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(6) For the purposes of this Schedule, “health board” and “local authority” have
the meanings given in section 124 of the Public Health etc. (Scotland) Act
2008.

Restrictions on power to make regulations under paragraph 1

2 (1) 5Regulations under paragraph 1(1) may not include provision imposing a
restriction or requirement by virtue of sub-paragraph (3)(c) of that
paragraph unless the Scottish Ministers consider, when making the
regulations, that the restriction or requirement is proportionate to what is
sought to be achieved by imposing it.

(2) 10Regulations under paragraph 1(1) may not include provision enabling the
imposition of a restriction or requirement by virtue of sub-paragraph (3)(c)
of that paragraph unless the regulations provide that a decision to impose
such a restriction or requirement may only be taken if the person taking it
considers, when taking the decision, that the restriction or requirement is
15proportionate to what is sought to be achieved by imposing it.

(3) Regulations under paragraph 1(1) may not include provision enabling the
imposition of a special restriction or requirement unless—

(a) the regulations are made in response to a serious and imminent
threat to public health, or

(b) 20imposition of the restriction or requirement is expressed to be
contingent on there being such a threat at the time when it is
imposed.

(4) For the purposes of this paragraph—

(a) regulations “enable the imposition of a restriction or requirement” if
25the restriction or requirement is imposed by virtue of a decision
taken under the regulations by the Scottish Ministers, a local
authority, health board or other person;

(b) regulations “impose a restriction or requirement” if the restriction or
requirement is imposed without any such decision.

30Medical treatment

3 (1) Regulations under paragraph 1(1) may not include provision requiring a
person to undergo medical treatment.

(2) “Medical treatment” includes vaccination and other prophylactic treatment.

Special restrictions and requirements

4 (1) 35For the purposes of this Schedule—

(a) a “special restriction or requirement” means a restriction or
requirement mentioned in sub-paragraphs (2) to (4), but

(b) a restriction or requirement mentioned in paragraph 1(4)(a), (b) or (c)
is not to be regarded as a special restriction or requirement.

(2) 40In relation to a person, that the person—

(a) submit to medical examination;

(b) be removed to a hospital or other suitable establishment;

(c) be detained in a hospital or other suitable establishment;

(d) be kept in isolation or quarantine;

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(e) be disinfected or decontaminated;

(f) wear protective clothing;

(g) provide information or answer questions about the person’s health
or other circumstances;

(h) 5has their health monitored and the results reported;

(i) attend training or advice sessions on how to reduce the risk of
infecting or contaminating others;

(j) be subject to restrictions as to where the person may go or with
whom the person has contact;

(k) 10abstain from working or trading.

(3) In relation to a thing—

(a) that the thing be seized or retained;

(b) that the thing be kept in isolation or quarantine;

(c) that the thing be disinfected or decontaminated;

(d) 15in the case of a dead body, that the body be buried or cremated;

(e) in any other case, that the thing be destroyed or disposed of.

(4) In relation to premises—

(a) that the premises be closed;

(b) that, in the case of a conveyance or movable structure, the
20conveyance or structure be detained;

(c) that the premises be disinfected or decontaminated;

(d) that, in the case of a building, conveyance or structure, the premises
be destroyed.

(5) For the purposes of this paragraph—

  • 25“hospital” has the meaning given in section 124 of the Public Health etc.
    (Scotland) Act 2008;

  • “premises” includes any place and, in particular, includes—

    (a)

    any vehicle, train, vessel or aircraft,

    (b)

    any tent or movable structure, and

    (c)

    30any offshore installation (as defined in regulation 3 of the
    Offshore Installations and Pipeline Works (Management and
    Administration) Regulations 1995 (S.I. 1995/738)).

Health protection regulations: supplementary

5 (1) This paragraph makes further provision about regulations under paragraph
351(1).

(2) The regulations may—

(a) confer functions on local authorities, health boards and other
persons;

(b) create offences;

(c) 40enable a court to order a person convicted of any such offence to take
or pay for remedial action in appropriate circumstances;

(d) provide for the execution and enforcement of restrictions and
requirements imposed by or under the regulations;

(e) provide for appeals from and reviews of decisions taken under the
45regulations;

(f) permit or prohibit the levy of charges;

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(g) permit or require the payment of incentive payments, compensation
and expenses;

(h) provide for the resolution of disputes.

(3) The regulations may also make—

(a) 5different provision for different purposes or different areas,

(b) such incidental, supplementary, consequential, transitional or
transitory provision as the Scottish Ministers consider appropriate.

(4)
The maximum penalties that may be imposed in relation to offences created
under the regulations are—

(a) 10on summary conviction, imprisonment for a period not exceeding 12
months or a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, imprisonment for a period not
exceeding two years or a fine (or both).

(5) The regulations must provide for a right of appeal to the sheriff against any
15decision taken under the regulations by virtue of which a special restriction
or requirement is imposed on or in relation to a person, thing or premises.

(6) Regulations that enable a special restriction or requirement to be imposed by
virtue of a decision taken under the regulations must also provide that, if the
restriction or requirement is capable of remaining in force in relation to any
20person, thing or premises for more than a specified period, a specified
person may require the continuation of the restriction or requirement to be
reviewed in accordance with the regulations at specified intervals by a
person determined in accordance with the regulations.

(7) In relation to a special restriction or requirement mentioned in paragraph
254(2)(c) or (d)—

(a) the period specified by virtue of sub-paragraph (6) of this paragraph
and the intervals specified by virtue of that sub-paragraph must be
28 days or less, and

(b) the regulations must require the continuation of the restriction or
30requirement to be reviewed without an application being made.

(8) For the purposes of this paragraph “specified” means specified in the
regulations.

Health protection regulations: procedure

6 (1) Regulations under paragraph 1(1) are subject to the affirmative procedure
35(see section 29 of the Interpretation and Legislative Reform (Scotland) Act
2010).

(2) Sub-paragraph (1) does not apply if the Scottish Ministers consider that the
regulations need to be made urgently.

(3) Where sub-paragraph (2) applies, the regulations (the “emergency
40regulations”)—

(a) must be laid before the Scottish Parliament; and

(b) cease to have effect on the expiry of the period of 28 days beginning
with the date on which the regulations were made unless, before the
expiry of that period, the regulations have been approved by a
45resolution of the Parliament.

(4) Sub-paragraph (3)(b) does not apply in relation to regulations which—

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(a) revoke (in whole or in part) emergency regulations; and

(b) do—

(i) nothing else; or

(ii) nothing else except make provision incidental or
5supplementary to the revocation.

(5) In calculating any period of 28 days for the purposes of sub-paragraph
(3)(b), no account is to be taken of any period during which the Scottish
Parliament is—

(a) dissolved; or

(b) 10in recess for more than 4 days.

(6) Where emergency regulations cease to have effect under sub-paragraph
(3)(b), that does not—

(a) affect anything previously done by reference to the regulations;

(b) prevent new emergency regulations being made to the same or
15similar effect.

Section 48

SCHEDULE 19 Power to suspend relevant port operations

Power to give direction to suspend relevant port operations

1 (1) The Secretary of State may, subject to sub-paragraph (2), give a direction in
20writing to an operator of a port requiring the operator to suspend such
relevant port operations as the Secretary of State may specify in the
direction.

(2) The Secretary of State may give a direction under sub-paragraph (1) only
if—

(a) 25the Secretary of State considers that there is a real and significant risk
that, as a direct or indirect result of the incidence or transmission of
coronavirus, there are or will be insufficient border force officers to
maintain adequate border security, and

(b) the Secretary of State has taken such other measures as are
30reasonably practicable to mitigate that risk.

(3) A direction under sub-paragraph (1) must specify—

(a) the operator to whom it is given,

(b) the relevant port operations which are to be suspended,

(c) the time at which the direction takes effect,

(d) 35the period of time for which the direction is to remain in effect (the
“suspension period”), and

(e) any arrangements that must be made, or steps that must be taken, by
the operator which are reasonably incidental to the direction.

Duration of suspension period

2 (1) 40The suspension period specified in a direction under paragraph 1(1) may be
no longer than six hours, subject as follows.

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(2) If after giving a direction under paragraph 1(1) the Secretary of State
considers that there is or will be a risk of the kind referred to in paragraph
1(2)(a) if the suspension period is not extended, the Secretary of State may
before the expiry of the period extend it by notice in writing to the operator
5(and may do so more than once).

(3) The first notice under sub-paragraph (2) in relation to a suspension period
may not extend the period for more than six hours from the time at which it
would otherwise expire.

(4) A second or subsequent notice under sub-paragraph (2) in relation to a
10suspension period may not extend the period for more than twelve hours
from the time at which it would otherwise expire.

Power to give consequential direction

3 (1) Where the Secretary of State gives a direction under paragraph 1(1), the
Secretary of State may also give a direction in writing to any person
15requiring the person to make such arrangements, or take such steps, as the
Secretary of State considers appropriate in consequence of the direction
under paragraph 1(1).

(2) A direction under sub-paragraph (1) must specify—

(a) the person to whom it is given, and

(b) 20the arrangements which the person is required to make or the steps
which they are required to take,

and be accompanied by the direction under paragraph 1(1) to which it
relates.

(3) A direction under sub-paragraph (1) may, among other things—

(a) 25require a person to take action to secure the safe arrival of any vessel,
aircraft, train or other conveyance or vehicle at an alternative port;

(b) specify a period of time for which the direction is to remain in effect.

Supplementary provisions

4 The Secretary of State must notify the Scottish Ministers, the Welsh
30Ministers and the Department for Infrastructure in Northern Ireland of any
direction or notice given under this Schedule.

5 The Secretary of State may at any time revoke a direction or notice under this
Schedule to any extent, having regard to the risk referred to in paragraph
1(2)(a).

35Offences

6 (1) A person commits an offence if the person fails without reasonable excuse to
comply with a direction under this Schedule.

(2) A person has in particular a reasonable excuse for the purposes of sub-
paragraph (1) if complying with the direction would cause the person to
40breach a duty to which the person is subject by virtue of any enactment.

(3) The duties referred to in sub-paragraph (2) include duties under a direction
or instruction given by the Secretary of State under any of the following
provisions—

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(a) Schedule 3A to the Merchant Shipping Act 1995;

(b) Part 2 of the Aviation Security Act 1982;

(c) sections 118 and 119 of the Railways Act 1993;

(d) articles 13 to 16 of the Channel Tunnel (Security) Order 1994.

(4) 5A person guilty of an offence under this paragraph is liable on summary
conviction—

(a) in England and Wales, to a fine or a term of imprisonment not
exceeding 51 weeks or both,

(b) in Scotland, to a fine not exceeding level 5 on the standard scale or
10imprisonment for a term not exceeding 12 months or both, or

(c) in Northern Ireland, to a fine not exceeding level 5 on the standard
scale or imprisonment for a term not exceeding 6 months or both.

(5) In relation to an offence committed before section 281(5) of the Criminal
Justice Act 2003 comes into force, the reference in sub-paragraph (4) to 51
15weeks is to be read as a reference to 6 months.

Interpretation

7 In this Schedule—

  • “border force officer” means—

    (a)

    a person appointed by the Secretary of State as an
    20immigration officer under paragraph 1 of Schedule 2 to the
    Immigration Act 1971;

    (b)

    a person designated as a general customs official or a customs
    revenue official under the Borders, Citizenship and
    Immigration Act 2009 (see sections 3 and 11 of that Act);

  • 25“operator”, in relation to a port, means a person concerned in the
    management of the port;

  • “port” means—

    (a)

    any port (including an airport, seaport or hoverport) in the
    United Kingdom;

    (b)

    30a place in the United Kingdom which is an authorised
    terminal control point for international services for the
    purposes of sections 11 and 12 of the Channel Tunnel Act
    1987;

  • “relevant port operations” means any operations or functions carried
    35out by an operator at a port in relation to—

    (a)

    the arrival of any vessel, aircraft, train or other conveyance or
    vehicle into the United Kingdom;

    (b)

    the entry into the United Kingdom of persons or things;

  • “suspension period” has the meaning given in paragraph 1(3)(d);

  • 40“vessel” has the same meaning as in the Public Health (Control of
    Disease) Act 1984 (see section 74 of that Act).

8 The provisions of this Schedule bind the Crown.

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Section 49

SCHEDULE 20 Powers relating to potentially infectious persons

Part 1 Overview and interpretation

5Overview

1 (1) Parts 2 to 5 of this Schedule—

(a) confer powers on public health officers, constables and immigration
officers in England, Wales, Scotland and Northern Ireland, and

(b) make related provision.

(2) 10This Part of this Schedule contains provision relating to the interpretation of
Parts 2 to 5.

Potentially infectious persons

2 (1) For the purposes of this Schedule, a person is “potentially infectious” at any
time if—

(a) 15the person is, or may be, infected or contaminated with coronavirus,
and there is a risk that the person might infect or contaminate others
with coronavirus, or

(b) the person has been in an infected area within the 14 days preceding
that time.

(2) 20For the purposes of this paragraph, “infected area” means any country,
territory or other area outside the United Kingdom which the Secretary of
State has declared as a country, territory or area—

(a) where there is known or thought to be sustained human-to-human
transmission of coronavirus, or

(b) 25from which there is a high risk that coronavirus will be transmitted
to the United Kingdom.

(3) A declaration under sub-paragraph (2)

(a) is to be made by being published online, and

(b) must, as soon as reasonably practicable after it is made, also be
30published in the London Gazette.

Other definitions

3 (1) In this Schedule—

  • “assessment”, in relation to a person, means assessment of the
    measures that it would be appropriate to take in relation to the
    35person (under this Schedule or otherwise) to mitigate the risk that
    the person might infect or contaminate others with coronavirus;

  • “biological sample” includes a sample of blood or respiratory
    secretions (including a sample of such secretions taken by a swab of
    the nasopharyngeal cavity);

  • 40“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;

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  • “screening”, in relation to a person, means—

    (a)

    assessing the extent to which a person has been exposed to
    coronavirus,

    (b)

    determining whether the person is infected or contaminated
    5with coronavirus, and

    (c)

    assessing the person’s symptoms and state of health.

(2) “Public health officer” means—

(a) in Part 2 of this Schedule—

(i) an officer of the Secretary of State designated by the Secretary
10of State for any or all of the purposes of this Schedule, or

(ii) a registered public health consultant so designated;

(b) in Part 3 of this Schedule—

(i) a person designated by the Scottish Ministers for any or all of
the purposes of this Schedule,

(ii) 15a person designated by a Health Board (see section 2(1)(a) of
the National Health Service (Scotland) Act 1978) for any or all
of the purposes of this Schedule, or

(iii) a person designated under section 3(1) of the Public Health
etc (Scotland) Act 2008 (asp 5) as a health board competent
20person;

(c) in Part 4 of this Schedule—

(i) an officer of the Welsh Ministers designated by them for any
or all of the purposes of this Schedule, or

(ii) any registered public health consultant so designated;

(d) 25in Part 5 of this Schedule—

(i) an officer of the Regional Agency for Public Health and Social
Well-being, or

(ii) a person acting under the direction or advice of the Director
of Public Health in Northern Ireland under arrangements for
30preventing or controlling the transmission of coronavirus.

(3) In this Schedule references to England, Scotland, Wales and Northern
Ireland include the territorial sea adjacent to those parts of the United
Kingdom respectively.

Part 2 35Powers relating to potentially infectious persons in England

Declarations of risks of coronavirus in England

4 (1) If at any time the Secretary of State is of the view that—

(a) the incidence or transmission of coronavirus constitutes a serious
and imminent threat to public health in England, and

(b) 40the powers conferred by this Part of this Schedule will be an effective
means of delaying or preventing significant further transmission of
coronavirus in England,

the Secretary of State may make a declaration to that effect.

(2) If, having made a declaration under this paragraph, the Secretary of State
45ceases to be of the view referred to in sub-paragraph (1), the Secretary of
State must revoke the declaration.

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(3) A declaration or the revocation of a declaration under this paragraph—

(a) is to be made by being published online, and

(b) must, as soon as reasonably practicable after it is made, also be
published in the London Gazette.

(4) 5The Secretary of State may make a declaration under this paragraph on more
than one occasion.

(5) Before making or revoking a declaration under this paragraph the Secretary
of State must consult the Chief Medical Officer or any of the Deputy Chief
Medical Officers of the Department of Health and Social Care.

5 10In this Part of this Schedule, “transmission control period” means a period
which—

(a) begins when the Secretary of State makes a declaration under
paragraph 4, and

(b) ends when the declaration is revoked.

15Powers to direct or remove persons to a place suitable for screening and assessment

6 (1) This paragraph applies if, during a transmission control period, a public
health officer has reasonable grounds to suspect that a person in England is
potentially infectious.

(2) The public health officer may, subject to sub-paragraph (3)

(a) 20direct the person to go immediately to a place specified in the
direction which is suitable for screening and assessment,

(b) remove the person to a place suitable for screening and assessment,
or

(c) request a constable to remove the person to a place suitable for
25screening and assessment (and the constable may then do so).

(3) A public health officer may exercise the powers conferred by this paragraph
in relation to a person only if the officer considers that it is necessary and
proportionate to do so—

(a) in the interests of the person,

(b) 30for the protection of other people, or

(c) for the maintenance of public health.

(4) Where a public health officer exercises the powers conferred by this
paragraph, the officer must inform that person—

(a) of the reason for directing or removing them, and

(b) 35that it is an offence—

(i) in a case where a person is directed, to fail without reasonable
excuse to comply with the direction, or

(ii) in a case where a person is removed (by the officer or by a
constable), to abscond.

7 (1) 40This paragraph applies if, during a transmission control period—

(a) a constable, or

(b) an immigration officer in the course of exercising any of their
functions,

has reasonable grounds to suspect that a person in England is potentially
45infectious.

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(2) The immigration officer or constable may, subject to sub-paragraph (3)

(a) direct the person to go immediately to a place specified in the
direction which is suitable for screening and assessment, or

(b) remove the person to a place suitable for screening and assessment.

(3) 5An immigration officer or constable may exercise the powers conferred by
this paragraph in relation to a person only if the officer or constable
considers that it is necessary and proportionate to do so—

(a) in the interests of the person,

(b) for the protection of other people, or

(c) 10for the maintenance of public health.

(4) Where an immigration officer or constable exercises the power to direct or
remove a person under this paragraph, the officer or constable must inform
that person—

(a) of the reason for directing or removing them, and

(b) 15that it is an offence—

(i) in a case where a person is directed, to fail without reasonable
excuse to comply with the direction, or

(ii) in a case where a person is removed, to abscond.

(5) An immigration officer or constable must, before exercising the powers
20conferred by this paragraph, consult a public health officer to the extent that
it is practicable to do so.

Powers exercisable at a screening and assessment place: public health officers

8 (1) Paragraphs 9 to 11 apply where, during a transmission control period—

(a) a person is (whether or not pursuant to the exercise of powers under
25this Part of this Schedule) at a place in England which is suitable for
screening and assessment, and

(b) a public health officer has reasonable grounds to suspect that the
person is potentially infectious.

(2) A public health officer may exercise a power conferred by paragraphs 9 to
3011 only if the officer considers that it is necessary and proportionate to do
so—

(a) in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

9 (1) 35A public health officer may require the person referred to in paragraph 8 to
remain at the place for screening and assessment purposes for a period not
exceeding 48 hours.

(2) Where a public health officer requires a person to remain at a place under
this paragraph, the officer must inform that person—

(a) 40of the reason for imposing the requirement,

(b) of the maximum period the person may be required to remain there,
and

(c) that it is an offence to fail to comply with the requirement.

(3) A requirement imposed on a person under this paragraph may be enforced
45by a public health officer or a constable keeping the person at the place.