Lockdown 3.7 – changes made on the 10th of March.

An amendment to the PHR (comparatively unusual in the last two lockdowns, where changes to GCs have tended to make the detailed changes) published overnight. The PHR (Amendment) (no.9) Regulations 2021 makes a number of important changes, as well as some minor changes to phrasing.

Firstly, in relation to contact tracing. Formerly, a person who the Director of Health reasonably suspects might be contaminated could be required to provide the Director with contact tracing information. This amendment extends the power to anyone else who the Director reasonably believes “may hold information which is relevant to contact tracing in relation to” that person (new reg.9(1A)).  Under the existing, generally applicable, sections of the PHR failing without reasonable excuse to comply with the PHR is an offence (reg.36(1)(a)), as is “knowingly or recklessly [providing] false or misleading information” (reg.36(2)(a)). Both offences are punishable by up to 3 months in prison, or a fine of £40,000. Alternatively, constables may offer a fixed penalty notice for failure to disclose the information requested (reg.37). So there is a legal requirement, backed by serious sanctions, for schools, employers, operators of hospitality venues, and private individuals to provide accurate information relevant to contact tracing.

Secondly, in relation to self-isolation, there is now a limited right to exercise for some self-isolating persons. A category B person (i.e contact traced) whose first test has shown that they are not infected may exercise for one period of up to one hour each day, either alone or with a member of their household who is not infected (reg.15(4)). Contrary to the statement in the guidance note, unlike category C persons exercise, which is discussed in the next paragraph, there are no specific rules about mask use and social distancing – slightly odd given that the majority of the persons discussed in the paragraph below derive their status from this category B person. It will be recalled, however, that all exceptions to the restrictions of movement – including the ability to exercise – are subject to overarching limits including taking “all reasonable steps to mitigate any risk associated with leaving the person’s home” (GC 2021/0050, para.4). A person exercising under this part of the PHR would be very well advised to follow the restrictions discussed in the paragraph below. A revision might usefully apply them explicitly to this section, particularly as the guidance note states to be the case already.  

A category C person (i.e. cohabitee with a category A or category B person) who is living with a category A person may do the same, provided that the category A person has been shown in two tests not to be infected (reg.20(5A)). Unlike reg.15(4), there is no explicit limit on exercising with an infected member of your household, but as they are not permitted to leave the house, it is not necessary in either provision. When doing so, they must wear a face covering and maintain a distance of at least two metres from any non-household member (reg.20(8)(a)). The right, and the limit, is largely replicated for a category C person who is living with a category B person, but in this case the category B person need only to have been shown in one case not to be infected (reg.21(5A), 21(6)(a)). It does not, however, apply to a category C person living with a category B person who the Director of Public Health reasonably suspects may be infected (reg.21(5B)). So if your household is self-isolating because of contact tracing, and the contact in your household has tested negative, the right to exercise applies.