FIRST new law: Health Protection (Coronavirus) Regs 2020, 10 February. Same day, Gov declared public health emergency, named Wuhan as an "infected area" & designated Arrowe Park Hospital & Kents Hill Park as an “isolation” facility
legislation.gov.uk/uksi/2020/129/…
thegazette.co.uk/notice/3495369
legislation.gov.uk/uksi/2020/129/…
thegazette.co.uk/notice/3495369
New Health Regs allow arrest & detention in hospital of people suspected of having #Covid2019 or coming to UK from an infected area.
That was before Gov moved to 'stay at home if you're infected'. But powers can still be used.
That was before Gov moved to 'stay at home if you're infected'. But powers can still be used.
Under new Health Regs, police can arrest, and then detain in hospital for up to 48 hours anyone suspected of infection - reg 14 legislation.gov.uk/uksi/2020/129/…
NHS consultants can order detention in hospital of anyone arriving in England from an "infected area" & anyone suspected of having Covid2019 who might spread it: reg 4. Police can enforce that order: reg 13. Anyone detained has the right to appeal to a magistrates' court: reg 12
New Health Regs give consultants & officials power to restrict "travel" and "activities": reg 7. But this can only be applied to individuals (not groups, see reg 10(1)) and only those suspected of infection, or arriving from an infected area abroad.
Wales has same Regs legislation.gov.uk/wsi/2020/308/c…
The regs are made under Public Health (Control of Disease) Act 1984, which doesn't apply to Scotland or N Ireland, so no regs were made there. legislation.gov.uk/ukpga/1984/22/…
The regs are made under Public Health (Control of Disease) Act 1984, which doesn't apply to Scotland or N Ireland, so no regs were made there. legislation.gov.uk/ukpga/1984/22/…
SECOND new law: Health Protection (Coronavirus, Business Closure) (England*) Regulations 2020
* Wales has its own, essentially identical Regs.
Again, none for Scotland of N Ireland
* Wales has its own, essentially identical Regs.
Again, none for Scotland of N Ireland
These Business Closure Regs were made on Saturday 21 March. No specific powers of enforcement, only the very broad: "A person, designated by the Secretary of State, may take such action as is necessary to enforce a closure or restriction" in reg 4.
Environmental health officers will enforce the Business Closure Regs, supported by police, Gov announced Sunday gov.uk/government/pub…
Businesses required under the Closure Regs to shut will be issued with prohibition notices. Under the regs, refusal to compy can be met by prosecution & unlimited fines.
Suppose businesses ignore risk of fines? The very broad power reg 4 power to enforce could give police legal basis to physically close business, and to arrest anyone obstructing that closure.
WHAT'S NEXT? Coronavirus Bill passed 2nd reading in Commons last night & goes to Lords today services.parliament.uk/Bills/2019-21/…
Current draft here (but expect at least minor changes) publications.parliament.uk/pa/bills/lbill…
Current draft here (but expect at least minor changes) publications.parliament.uk/pa/bills/lbill…
Coronavirus Act will increase health protection powers in Scotland & N. Ireland (pointing to a common approach?) - clauses 48 & 49
Schedule 22 gives Ministers in all 4 UK jurisdictions similar, extensive powers to prevent gatherings and close premises. Can be enforced by police, or by persons 'designated in writing' see para 11.
Gov can issue directions to anyone organising or attending an "event or gathering" prohibiting or restricting it. No definition - so a gathering might be 2 people? - Sched 22 para 5.
Gov will also get power to issue directions to anyone managing entry to / exit from premises, or the location of persons on a premises - Sched 22 para 6. The directions can close, or restrict - so can be used to restrict number of people in a shop at any one time.
Gov directions ordering closure/restrictions on events, gatherings or premises must be published. If they apply to a named person, that person must be given written notice - Sched 22 para 8
Police & designated persons will have power to "take such action as is necessary to enforce compliance" - para 11. It's an offence - punishable by a fine - to "fail without reasonable excuse" to comply - para 9
