavirus Bill (HC Bill 122)

Coronavirus BillPage 199

identity of any related person or the whereabouts of any related
thing).

(5) “Related person” means—

(a) a person who has or may have infected or contaminated the
premises,

(b) 5a person who has or may have infected or contaminated a
person who or thing which is or has been on the premises,

(c) a person whom the premises have or may have infected or
contaminated, or

(d) a person who has or may have been infected or contaminated
10by a person who or thing which is or has been on the
premises.

(6) “Related thing” means—

(a) a thing which has or may have infected or contaminated the
premises,

(b) 15a thing which has or may have infected or contaminated a
person who or thing which is or has been on the premises,

(c) a thing which the premises have or may have infected or
contaminated, or

(d) a thing which has or may have been infected or contaminated
20by a person who or thing which is or has been on the
premises.

(7) The Department of Health may by regulations make provision about
the evidence that must be available to a magistrates’ court before the
court can be satisfied as mentioned in subsection (1) or (3).

(8) 25In this section—

(a) any reference to being infected or contaminated includes a
reference to carrying the source of an infection or
contamination, and

(b) any reference to infecting or contaminating humans, or a
30person, thing or premises, includes a reference to passing the
source of an infection or contamination to humans, or to the
person, thing or premises.

25J Orders in respect of groups

(1) The powers in sections 25G, 25H and 25I include power to make an
35order in relation to a group of persons, things or premises.

(2) For those purposes, those sections have effect as follows.

(3) In section 25G—

(a) in subsections (1)(a) and (c) and (3)(a), the reference to P is a
reference to each person in the group, and

(b) 40in subsections (2) and (4), any reference to P is a reference to
any one or more of the persons in the group.

(4) In section 25H—

(a) in subsections (1)(a) and (c) and (3)(a), the reference to the
thing is a reference to each thing in the group, and

(b) 45in subsections (2) and (4) any reference to the thing is a
reference to any one or more of the things in the group.

Coronavirus BillPage 200

(5) In section 25I—

(a) in subsections (1)(a) and (c) and (3)(a), the reference to the
premises is a reference to each set of premises in the group,
and

(b) 5in subsections (2) and (4), any reference to the premises is a
reference to any one or more of the sets of premises in the
group.

25K Part 1A orders: supplementary

(1) This section makes further provision about orders under sections
1025G, 25H and 25I (referred to in this Part as “Part 1A orders”).

(2) A Part 1A order may include, in addition to the restrictions or
requirements mentioned in the provision under which it is made,
such other restrictions or requirements as the court considers
necessary for the purpose of reducing or removing the risk in
15question.

(3) A restriction or requirement contained in a Part 1A order may be
expressed to take effect subject to conditions specified in the order.

(4) Two or more Part 1A orders may be combined in a single order.

(5) A Part 1A order may contain such directions as the court considers
20appropriate to give effect to it.

(6) In particular (and without limiting the effect of subsection (5)), if the
court is satisfied as mentioned in subsection (7) of section 25R, a Part
1A order may authorise a person to do anything which may be
authorised by warrant under subsection (5) of that section.

(7) 25If a Part 1A order provides as mentioned in subsection (6), section
25S(1) to (3) (supplementary powers on entry) have effect as if—

(a) the order were a warrant issued under section 25R, and

(b) the person authorised by the order were an authorised
officer.

(8) 30A Part 1A order may order the payment of compensation or
expenses in connection with the taking of measures pursuant to the
order.

(9) A Part 1A order is authority for those persons to whom it is
addressed to do such things as may be necessary to give effect to it.

25L 35Period for which a Part 1A order may be in force

(1) A Part 1A order must specify the period for which any restriction or
requirement imposed by or under the order is to remain in force.

(2) That period may be extended by further order of a magistrates’
court.

(3) 40In relation to restrictions or requirements mentioned in section
25G(2)(c) or (d) (detention in hospital, or period of isolation or
quarantine), neither—

(a) the period specified under subsection (1), nor

(b) the period of any extension under subsection (2),

45may exceed 28 days.

Coronavirus BillPage 201

(4) The Department of Health may by regulations prescribe a shorter
period for the purposes of subsection (3).

(5) The Department of Health may by regulations prescribe, in relation
to any other restrictions or requirements—

(a) 5the maximum period which may be specified under
subsection (1), and

(b) the maximum period of any extension under subsection (2).

25M Procedure for making, varying and revoking Part 1A orders

(1) The power of a magistrates’ court to make a Part 1A order is
10exercisable on the application of the Regional Agency by notice
under Part 7 of the Magistrates’ Courts (Northern Ireland) Order
1981.

(2) The Department of Health must by regulations require the Regional
Agency to give notice to such persons as may be prescribed of the
15making of an application for a Part 1A order; but this is subject to
subsection (3).

(3) If a magistrates’ court considers it necessary to do so, the court may
make a Part 1A order without a person having been given such
notice as is otherwise required to be given to that person under
20magistrates’ court rules or regulations under subsection (2).

(4) The Department of Health may by regulations make other provision
for the procedure on an application for a Part 1A order (including
provision modifying the Magistrates’ Courts (Northern Ireland)
Order 1981 and magistrates’ courts rules).

(5) 25A Part 1A order may be varied or revoked by a magistrates’ court on
the application of—

(a) an affected person,

(b) the Regional Agency, or

(c) any other authority with the function of executing or
30enforcing the order in question.

(6) In the case of an order under section 25G(1) or (3), the following
persons are affected persons—

(a) P,

(b) a person with parental responsibility (within the meaning of
35the Children (Northern Ireland) Order 1995 for P,

(c) P’s husband, wife or civil partner,

(d) a person living with P as if they were spouses of each other,
and

(e) such other persons as may be prescribed.

(7) 40In the case of an order under section 25H(1), the following persons
are affected persons—

(a) the owner of the thing,

(b) any person with custody or control of the thing, and

(c) such other persons as may be prescribed.

(8) 45In the case of an order under section 25I(1), the following persons are
affected persons—

Coronavirus BillPage 202

(a) the owner of the premises,

(b) any occupier of the premises, and

(c) such other persons as may be prescribed.

(9) In the case of an order under section 25H(3) or 25I(3), the person
5required to provide information or answer questions and such other
persons as may be prescribed are affected persons.

(10) Variation or revocation of a Part 1A order does not invalidate
anything done under the order prior to the variation or revocation.

25N Power to make further provision by regulations

(1) 10The Department of Health may by regulations make provision about
the taking of measures pursuant to Part 1A orders.

(2) The regulations may in particular make provision about—

(a) the type of investigation which may be carried out as part of
a medical examination;

(b) 15the manner in which measures are to be taken;

(c) who is to be responsible for executing and enforcing
measures;

(d) who is to be liable for the costs of measures;

(e) the payment of compensation or expenses in connection with
20the taking of measures.

(3) But the regulations may not confer functions on officers of Revenue
and Customs to execute or enforce Part 1A orders unless the
regulations are made with the consent of the Commissioners for Her
Majesty’s Revenue and Customs.

25O 25Enforcement of Part 1A orders

(1) A person commits an offence if the person—

(a) fails without reasonable excuse to comply with a restriction
or requirement imposed by or under a Part 1A order, or

(b) wilfully obstructs anyone acting in the execution of a Part 1A
30order.

(2) A person guilty of an offence under subsection (1) is liable on
summary conviction to a fine not exceeding level 5 on the standard
scale.

(3) If—

(a) 35a person is convicted of an offence under subsection (1), and

(b) the court by which the person is convicted is satisfied that the
failure or wilful obstruction constituting the offence has
caused premises or things to become infected or
contaminated or otherwise damaged them in a material way,

40the court may, if it considers it appropriate to do so, order the person
to take or pay for such remedial action as may be specified in the
order.

(4) Subsection (5) applies if—

(a) a Part 1A order imposes a requirement that a person be
45detained or kept in isolation or quarantine in a place, and

Coronavirus BillPage 203

(b) the person leaves that place contrary to the requirement.

(5) A constable may take the person into custody and return the person
to that place.

(6) But a person may not be taken into custody under subsection (5) after
5expiry of the period for which the requirement is in force.

Regulations under Part 1A: general

25P Assembly control

(1) Regulations under this Part are subject to negative resolution; but
this does not apply to—

(a) regulations to which subsection (2) applies;

(b) 10regulations contained in a statutory rule by virtue of
subsection (6) or section 25Q(8) (composite instruments).

(2) Regulations to which this subsection applies (as to which, see
subsections (4) and (5)) may not be made unless a draft of the
regulations has been laid before, and approved by a resolution of, the
15Assembly.

(3) Subsection (2) is subject to section 25Q (emergency procedure).

(4) Subsection (2) applies to—

(a) regulations under section 25C (but see subsection (5)),

(b) regulations which amend a statutory provision pursuant to
20section 25F(3),

(c) the first regulations to be made under section 25G(7),

(d) the first regulations to be made under section 25L(5), or

(e) the first regulations to be made under section 25N.

(5) Subsection (2) does not apply to regulations under section 25C if the
25regulations contain a declaration that the Department is of the
opinion that the regulations do not include any provision made by
virtue of section 25C(3)(c) which imposes or enables the imposition
of—

(a) a special restriction or requirement, or

(b) 30any other restriction or requirement which has or would have
a significant effect on a person’s rights.

(6) A statutory rule that (in accordance with subsection (2)) is laid
before, and approved by a resolution of, the Assembly may contain
regulations that would, but for subsection (1)(b) and this subsection,
35be subject to negative resolution.

25Q Emergency procedure

(1) This section applies to regulations to which subsection (2) of section
25P applies.

(2) The regulations may be made without a draft having been laid and
40approved as mentioned in subsection (2) of that section if the
regulations contain a declaration that the Department is of the
opinion that, by reason of urgency, it is necessary to make the
regulations without a draft being so laid and approved.

Coronavirus BillPage 204

(3) After regulations are made in accordance with subsection (2), they
must be laid before the Assembly.

(4) Regulations made in accordance with subsection (2) cease to have
effect at the end of the period of 28 days beginning with the day on
5which they are made unless, during that period, the regulations are
approved by a resolution of the Assembly.

(5) But if on any day during that period, on proceedings on a motion
that (or to the effect that) the regulations be so approved, the
Assembly comes to a decision rejecting the regulations, they cease to
10have effect at the end of that day instead.

(6) In reckoning any such period of 28 days, no account is to be taken of
any time during which the Assembly is dissolved or is in recess for
more than 4 days.

(7) Subsections (4) and (5) do not—

(a) 15affect anything done in reliance on the regulations before
they ceased to have effect, or

(b) prevent the making of new regulations.

(8) A statutory rule that is made in accordance with subsection (2) may
contain regulations that would, but for section 25P(1)(b) and this
20subsection, be subject to negative resolution.

General

25R Powers of entry

(1) An authorised officer has the right (subject to subsections (2) to (4))
to enter any premises at all reasonable hours for any or all of the
following purposes—

(a) 25ascertaining whether there is, or has been, on, or in
connection with, the premises any contravention of a
provision of this Part, of regulations made under this Part, or
of a Part 1A order;

(b) ascertaining whether or not circumstances exist which would
30authorise or require the Regional Agency to take any action,
or execute any work, under such a provision or such
regulations, or in relation to such an order;

(c) taking any action, or executing any work, authorised or
required by such a provision or such regulations, or in
35relation to such an order, to be taken, or executed, by the
Regional Agency;

(d) generally, for the purpose of the performance by the Regional
Agency of its functions under such a provision or such
regulations, or in relation to such an order.

(2) 40The right may be exercised only on producing, if so required, a duly
authenticated document showing the officer’s authority.

(3) Admission to premises is not to be demanded as of right unless 24
hours’ notice of the intended entry has been given to the occupier.

(4) Subsection (1) does not authorise entry to any part of premises which
45is used as a private dwelling (but this does not affect the power of a

Coronavirus BillPage 205

magistrates’ court under subsection (5) to issue a warrant
authorising entry to a private dwelling or to any part of premises
used as a private dwelling).

(5) If it is shown to the satisfaction of a magistrates’ court on sworn
information in writing that the first and second conditions (set out in
5subsections (6) and (7)) are met in relation to any premises, the court
may by signed warrant authorise the Regional Agency, by any
authorised officer, to enter the premises, if need be by force.

(6) The first condition is that there is reasonable ground for entry into
the premises for any such purpose as is mentioned in subsection (1).

(7) 10The second condition is that any of the following is the case—

(a) admission to any premises has been refused;

(b) if admission to the premises is requested, it will be or is likely
to be refused;

(c) a request for admission would defeat the object of the entry;

(d) 15the occupier is temporarily absent;

(e) the premises are unoccupied; or

(f) the case is one of urgency.

(8) If the case falls within subsection (7)(a) to (d), a warrant must not be
issued unless the court is also satisfied—

(a) 20that notice of the intention to apply for a warrant has been
given to the occupier, or

(b) that the giving of such notice would defeat the object of the
entry.

25S Supplementary provisions as to entry

(1) 25An authorised officer (“the officer”) entering any premises by virtue
of section 25R, or of a warrant issued under that section, may be
accompanied by such other persons and such equipment and
materials as may be necessary.

(2) On leaving any unoccupied premises which the officer has entered
30by virtue of such a warrant, the officer must leave them as effectively
secured against trespassers as the officer found them.

(3) The officer may for the purpose for which entry is authorised—

(a) search the premises,

(b) carry out measurements and tests of the premises or of
35anything found on them,

(c) take and retain samples of the premises or of anything found
on them,

(d) inspect and take copies or extracts of any documents or
records found on the premises,

(e) 40require information stored in an electronic form and
accessible from the premises to be produced in a form in
which it can be taken away and in which it is visible and
legible or from which it can readily be produced in a visible
and legible form, and

Coronavirus BillPage 206

(f) seize and detain or remove anything which the officer
reasonably believes to be evidence of any contravention
relevant to the purpose for which entry is authorised.

(4) Every warrant issued under section 25R continues in force until the
5purpose for which the entry is necessary has been satisfied.

(5) Nothing in section 25R or this section limits the other provisions of
this Part, or of regulations made under it, with respect to entry into
or upon, and inspection of, any premises.

25T Offence of obstruction

(1) 10A person who wilfully obstructs any person acting in the execution
of a right under sections 25R and 25S, or of a warrant under section
25R, is guilty of an offence.

(2) A person guilty of an offence under subsection (1) is liable on
summary conviction to a fine not exceeding level 5 on the standard
15scale.

General

25U Application to territorial sea

The provisions of this Part have effect in relation to the territorial sea
adjacent to Northern Ireland.

25V Form of notices

20 The Department of Health may by regulations prescribe the form of
any notice or other document to be used for the purposes of this Part.

25W Other provision as to offences

(1) In its application to offences created by or under this Part, section
20(2) of the Interpretation Act (Northern Ireland) 1954 has effect with
25the omission of the words “the liability of whose members is
limited”.

(2) A court of summary jurisdiction may hear and determine a
complaint charging an offence created by or under this Part if the
complaint is made both—

(a) 30before the end of the period of 3 years beginning with the
date of the commission of the offence, and

(b) before the end of the period of 6 months beginning with the
date on which evidence which the prosecutor thinks is
sufficient to justify the proceedings comes to the prosecutor’s
35knowledge;

and this applies in place of Article 19(1) of the Magistrates’ Courts
(Northern Ireland) Order 1981.

(3) For the purposes of subsection (2)(b)

(a) a certificate signed by or on behalf of the prosecutor and
40stating the date on which such evidence came to the
prosecutor’s knowledge is conclusive evidence of that fact,
and

(b) a certificate stating that matter and purporting to be so signed
is to be treated as so signed unless the contrary is proved.

Coronavirus BillPage 207

25X Crown property

(1) This section applies to any house, building or other premises being
property belonging to Her Majesty in right of the Crown or of the
Duchy of Lancaster, or belonging to the Duchy of Cornwall, or
5belonging to a government department, or held in trust for Her
Majesty for purposes of a government department.

(2) In relation to any such property, the appropriate authority may agree
with the Regional Agency that any provision of this Part specified in
the agreement shall apply to the property; and, while the agreement
10is in force, that provision shall apply to that property accordingly,
subject to the terms of the agreement.

(3) Any such agreement may contain such consequential and incidental
provisions as appear to the appropriate authority to be necessary or
equitable.

(4) 15In this section, “the appropriate authority” means—

(a) in the case of property belonging to Her Majesty in right of
the Crown, the Crown Estate Commissioners or other
government department having the management of the
property;

(b) 20in the case of property belonging to Her Majesty in right of
the Duchy of Lancaster, the Chancellor of the Duchy;

(c) in the case of property belonging to the Duchy of Cornwall,
such person as the Duke of Cornwall, or the possessor for the
time being of the Duchy of Cornwall, appoints; and

(d) 25in the case of property belonging to a government
department or held in trust for Her Majesty for purposes of a
government department, that department.

(5) In this section, “premises” does not include any vessel—

(a) belonging to Her Majesty, or

(b) 30under the command or charge of an officer holding Her
Majesty’s commission.

25Y Part 1A: further definitions

(1) This Part is to be read in accordance with this section.

(2) “Authorised officer” includes any person authorised by the Regional
35Agency to exercise functions conferred on it by or under this Part
(whether or not the person is an officer of the Agency).

(3) “Medical examination” includes microbiological and toxicological
tests.

(4) References to the giving of notice are to notice in writing.

(5) 40“Special restriction or requirement” has the meaning given by
section 25C(6).

(6) “Statutory provision” has the meaning given by section 1(f) of the
Interpretation Act (Northern Ireland) 1954.

(7) “Thing” includes—

(a) 45human tissue,

Coronavirus BillPage 208

(b) a dead body or human remains,

(c) animals, and

(d) plant material.

(8) Any reference to amending a statutory provision includes a
5reference to repealing, revoking or modifying the application of a
statutory provision, and “amendment” is to be read accordingly.

(9) Any reference to giving effect to an international agreement or
arrangement includes a reference to giving effect to a
recommendation issued under such an agreement or arrangement.”

Section 47

10SCHEDULE 18 Health protection regulations: Scotland

Health protection regulations

1 (1) The Scottish Ministers may by regulations make provision for the purpose
of preventing, protecting against, controlling or providing a public health
15response to the incidence or spread of infection or contamination in Scotland
(whether from risks originating there or elsewhere).

(2) The power in sub-paragraph (1) may be exercised—

(a) in relation to infection or contamination generally or in relation to
particular forms of infection or contamination, and

(b) 20so as to make provision of a general nature, to make contingent
provision or to make specific provision in response to a particular set
of circumstances.

(3) Regulations under sub-paragraph (1) may in particular include provision—

(a) imposing duties on registered medical practitioners or other persons
25to record and notify cases or suspected cases of infection or
contamination,

(b) conferring on local authorities, health boards or other persons
functions in relation to the monitoring of public health risks, and

(c) imposing or enabling the imposition of restrictions or requirements
30on or in relation to persons, things or premises in the event of, or in
response to, a threat to public health.

(4) The restrictions or requirements mentioned in sub-paragraph (3)(c) include
in particular—

(a) a requirement that a child is to be kept away from school,

(b) 35a prohibition or restriction relating to the holding of an event or
gathering,

(c) a restriction or requirement relating to the handling, transport, burial
or cremation of dead bodies or the handling, transport or disposal of
human remains, and

(d) 40a special restriction or requirement (see paragraph 4).

(5) The power in sub-paragraph (1) is subject to paragraphs 2 and 3.