Changes to the Public Health Regulations, April and May 2021.

Two PHRs were made in April 2021.

PHR (Amendment) (no.11) was made on the 26^th of April. It amended the Regulations to apply the voluntary samples rules under reg.17 to be applied to Category B, as well as Category A, persons. This had a brief existence however, with reg.17 itself being removed by PHR (Amendment) (no.12) on 30^th of April.

The latter amendment made significant changes around border control. Some of these were backward looking, for instance providing for refund of testing fees for a person who had travelled to the Island sufficiently recently as to be in self-isolation (reg.2A). The principal amendments to the main PHR, however, introduced a regime where a person subject to a default period of self-isolation (reg.12) may elect to provide biological samples (reg.13A) and in doing so may satisfy the requirements of their direction notice or entry certificate allowing them or their household more freedom of action during the remainder of their isolation. This is laid out clearly in Schedule 2, which is not simply a (good) communication of the legal position, but rather the legal position itself (referred to as it is in reg.12 for Category A persons; reg.15 and reg.16 for Category B persons; and reg.18 for Category  persons). Given the nuances in the border control introduced by the changes – which had the general effect of reducing burdens on residents – this is particularly welcome.

 A further PHR was made on the 18^th of May 2021. The PHR (Amendment) (no.13) modified Schedule 2 to amend the requirements imposed on Category A persons in relation to self-isolation, and the provision and effects of a biological sample. Perhaps taking a leaf from the GC good practice of replicating an entire set of rules, rather than making textual amendments, an entirely new Schedule 2 is provided. The most important changes were that PHR (12) allowed exercise by a Manx resident if they tested negative within on arrival, while PHR (13) allowed a Manx resident who had only travelled to the UK to be released from isolation upon their negative test, except “no attendance at health or social care premises except to receive emergency medical treatment until day 10”; subject to a further test on day 6 to remain exempt from isolation.  A similar relaxation for Manx residents who travelled outside of the UK could only happen after a negative day six test.