Public Health Law (2002 Revision)

CAYMAN ISLANDS Public Health Law (2002 Revision) CONTROL OF COVID-19 (NO.3) REGULATIONS, 2020 (SL 157 of 2020) Supplement No. 1 published with Legislation Gazette No. 85 dated 27th November, 2020. PUBLISHING DETAILS Page 2 SL 157 of 2020 c Control of Covid-19 (No.3) Regulations, 2020 Arrangement of Regulations CAYMAN ISLANDS Public Health Law (2002 Revision) CONTROL OF COVID-19 (NO.3) REGULATIONS, 2020 (SL 157 of 2020) Arrangement of Regulations Regulation Page 1. Citation ......................................................................................................................................5 2. Definitions ..................................................................................................................................5 3. Restrictions on arrival of all persons to the Islands to control the spread of the virus .................6 4. Power to exempt persons from compliance with regulation 3 .....................................................7 5. Powers, duties and functions of the Medical Officer of Health ....................................................7 6. Police powers ............................................................................................................................7 7. Responsibility for costs associated with isolation or quarantine ..................................................8 8. Repeal of the Control of Covid-19 (No.2) Regulations, 2020 ......................................................8 9. Expiry ........................................................................................................................................8 c SL 157 of 2020 Page 3 Control of Covid-19 (No.3) Regulations, 2020 Regulation 1 CAYMAN ISLANDS Public Health Law (2002 Revision) CONTROL OF COVID-19 (NO.3) REGULATIONS, 2020 (SL 157 of 2020) In exercise of the powers conferred by section 34 of the Public Health Law (2002 Revision) the Cabinet makes the following Regulations — 1. Citation 1. These Regulations may be cited as the Control of Covid-19 (No.3) Regulations, 2020. 2. Definitions 2. In these Regulations — “Caymanian” has the meaning assigned by section 2 of the Immigration (Transition) Law, 2018; “customs and border control officer” means a public officer appointed under section 6 of the Customs and Border Control Law, 2018 and includes any police officer or other person assisting the Customs and Border Control Service in any assigned matter; “resident” means a person who has legal and ordinary residence in the Islands in accordance with the Immigration (Transition) Law, 2018; “ship” means every description of vessel used in navigation; “tourist visitor” has the meaning assigned by section 2 of the Immigration (Transition) Law, 2018; and c SL 157 of 2020 Page 5 Regulation 3 Control of Covid-19 (No.3) Regulations, 2020 “virus” means the virus known as SARS-CoV-2 which causes the disease known as Covid-19. 3. Restrictions on arrival of all persons to the Islands to control the spread of the virus 3. (1) For the purposes of controlling the spread of the virus, subject to paragraph (4) and notwithstanding any other Law, where a person arrives in the Islands that person shall, for the purposes of these Regulations, be required by a customs and border control officer, in respect of the person or the person’s dependants — (a) to complete a medical and travel questionnaire in such form as is provided by the Medical Officer of Health; and (b) to undergo a medical examination if the customs and border control officer considers that a medical examination is necessary. (2) Where a person arrives in the Islands, if — (a) the person is a Caymanian or resident of the Islands, the person shall, for such period from the date of arrival as may be determined by the Medical Officer of Health, for the purposes of surveillance by the Medical Officer of Health, remain at a private residence or such other place of isolation as specified by the Medical Officer of Health and shall be subject to such directions as are provided by the Medical Officer of Health; (b) the person is a tourist visitor or other visitor, the person shall, for such period from the date of arrival as may be determined by the Medical Officer of Health, for the purposes of surveillance by the Medical Officer of Health, be managed by the Medical Officer of Health at a place specified by the Medical Officer of Health and shall be subject to such directions as are provided by the Medical Officer of Health; and (c) the person shows respiratory symptoms or symptoms of the virus, the person shall be managed at a place and in such manner as specified by the Medical Officer of Health until the Medical Officer of Health determines that the person is no longer a health risk to the public. (3) Where a person who arrives in the Islands under paragraph (2) is allowed to isolate at a private residence and there are other occupants who reside at the private residence who intend to stay at the residence during the period of isolation with the person, those occupants shall, for the purposes of controlling the spread of the virus, and for such period as may be determined by the Medical Officer of Health, be subject to such directions as are provided by the Medical Officer of Health. (4) Paragraphs (1) and (2) do not apply to the crew of any ship or aircraft but a crew member of a ship or aircraft which arrives in the Islands after the date of commencement of these Regulations shall self-isolate after such arrival until the crew member is due to leave the Islands. Page 6 SL 157 of 2020 c Control of Covid-19 (No.3) Regulations, 2020 Regulation 4 (5) A person who contravenes this regulation commits an offence and is liable on conviction to a fine of ten thousand dollars and to imprisonment for two years. 4. Power to exempt persons from compliance with regulation 3 4. (1) The Cabinet may, after consultation with the Medical Officer of Health, exempt a person or category of persons from any of the requirements in regulation 3. (2) Notwithstanding paragraph (1), a person who is exempted — (a) shall comply with the directions of the Medical Officer of Health with regard to isolation and any additional health monitoring for the purposes of preventing, controlling or suppressing the spread of the virus; and (b) who shows respiratory symptoms or symptoms of the virus shall be managed at a place and in such manner as specified by the Medical Officer of Health, until the Medical Officer of Health determines that the person is no longer a health risk to the public. (3) A person who contravenes paragraph (2) commits an offence and is liable on conviction to a fine of ten thousand dollars and to imprisonment for two years. 5. Powers, duties and functions of the Medical Officer of Health 5. (1) In carrying out powers, duties and functions under these Regulations, the Medical Officer of Health has all the powers, duties and functions specified in Part VI of the Law and shall exercise any other relevant powers, duties and functions specified — (a) under regulation 12 of the Public Health (Communicable Diseases) Regulations (1997 Revision) which a medical officer would otherwise be required to exercise; and (b) under the Public Health (Quarantine) Regulations (1997 Revision) which a quarantine officer would otherwise be required to exercise. (2) Subject to paragraph (1)(b), the Public Health (Quarantine) Regulations (1997 Revision) shall apply for the purposes of these Regulations with any necessary modifications. 6. Police powers 6. (1) A police officer may require a person to answer any questions to enable the police officer to ascertain who the person is and whether the person is complying with these Regulations, and where the person does not satisfy the police officer that they are complying with these Regulations, the police officer may — (a) detain the person and inform the Medical Officer of Health or a person designated by the Medical Officer of Health of the fact that a person has been so detained; and c SL 157 of 2020 Page 7 Regulation 7 Control of Covid-19 (No.3) Regulations, 2020 (b) convey the person to a facility of quarantine or isolation, if so directed by the Medical Officer of Health. (2) The powers in paragraph (1) may be exercised where a person is at any place. (3) For the purposes of exercising the powers in paragraph (1), a police officer may enter any place or facility of quarantine or isolation, including a private residence so designated under these Regulations, or multi-dwelling premises in which such a private residence is located. (4) A police officer may use reasonable force, if necessary, in the exercise of the powers under this regulation. 7. Responsibility for costs associated with isolation or quarantine 7. If a person is required by the Medical Officer of Health to stay in a facility of isolation or quarantine, the person shall be liable to pay for any costs associated with the person’s accommodation in such a facility. 8. Repeal of the Control of Covid-19 (No.2) Regulations, 2020 8. The Control of Covid-19 (No.2) Regulations, 2020 are repealed. 9. Expiry 9. These Regulations cease to have effect at the end of the period of sixteen months beginning on the day on which they come into force or at such other date as may be specified by Cabinet and notified in the Gazette. Made in Cabinet the 26th day of November, 2020. Kim Bullings Clerk of the Cabinet Page 8 SL 157 of 2020 c