The Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (revoked)

Enforcement of requirement to self-isolateE+W

5.—(1) Where an authorised person has reasonable grounds to believe that a person (“P”) has left, or is outside of, the place where P is self-isolating in contravention of regulation 4 [F1, or Schedule B1A or Schedule 2C], the authorised person may—

(a)direct P to return to the place where P is self-isolating,

(b)[F2where the authorised person is a constable,] remove P to the place where P is self-isolating,

(c)where [F3the authorised person is a constable and] it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to accommodation facilitated by the Secretary of State for the purposes of P's self-isolation.

[F4(1A) Where an authorised person has reasonable grounds to believe that P is a person who falls within regulation 4(1)(d), an authorised person may do any of the following for the purpose of ensuring that P complies with the requirements in Schedule B1A (additional measures)—

(a)give a direction to P, including a direction—

(i)that P remain in a particular area of a port to await transportation to accommodation designated for the purposes of Schedule B1A,

(ii)that P move to a particular place to board transportation designated for the purposes of Schedule B1A,

(iii)that P board transportation designated for the purposes of Schedule B1A to travel to accommodation designated for the purposes of Schedule B1A,

(iv)that P remain in the place where P is self-isolating;

(b)remove P to accommodation designated for the purposes of Schedule B1A.

(1B) Where an authorised person has reasonable grounds to believe that P is a person who falls within regulation 4(1)(d) and that P has committed an offence under regulation 6(1)(a) or (3), the authorised person may—

(a)require P to produce their passport or travel document for examination;

(b)detain P for up to three hours;

(c)search P and any baggage belonging to P or under P’s control, or any vehicle in which P has travelled, for evidence, other than items subject to legal privilege, that relates to the possible commission of an offence under regulation 6(3); and

(d)seize and retain any document or article recovered by a search under sub-paragraph (c).

(1C) Paragraph (1B) does not confer a power to detain or search an unaccompanied child.

(1D) Any search under paragraph (1B) must be conducted by an authorised person of the same gender as P.

(1E) Paragraph (1B) does not confer a power to conduct an intimate search.]

(2) [F5Paragraphs (1)(b) and (c), [F6(1A)] and (1B) do] not apply where P is a person described in paragraph 1 of Schedule 2.

(3) [F7An authorised person] exercising the power in paragraph [F8(1)(b) or (c), (1A)(b) or (1B)] may use reasonable force, if necessary, in the exercise of the power.

(4) Where P is a child, and has left or is outside of, the place where they are self-isolating and accompanied by an individual who has responsibility for them—

(a)an authorised person may direct that individual to take P to the place where P is self-isolating, and

(b)that individual must, so far as reasonably practicable, ensure that P complies with any direction given by an authorised person to P.

(5) Where P is a child, and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with regulation 4 [F9or Schedule B1A], the authorised person may direct any individual who has responsibility for P to ensure, so far as reasonably practicable, that P so complies.

(6) An authorised person may only exercise a power in [F10paragraph (1), (1A), (4)] or (5) if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with regulation 4 [F11or Schedule B1A].

(7) For the purposes of this regulation, “authorised person” means—

(a)a constable, F12...

[F13(aa)for the purposes of paragraphs (1A) and (1B) only, an immigration officer, or]

(b)a person designated by the Secretary of State for the purposes of this regulation.