Coronavirus Bill (HC Bill 122)

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

33 Where the powers in paragraph 27, 28 or 32 are exercised in relation to a
person in a place so as to direct them to go to, or remove them to, another
5place, paragraphs 30 to 32 apply in relation to that person afresh in that other
place.

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

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

(a) a person is (whether or not pursuant to the exercise of powers under
10this Part of this Schedule) at a place in Scotland which is suitable for
screening and assessment, and

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

(2) The immigration officer or constable may, subject to sub-paragraphs (3) to
15(6), keep the person at that place until such time as a public health officer can
exercise the functions under paragraphs 30 to 32 in relation to that person.

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

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

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

(4) 20If 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
exercise the functions under paragraphs 30 to 32 before the end of that
period, the officer or constable may, with the consent of a relevant officer,
25extend 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) In sub-paragraph (4) “relevant officer” means—

(a) a constable of the rank of superintendent or above, in the case of
30keeping 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) An immigration officer or constable may keep a person under this
paragraph only if they consider it is necessary and proportionate to do so—

(a) 35in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

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

(a) 40of 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) that it is an offence to abscond.

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(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

35 (1) 5This paragraph applies where, during a transmission control period—

(a) a person in Scotland has been screened and assessed by a public
health officer (under paragraph 30 or otherwise) and—

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

(ii) 10the screening was inconclusive, or

(b) a person in Scotland has been assessed by a public health officer
(under paragraph 30 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
15period 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) 20Requirements 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) 25to 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 30(1);

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

(e) 30to 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
35Kingdom);

(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
40person 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
45(3)(d) or (e) the public health officer must have regard to a person’s
wellbeing and personal circumstances.

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(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
in accordance with paragraph 36).

36 (1) 5The period specified in relation to a requirement referred to in paragraph
35(3)(d) or (e) (a “requirement to remain”), or in relation to any restriction
under paragraph 35, may not exceed 14 days.

(2) After the imposition of a requirement to remain or a restriction under
paragraph 35, a public health officer must—

(a) 10assess the person within 48 hours, and

(b) in the light of that assessment reconsider which requirements or
restrictions it is necessary and proportionate to impose on that
person under paragraph 35 for the purposes referred to in paragraph
35(2).

(3) 15The 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 35.

(4) 20If under sub-paragraph (3) the public health officer revokes the requirement
to remain or the restriction, the Scottish Ministers 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
25remain or restriction (under paragraph 35(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
30paragraph 35(2),

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

(6) Except in the case of a requirement referred to in paragraph 35(3)(e)
(requirement to remain in isolation), the further period specified under sub-
paragraph (5) may not exceed 14 days.

(7) 35Where the period to which a requirement to remain or restriction under
paragraph 35 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
40that 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
45restriction is no longer necessary and proportionate for the purposes
referred to in paragraph 35(2),

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the public health officer may substitute a different requirement or restriction
under paragraph 35 (which may not apply beyond the end of the further
period specified under sub-paragraph (5)).

37 Where a person is required to remain at a place under paragraph 35(3)(d) or
5(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
place;

(c) 10if 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.

38 (1) A person on whom a requirement or restriction is imposed under paragraph
35 may appeal against it (or against any variation of it or any extension of the
15period to which it relates) to the sheriff or summary sheriff.

(2) On an appeal under this paragraph the sheriff or summary sheriff may—

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

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

39 20The Scottish Ministers may compensate any person on whom a requirement
or restriction is imposed under paragraph 35.

Children

40 (1) An individual who has responsibility for a child must, so far as reasonably
practicable, secure that the child complies with any direction, instruction,
25requirement 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
assistance in relation to the child as is reasonably necessary and practicable
30in 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) A power under paragraph 31 or 35 may only be exercised in relation to a
35child 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
Schedule) that the person exercising the power considers to be
40appropriate, 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
must—

(a) 45if practicable, contact an individual who has responsibility for the
child before the power is exercised, or

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

(6) Where a child has a right of appeal (see paragraph 38), the right may be
5exercised by an individual who has responsibility for the child.

(7) For the purposes of this paragraph—

  • “adult” means a person aged 16 or over;

  • “child” means a person under the age of 16;

  • an individual has responsibility for a child—

    (a)

    10if 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)

    if the individual has parental responsibilities or parental
    rights in relation to the child (see sections 1(3) and 2(4) of the
    15Children (Scotland) Act 1995).

Formalities

41 (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 35 is given to a
20person 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

42 (1) A public health officer, constable or immigration officer may give reasonable
25instructions 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) 30Where 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) 35A 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) 40A constable may enter any place for the purpose of the exercise of a power
conferred by this Part of this Schedule.

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Guidance and advice

43 (1) A person exercising a power conferred by this Part of this Schedule must
have regard to—

(a) any relevant guidance issued, before or after the passing of this Act,
5by the relevant authority, and

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

(2) In sub-paragraph (1) “relevant authority” means—

(a) in relation to the exercise of a power by an immigration officer, the
10Secretary of State;

(b) in relation to the exercise of a power by a public health officer or
constable, the Scottish Ministers.

End of transmission control period

44 When the transmission control period during which a power conferred by
15this 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

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

(a) 20fails 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
paragraph 40(1) or (2) (duties of individuals who have responsibility
25for 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
requirement to provide information under this Part of this Schedule
30or 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) A person guilty of an offence under this paragraph is liable on summary
35conviction to imprisonment for a term not exceeding 12 months or to a fine
not exceeding level 5 on the standard scale (or to both).

Modifications of Public Health etc (Scotland) Act 2008

46 During a transmission control period, sections 56(1) and 58(2) of the Public
Health etc (Scotland) Act 2008 (which relate to compensation) have effect as
40if for “must” there were substituted “may”.

Constables

47 (1) The chief constable of the Police Service of Scotland may authorise a police
custody and security officer (see section 28 of the Police and Fire Reform

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(Scotland) Act 2012) to exercise the powers conferred on a constable by this
Part of this Schedule.

(2) Accordingly references to a constable in this Part of this Schedule include a
police custody and security officer so authorised.

Part 4 5Powers relating to potentially infectious persons in Wales

Declarations of risks of coronavirus in Wales

48 (1) If at any time the Welsh Ministers are of the view that—

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

(b) 10the powers conferred by this Part of this Schedule will be an effective
means of delaying or preventing significant further transmission of
coronavirus in Wales,

the Welsh Ministers may make a declaration to that effect.

(2) If, having made a declaration under this paragraph, the Welsh Ministers
15cease 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) must, as soon as reasonably practicable after it is made, also be
20published in a newspaper circulating in Wales.

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

(5) Before making or revoking a declaration under this paragraph the Welsh
Ministers must consult the Chief Medical Officer or one of the Deputy Chief
25Medical Officers of the Health and Social Services Directorate in Wales.

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

(a) begins when a declaration is made under paragraph 48, and

(b) ends when the declaration is revoked.

30Powers to direct or remove persons to a place suitable for screening and assessment

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

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

(a) 35direct 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
40screening and assessment (and the constable may then do so).

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(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) 5for 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) 10that 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.

51 (1) 15This 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 Wales is potentially
20infectious.

(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) 25An 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) 30for 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) 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, to abscond.

(5) An immigration officer or constable must, before exercising the powers
40conferred 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

52 (1) Paragraphs 53 to 55 apply where, during a transmission control period—

(a) a person is (whether or not pursuant to the exercise of powers under
45this Part of this Schedule) at a place in Wales which is suitable for
screening and assessment, and

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(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 53 to
55 only if the officer considers that it is necessary and proportionate to do
5so—

(a) in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

53 (1) A public health officer may require the person referred to in paragraph 52 to
10remain 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) of the reason for imposing the requirement,

(b) 15of 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
by a public health officer or a constable keeping the person at the place.

54 (1) 20A public health officer may—

(a) require the person referred to in paragraph 52 to be screened and
assessed, and

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

(2) 25Requirements 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) to allow a healthcare professional to take a biological sample
30by 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) In sub-paragraph (2)(a)(ii) “healthcare professional” means —

(a) 35a registered medical practitioner,

(b) a registered nurse, or

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

(4) Requirements under sub-paragraph (1)(b) may in particular include
40requirements 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.

55 (1) If a public health officer considers it appropriate for the purposes of
45screening or assessing the person, the officer may—

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(a) direct the person referred to in paragraph 52 to go immediately to
another place which is specified in the direction and is suitable for
those purposes,

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

(c) 5request a constable to remove the person to a 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) of the reason for directing or removing them, and

(b) 10that 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.

56 15Where the powers in paragraph 50, 51 or 55 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 53 to 55 apply in relation that person afresh in that other
place.

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

57 (1) 20This paragraph applies 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 Wales which is suitable for
screening and assessment, and

(b) an immigration officer or a constable has reasonable grounds to
25suspect 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 53 to 55 in relation to that person.

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

(a) 30by 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
35exercise the functions under paragraphs 53 to 55 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) 40In 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) 45An immigration officer or constable may keep a person under this
paragraph only if they consider it is necessary and proportionate to do so—