The new #COVID19 #quarantine regulations for the #Falklands have since been become available online:
legislation.gov.fk/view/whole/mad…
legislation.gov.fk/view/whole/mad…
The #Falklands have had a 14 day #quarantine (a quattordictine?) for some time ... but, initially, it was not legally binding and, latterly, it has been imposed by means of notices issued to individuals under other legislation (equivalent to Sch 21 of the UK Coronavirus Act)
#Quarantine is seen very much as the #Falklands' main line of defence against #COVID19 and military personnel coming to the #FalklandIslands now pre-quarantine in the UK before travelling - everyone else travels on a separate flight and isolates on arrival
The #FalklandIslands AG told Legislative Assembly on 14 May that the #quarantine regulations were likely to be amended and it was announced at last Wednesday's #COVID19 briefing that the new regulations had been approved by Executive Council:
Point of pedantry: the length of the 14 day #quarantine period could be as short as 13 days and just over 15 hours or as long as 14 days and just under 15 hours!
(Under reg 5(4), it depends on whether someone arrives in the #FalklandIslands before or after 9am!)
(Under reg 5(4), it depends on whether someone arrives in the #FalklandIslands before or after 9am!)
Point of extreme #LegislativeDrafting pedantry: there is an undistributed middle (this is A Bad Thing) and, technically, there is no provision dealing with when #quarantine ends for anyone who arrives in the #Falklands at *exactly* 9am 😉
To some extent, the #Falklands #quarantine regulations are similar to the England version, but there are some differences ...
The requirement under the #Falklands #quarantine regulations is to "stay in quarantine" - the requirement in the England regulations is to "self-isolate"
"Quarantine" is defined (in summary) as isolation from others and restriction of activities, which is more stringent
"Quarantine" is defined (in summary) as isolation from others and restriction of activities, which is more stringent
There is an exemption in the #Falklands regs from staying in #quarantine in exceptional circumstances and, unlike in the England version, these are not defined BUT reg 5(9) provides that what would be a reasonable excuse for "lockdown" would not on its own be enough
There is a right of appeal to the Senior Magistrate (roughly equivalent to a stipendiary magistrate) on compassionate grounds or on necessity/proportionality grounds - options available would include alternative measures to reduce risk
There will only be limited exemptions to the #Falklands #COVID19 #quarantine - although these can be extended later
The main exemptions are for those who have pre-quarantined under military arrangements, for essential work within the 14 days ... and lawyers (!)
The main exemptions are for those who have pre-quarantined under military arrangements, for essential work within the 14 days ... and lawyers (!)
The lawyers' exemption from #quarantine in the #Falklands is more logical than might first appear - although there is a local legal profession and judiciary (JPs and a qualified Senior Magistrate), some criminal trials and appeals involve UK based counsel and a UK judge ...
... the legislation passed for greater use of video and audio links for court hearings during #COVID19 ruled out having trials that way, so UK lawyers will still need to come to the #Falklands and they will be exempt from ##quarantine
Enforcement of the #Falklands #COVID19 #quarantine is different from the England version: the police will have powers to send and, if need be, take quarantine breakers back to where they should be BUT they will not be able to issue fixed penalties ...
... the maximum penalty on conviction would be a fine of up to £2,000 and/or 3 months in jail
The #Falklands #COVID19 #quarantine regulations will be valid for up to 12 months with reviews every 42 days - the first review must be by 17 August
@threadreaderapp - unroll, please
