The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 (SI 2020/1045) is a statutory instrument (SI) made on 27 September 2020 by the Secretary of State for Health and Social Care, Matt Hancock, in response to the COVID-19 pandemic. They are sometimes referred to as the Self-Isolation Regulations. The regulations, which covered England only, mandated self-isolation for up to 14 days (reduced to 10 days on 14 December 2020) for anyone testing positive, or who was living with or who had otherwise been in close contact with someone who had tested positive. A person required to self-isolate had to state the address at which they would be self-isolating, and was required disclose to the contacting official the names of all the people they lived with. The isolating person's employer was required not to allow them to attend work. Breaches of the regulations could lead to criminal prosecutions or fixed penalties on sliding scales of up to £10,000. From 16 August 2021 certain classes of people were exempted from having to self-isolate, including those having received a full course of vaccination in the UK. That exemption was removed following the initial emergence of the Omicron variant, but was restored on 14 December 2021. The regulations were revoked on 24 February 2022.
Regulations
Legal basis The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 (SI 2020/1045) were introduced by way of a statutory instrument made by the Secretary of State for Health and Social Care, Matt Hancock, using emergency powers available to him under the Public Health (Control of Disease) Act 1984. The regulations themselves stated the legal basis for using such powers, namely "the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England"; he also certified that the restrictions "are proportionate to what they seek to achieve, which is a public health response to that threat." The regulations were laid before Parliament at 00.00 on 28 September, just as the regulations were coming into force. The Secretary of State used section 45R of the Public Health (Control of Disease) Act 1984 to enact the regulations immediately subject to retrospective approval by resolution of each House of Parliament within twenty-eight days. In the regulations themselves he stated that "by reason of urgency, it is necessary to make this instrument" without having first placed a draft before parliament for prior discussion and approval.
Commencement The regulations (which applied in England only) came into effect at 00.00 am on 28 September 2020.
Requirement to provide information and to self-isolate Anyone (unless they qualified as exempt) who received official notification that they had tested positive for SARS-CoV-2, or that they had come into close contact with someone who has tested positive, had to self-isolate for the period described below. The official notification had to come from a health official, the local authority, or someone acting on behalf of the secretary of state; notification via the NHS COVID-19 smartphone app did not count. In this context, 'close contact' meant having face-to-face contact with someone at a distance of less than 1 metre, spending more than 15 minutes within 2 metres, travelling in a car or other small vehicle, or being in close proximity on an aeroplane. The person being notified had on request to inform the official of the address at which they intend to self-isolate and if applicable had to disclose the names of everyone who lived in their household.
Exemptions
From 16 August 2021 to 30 November 2021 From 16 August 2021 certain classes of people were exempted from having to self-isolate if they were a 'close contact', namely:
a person who had received a complete course of vaccination in the UK, provided that the contact took place more than 14 days after completion of the course, a person who had taken part in a vaccine trial, a person who could provide evidence that for clinical reasons they should not be vaccinated, and a child. These exemptions did not apply to anyone who had tested positive.
From 9 December 2021 to 23 February 2022 (revocation) From 9 December 2021 (under SI 2021/1382), a person who had received a complete course of vaccination overseas, or one dose overseas and another in the UK, became exempt in the same way as someone vaccinated in the UK. (SI 2021/1382 was, due to an oversight, not ratified by Parliament within the required 28 days, and automatically lapsed on 25 January. The oversight was rectified two days later, with SI 2022/72 replicating the previous amendment with effect from 27 January and providing a further 28 days for ratification).
Omicron variant rule, 30 November to 14 December 2021 Following the initial emergence of the Omicron variant, the 16 August exemption was removed on 30 November from anyone who had been in close contact with a person having or suspected of having that variant. Anyone (including children and fully-vaccinated individuals) who had been in close contact was required to self-isolate. The rule was abolished on 14 December 2021 when the number of Omicron variant infections became too high to sustain it.
From 14 December 2021 to 23 February 2022 (revocation) On abolition of the Omicron variant rule, the 16 August and 9 December regulations were largely restored, and there was once again no distinction between Omicron and other strains. As from 14 December 2021 the following were exempt from having to self-isolate where they were a close contact:
a person who had received a complete course of vaccination, provided that the contact took place more than 14 days after completion of the course, a person who was taking part in a vaccine trial, a person who could provide evidence that for clinical reasons they should not be vaccinated, or a child.
Location of self isolation The self-isolating person had to remain at home, at the home of a friend or family member, in B&B accommodation, or at some other suitable place. They were not permitted to leave that location unless necessary:
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