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10 (1) A public health officer may—

(a) require the person referred to in paragraph 8 to be screened and
assessed, and

(b) impose other requirements on the person in connection with their
5screening and assessment.

(2) Requirements under sub-paragraph (1)(a) may in particular include
requirements on a person—

(a) at such times as the public health officer may specify—

(i) to provide a biological sample, or

(ii) 10to allow a healthcare professional to take a biological sample
by appropriate means;

(b) to answer questions and provide information about their health or
other relevant matters (including their travel history and other
individuals with whom they may have had contact).

(3) 15In sub-paragraph (2)(a)(ii) “healthcare professional” means —

(a) a registered medical practitioner,

(b) a registered nurse, or

(c) such other registered healthcare professional as may be designated
by the Secretary of State.

(4) 20Requirements under sub-paragraph (1)(b) may in particular include
requirements on a person—

(a) to produce any documents which may assist in their assessment;

(b) to provide details by which they may be contacted during such
subsequent period as the public health officer may specify.

11 (1) 25If a public health officer considers it appropriate for the purposes of
screening or assessing the person, the officer may—

(a) direct the person referred to in paragraph 8 to go immediately to
another place which is specified in the direction and is suitable for
those purposes,

(b) 30remove the person to another place suitable for those purposes, or

(c) request a constable to remove the person to another place suitable for
those purposes (and the constable may then do so).

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

(a) 35of the reason for directing or removing them, and

(b) that 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
40constable), to abscond.

12 Where the powers in paragraph 6, 7 or 11 are exercised in relation to a person
in a place so as to direct them to go to, or remove them to, another place,
paragraphs 9 to 11 apply in relation that person afresh in that other place.

Powers exercisable at a screening and assessment place: constables and immigration officers

13 (1) 45This paragraph applies where, during a transmission control period—

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

(b) an immigration officer or a constable has reasonable grounds to
5suspect that the person is potentially infectious.

(2) The immigration officer or constable may, subject to sub-paragraphs (3) to
(6), keep the person at that place until such time as a public health officer can
exercise the functions under paragraphs 9 to 11 in relation to that person.

(3) A person may not under sub-paragraph (2) be kept—

(a) 10by a constable, for a period exceeding 24 hours, or

(b) by an immigration officer, for a period exceeding 3 hours.

(4) If before the end of the period referred to in sub-paragraph (3)(a) or (b) the
immigration officer or constable considers that it is necessary to extend the
period because it is not reasonably practicable for a public health officer to
15exercise the functions under paragraphs 9 to 11 before the end of that period,
the officer or constable may, with the consent of a relevant officer, extend the
period for a further—

(a) 24 hours, in the case of keeping by a constable, or

(b) 9 hours, in the case of keeping by an immigration officer.

(5) 20In sub-paragraph (4) “relevant officer” means—

(a) a constable of the rank of superintendent or above, in the case of
keeping by a constable, or

(b) an immigration officer of the rank of senior immigration officer or
above, in the case of keeping by an immigration officer.

(6) 25An immigration officer or constable may keep a person under this
paragraph only if they consider 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.

(7) 30Where an immigration officer or constable keeps a person at a place under
this paragraph, they must inform that person—

(a) of the reason for keeping them,

(b) of the maximum period for which they may be kept (taking into
account the effect of sub-paragraph (4)), and

(c) 35that it is an offence to abscond.

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

Powers exercisable after assessment

14 (1) 40This paragraph applies where, during a transmission control period—

(a) a person in England has been screened and assessed by a public
health officer (under paragraph 10 or otherwise) and—

(i) the screening confirmed that the person is infected or
contaminated with coronavirus, or

(ii) 45the screening was inconclusive, or

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(b) a person in England has been assessed by a public health officer
(under paragraph 10 or otherwise) and the officer has reasonable
grounds to suspect that the person is potentially infectious.

(2) A public health officer may at any time during the transmission control
5period impose such requirements and restrictions on the person as the
officer considers necessary and proportionate—

(a) in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

(3) 10Requirements under this paragraph may include requirements—

(a) to provide information to the public health officer or any specified
person;

(b) to provide details by which the person may be contacted during a
specified period;

(c) 15to go for the purposes of further screening and assessment to a
specified place suitable for those purposes and do anything that may
be required under paragraph 10(1);

(d) to remain at a specified place (which may be a place suitable for
screening and assessment) for a specified period;

(e) 20to remain at a specified place in isolation from others for a specified
period.

(4) Restrictions on a person under this paragraph may include restrictions, for
a specified period, on—

(a) the person’s movements or travel (within or outside the United
25Kingdom);

(b) the person’s activities (including their work or business activities);

(c) the person’s contact with other persons or with other specified
persons.

(5) Where a public health officer imposes a requirement or restriction on a
30person under this paragraph, the officer must inform the person—

(a) of the reason for doing so, and

(b) that it is an offence to fail to comply with the requirement or
restriction.

(6) In deciding whether to impose a requirement referred to in sub-paragraph
35(3)(d) or (e) the public health officer must have regard to a person’s
wellbeing and personal circumstances.

(7) A public health officer may vary or revoke a requirement or restriction
imposed on a person (but may only extend the period to which a
requirement referred to in sub-paragraph (3)(d) or (e) or a restriction relates
40in accordance with paragraph 15).

15 (1) The period specified in relation to a requirement referred to in paragraph
14(3)(d) or (e) (a “requirement to remain”), or in relation to any restriction
under paragraph 14, may not exceed 14 days.

(2) After the imposition of a requirement to remain or a restriction under
45paragraph 14, a public health officer must—

(a) assess the person within 48 hours, and

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(b) in the light of that assessment reconsider which requirements or
restrictions it is necessary and proportionate to impose on that
person under paragraph 14 for the purposes referred to in paragraph
14(2).

(3) 5The public health officer may, following reconsideration under sub-
paragraph (2)

(a) revoke the requirement to remain or the restriction or specify a
different period not exceeding 14 days in relation to it;

(b) substitute a different requirement or restriction under paragraph 14.

(4) 10If under sub-paragraph (3) the public health officer revokes the requirement
to remain or the restriction, the Secretary of State may, if satisfied that the
person is potentially infectious, re-impose the requirement or restriction (for
the period originally specified).

(5) If before the end of the period specified in relation to a requirement to
15remain or restriction (under paragraph 14(3) or sub-paragraph (3)(a)) —

(a) a public health officer reasonably suspects that the person will be
potentially infectious at the end of that period, and

(b) the officer considers that the requirement or restriction is still
necessary and proportionate for the purposes referred to in
20paragraph 14(2),

the officer may extend the period for a further specified period.

(6) Except in the case of a requirement referred to in paragraph 14(3)(e)
(requirement to remain in isolation), the further period specified under sub-
paragraph (5) may not exceed 14 days.

(7) 25Where the period to which a requirement to remain or restriction under
paragraph 14 relates is extended under sub-paragraph (5), a public health
officer must review the requirement or restriction at least once in every
period of 24 hours.

(8) If on a review under sub-paragraph (7) the public health officer considers
30that the person is no longer potentially infectious, the officer must revoke the
requirement to remain or the restriction.

(9) If on a review under sub-paragraph (7)—\Q

(a) sub-paragraph (8) does not apply, but

(b) the public health officer considers that the requirement to remain or
35the restriction is no longer necessary and proportionate for the
purposes referred to in paragraph 14(2),

the public health officer may substitute a different requirement or restriction
under paragraph 14 (which may not apply beyond the end of the further
period specified under sub-paragraph (5)).

16 40Where a person is required to remain at a place under paragraph 14(3)(d) or
(e) the requirement may be enforced—

(a) by a constable or public health officer removing the person to the
place;

(b) by a constable or public health officer keeping the person at the
45place;

(c) if the person absconds, by a constable taking the person into custody
and returning them to that place or another place a public health
officer may specify.

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17 (1) A person on whom a requirement or restriction is imposed under paragraph
14 may appeal against it (or against any variation of it or any extension of the
period to which it relates) to a magistrates’ court.

(2) On an appeal under this paragraph the court may—

(a) 5confirm the requirement or restriction (or variation or extension),
with or without modification, or

(b) quash the requirement or restriction (or variation or extension).

Children

18 (1) An individual who has responsibility for a child must, so far as reasonably
10practicable, secure that the child complies with any direction, instruction,
requirement or restriction given to or imposed on the child under this Part
of this Schedule.

(2) An individual who has responsibility for a child must provide to a person
exercising a power under this Part of this Schedule such information and
15assistance in relation to the child as is reasonably necessary and practicable
in the circumstances.

(3) A power under this Part of this Schedule to direct or require a child to go to
a place may instead be exercised by directing or requiring an individual who
has responsibility for the child to take the child to the place.

(4) 20A power under paragraph 10 or 14 may only be exercised in relation to a
child in the presence of—

(a) an individual who has responsibility for the child, or

(b) if the child is not accompanied by such an individual, an adult (not
being a person on whom powers are conferred under this Part of this
25Schedule) that the person exercising the power considers to be
appropriate, having regard to any views of the child.

(5) Where a power under this Part of this Schedule is exercisable in relation to a
child but the child is not accompanied by an individual who has
responsibility for the child, the person by whom the power is exercisable
30must—

(a) if practicable, contact an individual who has responsibility for the
child before the power is exercised, or

(b) if that is not practicable, take reasonable steps after the power is
exercised to contact such an individual and inform them of any
35exercise of the power in relation to the child.

(6) Where a child has a right of appeal (see paragraph 17) the right may be
exercised by an individual who has responsibility for the child.

(7) For the purposes of this paragraph—

  • “adult” means a person aged 18 or over;

  • 40“child” means a person under the age of 18;

  • an individual has responsibility for a child—

    (a)

    if the individual has custody or charge of the child for the
    time being (without being a person on whom powers are
    conferred by this Part of this Schedule), or

    (b)

    45if the individual has parental responsibility for the child
    (within the meaning of the Children Act 1989).

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Formalities

19 (1) A direction, instruction, requirement or restriction under this Part of this
Schedule may be given or imposed orally or in writing.

(2) But where a requirement or restriction under paragraph 14 is given to a
5person orally by a public health officer, the public health officer must as soon
as reasonably practicable thereafter give the person a notice setting it out in
writing.

Ancillary powers

20 (1) A public health officer, constable or immigration officer may give reasonable
10instructions to a person in connection with—

(a) a direction given to that person under a power conferred by this Part
of this Schedule, or

(b) removing the person to or keeping the person at a place under a
power conferred by this Part of this Schedule.

(2) 15Where a public health officer, constable or immigration officer gives a
reasonable instruction to a person under sub-paragraph (1), the officer or
constable must inform that person—

(a) of the reason for the instruction, and

(b) that it is an offence to fail to comply with it.

(3) 20A power conferred by this Part of this Schedule to remove a person to a place
includes a power to keep the person for a reasonable period pending their
removal.

(4) A constable or immigration officer may use reasonable force, if necessary, in
the exercise of a power conferred by this Part of this Schedule.

(5) 25A constable may enter any place for the purpose of the exercise of a power
conferred by this Part of this Schedule.

Guidance and advice

21 A person exercising a power conferred by this Part of this Schedule must
have regard to—

(a) 30any relevant guidance issued, before or after the passing of this Act,
by the Secretary of State, and

(b) any advice given by a public health officer in relation to any
particular case.

End of transmission control period

22 35When the transmission control period during which a power conferred by
this Part of this Schedule is exercised comes to an end, any requirement or
restriction imposed under the power ceases to have effect in respect of times
after the end of the period.

Offences

23 (1) 40A person commits an offence if the person—

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(a) fails without reasonable excuse to comply with any direction,
reasonable instruction, requirement or restriction given to or
imposed on the person under this Part of this Schedule,

(b) fails without reasonable excuse to comply with a duty under
5paragraph 18(1) or (2) (duties of individuals who have responsibility
for a child),

(c) absconds or attempts to abscond while being removed to or kept at
a place under this Part of this Schedule,

(d) knowingly provides false or misleading information in response to a
10requirement to provide information under this Part of this Schedule
or otherwise in connection with the exercise of any power under this
Part of this Schedule, or

(e) obstructs a person who is exercising or attempting to exercise a
power conferred by this Part of this Schedule.

(2) 15A person guilty of an offence under this paragraph is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

Revocation of regulations

24 (1) The Health Protection (Coronavirus) Regulations 2020 (S.I. 2020/129) (“the
2020 Regulations”) are revoked.

(2) 20Any area declared by the Secretary of State under regulation 2 of the 2020
Regulations is to be regarded as an infected area for the purposes of this
Schedule.

(3) The declaration made by the Secretary of State on 10 February 2020 under
regulation 3 of the 2020 Regulations is to be regarded as a declaration made
25by the Secretary of State under paragraph 4 of this Schedule.

(4) The revocation of the 2020 Regulations does not affect any requirement
imposed on a person under regulation 4 of the 2020 Regulations (detention).

(5) Any requirement or restriction which—

(a) is imposed on a person under regulation 5, 7 or 8 of the 2020
30Regulations, and

(b) which, but for the revocation of the 2020 Regulations, would
continue to have effect in relation to times after the coming into force
of this paragraph,

is to be regarded as having been imposed under paragraph 14 of this
35Schedule.

(6) A person who, at the time the 2020 Regulations are revoked, is being
removed or kept under regulation 14(2)(b) or (c) is to be treated as removed
or kept under (respectively) paragraph 7(2)(b) or 13(2) of this Schedule.

Part 3 40Powers relating to potentially infectious persons in Scotland

Declarations of risks of coronavirus in Scotland

25 (1) If at any time the Scottish Ministers are of the view that—

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

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

the Scottish Ministers may make a declaration to that effect.

(2) 5If, having made a declaration under this paragraph, the Scottish Ministers
cease to be of the view referred to in sub-paragraph (1), they must revoke the
declaration.

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

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

(b) 10must, as soon as reasonably practicable after it is made, also be
published in the Edinburgh Gazette.

(4) The Scottish Ministers may make a declaration under this paragraph on
more than one occasion.

(5) Before making or revoking a declaration under this paragraph the Scottish
15Ministers must consult the Chief Medical Officer of the Scottish
Administration or such other person as may be designated for the purposes
of this paragraph by the Scottish Ministers.

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

(a) 20begins when a declaration is made under paragraph 25, and

(b) ends when the declaration is revoked.

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

27 (1) This paragraph applies if, during a transmission control period, a public
health officer has reasonable grounds to suspect that a person in Scotland is
25potentially infectious.

(2) The public health officer 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,

(b) remove the person to a place suitable for screening and assessment,
30or

(c) request a constable to remove the person to a place suitable for
screening 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
35proportionate 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.

(4) Where a public health officer exercises the powers conferred by this
40paragraph, the officer must inform that person—

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

(b) that it is an offence—

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

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

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

(a) a constable, or

(b) 5an immigration officer in the course of exercising any of their
functions,

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

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

(a) 10direct 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) An immigration officer or constable may exercise the powers conferred by
this paragraph in relation to a person only if the officer or constable
15considers 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.

(4) Where an immigration officer or constable exercises the power to direct or
20remove a person under this paragraph, the officer or constable must inform
that person—

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

(b) that it is an offence—

(i) in a case where a person is directed, to fail without reasonable
25excuse 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
conferred by this paragraph, consult a public health officer to the extent that
it is practicable to do so.

30Powers exercisable at a screening and assessment place: public health officers

29 (1) Paragraphs 30 to 32 apply where, during a transmission control period—

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

(b) 35a 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 30 to
32 only if the officer considers that it is necessary and proportionate to do
so—

(a) 40in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

30 (1) A public health officer may require the person referred to in paragraph 29 to
remain at the place for screening and assessment purposes for a period not
45exceeding 48 hours.

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

(a) of the reason for imposing the requirement,

(b) of the maximum period the person may be required to remain there,
5and

(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
by a constable keeping the person at the place.

31 (1) A public health officer may—

(a) 10require the person referred to in paragraph 29 to be screened and
assessed, and

(b) impose other requirements on the person in connection with their
screening and assessment.

(2) Requirements under sub-paragraph (1)(a) may in particular include
15requirements on a person—

(a) at such times as the public health officer may specify—

(i) to provide a biological sample, or

(ii) to allow a healthcare professional to take a biological sample
by appropriate means;

(b) 20to answer questions and provide information about their health or
other relevant matters (including their travel history and other
individuals with whom they may have had contact).

(3) In sub-paragraph (2)(a)(ii) “healthcare professional” means —

(a) a registered medical practitioner,

(b) 25a registered nurse, or

(c) such other registered healthcare professional as may be designated
by the Scottish Ministers.

(4) Requirements under sub-paragraph (1)(b) may in particular include
requirements on a person—

(a) 30to produce any documents which may assist in their assessment;

(b) to provide details by which they may be contacted during such
subsequent period as the public health officer may specify.

32 (1) If a public health officer considers it appropriate for the purposes of
screening or assessing the person, the officer may—

(a) 35direct the person referred to in paragraph 29 to go immediately to
another place which is specified in the direction and is suitable for
those purposes,

(b) remove the person to another place suitable for those purposes, or

(c) request a constable to remove the person to another place suitable for
40those purposes (and the constable may then do so).

(2) 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) that it is an offence—

(i) 45in a case where a person is directed, to fail without reasonable
excuse to comply with the direction, or