On the 9th of January, another amendment was made to the Public Health Regulations, by the Public Health Protection (Coronavirus) Amendment (no.2) Regulations 2021. As with the recent predecessors, for reasons of urgency they came into effect before approved by Tynwald. Tynwald will, accordingly, be required to consider the recent amendments together.
The amendment adds a definition of “household” (reg 4, amending reg 5(1)) which applies to the entire Regulation, rather than just part 7A (reg.11, deleting household definition from reg.33A). It also adds a definition of vulnerable child and vulnerable person (ref.4, adding new reg 5(2A)). Although the guidance note suggests that, with one exception, these are clarifications, there are substantive changes, particularly in relation to freedom of movement. Dealing with other changes by the themes in my earlier note:
Border control.
Self-isolation for Category A persons is changed to normally require such a person to self-isolate for 21 days in a place identified by the Chief Secretary, not normally shared with anyone other than other Category A persons that entered the Island together (reg.5, amending reg.12). A Category A person may only self-isolate in a place occupied by a non-category A person if one is a vulnerable person or vulnerable child and it is necessary that they share accommodation (amended reg.12(2)(b)).
Provision for testing is amended again (reg.10 amending reg.13A), with clarification of when fees are payable, and some minor corrections of drafting (primarily to more clearly take account of multiple tests, with the fee covering all testing required, but also correcting a misreference to an inconclusive result to point to the intended negative result). The slightly unclear reference to testing after the 6th of 7th day of arrival is clarified to after the 6th day (reg.13A(4)). The right of a Category A person who has tested negative at that point to leave their house to exercise for one hour per day with members of their household is slightly reduced – they may only exercise with Category A persons in their household who meet the same criteria (reg.13(6)). This is largely in line with the changes to where Category A persons can self-isolate, but does not cover a permitted cohabitation with a non-Category A person (discussed in the paragraph above). So a Category A vulnerable child living with a non-category A adult caregiver could not use this clause to exercise outside the house – perhaps intention, perhaps an oversight. Greater flexibility of self-isolation for category B persons is introduced (reg.8 amending reg.17).
Prohibition on movement and gatherings.
The list of emergency services is extended slightly, to include the Isle of Man Civil Defence Corps, Isle of Man Coastguard, and Isle of Man Search and Rescue Dog Association (reg.9, amending reg,26A).
More significant changes are made to reg.26C, which provides the list of general exceptions from the freedom of movement restriction. Formerly, the exceptions applied only to asymptomatic persons – this limit is removed (amended reg.26C(1)). The right to exercise, formerly unlimited, is now limited to “one period of exercise per day (of unlimited duration)” (amended reg.26C(e)). The requirement that an adult or child would otherwise suffer avoidable harm if the person did not leave their house is removed, but the exception is now limited to vulnerable adults and vulnerable children only (amended reg.26C(g)(i)). New reasons for leaving the house are introduced to deal with an emergency in premises that have been required to close (new reg.26C(l)), or prepare premises for reopening following a notice from the Council of Ministers (new reg.26C(m)). A person who leaves their home to participate in provision of emergency services, to carry out employment in an essential service as specified by CoMin, or other employment permitted, “may take his or her child to a place where the child can be looked after to enable the person to undertake his or her work” (new reg.26C(1A)).
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