The Health Security (EU Exit) Regulations 2021

Type Statutory-Instrument
Publication 2021-07-20
State In force
Department King's Printer of Acts of Parliament
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Made: 20th July 2021

Coming into force: 1st September 2021

In accordance with paragraph 1(1) of Schedule 7 to the 2018 Act and paragraph 6(3) of Schedule 5 to the 2020 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — PRELIMINARY

Citation, commencement, extent and application

1

Interpretation

2

In these Regulations—

UK public health agency

3

or such other person or body in relation to a part of the United Kingdom as the relevant Minister for that part designates.

UK Health Protection Committee

4

Serious cross-border health threats

5

PART 2 — EPIDEMIOLOGICAL SURVEILLANCE IN THE UNITED KINGDOM

Epidemiological surveillance and sharing of information

6

Surveillance procedures and methodologies

7

the UK public health agency in relation to England must communicate the results of the analysis to all the UK public health agencies.

PART 3 — PROCEDURES FOR ADDRESSING SERIOUS CROSS-BORDER HEALTH THREATS

Interpretation

8

In this Part—

Preparedness and response planning

9

Alert notification

10

Coordination of response

11

Information about other serious cross-border health threats

12

Arrangements with the European Union under the Health Security chapter of the TCA

13

the Secretary of State may make a written request to the European Commission for access to the EWRS.

PART 4 — REGULATIONS

Regulations

14

PART 5 — REVOCATIONS

Revocations

15

The following retained direct EU legislation is revoked—

PART 1 — COMMUNICABLE DISEASES

Signed

Jo Churchill — Parliamentary Under-Secretary of State, — Department of Health and Social Care — 20th July 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in part in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union. The retained direct EU law concerned relates to health security.

Part 1 (starting with regulation 2) defines terms used in the Regulations. Regulation 3 identifies the bodies which are UK public health agencies for the purposes of the Regulations and makes provision about satisfying obligations under the Regulations where such an agency is also the UK focal point. Regulation 4 establishes a UK Health Protection Committee (“the Committee”). Regulation 5 sets out what constitutes a “serious cross-border health threat”.

Part 2 (starting with regulation 6) imposes an obligation on the UK public health agencies to carry out epidemiological surveillance on the communicable diseases and related special health matters listed in the Schedule in relation to their respective part of the United Kingdom. Regulation 6 also contains a power to allow the Secretary of State by regulations to amend the list of communicable diseases and related special health matters in the Schedule or to add or remove communicable diseases or related special health matters in respect of which epidemiological surveillance is to be undertaken. Regulation 6 adopts the case definitions for those diseases as contained in retained direct EU law on IP completion day. It also allows the Committee to create case definitions for new communicable diseases or related special health matters and to revise case definitions. Regulation 7 requires the Committee to establish procedures for collecting and sharing of information arising from epidemiological surveillance undertaken under this Part in order to harmonise and rationalise methodologies for such surveillance. It also requires the UK public health agency for England to provide quality assurance and to maintain databases in respect of such surveillance.

Part 3 (starting with regulation 8) relates to procedures for dealing with serious cross-border health threats across the United Kingdom and liaison with the European Union. Regulation 9 requires the UK authorities to consult each other about preparedness and response planning for such threats. Regulation 10 requires UK public health agencies to notify alerts to the UK focal point immediately when such threats arise. Regulation 11 makes provision for coordinating responses to such threats. Regulation 12 relates to the sharing of information where there are alerts about serious cross-border health threats which are not communicable diseases or related special health matters. Regulation 13 is made under powers in section 31 of the European Union (Future Relationship) Act 2020 (c. 29) in order to implement the Trade and Cooperation Agreement between the United Kingdom and the European Union in so far as it relates to health security.

Part 4 (regulation 14) makes provision about the regulations to be made under regulation 6(7) and (8). Part 5 (regulation 15) revokes the relevant retained direct EU law.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.

Footnotes

[^f00001]: 2018 c. 16. Paragraph 21 of Schedule 7 was amended by paragraph 53 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1).

[^f00002]: 2020 c. 29.

[^f00003]: https://www.who.int/ihr/publications/9789241596664/en. The World Health Organization is a specialised agency within the terms of Article 57 of the Charter of the United Nations. A hard copy can be obtained from the Department of Health and Social Care, UK Health Security Team, 39 Victoria Street, London SW1H 0EU.

[^f00004]: 1998 c. 47.

[^f00005]: This is entitled “Thematic Cooperation Title I: Health Security Article 702: Cooperation on health security”. Public Health England is currently designated as the UK focal point. See paragraph 4 of that Part about designation of a focal point.

[^f00006]: An executive agency of the Department of Health and Social Care.

[^f00007]: Public Health Scotland was constituted as a Special Health Board by S.S.I. 2019/336.

[^f00008]: Public Health Wales National Health Service Trust was established by Welsh S.I. 2009 No. 2058 (W. 177).

[^f00009]: The Regional Agency for Public Health and Social Well-being was established by section 12(1) of the Health and Social Care (Reform) (Northern Ireland) Act 2009 (c. 1) and is commonly known as the Public Health Agency for Northern Ireland.

[^f00010]: https://www.gov.uk/government/publications/international-health-regulations-2005-uk-national-focal-point-communications-protocol. A hard copy can be obtained from the Department of Health and Social Care, UK Health Security Team, 39 Victoria Street, London SW1H 0EU.

[^f00011]: The European Centre for Disease Prevention and Control is established by Regulation (EU) 851/2004.

[^f00012]: See Article 13 of the Treaty on European Union (OJ N C 326, 26.10.2012, p13).

[^f00013]: This is entitled “Thematic Cooperation Title I: Health Security Article 702: Cooperation on health security”. The European Commission is currently designated as the EU focal point.

[^f00014]: See Article 8 of Regulation (EC) 851/2004.

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