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Coronavirus- Legal Issues and Responses / News Articles

The Health Protection (Coronavirus) Regulations 2020

Publish date: 19/03/2020

These Regulations supplement the health protection regime found in Part 2A of the Public Health (Control of Disease) Act 1984 (“the 1984 Act”) in the event that there exists a serious and imminent threat to public health from the virus known as “Wuhan novel coronavirus (2019-nCoV)”.

http://www.legislation.gov.uk/uksi/2020/129/note/made

Regulation 2 defines the terms used in the Regulations.

Regulation 3 provides that the Regulations apply where the Secretary of State makes a declaration on www.gov.uk that the incidence or transmission of Coronavirus constitutes a serious and imminent threat to public health and that the incidence of Coronavirus is at such a point that the measures outlined in these Regulations may reasonably be considered as an effective means of preventing the further transmission of Coronavirus.

Regulation 4 enables a person to be detained for screening purposes where certain conditions are met.

Regulation 5 enables screening and other requirements to be imposed on a person where certain conditions are met.

Regulation 6 sets out the screening requirements.

Regulation 7 enables further restrictions and requirements to be imposed on certain persons for the purpose of reducing or removing the risk of persons infecting or contaminating others.

Regulation 8 provides for the isolation of persons.

Regulation 9 makes additional provision in relation to cases where persons are detained or isolated.

Regulation 10 enables restrictions and requirements to be imposed in relation to groups of persons.

Regulation 11 provides that as well as being able to make a Part 2A order on the application of a local authority as provided for in section 45M(1) of the 1984 Act, a justice of the peace may make a Part 2A order on the application of a registered public health consultant or the Secretary of State in particular circumstances.

Regulations 12 and 13 provide for appeals and enforcement.

Regulation 14 provides powers for constables to detain persons.

Regulation 15 provides for offences.

Regulation 16 provides for the expiry of the Regulations at the end of two years.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.