Coronavirus Bill (HC Bill 122)

(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) 5to 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 75(1);

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

(e) 10to 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
15Kingdom);

(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
20person 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
25(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
30in accordance with paragraph 80).

80 (1) The period specified in relation to a requirement referred to in paragraph
79(3)(d) or (e) (a “requirement to remain”) or in relation to any restriction
under paragraph 79, may not exceed 14 days.

(2) After the imposition of a requirement to remain or a restriction under
35paragraph 79, a public health officer must—

(a) assess 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 79 for the purposes referred to in paragraph
4079(2).

(3) The 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) 45substitute a different requirement or restriction under paragraph 79.

(4) If under sub-paragraph (3) the public health officer revokes the requirement
to remain or the restriction, the Department of Health 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 the requirement to
remain or restriction (under paragraph 79(3) or sub-paragraph (3)(a))—

(a) a public health officer reasonably suspects that the person will be
5potentially 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
paragraph 79(2),

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

(6) 10Except in the case of a requirement referred to in paragraph 79(3)(e)
(requirement to remain in isolation), the further period specified under sub-
paragraph (5) may not exceed 14 days.

(7) Where the period to which a requirement to remain or restriction under
paragraph 79 relates is extended under sub-paragraph (5), a public health
15officer 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
that the person is no longer potentially infectious, the officer must revoke the
requirement or restriction.

(9) 20If 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
the restriction is no longer necessary and proportionate for the
purposes referred to in paragraph 79(2),

25the public health officer may substitute a different requirement or restriction
under paragraph 79 (which may not apply beyond the end of the further
period specified under sub-paragraph (5)).

81 Where a person is required to remain at a place under paragraph 79(3)(d) or
(e), the requirement may be enforced—

(a) 30by 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) if the person absconds, by a constable taking the person into custody
35and returning them to that place or another place a public health
officer may specify.

82 (1) A person on whom a requirement or restriction is imposed under paragraph
79 may appeal against it (or against any variation of it or any extension of the
period to which it relates) to a court of summary jurisdiction.

(2) 40On an appeal under this paragraph the court 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).

Children

83 (1) An individual who has responsibility for a child must, so far as reasonably
practicable, secure that the child complies with any direction, instruction,
requirement or restriction given to or imposed on the child under this Part
5of 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
in the circumstances.

(3) 10A 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 75 or 79 may only be exercised in relation to a
child in the presence of—

(a) 15an 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 or a person employed by the Northern Ireland Policing
Board) that the person exercising the power considers to be
20appropriate, 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) 25if 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
exercise of the power in relation to the child.

(6) 30Where a child has a right of appeal (see paragraph 82), 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;

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

• 35an 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 a person employed
  by the Northern Ireland Policing Board), or

  (b)

  40if the individual has parental responsibility for the child
  (within the meaning of the Children (Northern Ireland)
  Order 1995 (S.I. 1995/755 (N.I. 2))).

Formalities

84 (1) A direction, instruction, requirement or restriction under this Part of this
45Schedule may be given or imposed orally or in writing.

(2) But where a requirement or restriction under paragraph 79 is given to a
person 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.

5Ancillary powers

85 (1) A public health officer, constable or immigration officer may give reasonable
instructions 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) 10removing the person to or keeping the person at a place under a
power conferred by this Part of this Schedule.

(2) Where 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) 15of the reason for the instruction, and

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

(3) A 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) 20A constable or immigration officer may use reasonable force, if necessary, in
the exercise of a power conferred by this Part of this Schedule.

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

Guidance and advice

86 (1) 25A 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,
by the relevant authority, and

(b) any advice given by a public health officer in relation to any
30particular case.

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

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

(b) in relation to the exercise of a power in Northern Ireland by a public
35health officer or constable, the Department of Health.

End of transmission control period

87 When 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
40after the end of the period.

Offences

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

(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 83(1) and (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.

Supplementary interpretation

89 In this Part of this Schedule—

(a) “constable” includes any police officer and any member of the
20Harbour or Airport Police;

(b) “Department of Health” means the Department of Health in
Northern Ireland.

Section 50

SCHEDULE 21 Powers to issue directions relating to events, gatherings and premises

25Part 1 General

Interpretation

1 (1) In this Schedule—

• “Crown premises” means (subject to sub-paragraph (2)) any premises
  30that are property—

  (a)

  belonging to Her Majesty in right of the Crown or of the
  Duchy of Lancaster,

  (b)

  belonging to the Duchy of Cornwall,

  (c)

  belonging to a government department or held in trust for
  35Her Majesty for the purposes of a government department, or

  (d)

  belonging to an office holder in the Scottish Administration
  or held in trust for Her Majesty by an office holder in the
  Scottish Administration for the purposes of the Scottish
  administration;

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

  (a)

  any vehicle, train, vessel or aircraft,

  (b)

  any tent or movable structure, and

  Coronavirus BillPage 254

  (c)

  any offshore installation (within the meaning given by
  regulation 3 of the Offshore Installations and Pipeline Works
  (Management and Administration) Regulations 1995 (S.I.
  1995/738),

  5and references to premises includes a part of premises;

• “specified” means specified in a direction issued under this Schedule;

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

(2) For the purposes of sub-paragraph (1), “Crown premises” does not include
10any vessel—

(a) belonging to Her Majesty, or

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

(3) This Schedule applies in relation to Crown premises as it applies in relation
15to any other premises.

Disapplication to the Parliamentary Estate

2 Nothing in this Schedule applies in relation to the Parliamentary Estate.

Part 2 Powers relating to events, gatherings and premises in England

20Declaration of threat to public health in England due to coronavirus

3 (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) the powers conferred by this Part of this Schedule will be an effective
25means of—

(i) preventing, protecting against, delaying or otherwise
controlling the incidence or transmission of coronavirus in
England, or

(ii) facilitating the most appropriate deployment of medical or
30emergency personnel and resources 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
ceases to be of the view mentioned in sub-paragraph (1), the Secretary of
State must revoke the declaration.

(3) 35A 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) Before making or revoking a declaration under this paragraph, the Secretary
40of State must consult the Chief Medical Officer or any of the Deputy Chief
Medical Officers of the Department of Health and Social Care.

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

4 In this Part of this Schedule, “public health response period” means a period
which—

(a) begins when the Secretary of State makes a declaration under
paragraph 3(1), and

(b) 5ends when the Secretary of State revokes the declaration.

Power to prohibit or otherwise restrict events or gatherings in England

5 (1) The Secretary of State may, for the purpose of—

(a) preventing, protecting against, delaying or otherwise controlling the
incidence or transmission of coronavirus, or

(b) 10facilitating the most appropriate deployment of medical or
emergency personnel and resources,

issue a direction prohibiting, or imposing requirements or restrictions in
relation to, the holding of an event or gathering in England.

(2) A direction under sub-paragraph (1) may be issued in relation to—

(a) 15a specified event or gathering, or

(b) events or gatherings of a specified description.

(3) A direction under sub-paragraph (1) may only have the effect of imposing
prohibitions, requirements or restrictions on—

(a) the owner or occupier of premises for an event or gathering to which
20the direction relates;

(b) the organiser of such an event or gathering;

(c) any other person involved in holding such an event or gathering.

(4) A direction under sub-paragraph (1) may only be issued during a public
health response period.

(5) 25A direction under sub-paragraph (1) may, among other things, impose
requirements about informing persons who may be planning to attend an
event or gathering of its prohibition or any requirements or restrictions
imposed in relation to the holding of it.

(6) For the purposes of sub-paragraph (2), events or gatherings may be
30described—

(a) by reference to a number of people attending the event or gathering,

(b) by reference to a requirement for medical or emergency services to
attend the event or gathering, or

(c) in any other way.

(7) 35The reference in sub-paragraph (3)(c) to a person involved in the holding of
an event or gathering does not include a person whose only involvement in
the event or gathering is, or would be, by attendance at the event or
gathering.

Power to close premises in England or impose restrictions on persons entering or remaining
40inside them

6 (1) The Secretary of State may, for the purpose of—

(a) preventing, protecting against, delaying or otherwise controlling the
incidence or transmission of coronavirus, or

(b) facilitating the most appropriate deployment of medical or
45emergency personnel and resources,

issue a direction imposing prohibitions, requirements or restrictions in
relation to the entry into, departure from, or location of persons in premises
in England.

(2) A direction under sub-paragraph (1) may be issued in relation to—

(a) 5specified premises, or

(b) premises of a specified description.

(3) A direction under sub-paragraph (1) may only have the effect of imposing
prohibitions, requirements or restrictions on—

(a) the owner or occupier of premises to which the direction relates;

(b) 10any other person involved in managing entry into, or departure
from, such premises or the location of persons in them.

(4) A direction under sub-paragraph (1) may only be issued during a public
health response period.

(5) A direction under sub-paragraph (1) may, among other things, impose
15requirements for the purpose of—

(a) closing the premises;

(b) restricting entry into the premises;

(c) securing restrictions in relation to the location of persons in the
premises.

(6) 20A direction under sub-paragraph (1) may impose prohibitions,
requirements or restrictions by reference to (among other things)—

(a) the number of persons in the premises;

(b) the size of the premises;

(c) the purpose for which a person is in the premises;

(d) 25the facilities in the premises;

(e) a period of time.

Variations and revocations

7 The Secretary of State may vary or revoke to any extent a direction issued
under this Part of this Schedule.

30Procedure

8 (1) Before issuing a direction under this Part of this Schedule, the Secretary of
State must have regard to any relevant advice given to the Secretary of State
by the Chief Medical Officer or any of the Deputy Chief Medical Officers of
the Department of Health and Social Care.

(2) 35Where a direction imposes prohibitions, requirements or restrictions on a
person specified by name, the direction—

(a) must be given in writing to that person, and

(b) may be published in such manner as the Secretary of State considers
appropriate to bring it to the attention of other persons who may be
40affected by it.

(3) In any other case, the direction must be published in such manner as the
Secretary of State considers appropriate to bring it to the attention of persons
who may be affected by it.

(4) Where the Secretary of State varies or revokes a direction which imposes
prohibitions, requirements or restrictions on a person specified by name,
notice of the variation or revocation—

(a) must be given in writing to that person, and

(b) 5may be published in such manner as the Secretary of State considers
appropriate to bring it to the attention of other persons who may be
affected by it.

(5) Where the Secretary of State varies or revokes any other direction, notice of
the variation or revocation must be published in such manner as the
10Secretary of State considers appropriate to bring it to the attention of persons
who may be affected by the variation or revocation.

Offences

9 (1) A person commits an offence if the person fails without reasonable excuse to
comply with a prohibition, requirement or restriction imposed on the person
15by a direction issued under this Part of this Schedule.

(2) A person guilty of an offence under this paragraph is liable on summary
conviction to a fine.

10 (1) If an offence under paragraph 9 committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer
20of the body, or

(b) to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) is guilty of the offence and liable
to be prosecuted and proceeded against and punished accordingly.

(2) In sub-paragraph (1), “officer”, in relation to a body corporate, means a
25director, manager, secretary or other similar officer of the body corporate.

End of public health response period

11 When a public health response period comes to an end, a direction under
this Part of this Schedule issued during that period ceases to have effect in
respect of times after the end of the period.

30Part 3 Powers relating to events, gatherings and premises in Scotland

Declaration of threat to public health in Scotland due to coronavirus

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

(a) the incidence or transmission of coronavirus constitutes a serious
35and imminent threat to public health in Scotland, and

(b) the powers conferred by this Part of this Schedule will be an effective
means of—

(i) preventing, protecting against, delaying or otherwise
controlling the incidence or transmission of coronavirus in
40Scotland, or

(ii) facilitating the most appropriate deployment of medical or
emergency personnel and resources in Scotland,

the Scottish Ministers may make a declaration to that effect.

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

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

(a) 5is to be made by being published online, and

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

(4) Before making or revoking a declaration under this paragraph, the Scottish
Ministers must consult the Chief Medical Officer of the Scottish
10Administration or such other person as may be designated for the purpose
of this paragraph by the Scottish Ministers.

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

13 In this Part of this Schedule, “public health response period” means a period
15which—

(a) begins when the Scottish Ministers make a declaration under
paragraph 12(1), and

(b) ends when the Scottish Ministers revoke the declaration.

Power to prohibit or otherwise restrict events or gatherings in Scotland

14 (1) 20The Scottish Ministers may, for the purpose of—

(a) preventing, protecting against, delaying or otherwise controlling the
incidence or transmission of coronavirus, or

(b) facilitating the most appropriate deployment of medical or
emergency personnel and resources,

25issue a direction prohibiting, or imposing requirements or restrictions in
relation to, the holding of an event or gathering in Scotland.

(2) A direction under sub-paragraph (1) may be issued in relation to—

(a) a specified event or gathering, or

(b) events or gatherings of a specified description.

(3) 30A direction under sub-paragraph (1) may only have the effect of imposing
prohibitions, requirements or restrictions on—

(a) the owner or occupier of premises for an event or gathering to which
the direction relates;

(b) the organiser of such an event or gathering;

(c) 35any other person involved in holding such an event or gathering.

(4) A direction under sub-paragraph (1) may only be issued during a public
health response period.

(5) A direction under sub-paragraph (1) may, among other things, impose
requirements about informing persons who may be planning to attend an
40event or gathering of its prohibition or any requirements or restrictions
imposed in relation to the holding of it.

(6) For the purposes of sub-paragraph (2), events or gatherings may be
described—

(a) by reference to a number of people attending the event or gathering,