Thread by @AdamWagner1

The hotel quarantine regulations have just arrived, coming into force 4am on Monday 15 Feb

The Health Protection (Coronavirus, International Travel)
(England) (Amendment) (No. 7) Regulations 2021

legislation.gov.uk/uksi/2021/150/…

legislation.gov.uk/uksi/2021/150/…

Let's dive in...

First up is the new requirement to book tests on days 2 and 8 after arriving in the UK. The helpful explanatory memorandum is the third image.

Note that these are amendments to another regulation (legislation.gov.uk/uksi/2020/568/…) so very difficult to follow. As per usual. Inexcusable that these have been published *zero* working days before they come into force and will not be scrutinised by Parliament at all before they do

I think this is the first power of entry for police officers contained in the Covid regulations. This is to enforce self-isolation requirements (where someone has to do "managed self-isolation packaged" which is a rather euphemistic way to talk about hotel quarantine...

If you want to read the explanatory memorandum it is here. Easier than reading the regulations. Just trying to get my head around them legislation.gov.uk/uksi/2021/150/…

Some reasonable excuses for not booking Day 2 and Day 8 tests before you arrive

Very large fixed penalty notices for not complying with Schedule B1A which is the "managed self-isolation package" (hotel quarantine).
£5,000 to £10,000

OK here is the main bit - Schedule B1A

"Additional measures"

You always know something serious is going on in the law (such as trying to suggest detention isn't detention, as here) when the drafters use names like that

See also "managed self-isolation package"

I know Orwell is over-cited but...

Anyway, you have to go to one of these (air)ports

The Explanatory Memorandum at least uses the word "quarantine"

So if you come in from a 'red list' country you have to book the package which includes hotel quarantine and a test

"If P is not in possession of a managed self-isolation package on their arrival... P must as soon as practicable obtain a managed self-isolation package"

Here's the charging bit - very clear it's the Secretary of State imposing the charge, not the hotels etc.

I'm dubious about the legality of this bit

https://twitter.com/AdamWagner1/status/1359263945836679169?s=20

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You have to self isolate for 10 days beginning with the day *after* your arrival. So if you get there 12:01 in the morning it's an 11-day isolation

Some sensible enough exceptions to allow people to visit you when in managed self-isolation *cough* detention

Here's the important bit - exceptions. These are quite numerous, including
- Exercise
- Fulfil legal obligation including attending court (technically a lawyer could do their job)
- visit a dying person
- attend a funeral of family or household member
BUT there's a kicker...

The kicker is you can only take exercise, visit a dying person or attend a funeral with prior permission by a person authorised by the Secretary of State (so presumably the security people) and you also have to comply with "reasonable requirements"
Sounds like detention?

Note what the guidance says

"only with special permission from hotel staff or security. This is not guaranteed"

gov.uk/guidance/booki…

Don't forget this will involve the detention of children - their adults responsible for ensuring they comply as you would expect

Here's an interesting bit - remember that Matt Hancock seemed to suggest that asylum seekers from 'red list' countries would be sent back (unlawfully)? Well asylum seekers and others are not part of the hotel quarantine system but it's not specified what they will do

"are to be read as references to a self-isolation package containing such provisions as to accommodation, transport and testing as the Secretary of State considers appropriate" - basically to be confirmed what will happen to asylum seekers etc. Not good enough

I think that the enforcement of hotel quarantine will be managed by police or (more likely) people designated by the Secretary of State who will have powers of entry, fixed penalty notices and use of reasonable force though possibly not to actually guard people?

I think that's the main bits - I have to get off, it's shabbat (sabbath)! Off to cook.

Let me know if I missed anything big

Sorry, one other point. As suspected there is no exemption for people who cannot book a “managed self isolation package“ because, for example, of their disability. The seams potentially unlawful