UK Offence Report

The Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020 (revoked)

UK Statutory Instrument 2020 No. 1005 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
17 September 2020
In force from
Not determined
Extent
Not stated
Subject
COVID-19 emergency legislation (2020-2022)
Made under
1984 (c. 22), Public Health (Control of Disease) Act 1984

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These regulations impose a number of obligations on relevant persons, in order to protect against the risks arising from coronavirus. These obligations are as follows. Regulation 5 provides who the regulations apply to, in particular to a relevant person (as defined in regulation 4) who occupies relevant premises (also as defined in regulation 4). The regulation makes clear that where relevant premises are hired or used by more than one relevant person on a temporary basis, any obligations under the regulations will apply to that person for the time during which they hire or use the premises. The regulation also provides that the requirements in regulation 16 do not apply to relevant persons providing services in Part 2 of the Schedule. Regulation 6 provides that relevant persons must display and make available a QR code at relevant premises they occupy or operate to enable certain individuals who seek to enter the premises (in the circumstances in regulation 9) to scan that QR code. Regulation 7 provides the requirement to request certain details (as set out in regulation 10), where an individual seeks to enter relevant premises (in a case set out in regulation 9), unless that individual is under 16 or has a mental or physical disability that means they are unable to provide the details. Regulation 8 provides the requirement to request details where a group of individuals seek to enter relevant premises. In particular, the relevant person must request that where a member of the group has not scanned the QR code, every member of the group provides the details, (up to a maximum of 6 members), or one person does so in place of any other member. Again there are exemptions for individuals who are under 16 or who have a physical or mental disability that means they are unable to provide the details. Regulation 9 sets out the circumstances in which the requirements apply together with a number of exemptions. Regulation 10 provides the details to be requested and regulation 11 provides additional requirements where an individual is accessing services from only one person at the relevant premises. Regulations 12 to 15 provide that any information collected must be retained securely for a period of 21 days and disclosed to the Secretary of State at his request for the purpose of contact tracing. This is to enable the Secretary of State to contact those who may have been infected by, or exposed to, coronavirus, and to receive relevant advice. Regulation 16 provides that where certain services are provided, as listed in Part 1 of the Schedule, the person providing the service must take all reasonable steps to prevent access to an individual who refuses to provide the requisite details, or where none of the group has done so in accordance with the regulations. This requirement applies where the information collected is incomplete or the relevant person believes it to be inaccurate. Regulation 17 provides that it is an offence to contravene an obligation imposed by these regulations and regulation 18 provides for the imposition of fixed penalty notices. The Secretary of State must carry out a review of the needs for the requirements imposed by these Regulations within the period of six months of them coming fully into force. The regulations expire within the period of twelve months of that date. No regulatory impact assessment has been provided for these Regulations.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Both Houses had to approve this instrument before it could take effect, and did so.

Procedure
Made affirmative — both Houses had to approve it
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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