The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 (revoked)
UK Statutory Instrument 2020 No. 1045 — creates 5 criminal offences.
- Made
- 27 September 2020
- In force from
- 28 September 2020
- Extent
- Not stated
- Subject
- COVID-19 emergency legislation (2020-2022)
- Made under
- Public Health (Control of Disease) Act 1984, S.I. 2020/1005
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.
Part 1 of these Regulations impose self-isolation requirements in relation to persons who have tested positive for coronavirus and their contacts. Regulation 4 amends the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020 to— a amend the definition of local authority so that where there are two tier authorities, a District Council may issue a Fixed Penalty Notice. b provide that in addition to the Secretary of State, a relevant person must also disclose any details he has retained pursuant to the Regulations to a Public Health Officer, on request of that Public Health Officer. c provide that it is an offence not to comply with a requirement in regulations 14 and 16 of the Regulations. d amend the fixed penalty notice amounts. In particular for the third breach the amount of any notice is to be £4,000 and for the fourth and any subsequent breach, it is £10,000. e amend the Schedule to make clear that gyms are included as a listed service. Part 2— a prohibits an employer from allowing a worker to attend any place (except the place where they are required to self-isolate) for any purpose connected to the worker’s employment; b sets out the prohibition on knowingly allowing a self-isolating worker or a self-isolating agency worker to be present anywhere for work purposes, other than the place where they are required to self-isolate; c requires a self-isolating worker to inform their employer of the requirement on them to self-isolate; and d requires a self-isolating agency worker to inform either their employer, the agency or the principal of the requirement on them to self-isolate. It requires whoever has received such a notification to pass the information on to the two other parties. Part 3 provides for enforcement, in particular as to offences and fixed penalty notices, as well as disclosure of information. It also provides for the review and expiry of these Regulations.
Offences created by this instrument
- A person who contravenes a requirement in regulations 2, 7, 8 or 9 without reasonable excuse commits an offence regulation 11(1) · Status not determined · Mixed — some elements strict, some not
- A person who contravenes a requirement to self-isolate under regulation 2 without reasonable excuse and in doing so— a… regulation 11(2) · Status not determined · Objective fault
- A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations,… regulation 11(3) · Status not determined · Strict liability
- A person who, without reasonable excuse, contravenes a requirement in or imposed by, regulation 10 commits an offence regulation 11(4) · Status not determined · Strict liability
- A person who knowingly— a gives false information pursuant to regulation 2(2)(a)(ii), (b), (c)(ii) or (d); or b… regulation 11(7) · Status not determined · Requires proof of a state of mind
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.
- Committee
- Drawn to the special attention of the Houses by a scrutiny committee
Procedural history
- Instrument created 27 September 2020
- Instrument made (signed into law) 27 September 2020
- Instrument comes into force as law 28 September 2020
- Communication declaring the instrument had come into operation before being laid before Parliament 28 September 2020 · Lords
- Communication declaring the instrument had come into operation before being laid before Parliament 28 September 2020 · Commons
- Laid before the House of Commons 28 September 2020 · Commons
- Laid before the House of Lords 28 September 2020 · Lords
- Motion to approve the instrument tabled by the Government 28 September 2020 · Commons
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 6 October 2020 · Lords
- Drawn to the special attention of the House by the Secondary Legislation Scrutiny Committee (SLSC) 6 October 2020 · Lords
- Secondary Legislation Scrutiny Committee (SLSC) draws the special attention of the House to the instrument on the grounds that it is politically or legally important or gives rise to issues of public policy likely to be of interest to the House 6 October 2020 · Lords
- Considered by the Joint Committee on Statutory Instruments (JCSI) 7 October 2020 · Commons, Lords
- Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 7 October 2020 · Commons, Lords
- Motion to approve the instrument tabled by the Government 7 October 2020 · Lords
- Delegated Legislation Committee (DLC) debate 19 October 2020 · Commons
- Question put on motion to consider the instrument 19 October 2020 · Commons
- Motion to consider the instrument approved 19 October 2020 · Commons
- Question on motion to approve the instrument put 20 October 2020 · Commons
- Decision on motion to approve the instrument deferred 20 October 2020 · Commons
- Instrument approved 21 October 2020 · Commons
- Chamber debate 22 October 2020 · Lords
- Question on motion to approve the instrument put 22 October 2020 · Lords
- Instrument approved 22 October 2020 · Lords
- Instrument remains law 22 October 2020
- Procedure concluded in the House of Commons and the House of Lords 22 October 2020 · Commons, Lords
- Approval period ends 24 October 2020
From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2020