(Legal Notice 110 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Purpose and application
4. Curfew
5. Restriction on businesses
6. Religious places of worship
7. Funeral services and burial grounds
8. Restrictions on public gathering and social activities
9. Gathering at shelters
10. Logbook
11. Aircrafts and vessels
12. Restrictions on domestic travel
13. Screening for essential domestic travel
14. Public beaches
15. Schools
16. Power to stop, detain and arrest
17. Obstruction
18. Forfeiture upon conviction
19. Offence
20. Guidelines
21. Enforcement
22. Fixed penalty
23. Revocation

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation, commencement and expiry

1. These Regulations may be cited as the Public and Environmental Health (COVID-19)(Control Measures)(No. 6) Regulations 2020 and shall come into operation on 16 November 2020 and shall, unless provided otherwise in any particular regulation, expire 31 December 2020.

Interpretation

2. In these Regulations—

“business” includes an establishment, institution, an office, store or organisation;

“COVID-19” means the disease known as the novel Coronavirus; “health officer” has the meaning given in section 2(1) of the Public and Environmental Health Ordinance;

“public health officer” means a health officer under the Public

and Environmental Health Ordinance.

Purpose and application

3. (1) These Regulations are made for the purpose of preventing, controlling and suppressing the spread of COVID-19.

• Except where specifically specified, these Regulations apply to all the Islands.
• The measures under these Regulations are subject to review and may be varied.

Curfew

4. (1) A curfew is imposed on all Islands for 12:00 a.m. to 5:00 am. every night starting from 16 November 2020 until 5:00 a.m. on 30 November 2020.

• Every person shall, during the curfew period under subregulation (1), remain confined to his place of residence (inclusive of the yard space) to avoid contact outside of their family, except—
  • for essential travel to and from the doctor or hospital;
  • an attorney, for travel to and from a police station;
  • essential workers, who are directed to report to work by the person in charge of the service.
• For the purposes of this regulation, an “essential worker” includes essential officers of—
  • the Royal Turks and Caicos Islands Police Force and 911 Centre;
  • the Fire Services;
  • Her Majesty’s Prisons;
  • the Environmental Health Department;
  • the Department of Immigration;
  • the Customs Department;
  • the Airports Authority;
  • the Civil Aviation Authority;
  • the Ports Authority;
  • waste disposal and sanitation companies;
  • the Emergency Medical Services Department;
  • the Department of Public Health;
  • the Department of Social Development;
  • the Department of Gender Affairs;
  • the Department of Disaster Management and Emergencies in preparation for and in response to a disaster;
  • any hospital, health care or medical facility;
  • any water, electricity, telecommunications (including internet services) or other sector encompassing the provision of electronic communications including print and electronic media;
  • security guards;
  • road construction workers;
  • the Turk and Caicos Islands Regiment and Armed Forces;
  • persons working at a Fixed Base Operator (FBO) or an airport, with approval from the relevant authorities (Turks and Caicos Islands Airports Authority or Civil Aviation Authority);
  • prearranged taxi drivers picking up persons arriving on international flights, with the written approval of the Fixed Base Operator (FBO);
  • night auditors; and
  • workers at large supermarkets with an established pattern of overnight shift work to facilitate restocking and sanitising.
• All essential workers shall at all times carry personal identification.
• A person who is exempted under subregulation (2) shall use the most direct routes of travel from his home to his place of work, or such other places mentioned in paragraph (a) of that subregulation, and back to his home directly without making detours.

Restrictions on businesses

5. (1) From 16 November 2020 to 5:00 a.m. on 30 November 2020—
   • all businesses shall suspend operations to the general public at 11:00 p.m.; and
   • the number of customers that may be permitted in a restaurant or bar at any one time shall not exceed 30 percent of occupancy based on square footage as verified by the Public and Environmental Health Department.

• A business establishment shall indicate its capacity by a sign posted outside the entrance to the building, having regard to social distancing requirements.
• Capacity shall be calculated in order to comply with physical distancing requirements and other applicable regulations.

Religious places of worship

6. (1) From 16 November 2020 to 5:00 a.m. on 30 November 2020, the number of persons that may be permitted inside a religious place of worship at any given time shall not exceed 30 percent of occupancy based on square footage as verified by the Public and Environmental Health Department.

• A religious place of worship may have more than one service per day, if necessary, in order to facilitate physical distancing.
• A religious place of worship may provide for a service outdoors or through drive-in-option within its premises, but persons shall remain in their vehicles during the conduct of the service.
• A religious place of worship shall indicate its capacity by a sign posted outside the entrance to the building, having regard to physical distancing requirements.

Funeral services and burial grounds

7. From 16 November 2020 to 5:00 a.m. on 30 November 2020, a maximum number of forty persons may be permitted to attend a funeral service and at least one officiant and essential mortuary staff, which shall be approved by the Chief Medical Officer:

Provided that such funeral services shall be held outdoors. 

Restrictions on public gathering and social activities

8. From the 16 November 2020 to 5:00 a.m. on 30 November 2020, no person shall host or attend any public gathering or social activity, of any description, of a gathering of more than twentyfive persons and any such activity shall be held outdoors.

Weddings

9. (1) From 16 November 2020 to 5:00 a.m. on 30 November 2020, a maximum of forty persons may be permitted at a wedding.

 (2) Weddings may be held indoors or outdoors.

Gathering at shelters

10. (1) A shelter manager may permit a maximum number of persons to be accommodated at a shelter as allowable under COVID-19 protocols in the event that a disaster has happened, is happening or is likely to happen in the Islands.

• COVID-19 protocols shall be observed at all shelters.
• In subregulations (1) and (2) “COVID-19 protocols” means protocols issued by the Ministry of Health for a particular shelter or shelters generally and include temperature screening, wearing of face mask, hand sanitising, washing of hands, physical distancing, etc.
• In determining the maximum number of persons to be accommodated at a shelter under subregulation (1), a principle objective of the shelter manager shall be to preserve life.

Logbook

11. A log book of attendees shall be kept and maintained for any gathering of a church, funeral, wedding or social activity, as the case may be, permitted under regulations 6, 7, 8 and 9 to facilitate contact tracing.

Aircrafts and vessels

12. Visiting military aircraft and vessels and flights providing humanitarian efforts and special aid in the event of a disaster shall obtain approval from the Chief Medical Officer prior to arrival in the Islands.

Screening for domestic travel

13. (1) From 16 November 2020 to 5:00 a.m. on 31 December 2020, the Airports Authority and the Ports Authority shall, in accordance with protocols issued by the Ministry of Health, implement and conduct temperature checks on every person before the person boards an aircraft or boat for interisland travel.

• Every person travelling interisland shall be subjected to a temperature check—
  • at the airport, if the person is travelling by aircraft; or
  • at the sea port, if the person is travelling by boat.
• Every person travelling interisland shall adhere to all health protocols relevant for domestic travel.

Public beaches 

14. For the purpose of preventing the spread of the virus through social gatherings, all public beaches shall continue to be opened subject to the following conditions for 16 November 2020 to 5:00 a.m. on 30 November 2020—

• physical distancing        requirements    shall     be observed;
• no gathering of more than ten adult persons outside the same household;
• other than commercial vendors who comply with the Ministry of Health protocols, no alcohol should be taken onto or consumed on the beach;
• no sports shall be allowed on the beach, except individual fitness activities.

Schools

15. The reopening of schools shall continue to be in accordance the policy issued by the Ministry of Education.

Power to stop, detain and arrest

16. (1) Where an authorised person has reasonable cause to believe that a person is in violation of these Regulations, he may stop, detain, question and arrest such person and confiscate any vehicle being used by that person, if he considers it necessary to do so.

• Any person who assaults, obstructs, hinders or resists or uses any threatening or abusive language or aids or incites any other person to assault, obstruct, hinder or resist any authorised person in the execution of his duty under this regulation, commits an offence.
• The owner or person last having control of a vehicle confiscated under subregulation (1) shall pay the cost in respect of towing away of the vehicle or storage of the vehicle. (4) For the purposes of this regulation, an “authorised person” means—
  • any health officer, public officer, member of the Royal Turks and Caicos Islands Police Force, any other law enforcement officer, or a prison officer; or
  • any person authorised by the Governor to do the act in relation to which the expression is used.

Obstruction

17. No person shall obstruct the Chief Medical Officer, any public health officer, public officer, police officer, any other law enforcement officer, or any prison officer, acting in the course of his duty as such, or any person exercising any powers or performing any duties conferred or imposed on him by or under any of these Regulations, or otherwise discharging any lawful functions in connection with the performance of any statutory purpose.

Forfeiture upon conviction

18. Upon the conviction of any person for an offence against regulation 4(1), the Court, in addition to any other penalty it may impose may order that any property including any vehicle used in the commission of the offence, be forfeited to the Government.

Offence

19. Any person who contravenes these Regulations commits an offence and is liable on summary conviction to a fine of one thousand dollars or to a term of imprisonment for three months, or to both.

Guidelines

20. (1) A relevant public authority may issue guidelines to supplement or provide for further clarification of these Regulations.

 (2) A person, business or enterprise shall comply with any applicable guidelines issued pursuant to subregulation (1).

Enforcement

21. (1) A public health officer, a police officer or an officer of the relevant government department may visit any business, premises or public place to ensure compliance with the provisions of these Regulations and any guidelines issued under regulation 20(1).

 (2) A public health officer, police officer or an officer of the relevant government department may, for failure to comply with the provisions of these Regulations or any guidelines issued pursuant to regulation 20(1)—

• order the immediate closure of a business or premises or part of the business or premises; or
• order the dispersal of persons at that business or premises or at any public place.

Fixed penalty

22. (1) Where an offence appears to have been committed contrary to—
    • regulation 4(1) and (2);
    • regulation 5;
    • regulation 6(1);
    • regulation 7;
    • regulation 8;
    • regulation 9; or
    • regulation 14, a police officer may issue to the person a ticket, in the form set out in the Schedule 1 and, if the person desires to plead guilty to the offence alleged, he may produce such ticket to the Clerk to the Magistrate’s Court at the place, and on or before the date and time therein specified, not being more than twenty-eight days from the date or receipt of the said ticket, and may pay the fine prescribed in Schedule 2 into court.

• If the person desires to plead not guilty to the offence alleged or to request the court to mitigate the fine, the said ticket shall operate as a summons to the person to appear before the court at the date and time therein specified so that, in default of payment of the fine or so making appearance before the court, the person shall be treated as if the fine had been imposed after conviction.
• Where a person is issued a ticket under subregulation (1) in respect of an offence—
  • no proceedings may be instituted for that offence before the expiration of twenty-eight days following the date of the ticket; and
  • he may not be convicted of that offence id he pays the fine before the expiration of that period.
• In any proceedings, a certificate that payment of the

fine was or was not made to the Clerk to the Magistrate’s Court by the date specified in the certificate shall, if the certificate purports to be signed by the Clerk to the Magistrate’s Court, be admissible as evidence of the stated facts.

Revocation

23. The Public and Environmental Health (COVID19)(Control Measures)(No. 5) Regulations 2020 (LN 108 of 2020) are revoked.

“SCHEDULE 1

TICKET  

Name:............................................................................................... 

Date of birth: …………………………………….. 

Address:........................................................................................... 

Phone:………………..(work) ………….………….……….. (home) 

Work address:.......................................................................................... 

You are summoned to appear in the Magistrate’s Court at ……….………………(place)  at ………………. a.m., on the ...............day of

....................................., 20………….   or you can produce this ticket to the Clerk of Court at any time during office hours not later than twenty-eight days beginning with the day after the date of this ticket and pay the Clerk of Court the sum of $ ......................... . in respect of the offence committed by you: at ....................................on the ..............day of .....................................,

20…………….  . 

Offence:                                                           Fine:          

Offence:                                                           Fine:          

Failure to comply with either of the above requirements will render you liable to be arrested and brought before the Court. 

Date of issue:…………Time:................. am/pm 

                                Reporting          Officer’s          Signature          (and          rank          and          no):

.............................................................. 

Original to alleged offender 

First copy to court 

Second copy to prosecutor  Third copy to police 

__________

SCHEDULE 2

OFFENCES AND PENALTIES

MADE this 13^th day of November 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE

(This Note is not part of the Regulations)

click here for PDF format

(Legal Notice 108 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Purpose and application
4. Curfew
5. Restriction on businesses
6. Religious places of worship
7. Funeral services and burial grounds
8. Restrictions on public gathering and social activities
9. Gathering at shelters
10. Logbook
11. Aircrafts and vessels
12. Restrictions on domestic travel
13. Screening for essential domestic travel
14. Public beaches
15. Schools
16. Power to stop, detain and arrest
17. Obstruction
18. Forfeiture upon conviction
19. Offence
20. Guidelines
21. Enforcement
22. Fixed penalty
23. Revocation

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation, commencement and expiry

1. These Regulations may be cited as the Public and Environmental Health (COVID-19)(Control Measures)(No. 5) Regulations 2020 and shall come into operation on 2 November 2020 and shall, unless provided otherwise in any particular regulation, expire on 31 December 2020.

Interpretation

2. In these Regulations—

“business” includes an establishment, institution, an office, store or organisation;

“COVID-19” means the disease known as the novel Coronavirus; “health officer” has the meaning given in section 2(1) of the Public and Environmental Health Ordinance;

“public health officer” means a health officer under the Public

and Environmental Health Ordinance.

Purpose and application

3. (1) These Regulations are made for the purpose of preventing, controlling and suppressing the spread of COVID-19.

• Except where specifically specified, these Regulations apply to all the Islands.
• The measures under these Regulations are subject to review and may be varied.

Curfew

4. (1) A curfew is imposed on all Islands for 12:00 a.m. to 5:00 am. every night starting from 2 November 2020 until 5:00 a.m. on 16 November 2020.

• Every person shall, during the curfew period under subregulation (1), remain confined to his place of residence (inclusive of the yard space) to avoid contact outside of their family, except—
  • for essential travel to and from the doctor or hospital;
  • an attorney, for travel to and from a police station;
  • essential workers, who are directed to report to work by the person in charge of the service.
• For the purposes of this regulation, an “essential worker” includes essential officers of—
  • the Royal Turks and Caicos Islands Police Force and 911 Centre;
  • the Fire Services;
  • Her Majesty’s Prisons;
  • the Environmental Health Department;
  • the Department of Immigration;
  • the Customs Department;
  • the Airports Authority;
  • the Civil Aviation Authority;
  • the Ports Authority;
  • waste disposal and sanitation companies;
  • the Emergency Medical Services Department;
  • the Department of Public Health;
  • the Department of Social Development;
  • the Department of Gender Affairs;
  • the Department of Disaster Management and Emergencies in preparation for and in response to a disaster;
  • any hospital, health care or medical facility;
  • any water, electricity, telecommunications (including internet services) or other sector encompassing the provision of electronic communications including print and electronic media;
  • security guards;
  • road construction workers;
  • the Turk and Caicos Islands Regiment and Armed Forces;
  • persons working at a Fixed Base Operator (FBO) or an airport, with approval from the relevant authorities (Turks and Caicos Islands Airports Authority or Civil Aviation Authority);
  • prearranged taxi drivers picking up persons arriving on international flights, with the written approval of the Fixed Base Operator (FBO);
  • night auditors; and
  • workers at large supermarkets with an established pattern of overnight shift work to facilitate restocking and sanitising.
• All essential workers shall at all times carry personal identification.
• A person who is exempted under subregulation (2) shall use the most direct routes of travel from his home to his place of work, or such other places mentioned in paragraph (a) of that subregulation, and back to his home directly without making detours.

Restrictions on businesses

5. (1) From 2 November 2020 to 5:00 a.m. on 16 November 2020—
   • all businesses shall suspend operations to the general public at 11:00 p.m.; and
   • the number of customers that may be permitted in a restaurant or bar at any one time shall not exceed 30 percent of occupancy based on square footage as verified by the Public and Environmental Health Department.

• A business establishment shall indicate its capacity by a sign posted outside the entrance to the building, having regard to social distancing requirements.
• Capacity shall be calculated in order to comply with physical distancing requirements and other applicable regulations.

Religious places of worship

6. (1) From 2 November 2020 to 5:00 a.m. on 16 November 2020, the number of persons that may be permitted inside a religious place of worship at any given time shall not exceed 30 percent of occupancy based on square footage as verified by the Public and Environmental Health Department.

• A religious place of worship may have more than one service per day, if necessary, in order to facilitate physical distancing.
• A religious place of worship may provide for a service outdoors or through drive-in-option within its premises, but persons shall remain in their vehicles during the conduct of the service.
• A religious place of worship shall indicate its capacity by a sign posted outside the entrance to the building, having regard to physical distancing requirements.

Funeral services and burial grounds

7. From 2 November 2020 to 5:00 a.m. on 16 November 2020, a maximum number of forty persons may be permitted to attend a funeral service and at least one officiant and essential mortuary staff, which shall be approved by the Chief Medical Officer:

Provided that such funeral services shall be held outdoors. 

Restrictions on public gathering and social activities

8. From the 2 November 2020 to 5:00 a.m. on 16 November 2020, no person shall host or attend any public gathering or social activity, of any description, of a gathering of more than twentyfive persons and any such activity shall be held outdoors.

Weddings

9. (1) From 2 November 2020 to 5:00 a.m. on 16 November 2020, a maximum of forty persons may be permitted at a wedding.

 (2) Weddings may be held indoors or outdoors.

Gathering at shelters

10. (1) A shelter manager may permit a maximum number of persons to be accommodated at a shelter as allowable under COVID-19 protocols in the event that a disaster has happened, is happening or is likely to happen in the Islands.

• COVID-19 protocols shall be observed at all shelters.
• In subregulations (1) and (2) “COVID-19 protocols” means protocols issued by the Ministry of Health for a particular shelter or shelters generally and include temperature screening, wearing of face mask, hand sanitising, washing of hands, physical distancing, etc.
• In determining the maximum number of persons to be accommodated at a shelter under subregulation (1), a principle objective of the shelter manager shall be to preserve life.

Logbook

11. A log book of attendees shall be kept and maintained for any gathering of a church, funeral, wedding or social activity, as the case may be, permitted under regulations 6, 7, 8 and 9 to facilitate contact tracing.

Aircrafts and vessels

12. Visiting military aircraft and vessels and flights providing humanitarian efforts and special aid in the event of a disaster shall obtain approval from the Chief Medical Officer prior to arrival in the Islands.

Screening for domestic travel

13. (1) From 2 November 2020 to 5:00 a.m. on 31 December 2020, the Airports Authority and the Ports Authority shall, in accordance with protocols issued by the Ministry of Health, implement and conduct temperature checks on every person before the person boards an aircraft or boat for interisland travel.

• Every person travelling interisland shall be subjected to a temperature check—
  • at the airport, if the person is travelling by aircraft; or
  • at the sea port, if the person is travelling by boat.
• Every person travelling interisland shall adhere to all health protocols relevant for domestic travel.

Public beaches 

14. For the purpose of preventing the spread of the virus through social gatherings, all public beaches shall continue to be opened subject to the following conditions for 2 November 2020 to 5:00 a.m. on 16 November 2020—

• physical distancing        requirements    shall     be observed;
• no gathering of more than ten adult persons outside the same household;
• other than commercial vendors who comply with the Ministry of Health protocols, no alcohol should be taken onto or consumed on the beach;
• no sports shall be allowed on the beach, except individual fitness activities.

Schools

15. The reopening of schools shall be in accordance the policy issued by the Ministry of Education.

Power to stop, detain and arrest

16. (1) Where an authorised person has reasonable cause to believe that a person is in violation of these Regulations, he may stop, detain, question and arrest such person and confiscate any vehicle being used by that person, if he considers it necessary to do so.

• Any person who assaults, obstructs, hinders or resists or uses any threatening or abusive language or aids or incites any other person to assault, obstruct, hinder or resist any authorised person in the execution of his duty under this regulation, commits an offence.
• The owner or person last having control of a vehicle confiscated under subregulation (1) shall pay the cost in respect of towing away of the vehicle or storage of the vehicle. (4) For the purposes of this regulation, an “authorised person” means—
  • any health officer, public officer, member of the Royal Turks and Caicos Islands Police Force, any other law enforcement officer, or a prison officer; or
  • any person authorised by the Governor to do the act in relation to which the expression is used.

Obstruction

17. No person shall obstruct the Chief Medical Officer, any public health officer, public officer, police officer, any other law enforcement officer, or any prison officer, acting in the course of his duty as such, or any person exercising any powers or performing any duties conferred or imposed on him by or under any of these Regulations, or otherwise discharging any lawful functions in connection with the performance of any statutory purpose.

Forfeiture upon conviction

18. Upon the conviction of any person for an offence against regulation 4(1), the Court, in addition to any other penalty it may impose may order that any property including any vehicle used in the commission of the offence, be forfeited to the Government.

Offence

19. Any person who contravenes these Regulations commits an offence and is liable on summary conviction to a fine of one thousand dollars or to a term of imprisonment for three months, or to both.

Guidelines

20. (1) A relevant public authority may issue guidelines to supplement or provide for further clarification of these Regulations.

 (2) A person, business or enterprise shall comply with any applicable guidelines issued pursuant to subregulation (1).

Enforcement

21. (1) A public health officer, a police officer or an officer of the relevant government department may visit any business, premises or public place to ensure compliance with the provisions of these Regulations and any guidelines issued under regulation 20(1).

 (2) A public health officer, police officer or an officer of the relevant government department may, for failure to comply with the provisions of these Regulations or any guidelines issued pursuant to regulation 20(1)—

• order the immediate closure of a business or premises or part of the business or premises; or
• order the dispersal of persons at that business or premises or at any public place.

Fixed penalty

22. (1) Where an offence appears to have been committed contrary to—
    • regulation 4(1) and (2);
    • regulation 5;
    • regulation 6(1);
    • regulation 7;
    • regulation 8;
    • regulation 9; or
    • regulation 14, a police officer may issue to the person a ticket, in the form set out in the Schedule 1 and, if the person desires to plead guilty to the offence alleged, he may produce such ticket to the Clerk to the Magistrate’s Court at the place, and on or before the date and time therein specified, not being more than twenty-eight days from the date or receipt of the said ticket, and may pay the fine prescribed in Schedule 2 into court.

• If the person desires to plead not guilty to the offence alleged or to request the court to mitigate the fine, the said ticket shall operate as a summons to the person to appear before the court at the date and time therein specified so that, in default of payment of the fine or so making appearance before the court, the person shall be treated as if the fine had been imposed after conviction.
• Where a person is issued a ticket under subregulation (1) in respect of an offence—
  • no proceedings may be instituted for that offence before the expiration of twenty-eight days following the date of the ticket; and
  • he may not be convicted of that offence id he pays the fine before the expiration of that period.
• In any proceedings, a certificate that payment of the

fine was or was not made to the Clerk to the Magistrate’s Court by the date specified in the certificate shall, if the certificate purports to be signed by the Clerk to the Magistrate’s Court, be admissible as evidence of the stated facts.

Revocation

23. The Public    and    Environmental     Health    (COVID-

19)(Control Measures)(No. 4) Regulations 2020 (LN 99 of 2020) are revoked.

“SCHEDULE 1

TICKET  

Name:............................................................................................... 

Date of birth: …………………………………….. 

Address:........................................................................................... 

Phone:………………..(work) ………….………….……….. (home) 

Work address:.......................................................................................... 

You are summoned to appear in the Magistrate’s Court at ……….………………(place)  at ………………. a.m., on the ...............day of

....................................., 20………….   or you can produce this ticket to the Clerk of Court at any time during office hours not later than twenty-eight days beginning with the day after the date of this ticket and pay the Clerk of Court the sum of $ ......................... . in respect of the offence committed by you: at ....................................on the ..............day of .....................................,

20…………….  . 

Offence:                                                           Fine:          

Offence:                                                           Fine:           

Failure to comply with either of the above requirements will render you liable to be arrested and brought before the Court. 

Date of issue:…………Time:................. am/pm 

                                Reporting          Officer’s         Signature          (and          rank          and          no):

.............................................................. 

Original to alleged offender 

First copy to court 

Second copy to prosecutor  Third copy to police 

__________

SCHEDULE 2

OFFENCES AND PENALTIES

MADE this 2^nd day of November 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE

(This Note is not part of the Regulations)

click here for PDF format

(Legal Notice 98 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Purpose and application
4. Curfew
5. Restriction on businesses
6. Religious places of worship
7. Funeral services and burial grounds
8. Restrictions on public gathering and social activities
9. Gathering at shelters
10. Logbook
11. Aircrafts and vessels
12. Restrictions on domestic travel
13. Screening for essential domestic travel
14. Public beaches
15. Schools
16. Power to stop, detain and arrest
17. Obstruction
18. Forfeiture upon conviction
19. Offence
20. Guidelines
21. Enforcement
22. Fixed penalty
23. Revocation

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation, commencement and expiry

1. These Regulations may be cited as the Public and Environmental Health (COVID-19)(Control Measures)(No. 3) Regulations 2020 and shall come into operation on 30 September 2020 and shall expire at 5:00 a.m. on 14 October 2020.

Interpretation

2. In these Regulations—

“business” includes an establishment, institution, an office, store or organisation;

“COVID-19” means the disease known as the novel Coronavirus; “health officer” has the meaning given in section 2(1) of the Public and Environmental Health Ordinance;

“public health officer” means a health officer under the Public

and Environmental Health Ordinance.

Purpose and application

3. (1) These Regulations are made for the purpose of preventing, controlling and suppressing the spread of COVID-19.

• Except where specifically specified, these Regulations apply to all the Islands.
• The measures under these Regulations are subject to review and may be varied.

Curfew

4. (1) A curfew is imposed on all Islands for 8:00 p.m. to 5:00 am. every night starting from 30 September 2020 until 5:00 a.m. on 14 October 2020.

• Every person shall, during the curfew period under subregulation (1), remain confined to his place of residence (inclusive of the yard space) to avoid contact outside of their family, except—
  • for essential travel to and from the doctor or hospital;
  • an attorney, for travel to and from a police station;
  • essential workers, who are directed to report to work by the person in charge of the service.
• For the purposes of this regulation, an “essential worker” includes essential officers of—
  • the Royal Turks and Caicos Islands Police Force and 911 Centre;
  • the Fire Services;
  • Her Majesty’s Prisons;
  • the Environmental Health Department;
  • the Department of Immigration;
  • the Customs Department;
  • the Airports Authority;
  • the Civil Aviation Authority;
  • the Ports Authority;
  • waste disposal and sanitation companies;
  • the Emergency Medical Services Department;
  • the Department of Public Health;
  • the Department of Social Development;
  • the Department of Gender Affairs;
  • the Department of Disaster Management and Emergencies in preparation for and in response to a disaster;
  • any hospital, health care or medical facility;
  • any water, electricity, telecommunications (including internet services) or other sector encompassing the provision of electronic communications including print and electronic media;
  • security guards;
  • road construction workers;
  • the Turk and Caicos Islands Regiment and Armed Forces;
  • persons working at a Fixed Base Operator (FBO) or an airport, with approval from the relevant authorities (Turks and Caicos Islands Airports Authority or Civil Aviation Authority);
  • prearranged taxi drivers picking up persons arriving on international flights, with the written approval of the Fixed Base Operator (FBO);
  • night auditors; and
  • workers at large supermarkets with an established pattern of overnight shift work to facilitate restocking and sanitising.
• All essential workers shall at all times carry personal identification.
• A person who is exempted under subregulation (2) shall use the most direct routes of travel from his home to his place of work, or such other places mentioned in paragraph (a) of that subregulation, and back to his home directly without making detours.

Restrictions on businesses

5. From 30 September 2020 to 5:00 a.m. on 14 October 2020—

• all businesses shall suspend operations to the general public at 7:00 p.m.; and
• the number of customers that may be permitted in a restaurant or bar at any one time shall not exceed 30 percent of occupancy based on square footage as verified by the Public and Environmental Health Department.

Religious places of worship

6. (1) From 30 September 2020 to 5:00 a.m. on 14 October 2020, the number of persons that may be permitted inside a religious place of worship at any given time shall not exceed 30 percent of occupancy based on square footage as verified by the Public and Environmental Health Department.

• A religious place of worship may have more than one service per day, if necessary, in order to facilitate physical distancing.
• A religious place of worship may provide for a service outdoors or through drive-in-option within its premises, but persons shall remain in their vehicles during the conduct of the service.

Funeral services and burial grounds

7. From 30 September 2020 to 5:00 a.m. on 14 October 2020, a maximum number of twenty-five persons may be permitted to attend a funeral service and at least one officiant and essential mortuary staff, which shall be approved by the Chief Medical Officer:

Provided that such funeral services shall be held outdoors. 

Restrictions on public gathering and social activities

8. (1) From the 30 September 2020 to 5:00 a.m. on 14 October 2020 no person shall host or attend any public gathering or social activity of any description, including a wedding, of a gathering of more than twenty-five persons:

Provided that any such activity is held outdoors.

 (2) No summer camp shall be permitted to operate until 14 October 2020.

Gathering at shelters

9. (1) A shelter manager may permit a maximum number of persons to be accommodated at a shelter as allowable under COVID-19 protocols in the event that a disaster has happened, is happening or is likely to happen in the Islands.

• COVID-19 protocols shall be observed at all shelters.
• In subregulations (1) and (2) “COVID-19 protocols” means protocols issued by the Ministry of Health for a particular shelter or shelters generally and include temperature screening, wearing of face mask, hand sanitising, washing of hands, physical distancing, etc.
• In determining the maximum number of persons to be accommodated at a shelter under subregulation (1), a principle objective of the shelter manager shall be to preserve life.

Logbook

10. A log book of attendees shall be kept and maintained for any gathering of a church, funeral or wedding permitted under regulations 6, 7 and 8 to facilitate contact tracing.

Aircrafts and vessels

11. Visiting military aircraft and vessels shall obtain approval from the Chief Medical Officer prior to arrival in the Islands.

Restrictions on domestic travel

12. (1) From 30 September 2020 to 5:00 a.m. on 14 October 2020, no person shall offer for hire or seek to travel on any interisland private or commercial air or sea transport that is nonessential, provided that an airline or a boat shall reduce the number of persons traveling on interisland transportation to permit physical distancing.

• For the purposes of subregulation (1), travel for the purpose of banking, businesses under regulation 4(3)(q), doctor and hospital visits, funeral, international travel or continuing one’s journey to an island of destination upon arrival in the Islands, emergencies and cargo shall be considered essential travel.
• A member of the House of Assembly may travel from and return to another island, to attend a meeting of the House of Assembly in the island of Grand Turk.
• Travel by construction workers for construction project work, with the written approval of the Permanent Secretary, Infrastructure following approval of the Chief Medical Officer shall be considered essential travel:

Provided that measures as may be approved by the Ministry are put in place.

• The Chief Medical Officer may approve other exemptions for domestic travel required for urgent purposes not identified as essential travel under this regulation.

Screening for essential domestic travel

13. (1) From 30 September 2020 to 5:00 a.m. on 14 October 2020, the Airports Authority and the Ports Authority shall, in accordance with protocols issued by the Ministry of Health, implement and conduct temperature checks on every person before the person boards an aircraft or boat for interisland travel.

• From 30 September 2020 to 5:00 a.m. on 14 October 2020, the operator of a private boat who intends to travel interisland shall, prior to travel to and from any island, by boat notify and register with the Department of Environment and Coastal Resources. The Department of Environmental and Coastal Resources shall conduct a temperature check on the operator.
• Every person travelling interisland shall be subjected to a temperature check—
  • at the airport, if the person is travelling by aircraft; or
  • at the sea port, if the person is travelling by boat.
• A person who intends to travel interisland shall before undertaking such travel apply to the Ministry of Health for travel authorisation by completing the Interisland Travel Authorisation Form set out on the Ministry of Health website and subject himself to a temperature check prior to his travel.
• Every person travelling interisland shall adhere to all health protocols relevant for domestic travel.

Public beaches 

14. For the purpose of preventing the spread of the virus through social gatherings, all public beaches shall continue to be opened subject to the following conditions for 30 September 2020 to 5:00 a.m. on 14 October 2020—

• physical distancing        requirements    shall     be observed;
• no gathering of more than six adult persons outside the same household;
• other than commercial vendors who comply with the Ministry of Health protocols, no alcohol should be taken onto or consumed on the beach;
• no sports shall be allowed on the beach, except individual fitness activities.

Schools

15. Schools shall remain closed to face-to-face learning, except in the case of fourth and fifth forms students who may be required to attend school from 5 October 2020 in accordance the policy issued by the Ministry of Education.

Power to stop, detain and arrest

16. (1) Where an authorised person has reasonable cause to believe that a person is in violation of these Regulations, he may stop, detain, question and arrest such person and confiscate any vehicle being used by that person, if he considers it necessary to do so.

• Any person who assaults, obstructs, hinders or resists or uses any threatening or abusive language or aids or incites any other person to assault, obstruct, hinder or resist any authorised person in the execution of his duty under this regulation, commits an offence.
• The owner or person last having control of a vehicle confiscated under subregulation (1) shall pay the cost in respect of towing away of the vehicle or storage of the vehicle. (4) For the purposes of this regulation, an “authorised person” means—
  • any health officer, public officer, member of the Royal Turks and Caicos Islands Police Force, any other law enforcement officer, or a prison officer; or
  • any person authorised by the Governor to do the act in relation to which the expression is used.

Obstruction

17. No person shall obstruct the Chief Medical Officer, any public health officer, public officer, police officer, any other law enforcement officer, or any prison officer, acting in the course of his duty as such, or any person exercising any powers or performing any duties conferred or imposed on him by or under any of these Regulations, or otherwise discharging any lawful functions in connection with the performance of any statutory purpose.

Forfeiture upon conviction

18. Upon the conviction of any person for an offence against regulation 4(1), the Court, in addition to any other penalty it may impose may order that any property including any vehicle used in the commission of the offence, be forfeited to the Government.

Offence

19. Any person who contravenes these Regulations commits an offence and is liable on summary conviction to a fine of one thousand dollars or to a term of imprisonment for three months, or to both.

Guidelines

20. (1) A relevant public authority may issue guidelines to supplement or provide for further clarification of these Regulations.

 (2) A person, business or enterprise shall comply with any applicable guidelines issued pursuant to subregulation (1).

Enforcement

21. (1) A public health officer, a police officer or an officer of the relevant government department may visit any business, premises or public place to ensure compliance with the provisions of these Regulations and any guidelines issued under regulation 20(1).

 (2) A public health officer, police officer or an officer of the relevant government department may, for failure to comply with the provisions of these Regulations or any guidelines issued pursuant to regulation 20(1)—

• order the immediate closure of a business or premises or part of the business or premises; or
• order the dispersal of persons at that business or premises or at any public place.

Fixed penalty

22. (1) Where an offence appears to have been committed contrary to—
    • regulation 4(1) and (2);
    • regulation 5;
    • regulation 6(1);
    • regulation 7;
    • regulation 8; or
    • regulation 14, a police officer may issue to the person a ticket, in the form set out in the Schedule 1 and, if the person desires to plead guilty to the offence alleged, he may produce such ticket to the Clerk to the Magistrate’s Court at the place, and on or before the date and time therein specified, not being more than twenty-eight days from the date or receipt of the said ticket, and may pay the fine prescribed in Schedule 2 into court.

• If the person desires to plead not guilty to the offence alleged or to request the court to mitigate the fine, the said ticket shall operate as a summons to the person to appear before the court at the date and time therein specified so that, in default of payment of the fine or so making appearance before the court, the person shall be treated as if the fine had been imposed after conviction.
• Where a person is issued a ticket under subregulation

(1) in respect of an offence—

• no proceedings may be instituted for that offence before the expiration of twenty-eight days following the date of the ticket; and
• he may not be convicted of that offence id he pays the fine before the expiration of that period.

 (4) In any proceedings, a certificate that payment of the fine was or was not made to the Clerk to the Magistrate’s Court by the date specified in the certificate shall, if the certificate purports to be signed by the Clerk to the Magistrate’s Court, be admissible as evidence of the stated facts.

Revocation

23. The Public    and    Environmental     Health    (COVID-

19)(Control Measures)(No. 2) Regulations 2020 (LN 91 of 2020) are revoked.

“SCHEDULE 1

TICKET  

Name:............................................................................................... 

Date of birth: …………………………………….. 

Address:........................................................................................... 

Phone:………………..(work) ………….………….……….. (home) 

Work address:.......................................................................................... 

You     are     summoned     to     appear     in     the     Magistrate’s     Court     at

……….………………(place)  at ………………. a.m., on the ...............day of

....................................., 20………….   or you can produce this ticket to the Clerk of Court at any time during office hours not later than twenty-eight days beginning with the day after the date of this ticket and pay the Clerk of Court the sum of $ ......................... . in respect of the offence committed by you: at ....................................on the ..............day of .....................................,

20…………….  . 

Offence:                                                           Fine:          

Offence:                                                           Fine:          

Failure to comply with either of the above requirements will render you liable to be arrested and brought before the Court. 

Date of issue:…………Time:................. am/pm 

Reporting          Officer’s         Signature          (and          rank          and         no):

.............................................................. 

Original to alleged offender 

First copy to court 

Second copy to prosecutor  Third copy to police 

__________

SCHEDULE 2

OFFENCES AND PENALTIES

MADE this 29^th day of September 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE

(This Note is not part of the Regulations)

click here for PDF format

(Legal Notice 95 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation and commencement
2. Interpretation
3. Regulation 4 amended
4. Regulation 5 substituted
5. Regulation 8 amended
6. Regulation 12 amended
7. Regulation 13 amended
8. Regulation 14 amended

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation, commencement and expiry

1. These Regulations may be cited as the Public and Environmental Health (COVID-19)(Control Measures)(No. 2)(Amendment) Regulations 2020 and shall come into operation on 15 September 2020.

Interpretation

     2. In these Regulations “principal Regulations” means the Public and Environmental Health (COVID-19)(Control Measures)(No. 2) Regulations

Regulation 4 amended

3.  “(1)A curfew is imposed—
   • on the Islands of Grand Turk and South Caicos from 6:00 p.m. to 5:00 a.m. every night starting from 15 September 2020 until 5:00 a.m. on 30 September 2020; and
   • on all the other islands from 8:00 p.m. to 5:00

   a.m. every night starting from 15 September 2020 until 5:00 a.m. on 30 September 2020.

   • in subregulation (2) by inserting after paragraph
   • the following paragraph—

   “(d) persons arriving on international flights.”;

   
   
   • in subregulation (3) by inserting after paragraph (t)

   the following paragraphs—

   “(u) persons working at a Fixed Base Operator (FBO) or an airport, with approval from the relevant authorities (Turks and Caicos Islands Airports Authority or Civil Aviation Authority);

   • prearranged taxi drivers picking up persons arriving on international flights, with the written approval of the Fixed Base Operator (FBO);
   • night auditors;
   workers at large supermarkets with an established pattern of overnight shift work to facilitate restocking and sanitising.”.Regulation 4 of the principal Regulations is amended—
   • by deleting subregulation (1) and substituting the following—

Regulation 5 substituted

      4. The principal Regulations are amended by deleting regulation 5 and substituting the following—

“Restriction on businesses

2. From 15 September 2020 to 30 September 2020—
   • businesses on the islands of Grand Turk and South Caicos shall suspend operations to the general public at 5:00 m.;
   • businesses on all the other islands shall suspend operations to the general public at 7:00 p.m.; and

(b) the number of customers that may be permitted in  a bar or restaurant at any one time shall not exceed ten.”.

Regulation 8 amended

        5. Regulation 8 of the principal Regulations is amended in subregulations (1) and (2) by deleting “15 September 2020” and substituting “30 September 2020”.

Regulation 12 amended

        6. Regulation 12 of the principal Regulations is amended—

• in subregulation (1) by deleting “15 September 2020” and substituting “30 September 2020”;
• by inserting after subregulation (3) the following regulation—

“(4) Travel by construction workers for  construction project work, with the written approval of the Permanent Secretary, Infrastructure following approval of the Chief Medical Officer shall be considered essential travel:

Provided that measures as may be approved by the Ministry are put in place.”.

Regulation 13 amended

       7. Regulation 8 of the principal Regulations is amended in subregulations (1) and (2) by deleting “15 September 2020” and substituting “30 September 2020”.

Provided that such funeral services shall be held outdoors.

Regulation 14 amended

       8. Regulation 14 of the principal Regulations is amended by deleting “15 September 2020” and substituting “30 September 2020”.

          (2) No summer camp shall be permitted to operate until 15 September 2020.

MADE this 12^th day of September 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE

(This Note is not part of the Regulations)

• exempt passengers arriving in the Islands after the curfew, prearranged taxi drivers picking up arriving passengers and persons working at an FBO or airport working with approval from the relevant authorities (TCIAA or CAA) from the curfew requirement;
• extend certain restrictions on businesses to 30 September 2020 as follows—

  • businesses on the islands of Grand Turk and South Caicos must suspend operations to the general public at 5:00 p.m.;
  • businesses on all the other islands must suspend operations to the general public at 7:00 p.m.; and
  • the number of customers that may be permitted in a bar or restaurant at any one time shall not exceed ”;
• extend the restriction on public gathering and social activities to 30 September 2020;
• extend the restriction on domestic travel to 30 September 2020;
• include construction workers travelling for the purposes of construction projects as essential travel;
• extend the restriction on public beaches to 30 September 2020

click here for PDF format

(Legal Notice 90 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation and commencement
2. Interpretation
3. Regulation 7 substituted

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation and commencement

1. These Regulations may be cited as the Public and Environmental Health (COVID-19 Pandemic)(Amendment) Regulations 2020 and shall come into operation on publication in the Gazette.

Interpretation

2. In these Regulations “principal Regulations” means the Public and Environmental Health (COVID-19 Pandemic) Regulations

Regulation 7 substituted

3. The principal Regulations are amended by deleting regulation 7 and substituting the following—

Closure of cruise ports

4. Cruise ports shall remain closed until 1 January 2021 and  no cruise ship shall be permitted to enter the Islands until after 1 January 2021, subject to guidance from the Ministry, the CDC and the cruise industry.”.

MADE this 27^th day of August 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE

(This Note is not part of the Regulations)

These Regulations amend the principal Regulations provide for cruse ports to remain closed until 1 January 2021.

click here for PDF format

(Legal Notice 91 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Purpose and application
4. Curfew
5. Restriction on businesses
6. Religious places of worship
7. Funeral services and burial grounds
8. Restrictions on public gathering and social activities
9. Gathering at shelters
10. Logbook
11. Aircrafts and vessels
12. Restrictions on domestic travel
13. Screening for essential domestic travel
14. Public beaches
15. Power to stop, detain and arrest
16. Obstruction
17. Forfeiture upon conviction
18. Offence
19. Guidelines
20. Enforcement
21. Fixed penalty
22. Revocation

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation, commencement and expiry

1. These Regulations may be cited as the Public and Environmental Health (COVID-19)(Control Measures)(No. 2) Regulations 2020 and shall come into operation on 28 August 2020 and shall expire at 5:00 a.m. on 11 October

Interpretation

     2. In these Regulations—

2. “COVID-19” means the disease known as the novel Coronavirus.

Purpose and application

3.   (1) These Regulations are made for the purpose of preventing, controlling and suppressing the spread of COVID-19.

           (2) Except where specifically specified, these Regulations apply to all the the Islands.

           (3) The measures under these Regulations are subject to review and may be varied.

Curfew

      4. (1) A curfew is imposed on all Islands for 8:00 p.m. to 5:00 am. every night starting from 28 August 2020 until 5:00 a.m. on 15 September 2020.

          (2) Every person shall, during the curfew period under subregulation (1), remain confined to his place of residence (inclusive of the yard space) to avoid contact outside of their family, except—

1. for essential travel to and from the doctor or hospital;
2. an attorney, for travel to and from a police station;
3. essential workers, who are directed to report to work by the person in charge of the service
   
   (3) For the purposes of this regulation, an “essential worker” includes essential officers of—
   1. the Royal Turks and Caicos Islands Police Force and 911 Centre;
   2. the Fire Services;
   3. Her Majesty’s Prisons;
   4. the Environmental Health Department;
   5. the Department of Immigration;
   6. the Customs Department;
   7. the Airports Authority;
   8. the Civil Aviation Authority;
   9. the Ports Authority;
   10. waste disposal and sanitation companies;
   11. the Emergency Medical Services Department;
   12. the Department of Public Health;
   13. the Department of Social Development;
   14. the Department of Gender Affairs;
   15. the Department of Disaster Management and Emergencies in preparation for and in response to a disaster;
   16. any hospital, health care or medical facility;
   17. any water, electricity, telecommunications (including internet services) or other sector encompassing the provision of electronic communications including print and electronic media;
   18. security guards;
   19. road construction workers; and
   20. the Turk and Caicos Islands Regiment and Armed Forces.
       
       (4) All essential workers shall at all times carry personal identification.
       
       (5) A person who is exempted under subregulation (2) shall use the most direct routes of travel from his home to his place of work, or such other places mentioned in paragraph (a) of that subregulation, and back to his home directly without making detours.

Restrictions on businesses

        5. From 28 August 2020 to 5:00 a.m. on 15 September 2020—

1. all businesses shall suspend operations to the general public at 7:00 p.m.; and
2. the number of customers that may be permitted in a bar or restaurant at any one time shall not exceed ten.

Religious places of worship

        6. (1) From 28 August 2020 to 5:00 a.m. on 11 October 2020, no more than a maximum number of twenty-five persons shall be allowed to be inside a religious place of worship at any given time.

Funeral services and burial grounds

       7. From 28 August 2020 to 5:00 a.m. on 11 October 2020, a maximum number of twenty-five persons may be permitted to attend a funeral service and at least one officiant and essential mortuary staff, which shall be approved by the Chief Medical Officer:

Provided that such funeral services shall be held outdoors.

Restrictions on public gathering and social activities

       8. (1) From the 28 August 2020 to 5:00 a.m. on 15 September 2020 no person shall host or attend any public gathering or social activity of any description, including a wedding, of a gathering of more than ten persons.

          (2) No summer camp shall be permitted to operate until 15 September 2020.

Gathering at shelters

     9. (1) A shelter manager may permit a maximum number of persons to be accommodated at a shelter as allowable under COVID-19 protocols in the event that a disaster has happened, is happening or is likely to happen in the Islands.

         (2) COVID-19 protocols shall be observed at all shelters.

         (3) In subregulations (1) and (2) “COVID-19 protocols” means protocols issued by the Ministry of Health for a particular shelter or shelters generally and include temperature screening, wearing of face mask, hand sanitising, washing of hands, physical distancing, etc.

         (4) In determining the maximum number of persons to be accommodated at a shelter under subregulation (1), a principle objective of the shelter manager shall be to preserve life.

Logbook

     10. A log book of attendees shall be kept and maintained for any gathering of a church, funeral or wedding permitted under regulations 6, 7 and 8 to facilitate contact tracing.

Aircrafts and vessels

      11. Visiting military aircraft and vessels shall obtain approval from the Chief Medical Officer prior to arrival in the Islands.

Restrictions on domestic travel

     12. (1) From 28 August 2020 to 5:00 a.m. on 15 September 2020, no person shall offer for hire or seek to travel on any interisland private or commercial air or sea transport that is non- essential, provided that an airline or a boat shall reduce the number of persons traveling on interisland transportation to permit physical distancing.

           (2) For the purposes of subregulation (1), travel for the purpose of banking, businesses under regulation 4(3)(q), doctor and hospital visits, funeral, international travel or continuing one’s journey to an island of destination upon arrival in the Islands, emergencies and cargo shall be considered essential travel.

           (3) A member of the House of Assembly may travel from and return to another island, to attend a meeting of the House of Assembly in the island of Grand Turk.

Screening for essential domestic travel

     13. (1) From 28 August 2020 to 5:00 a.m. on 15 September 2020, the Airports Authority and the Ports Authority shall, in accordance with protocols issued by the Ministry of Health, implement and conduct temperature checks on every person before the person boards an aircraft or boat for interisland travel

          (2) From 28 August 2020 to 5:00 a.m. on 15 September 2020, the operator of a private boat who intends to travel interisland shall, prior to travel to and from any island, by boat notify and register with the Department of Environment and Coastal Resources. The Department of Environmental and Coastal Resources shall conduct a temperature check on the operator.

         (3) Every person travelling interisland shall be subjected to a temperature check—

1. at the airport, if the person is travelling by aircraft; or
2. at the sea port, if the person is travelling by boat

Public beaches

     (14) For the purpose of preventing the spread of the virus through social gatherings, all public beaches shall continue to be opened subject to the following conditions for 28 August 2020 to 5:00 a.m. on 15 September 2020—

1. physical distancing requirements shall be observed;
2. no gathering of more than four adult persons outside the same household;
3. other than commercial vendors who comply with the Ministry of Health protocols, no alcohol should be taken onto or consumed on the beach;
4. no sports shall be allowed on the beach, except individual fitness activities.

Power to stop, detain and arrest

     15. (1) Where an authorised person has reasonable cause to believe that a person is in violation of these Regulations, he may stop, detain, question and arrest such person and confiscate any vehicle being used by that person, if he considers it necessary to do so.

          (2) Any person who assaults, obstructs, hinders or resists or uses any threatening or abusive language or aids or incites any other person to assault, obstruct, hinder or resist any authorised person in the execution of his duty under this regulation, commits an offence.

         (3) The owner or person last having control of a vehicle confiscated under subregulation (1) shall pay the cost in respect of towing away of the vehicle or storage of the vehicle.

         (4) For the purposes of this regulation, an “authorised person” means—

1. any health officer, public officer, member of the Royal Turks and Caicos Islands Police Force, any other law enforcement officer, or a prison officer; or
2. any person authorised by the Governor to do the act in relation to which the expression is used.

Obstruction

     16. No person shall obstruct the Chief Medical Officer, any public health officer, public officer, police officer, any other law enforcement officer, or any prison officer, acting in the course of his duty as such, or any person exercising any powers or performing any duties conferred or imposed on him by or under any of these Regulations, or otherwise discharging any lawful functions in connection with the performance of any statutory purpose.

Forfeiture upon conviction

     17. Upon the conviction of any person for an offence against regulation 4(1), the Court, in addition to any other penalty it may impose may order that any property including any vehicle used in the commission of the offence, be forfeited to the GOvernment.

Offence

     18. Any person who contravenes these Regulations commits an offence and is liable on summary conviction to a fine of one thousand dollars or to a term of imprisonment for three months, or to both.

Guidelines

     19. (1) A relevant public authority may issue guidelines to supplement or provide for further clarification of these Regulations.

          (2) A person, business or enterprise shall comply with any applicable guidelines issued pursuant to subregulation (1).

Enforcement

     20. (1) A public health officer, a police officer or an officer of the relevant government department may visit any business, premises or public place to ensure compliance with the provisions of these Regulations and any guidelines issued under regulation 19(1).

          (2) A public health officer, police officer or an officer of the relevant government department may, for failure to comply with the provisions of these Regulations or any guidelines issued pursuant to regulation 19(1)—

1. order the immediate closure of a business or premises or part of the business or premises; or
2. order the dispersal of persons at that business or premises or at any public place.

Fixed penalty

     21. (1) Where an offence appears to have been committed contrary to—

1. regulation 4(1) and (2);
2. regulation 5;
3. regulation 6(1);
4. regulation 7;
5. regulation 8; or
6. regulation 14,

a police officer may issue to the person a ticket, in the form set out in the Schedule 1 and, if the person desires to plead guilty to the offence alleged, he may produce such ticket to the Clerk to the Magistrate’s Court at the place, and on or before the date and time therein specified, not being more than twenty-eight days from the date or receipt of the said ticket, and may pay the fine prescribed in Schedule 2 into court.

        (2) If the person desires to plead not guilty to the offence alleged or to request the court to mitigate the fine, the said ticket shall operate as a summons to the person to appear before the court at the date and time therein specified so that, in default of payment of the fine or so making appearance before the court, the person shall be treated as if the fine had been imposed after conviction.

        (3) Where a person is issued a ticket under subregulation in respect of an offence—

1. no proceedings may be instituted for that offence before the expiration of twenty-eight days following the date of the ticket; and
2. he may not be convicted of that offence id he pays the fine before the expiration of that period.

       (4) In any proceedings, a certificate that payment of the fine was or was not made to the Clerk to the Magistrate’s Court by the date specified in the certificate shall, if the certificate purports to be signed by the Clerk to the Magistrate’s Court, be admissible as evidence of the stated facts.

Revocation

     22. The Public     and    Environmental    Health    (COVID- 19)(Control Measures) Regulations 2020 are revoked.

Name:...............................................................................................

Date of birth: ……………………………………..

Address:...........................................................................................

Phone:………………..(work)................................................... (home)

Work address:..........................................................................................

You     are     summoned     to     appear     in     the     Magistrate’s     Court    at

……….………………(place)   at ………………. a.m., on the................ day of

....................................., 20…………. or you can produce this ticket to the Clerk of Court at any time during office hours not later than twenty-eight days beginning with the day after the date of this ticket and pay the Clerk of Court the  sum of $             in  respect of  the offence committed  by you: at

....................................on     the     ..............day     of........................................... ,

20……………. .

Offence:                                                             Fine:

Offence:                                                             Fine:

Failure to comply with either of the above requirements will render you liable to be arrested and brought before the Court.

Date of issue:…………Time:................. am/pm

Reporting         Officer’s         Signature         (and         rank         and         no):

..............................................................

Original to alleged offender
First copy to court
Second copy to prosecutor
Third copy to police

MADE this 27^th day of August 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE

(This Note is not part of the Regulations)

These Regulations put in further measures in place considered necessary to prevent, control and control the spread of COVID- 19 (Coronavirus) in the Islands.

click here for PDF format

(Legal Notice 88 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Flight interruption due to tropical storm Laura

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation, commencement and expiry

1. These Regulations may be cited as the Public and Environmental Health (COVID-19)(Arriving Passengers Health Clearance)(Amendment)(No. 4) Regulations 2020 and shall be come into operation on 24 August 2020 and expire on 26 August 2020.

Flight interruption due to tropical storm Laura

2. (1) Notwithstanding regulation 4(1)(b) of Public and Environmental Health (COVID-19)(Arriving Passengers Health Clearance) Regulations 2020, a person’s negative PCR COVID- 19 test result of a test undertaken no more than seven days prior to travel to the Islands shall be accepted, if the person’s travel to the Islands was disrupted as a result of closure of the international airport in the Islands due to tropical storm Laura:

2. Provided that the person provides evidence to show that his original travel date to the Islands was a date when the airport in the Islands was closed and that he had already obtained the TCI Assured Travel Authorisation.

   (2) A person referred to in subregualtion (1) shall be subject to additional screening upon arrival in the Islands as the Chief Medical Officer deems necessary.

MADE this 24^th day of August 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE

(This Note is not part of the Regulations)

These Regulations amend the Public and Environmental Health (COVID-19)(Arriving Passengers Health Clearance) Regulations 2020 to extend the time frame for PCR COVID-19 test to be taken to seven days prior to travel to the Islands in order to accommodate persons whose travel dates were disrupted as a result of closure of the airport due to tropical storm Laura and as such the test result would no longer be valid.

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(Legal Notice 87 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation and commencement
2. Interpretation
3. Regulation 2 amended
4. Regulation 7 substituted
5. Regulation 7A inserted

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to  carrying into effect the purposes and provisions of the Ordinance-.

Citation, commencement and expiry

1. These Regulations may be cited as the Public and Environmental Health                    (COVID-19)(Control Measures)(Amendment)(No. 2) Regulations 2020 and shall come into operation on publication in the Gazette.

Interpretation

2. In these Regulations “principal Regulations” means the Public and Environmental Health (COVID-19)(Control Measures) Regulations

Regulation 2 Amended

3.  Regulation 2 of the principal Regulations is amended by inserting in the appropriate alphabetical positions the following definitions—

““disaster” has the meaning given in section 2 of the Disaster Management Ordinance;

“shelter” has the meaning given in section 2 of the Disaster Management Ordinance; and

Curfew: Providenciales, North Caicos and Parrot Cay

4. The principal Regulations are amended by deleting regulation 7 and substituting the following—

Restriction on public gatherings and social activities

7. From the date of commencement of these Regulations to 5:00 a.m. on 31 August 2020—

1. no person shall host or attend any public gathering or social activity of any description, including a wedding, of a gathering of more than ten persons on the islands of Providenciales, North Caicos and Parrot Cay;
2. no person shall host or attend any public gathering or social activity of any description, including a wedding, of a gathering of more than twenty-five persons on any of the other ”.

5. The principal Regulations are amended by inserting after regulation 7 the following—

Gathering at shelters

7A.(1) A shelter manager may permit a maximum number of persons to be accommodated at a shelter as allowable under COVID-19 protocols in the event that a disaster has happened, is happening or is likely to happen in the Islands.

     (2)COVID-19 protocols shall be observed at all

     (3)In subregulations (1) and (2) “COVID-19 protocols” means protocols issued by the Ministry of Health for a particular shelter or shelters generally and include temperature screening, wearing of face mask, hand sanitising, washing of hands, physical distancing,

     (4)In determining the maximum number of persons to be accommodated at a shelter under regulation (1), a principle objective of the shelter manager shall be to preserve life”.

MADE this 21^st day of August 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE

(This Note is not part of the Regulations)

These Regulations amend the principal Regulations to insert provisions for the number of persons that may be accommodated at a shelter and permitted at public gathering.

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(Legal Notice 86 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Purpose and application
4. Requirement to wear face mask when in a public place
5. Physical distancing protocols for businesses
6. Physical distancing protocols
7. Closure of cruise ports
8. Power to order quarantine,
9. Screening requirements
10. Duty to provide information
11. Application to Justice of the Peace
12. Authority to apprehend
13. Restriction on visitation
14. Power to stop, detain and arrest
15. Obstruction
16. Publication of false statements
17. Offence
18. Guidelines
19. Enforcement
20. Fixed penalty

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation, commencement and expiry

1. These Regulations may be cited as the Public and Environmental Health (COVID-19 Pandemic) Regulations 2020 and shall come into operation on publication in the Gazette and shall expire on 31 December 2020

Interpretation

2. In these Regulations—

“business” includes an establishment, institution, an office, store or organisation;

“CDC” means the Centers for Disease Control and Prevention; “Chief Medical Officer” has the meaning given in section 2(1) of

the Public and Environmental Health Ordinance;

“child” means a person under the age of eighteen years;

“COVID-19” means the disease known as the novel Coronavirus; “health officer” has the meaning given in section 2(1) of the

Public and Environmental Health Ordinance;

“Ministry” means the Ministry responsible for health;

“public health officer” means a health officer under the Public and Environmental Health Ordinance;

“responsible adult” means, in relation to a child, a person with parental responsibility for the child (within the meaning of the Children (Care and Protection) Ordinance or a person who has custody or charge of the child for the time being.

Purpose and application

3.   (1) These Regulations are made for the purpose of preventing, controlling and suppressing the spread of COVID-19.

           (2) The measures under these Regulations are subject to review and may be varied.

Requirement to wear face mask when in a public place

4. (1) To prevent the spread of COVID-19, every person shall wear a face mask or face covering, covering his nose and mouth, when in a public

Physical distancing protocols for businesses

        5. (1)  Every business shall—         

1. ensure that all customers and staff maintain physical distancing of no less than six feet (6ft.) in or outside their business or establishment;
2. subject to paragraph (a), determine the number of persons that may be permitted in the business at any one time by permitting one person for every thirty square feet of store space;
3. place distance markers six feet (6ft.) apart, indicating where each customer shall stand in a line at a check out point;
4. place distance markers six feet (6ft.) apart on the outside of the business, indicating where customers shall stand while waiting to enter the establishment; and
5. ensure that there is a reduction in numbers of employees within offices at any given

Physical distancing protocols

        6. (1) Any place where members of the public are gathered, shall ensure that persons adhere to physical distancing requirements, where persons are distancing at least six feet (6ft.) from any other person and in accordance with guidelines issued under regulation 18.

Closure of cruise ports

         7. Cruise ports shall remain closed until 31 August 2020 and no cruise ship shall be permitted to enter the Islands until after 31 August 2020, subject to guidance from the Ministry, the CDC and the cruise

Power to order quarantine, etc.

         8. (1) Without prejudice to any other powers conferred by these Regulations, any person who, in the opinion of the Chief Medical Officer or a health officer, has been exposed to the risk of infection by COVID-19, may, at the discretion of the Chief Medical Officer or health officer, be required to remain at home or such other place of quarantine as specified by the Chief Medical Officer or health officer for the purpose of surveillance by the Chief Medical Officer or medical officer for a period of fourteen days.

1. shall furnish to the Chief Medical Officer or health officer all such information as may reasonably be required and shall comply with the orders and instructions of the Chief Medical Officer or health officer; and
2. shall undergo such medical and clinical examinations as the Chief Medical Officer or health officer may require and shall submit himself and his personal effects or other articles to disinfection and other measures as the Chief Medical Officer or health Officer may order.

Screening requirements

         9. (1) For the purposes of these Regulations, the screening and clinical examination requirements, in relation to a person are requirements to the effect that a person shall—

1. answer questions about his health or other relevant circumstances (including travel history and information about other individuals with whom he may have had contact);
2. produce any documents which may assist a medical officer or nurse in assessing his health;
3. at such time as a medical officer or nurse may specify, to allow the medical officer or nurse to take a biological sample of the person, including a sample of his respiratory secretions or blood, by appropriate means including by swabbing his nasopharyngeal cavity, or phlebotomy to provide such a sample; and
4. provide sufficient information to enable the person to be contacted immediately by a medical officer or nurse during such period as a medical officer or nurse may specify, where the medical officer or nurse considers that such provision of information is necessary in order to reduce or remove the risk of the person infecting or contaminating others.

1. ensure that the child answers questions in accordance with subregulation (1)(a);
2. answer the questions if the child is unable to do so or cannot reliably do so;
3. produce any documents, required under subregulation (1)(b), on behalf of the child;
4. allow a medical officer or nurse, to take a biological sample of the child, including a sample of the child’s respiratory secretions or blood, by appropriate means including by swabbing the child’s nasopharyngeal cavity, or phlebotomy to provide such a sample; and
5. provide information where required by a medical officer or nurse under subregulation (1)(d).

Duty to provide information

            10. (1) The Chief Medical Officer may, request any person to provide to the Chief Medical Officer with such information the Chief Medical Officer considers necessary to assess what precautions should be taken to prevent the spread of COVID-19 in the Islands.

                 (2) A person who is requested to provide information to the Chief Medical Officer in accordance with subregulation (1) shall provide the information so requested.

Application to Justice of the Peace

       11. (1) Where a person has failed to comply with an order by the Chief Medical Officer or a health officer made under these Regulations, to take the necessary precautions to prevent the transmission in the Islands of COVID-19, the Chief Medical officer or a health officer may make an application to a Justice of the Peace that the person has failed to comply with the requirements.

            (2) Where the Justice of the Peace is satisfied with the application made under subregulation (1), he may, order that the person who has failed to comply with the requirements—

1. be taken into custody and be placed in quarantine at a designated facility;
2. be examined by a medical practitioner or health officer to ascertain whether or not the person is infected with COVID-19; or
3. be treated for COVID-19, where on examination of such person it is found that he is infected with COVID-19.

Authority to apprehend

       12. (1) An order made under regulation 11 is authority for the Chief Medical Officer or a health officer to direct a police officer to—

1. locate and apprehend the person who is the subject of the order; and
2. deliver the person who is the subject of the order to the place of quarantine named in the order, or to a medical practitioner for examination.

              (2) The police officer shall do all things reasonably able to be done to locate, apprehend and deliver the person to the place of quarantine specified in the

              (3) The police officer who apprehends a person who is the subject of an order pursuant to subregulation (2) shall promptly—

1. inform the person of the reasons for the apprehension and of the person’s right to retain and instruct counsel without delay; and
2. inform the person where the person is being taken

              (4) An order made under regulation 11 is authority to detain the person who is the subject of the order in the place of quarantine named in the order and to care for and examine the person and to treat the person for COVID-19 in accordance with generally accepted medical practice for such period as the Chief Medical Officer or health officer shall

Restriction on visitation

      13. (1) No person shall visit or be permitted to visit—

1. any place of quarantine or isolation station;
2. a patient in a hospital or facility, except a responsible adult in the case of a child; or
3. residential care establishment

Power to stop, detain and arrest

      14. (1) Where an authorised person has reasonable cause to believe that a person is in violation of these Regulations, he may stop, detain, question and arrest such person and confiscate any vehicle being used by that person, if he considers it necessary to do so.

           (2) Any person who assaults, obstructs, hinders or resists or uses any threatening or abusive language or aids or incites any other person to assault, obstruct, hinder or resist any authorised person in the execution of his duty under this regulation, commits an offence.

            (3) The owner or person last having control of a vehicle confiscated under subregulation (1) shall pay the cost in respect of towing away of the vehicle or storage of the vehicle.

           (4) For the purposes of this regulation, an “authorised person” means—

1. any member of the Royal Turks and Caicos Islands Police Force, any other law enforcement officer, or a prison officer; or
2. any person authorised by the Governor to do the act in relation to which the expression is used.

Obstruction

      15. No person shall obstruct the Chief Medical officer, any health officer, public officer, police officer, any other law enforcement officer, or any prison officer, acting in the course of his duty as such, or any person exercising any powers or performing any duties conferred or imposed on him by or under any of these Regulations, or otherwise discharging any lawful functions in connection with the performance of any statutory purpose.

Publication of false statements

      16. No person shall publish or cause to be published, posted or re-posted, over any media platform inclusive of social media, any purported news or report, or purported statement of fact, knowing or have reasonable cause to suspect that the same—

1. is untrue or false; or
2. may incite public fear, panic or ethnic hatred.

Offence

      17. Any person who contravenes these Regulations commits an offence and is liable on summary conviction to a fine of five thousand dollars or to a term of imprisonment for six months, or to both.

Guidelines

      18. (1) A relevant public authority may issue guidelines to supplement or provide for further clarification of these Regulations.

             (3) Any guidelines issued by a relevant public authority and in force immediately prior to the commencement of these Regulations shall, so far as they are not inconsistent with these Regulations, continue to be in force as if made under these Regulations.

Enforcement

      19. (1)  A public health officer, a police officer or an officer of the relevant government department may visit any business, premises or public place to ensure compliance with the provisions of these Regulations and any guidelines issued under regulation 18(1).

1. order the immediate closure of a business or premises or part of the business or premises; or
2. order the dispersal of persons at that business or premises or at any public place.

Fixed penalty

      20. (1) Where an offence appears to have been committed contrary to regulation 4(1) or (2), a police officer may issue to the person a ticket, in the form set out in the Schedule 1 and, if the person desires to plead guilty to the offence alleged, he may produce such ticket to the Clerk to the Magistrate’s Court at the place, and on or before the date and time therein specified, not being more than twenty-eight days from the date or receipt of the said ticket, and may pay the fine prescribed in Schedule 2 into court.

           (2) If the person desires to plead not guilty to the offence alleged or to request the court to mitigate the fine, the said ticket shall operate as a summons to the person to appear before the court at the date and time therein specified so that, in default of payment of the fine or so making appearance before the court, the person shall be treated as if the fine had been imposed after conviction.

          (3) Where a person is issued a ticket under subregulation (1) in respect of an offence—

1. no proceedings may be instituted for that offence before the expiration of twenty-eight days following the date of the ticket; and
2. he may not be convicted of that offence id he pays the fine before the expiration of that period.

(4) In any proceedings, a certificate that payment of the fine was or was not made to the Clerk to the Magistrate’s Court by the date specified in the certificate shall, if the certificate purports to be signed by the Clerk to the Magistrate, be admissible as evidence of the stated facts.”.

Name:...............................................................................................

Date of birth: ……………………………………..

Address:...........................................................................................

Phone:………………..(work)................................................... (home)

Work address:..........................................................................................

You     are     summoned     to     appear     in     the     Magistrate’s     Court    at

……….………………(place)   at ………………. a.m., on the................ day of

....................................., 20…………. or you can produce this ticket to the  Clerk of Court at any time during office hours not later than twenty-eight days beginning with the day after the date of this ticket and pay the Clerk of Court the  sum of $             in  respect of  the offence committed  by you: at

....................................on     the     ..............day     of........................................... ,

20……………. .

Offence:                                                             Fine:

Offence:                                                             Fine:

Failure to comply with either of the above requirements will render you liable to be arrested and brought before the Court.

Date of issue:…………Time:................. am/pm

Reporting         Officer’s         Signature         (and         rank         and         no):

..............................................................

Original to alleged offender

First copy to court

Second copy to prosecutor

Third copy to police

MADE this 21^st day of August 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE

(This Note is not part of the Regulations)

These Regulations put in place certain measures considered necessary to prevent, control and control the spread of COVID- 19 (Coronavirus) in the Islands.

click here for PDF format

(Legal Notice 84 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Regulation 12 substituted
4. Regulation 19 amended

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation, commencement and expiry

1. These Regulations may be cited as the Public and Environmental Health (COVID-19)(Arriving Passengers Health Clearance)(Amendment)(No. 3) Regulations 2020 and shall come into operation on publication in the Gazette..

Interpretation

2. In these Regulations “principal Regulations” means the Public and Environmental Health (COVID-19)(Arriving Passengers Health Clearance) Regulations

Regulation 12substituted

3. The principal Regulations are amended by deleting regulation 12 and substituting the following—

“Quarantine for persons arriving without proper documentation, etc.

12. (1) A person who arrives in the Islands without the TCI Assured Travel Authorisation shall, if the person is a visitor and no outbound flight is immediately available for the person to be repatriated, be placed under quarantine in a specified place, at the expense of the airline, until that person can be
    • The expenses referred to in subregulation (1) shall include, expenses for providing security and ensuring that such persons do not breach quarantine, providing meals and transportation to and from the
    • A person who arrives in the Islands with a TCI Assured Travel Authorisation which is found to have been issued

in error, because the PCR COVID-19 test result submitted does not satisfy the requirements of these Regulations, shall—

• be placed under quarantine in a specified place for a period of fourteen days; and
• be required to undergo a PCR COVID-19 test, at expense of the Government, at the end of the quarantine period, and shall be released from quarantine only if he receives a negative PCR COVID-19 test
  • A person who arrives in the Islands who is suspected of having been exposed to, or having symptoms of, or has tested positive for COVID-19 shall be placed under quarantine in a specified place for a period of fourteen days or such longer period until that person is found to have a negative PCR COVID-19 result or unless approved for medical repatriation, and shall be monitored by a health officer for COVID-19 during such
  • Where a parent or responsible adult having charge of a child under the age of ten years is required to be placed under quarantine under these Regulations, the child shall also be required to be placed under quarantine together with the parent or responsible ”.

Regulation 19 amended

4. Regulation 19 of the principal Regulations is amended by deleting paragraph (a) and submitting the following—

“(aa) knowingly makes a false or misleading  statement or knowingly furnishes false or misleading information or document;”.

MADE this 17^th day of August 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE

(This Note is not part of the Regulations)

These Regulations amend the Public and Environmental Health (COVID-19)(Arriving Passengers Health Clearance) Regulations 2020 to provide further measures in respect of persons arriving in the Islands.

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(Legal Notice 83 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation and commencement
2. Interpretation
3. Regulation 4 amended
4. Regulation 9 amended
5. Regulation 15 amended
6. Regulation 18 inserted
7. Schedules 1 and 2 inserted

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation and commencement

1. These Regulations may be cited as the Public and Environmental Health                    (COVID-19)(Control Measures)(Amendment) Regulations 2020 and shall come into operation on publication in the Gazette.

Interpretation

2. In these Regulations “principal Regulations” means the Public and Environmental Health (COVID-19)(Control Measures) Regulations

Regulation 4 amended

3. Regulation 4(3) of the principal Regulations is amended by inserting after paragraph (n) the following paragraphs—

“(na)      the Department of Disaster Management and Emergencies;

(nb)        security guards;”.

Regulation 9 amended

4. Regulation 9 of the principal Regulations is amended by deleting subregulation (2) and substituting the following—

“(2) For the purposes of subregulation (1), “essential travel” means—

• travel for the purpose of banking, businesses under regulation 4(3)(p), doctor and hospital visits, funeral, international travel or continuing one’s journey to an island of destination upon arrival in the Islands, emergencies and cargo; and
• travel by—
  • Government officials carrying out critical functions on behalf of the government, at the discretion of and with the written approval of the Deputy Governor’s Office;
  • members of the Police, Prison (including prisoners), TCI Regiment or visiting Armed Forces traveling on named duty-linked to law and order or wider National Security matters, including disaster preparedness or management, at the discretion of and with written approval of the Commissioner of Police, Superintendent of Prison or Governor (military/regiment), as the case may be;
  • members of the House of Assembly in order to visit their respective constituencies;
  • Magistrates and Judges to preside or sit in Court;
  • Attorneys to attend Court or visit a client, if necessary;
  • construction workers for construction project work, with the written approval of the Permanent Secretary, Infrastructure following approval of the Chief Medical Officer provided that they put in place such measures as may be approved by the ”.

Regulation 15 amended

5. Regulation 15 of the principal Regulations is amended by deleting the words “one thousand dollars” and substituting “two thousand dollars”.

Regulation 18 inserted

6. The principal Regulations are amended by inserting after regulation 17 the following regulation—

“Fixed penalty

18. (1) Where an offence appears to have been committed contrary to—
    • regulation 4(1) and (2);
    • regulation 5(1);
    • regulation 6;

• regulation 7; or
• regulation 11,

a police officer may issue to the person a ticket, in the form set out in the Schedule 1 and, if the person desires to plead guilty to the offence alleged, he may produce such ticket to the Clerk to the Magistrate’s Court at the place, and on or before the date and time therein specified, not being more than twenty-eight days from the date or receipt of the said ticket, and may pay the fine prescribed in Schedule 2 into court.

• If the person desires to plead not guilty to the offence alleged or to request the court to mitigate the fine, the said ticket shall operate as a summons to the person to appear before the court at the date and time therein specified so that, in default of payment of the fine or so making appearance before the court, the person shall be treated as if the fine had been imposed after conviction.
• Where a person is issued a ticket under subregulation
• in respect of an offence—
  • no proceedings may be instituted for that offence before the expiration of twenty-eight days following the date of the ticket; and
  • he may not be convicted of that offence id he pays the fine before the expiration of that

(4) In any proceedings, a certificate that payment of the fine was or was not made to the Clerk to the Magistrate’s Court by the date specified in the certificate shall, if the certificate purports to be signed by the Clerk to the Magistrate’s Court, be admissible as evidence of the stated facts.”.

Schedules 1 and 2 inserted

7. The principal Regulations are amended by inserting after regulation 18 the following Schedules—

MADE this 17^th day of August 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE

(This Note is not part of the Regulations)

These Regulations amend the principal Regulations—

• to include officers of the Department of Disaster Management and Emergencies as essential workers;
• to include travel—
  • for the purpose of continuing to one’s destination upon arrival in the Islands;
  • by the Prison staff/prisoners, the Police, and others who travel as part of their official duties,

as essential travel;

• to provide for the imposition of a fine of $2,000 for contravention of the Regulations;
• to provide for the imposition of a fixed penalty for breached of the

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(Legal Notice 82 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Purpose and application
4. Curfew: Providenciales, North Caicos and Parrot Cay
5. Religious places of worship
6. Funeral services and burial grounds
7. Restriction on social activities
8. Logbook
9. Restriction on domestic travel
10. Screening for domestic travel pursuant to Regulation 9
11. Public beaches
12. Power to stop, detain and arrest
13. Obstruction
14. Forfeiture upon conviction
15. Offence
16. Guidelines
17. Enforcement

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation, commencement and expiry

1. These Regulations may be cited as the Public and Environmental Health (COVID-19)(Control Measures) Regulations 2020 and shall come into operation on 10 August 2020 and shall expire at 5:00 a.m. on 11 October 2020.

Interpretation

2. In these Regulations—

“COVID-19” means the disease known as the novel Coronavirus.

Purpose and application

3.   (1) These Regulations are made for the purpose of preventing, controlling and suppressing the spread of COVID-19.
     (2) Except where specifically specified, these Regulations apply to all the
     (3) The measures under these Regulations are subject to review and may be varied.

Curfew: Providenciales, North Caicos and Parrot Cay

4. (1) A curfew is imposed—

1. on the island of Providenciales, from 10:00 p.m. to 5:00 am. every night starting from 10 August 2020 until 5:00 a.m. on 31 August 2020; and
2. on the islands of North Caicos and Parrot Cay, from 8:00 p.m. to 5:00 am. every night starting from 10 August 2020 until 5:00 a.m. on 31 August 2020.
   
   (2) Every person on the islands of Providenciales, North Caicos and Parrot Cay shall, during the curfew period under subregulation (1), remain confined to his place of residence (inclusive of the yard space) to avoid contact outside of their family, except—
   1. for essential travel to and from the doctor or hospital;
   2. an attorney, for travel to and from a police station;
   3. essential workers, who are directed to report to work by the person in charge of the

           (3) For the purposes of this regulation, an “essential worker” includes essential officers of—

1. the Royal Turks and Caicos Islands Police Force and 911 Centre;
2. the Fire Services;
3. Her Majesty’s Prisons;
4. the Environmental Health Department;
5. the Department of Immigration;
6. the Customs Department;
7. the Airports Authority;
8. the Civil Aviation Authority;
9. the Ports Authority;
10. waste disposal and sanitation companies;
11. the Emergency Medical Services Department;
12. the Department of Public Health;
13. the Department of Social Development;
14. the Department of Gender Affairs;
15. any hospital, health care or medical facility; and
16. any water, electricity, telecommunications (including internet services) or other sector encompassing the provision of electronic communications including print and electronic media.

          (4) All essential workers shall at all times carry personal identification.

          (5) A person who is exempted under subregulation (2) shall use the most direct routes of travel from his home to his place of work, or such other places mentioned in paragraph (a) of that subregulation, and back to his home directly without making detours.

Religious places of worship

        5. (1) From 10 August 2020 to 5:00 a.m. on 11 October 2020, no more than a maximum number of twenty-five persons shall be allowed to be inside a religious place of worship at any given
            (2) A religious place of worship may have more than one service per day, if necessary, in order to facilitate physical distancing.
            (3) A religious place of worship may provide for a service outdoors or through drive-in-option within its premises, but persons shall remain in their vehicles during the conduct of the service.

Funeral services and burial grounds

        6. From 10 August 2020 to 5:00 a.m. on 11 October 2020, a maximum number of twenty-five persons may be permitted to attend a funeral service and at least one officiant and essential mortuary staff, which shall be approved by the Chief Medical Officer:

Provided that such funeral services shall be held outdoors.

Restriction on social activities

         7. From 10 August 2020 to 5:00 a.m. on 31 August 2020—

1. no person shall host or attend any social activity of any description, including a wedding, of a gathering of more than ten persons on the islands of Providenciales, North Caicos and Parrot Cay;
2. no person shall host or attend any social activity of any description, including a wedding, of a gathering of more than twenty-five persons on any of the other islands

Logbook

         8. A log book of attendees shall be kept and maintained for any gathering of a church, funeral or wedding permitted under regulations 5, 6 and 7 to facilitate contact tracing.

Restriction on domestic travel

         9. (1) From 10 August 2020 to 5:00 a.m. on 31 August 2020, no person shall offer for hire or seek to travel on any interisland private or commercial air or sea transport that is non-essential, provided that an airline or a boat shall reduce the number of persons traveling on interisland transportation to permit physical distancing.

            (2) For the purposes of subregulation (1), travel for the purpose of banking, businesses under regulation 4(3)(p), doctor and hospital visits, funeral, travel for international travel, emergencies and cargo shall be considered as essential

            (3) A member of the House of Assembly may travel from another island, to attend a meeting of the House of Assembly in the island of Grand Turk.

Screening for domestic travel pursuant to Regulation 9

            10. (1) From 10 August 2020 to 5:00 a.m. on 31 August 2020, the Airports Authority and the Ports Authority shall, in accordance with protocols issued by the Ministry of Health, implement and conduct temperature checks on every person before the person boards an aircraft or boat for interisland travel

                 (2) From 10 August 2020 to 5:00 a.m. on 31 August 2020, the operator of a private boat who intends to travel interisland shall, prior to travel to and from any island, by boat notify and register with the Department of Environment and Coastal Resources. The Department of Environmental and Coastal Resources shall conduct a temperature check on the operator.

                 (3) Every person travelling interisland shall be subjected to a temperature check—

1. at the airport, if the person is travelling by aircraft; or
2. at the sea port, if the person is travelling by boat

                 (4) A person who intends to travel interisland shall before undertaking such travel apply to the Ministry of Health for travel authorisation by completing the Interisland Travel Authorisation Form set out on the Ministry of Health website and subject himself to a temperature check prior to his travel

                 (5) Every person travelling interisland shall adhere to all health protocols relevant for domestic travel.

Public beaches

       11. For the purpose of preventing the spread of the virus through social gatherings, all public beaches shall continue to be opened subject to the following conditions for 10 August 2020 to 5:00 a.m. on 31 August 2020—

1. physical distancing requirements shall be observed;
2. no gathering of more than four adult persons outside the same household;
3. other than commercial vendors who comply with the Ministry of Health protocols, no alcohol should be taken onto or consumed on the beach;
4. no sports shall be allowed on the beach, except individual fitness activities.

Power to stop, detain and arrest

       12. (1) Where an authorised person has reasonable cause to believe that a person is in violation of these Regulations, he may stop, detain, question and arrest such person and confiscate any vehicle being used by that person, if he considers it necessary to do so.

              (2) Any person who assaults, obstructs, hinders or resists or uses any threatening or abusive language or aids or incites any other person to assault, obstruct, hinder or resist any authorised person in the execution of his duty under this regulation, commits an offence.

              (3) The owner or person last having control of a vehicle confiscated under subregulation (1) shall pay the cost in respect of towing away of the vehicle or storage of the vehicle.

              (4) For the purposes of this regulation, an “authorised person” means—

1. any health officer, public officer, member of the Royal Turks and Caicos Islands Police Force, any other law enforcement officer, or a prison officer; or
2. any person authorised by the Governor to do the act in relation to which the expression is used.

Obstruction

      13. No person shall obstruct the Chief Medical Officer, any public health officer, public officer, police officer, any other law enforcement officer, or any prison officer, acting in the course of his duty as such, or any person exercising any powers or performing any duties conferred or imposed on him by or under any of these Regulations, or otherwise discharging any lawful functions in connection with the performance of any statutory purpose.

Forfeiture upon conviction

      14. Upon the conviction of any person for an offence against regulation 4(1), the Court, in addition to any other penalty it may impose may order that any property including any vehicle used in the commission of the offence, be forfeited to the Government.

Offence

      15. Any person who contravenes these Regulations commits an offence and is liable on summary conviction to a fine of one thousand dollars or to a term of imprisonment for three months, or to both.

Guidelines

      16. (1) A relevant public authority may issue guidelines to supplement or provide for further clarification of these Regulations.

           (2) A person, business or enterprise shall comply with any applicable guidelines issued pursuant to subregulation (1).

Enforcement

      17. (1) A public health officer, a police officer or an officer of the relevant government department may visit any business, premises or public place to ensure compliance with the provisions of these Regulations and any guidelines issued under regulation 16(1).

1. order the immediate closure of a business or premises or part of the business or premises; or
2. order the dispersal of persons at that business or premises or at any public place.

MADE this 7^th day of August 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE

(This Note is not part of the Regulations)

These Regulations put in place certain measures considered necessary to prevent, control and control the spread of COVID- 19 (Coronavirus) in the Islands.

click here for PDF format

(Legal Notice 75 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Purpose and application
4. Pre-departure requirements
5. Pre-departure COVID-19 test
6. Health insurance policy
7. Carrier’s liability for persons without proper documentations
8. Exemptions
9. Wearing of face mask
10. Screening on arrival
11. Screening requirements
12. Quarantine
13. Cost of treatment
14. Children
15. Duty to provide information
16. Application to Justice of the Peace
17. Authority to apprehend
18. Passenger information
19. Offence
20. Guidelines
21. Application of statutory requirements
22. Revocation

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation, commencement and expiry

1. These Regulations may be cited as the Public and Environmental Health (COVID-19)(Arriving Passengers Health Clearance) Regulations 2020 and shall come into operation on 22 July 2020 and shall expire at the end of two years from the date of commencement

Interpretation

2. In these Regulations—

“child” means a person under the age of eighteen years;

“COVID-19” means the disease known as the novel Coronavirus;

“National Health Insurance Plan” means the National Health Insurance Plan established under section 3 of the National Health Insurance Ordinance;

“passenger” means any person arriving in the Islands in any ship or aircraft other than as a member of the crew;

“PCR COVID-19 test” means a polymerase chain reaction test for the qualitative detection of nucleic acid from SARS- CoV-2;

“port of entry” means an airport or seaport; “quarantine” means—

• staying in a place of quarantine as the Chief Medical Officer may determine, which may be—
  • the house or accommodation in Islands at which the person to be quarantined resides; or
  • a place designated by the Chief Medical Officer as a place of quarantine; and

• complying during the period of quarantine with such health measures as the Chief Medical Officer may specify as necessary to limit or prevent the spread of COVID-19.

“resident” means a person who has legal and ordinary residence in the Islands in accordance with the Immigration Ordinance;

“responsible adult” means, in relation to a child, a person with parental responsibility for the child (within the meaning of the Children (Care and Protection) Ordinance or a person who has custody or charge of the child for the time being;

“TCI Assured Travel Authorisation” means an authorisation given to a person once that person has registered on the TCI Assured Travel Authorisation registration portal and have completed the required forms and actions;

“Travel Authorisation Form” means the form located on the Turks and Caicos Islands Tourist Board website that a person who intends to travel to the Islands is required to complete;

“Turks and Caicos Islands Tourist Board website” means the Turks and Caicos Islands Tourist Board uniform resource locator or internet address located at https://travelauthorisation.turksandcaicostourism.com/public/;

“visitor” has the meaning assigned to it in the Immigration Ordinance.

Purpose and application

3. (1) These Regulations are made for the purpose of reducing the risk of COVID-19 importation into the Islands and to manage the risk of community transmission on the

• These Regulations apply to all persons travelling into the Islands, including
• The measures under these Regulations are subject to review and may be varied.

Pre-departure requirements

4. (1) Every person intending to travel to the Islands shall seventy-two hours prior to departing for the Islands—
   • apply for travel authorisation by completing the Travel Authorisation Form set out on the Turks and Caicos Islands Tourist Board website by providing personal details including but not limited to—

• contact information, including name, address, date of birth, nationality;
• passport number;
• type of transport;
• flight information, including date of travel, date of departure, airline, flight number;
• intended address(es) throughout their stay in the Islands;
• details of travel within the fourteen days before arrival in the Islands;
• declaration of health, including disclosure of symptoms, previous COVID-19 positive test results and close contact with known infected individuals;
• upload approved documentary evidence of a negative Polymerase Chain Reaction (PCR COVID-19) test from an accredited laboratory, as provided in regulation 5 undertaken no more than five days prior to travel to the Islands; and
• upload proof of health or travel insurance cover, as provided in regulation 6; and
• obtain a TCI Assured Travel Authorisation
• Every person arriving in the Islands shall produce a copy of his TCI Assured Travel Authorisation (printed or electronic) and the original copy of the negative PCR COVID-19 test result to an immigration officer and a health officer at the port of entry
• Every person arriving in the Islands shall complete and submit to a health officer at the port of entry, a health screening questionnaire for COVID-19.
• A visitor who fails to produce a TCI Assured Travel Authorisation may be refused leave to enter the Islands by an immigration
• A visitor or resident who fails to produce the TCI Assured Travel Authorisation as required under subregulation (2), shall be subject to a fine of $3,000 by the Director of Immigration.
• The fine under subregulation (5) shall be payable to the Government.

Pre-departure COVID-19 test

5. (1) The negative PCR COVID-19 result obtained for purposes of regulation 4(1)(b) shall be set out on the official documentation of the laboratory that conducted the COVID-19 test, which documentation shall state—
   • the name, address, telephone number and email address of the laboratory at which the PCR COVID-19 test was conducted;
   • the date the PCR COVID-19 test was conducted;
   • the full names, date of birth and address of the person tested for PCR COVID-19;
   • the results of the PCR COVID-19 test conducted in relation to that person

(2) Where a person has a negative PCR COVID-19 result as required in regulation 4(1)(b), the person shall carry the test results with him when travelling to the Islands and shall give the test results to a health officer.

Health insurance policy

6. Every visitor and every resident who is not a beneficiary under the National Health Insurance Plan who intends to travel to the Islands shall be required, at the time he is submitting the Travel Authorisation Form as provided under regulation 4(1)(c), to also provide evidence of the person’s health insurance policy that includes insurance coverage for—
   • COVID-19 medical costs; and
   • full hospitalisation, doctors’ visits, prescriptions and air ambulance.

Carrier’s liability for persons without proper documents

7. (1) It shall be the duty of the owner of the ship or aircraft in or from which a person disembarks, to satisfy himself that such person is in possession of a TCI Assured Travel Authorisation to travel to the

(2) The Director of Immigration shall fine the owner of  the ship or aircraft, in respect of the person under subregulation

• who fails to produce the TCI Assured Travel Authorisation, the sum of $3,000.
  • The fine under subregulation (2) shall be payable to the
  • A fine shall not be payable in respect of a person who is shown by the owner of the ship or aircraft to have produced the required document or documents to the owner or his employee or agent when embarking on the ship or aircraft for the voyage or flight to the Islands.

Exemption

8. (1) The following persons are exempt from the requirement under regulation 4(1)(b) to submit approved documentary evidence of a negative PCR COVID-19 test—
   • a crew member of a cargo or commercial aircraft arriving in the Islands for the purposes of his work who is expected to be on the Islands for less than twenty-four hours;
   • a crew member of a cargo ship arriving in the Islands for the purposes of his work who is expected to be on the Islands for less than twenty- four hours;
   • children under the age of ten years;
   • an aircraft operating for the purpose of giving medical attention, delivering medical supplies to the Islands, or airlifting a patient to or from the Islands, which crew shall be taken to include any medical personnel on the flight;
   • a person offering to provide emergency aid in times of crisis;
   • a person who has written permission of the Chief Medical Officer to enter the islands; and
   • a person who disembarks from an aircraft at an airport, in-transit to or for purposes of connecting to a flight to a destination outside the Islands:

Provided that such persons shall be subject to screening, temperature checks and clinical examination on arrival in the Islands.

(2) A person to whom this regulation applies shall comply with public health supervision requirements as stipulated by the Chief Medical Officer.

Wearing of face mask

9. Every person, except for a child under the age of two years, shall wear a face mask or face covering, covering his nose and mouth, when disembarking and when inside the terminal.

Screening on arrival

10. (1) Every person arriving in the Islands shall be subject to screening and temperature check, which may result in further clinical examination.

(2) Every person arriving in the Islands shall adhere to all protocols relevant to the port of entry.

Screening requirements

11. (1) For the purposes of these Regulations, the screening and clinical examination requirements, in relation to a person are requirements to the effect that a person shall—
    • answer questions about his health or other relevant circumstances (including travel history and information about other individuals with whom he may have had contact);
    • produce any documents which may assist a health officer or nurse in assessing his health;
    • at such time as a health officer or nurse may specify, to allow the health officer or nurse to take a biological sample of the person, including a sample of his respiratory secretions or blood, by appropriate means including by swabbing his nasopharyngeal cavity, or phlebotomy to provide such a sample; and
    • provide sufficient information to enable the person to be contacted immediately by a health officer or nurse during such period as a health officer or nurse may specify, where the health officer or nurse considers that such provision of information is necessary in order to reduce or remove the risk of the person infecting or contaminating others.

• Where the person is a child and is accompanied by a responsible adult, the responsible adult shall—
  • ensure that the child answers questions in accordance with subregulation (1)(a);
  • answer the questions if the child is unable to do so or cannot reliably do so;
  • produce any documents, required under subregulation (1)(b), on behalf of the child;
  • allow a health officer or nurse, to take a biological sample of the child, including a sample of the child’s respiratory secretions or blood, by appropriate means including by swabbing the child’s nasopharyngeal cavity, or phlebotomy to provide such a sample; and
• provide information where required by a health officer or nurse under subregulation (1)(d).

Quarantine

12. (1) A person suspected of having been exposed to, or having symptoms of, or tested positive for COVID-19 shall be placed under quarantine in a specified place for a period of fourteen days or such longer period until that person is found to have a negative PCR COVID-19 result or unless approved for medical repatriation, and shall be monitored by a health officer for COVID-19 during such period.

(2) Where a parent or responsible adult having charge of a child under the age of ten years is required to be placed under quarantine under these Regulations, the child shall also be required to be placed under quarantine together with the parent or responsible adult.

Cost of treatment

13. A visitor or a resident referred to in regulation 6(2) who is made subject to quarantine or hospitalisation shall bear the costs of all treatment received and the costs for accommodation and board.

Children

14. A responsible adult who has responsibility for child shall, so far as reasonably practicable, secure that the child complies with any direction, instruction, requirement or restriction given to or imposed on the child under these Regulations.

Duty to provide information

15. (1) The Chief Medical Officer may, request any person to provide the Chief Medical Officer with such information the Chief Medical Officer considers necessary to assess what precautions should be taken to prevent the spread of Covid-19 in the Islands.

(2) A person who is requested to provide information to the Chief Medical Officer in accordance with subregulation (1) shall provide the information so requested.

Application to Justice of the Peace

16. (1) Where a person has failed to comply with an order by the Chief Medical Officer or a health officer made under these Regulations, to take the necessary precautions to prevent the transmission in the Islands of COVID-19, the Chief Medical officer or a health officer may make an application to a Justice of the Peace that the person has failed to comply with the requirements.

• Where the Justice of the Peace is satisfied with the application made under subregulation (1), he may, order that the person who has failed to comply with the requirements—
  • be taken into custody and be placed in quarantine at a designated place;
  • be examined by a medical practitioner or health officer to ascertain whether or not the person is infected with COVID-19; or
  • be treated for COVID-19, where on examination of such person it is found that he is infected with COVID-19.

Authority to apprehend

17. (1) An order made under regulation 16 is authority for the Chief Medical Officer or a health officer to direct a police officer to—
    • locate and apprehend the person who is the subject of the order; and
    • deliver the person who is the subject of the order to the place of quarantine named in the order, or to a medical practitioner for

• The police officer shall do all things reasonably able to be done to locate, apprehend and deliver the person to the place of quarantine specified in the
• The police officer who apprehends a person who is the subject of an order pursuant to subregulation (2) shall promptly—
  • inform the person of the reasons for the apprehension and of the person’s right to retain and instruct counsel without delay; and
  • inform the person where the person is being
• An order made under regulation 16 is authority to detain the person who is the subject of the order in the place of quarantine named in the order and to care for and examine the person and to treat the person for COVID-19 in accordance with generally accepted medical practice for such period as the Chief Medical Officer or health officer shall determine.

Passenger information

18. Passenger information collected under these Regulations for entry screening purposes shall be used and disclosed in accordance with the privacy policy published on the TCI Assured Travel Authorisation portal.

Offence

19. Any person who—
    • gives false information when completing the Travel Authorisation Form under regulation 4; or
    • otherwise contravenes the provisions of these Regulations,

commits an offence and is liable on summary conviction to a fine of five thousand dollars or to a term of imprisonment for three months, or to both.

Guidelines

20. A relevant public authority may issue guidelines to supplement or provide for further clarification of these Regulations.

Application of statutory requirements

21. Every person while in the Islands shall comply with applicable requirements under—
    • the Public Environmental Health Ordinance; and
    • the Emergency    Powers    (COVID-19)(No.    5) Regulations

Revocation

22. The Public      and      Environmental      Health(Control Measures)(COVID-19) Regulations 2020 are revoked.

MADE this 10^th day of July 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE
(This Note is not part of the Regulations)

These Regulations put in place certain measures considered necessary for persons travelling to the Islands to manage and control the spread of COVID-19 (Coronavirus).

click here for PDF format

(Legal Notice 74 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Purpose and application
4. Curfew
5. Delay in reopening of certain businesses
6. Religious places of worship
7. Funeral services and burial grounds
8. Social activities, sports and training
9. Restriction on domestic travel
10. Public beaches
11. Power to stop, detain and arrest
12. Obstruction
13. Forfeiture upon conviction
14. Offence
15. Guidelines
16. Enforcement
17. Revocation

MADE by the Governor under section 62(1) of the Public and Environmental Health Ordinance for giving effect to any recommendations made by the of Public and Environmental Health Board.

Citation, commencement and expiry

1. These Regulations may be cited as the Public and Environmental Health (Control Measures)(COVID- 19)(Providenciales)(No. 2) Regulations 2020 and shall come into operation on 9 July 2020 and shall expire at 5:00 a.m. on 20 July 2020.

Interpretation

2. In these Regulations—

“adult” means a person over the age of eighteen years; “COVID-19”            means                        the         disease           known   as   the    novel Coronavirus.

Purpose and application

3. (1) These Regulations are made for the purpose of preventing, controlling and suppressing the spread of COVID-19.
   • These Regulations     apply     to     the     Island     of
   • The measures under these Regulations are subject to review and may be

Curfew

4. (1) A curfew is imposed on the Island of Providenciales from 8:00 p.m. to 5:00 a.m. every night starting from 9 July 2020 until 5:00 a.m. on 20 July
   • Every person on the Island of Providenciales shall, during the curfew period under subregulation (1), remain confined to his place of residence (inclusive of the yard space) to avoid contact outside of their family, except—

• for essential travel to and from the doctor or hospital;
• an attorney, for travel to and from a police station;
• essential workers, who are directed to report to work by the person in charge of the
  • For the purposes of this regulation, an “essential worker” includes essential officers of—
    • the Royal Turks and Caicos Islands Police Force and 911 Centre;
    • the Fire Services;
    • Her Majesty’s Prisons;
    • the Environmental Health Department;
    • the Department of Immigration;
    • the Customs Department;
    • the Airports Authority;
    • the Civil Aviation Authority;
    • the Ports Authority;
    • waste disposal and sanitation companies;
    • the Emergency Medical Services Department;
    • Public Health;
    • any hospital, health care or medical facility; and
    • any water, electricity, telecommunications (including internet services) or other sector encompassing the provision of electronic communications including print and electronic media.
  • All essential workers shall at all times carry personal identification.
  • A person who is exempted under subregulation (2) shall use the most direct routes of travel from his home to his place of work, or such other places mentioned in paragraph (a) of that subregulation, and back to his home directly without making detours.
  • All businesses shall close at 6:00 p.m.

Delay in reopening of certain businesses

5. (1) Notwithstanding regulation 10(3) of the Emergency Powers (COVID-19)(No. 5) Regulations, the businesses specified as falling within that provision which were scheduled to reopen on 6 July 2020 pursuant to that provision, shall remain closed until 20 July 2020 at 5:00 m.
   • The businesses referred to in subregulation (1) include—
     • hotels;
     • dine in restaurants;
     • casinos, bars and discotheques; and
     • gyms, spas and fitness

Religious places of worship

6. Notwithstanding regulation 20(5) of the Emergency Powers (COVID-19)(No. 5) Regulations 2020, from 9 July 2020 until 20 July 2020, no more than a maximum number of ten persons shall be allowed to be inside a religious place of worship at any given time.

Funeral services and burial grounds

7. Notwithstanding regulation 21(3) of the Emergency Powers (COVID-19)(No. 5) Regulations 2020, from 9 July 2020 until 20 July 2020, a maximum number of ten persons of the immediate family may be permitted to attend a funeral service and at least one officiant and essential mortuary staff, which shall be approved by the Chief Medical Officer.

Social activities, sports and training

8. (1) Notwithstanding regulation 22(3) of the Emergency Powers (COVID-19)(No. 5) Regulations 2020, from 9 July 2020 until 20 July 2020—

• the maximum number of persons that may be permitted to attend weddings shall be ten persons;
• no person shall host any social gathering of any description which includes any person from outside of the same household;
• outdoor summer camps shall be limited to ten persons;
• indoor summer camps must have the permission of the Chief Medical Officer; and
• boating activities shall be limited to four adults living in the same

(2) Notwithstanding regulation 22(4) of the Emergency Powers (COVID-19)(No. 5) Regulations 2020, sporting events and contact sports shall resume on 20 July 2020.

Restriction on domestic travel

9. (1) Notwithstanding regulation 24(4) of the Emergency Powers (COVID-19)(No. 5) Regulations 2020, a person desirous of returning to his home in Providenciales may travel from any of the other islands into Providenciales, however, from 9 July 2020 until 20 July 2020, except for essential travel, no person shall be allowed to travel from Providenciales to any of the other

• Notwithstanding regulation 24(6) of the Emergency Powers (COVID-19)(No. 5) Regulations 2020, commencing 20 July 2020, a person who is desirous of returning from Providenciales to an island he ordinarily resides on may travel from Providenciales to his home:

Provided that an airline shall maintain a travel log and reduce the number of persons to permit physical distancing.

• For the purposes of subregulation (1), travel for the purpose of banking, doctor and hospital visits, funeral, construction work, emergencies and cargo shall be considered as essential travel.

Public beaches

10. Notwithstanding regulation 25(3) of the Emergency Powers (COVID-19)(No. 5) Regulations 2020, from 9 July 2020 until 20 July 2020, no gathering of more than four adults outside the same household shall be permitted at a beach.

Power to stop, detain and arrest

11. (1) Where an authorised person has reasonable cause to believe that a person is in violation of these Regulations, he may stop, detain, question and arrest such person and confiscate any vehicle being used by that person, if he considers it necessary to do so.

• Any person who assaults, obstructs, hinders or resists or uses any threatening or abusive language or aids or incites any other person to assault, obstruct, hinder or resist any authorised person in the execution of his duty under this regulation, commits an offence.
• The owner or person last having control of a vehicle confiscated under subregulation (1) shall pay the cost in respect of towing away of the vehicle or storage of the
• For the purposes of this regulation, an “authorised person” means—
  • any member of the Royal Turks and Caicos Islands Police Force, any other law enforcement officer, or a prison officer; or
  • any person authorised by the Governor to do the act in relation to which the expression is used.

Obstruction

12. No person shall obstruct the Chief Medical officer, any health officer, public officer, police officer, any other law enforcement officer, or any prison officer, acting in the course of his duty as such, or any person exercising any powers or performing any duties conferred or imposed on him by or under any of these Regulations, or otherwise discharging any lawful functions in connection with the performance of any statutory purpose.

Forfeiture upon conviction

13. Upon the conviction of any person for an offence against regulation 4(1), the Court, in addition to any other penalty it may impose may order that any property including any vehicle used in the commission of the offence, be forfeited to the Goverment.

Offence

14. Any person who contravenes these Regulations commits an offence and is liable on summary conviction to a fine of one thousand dollars or to a term of imprisonment for three months, or to both.

Guidelines

15. (1) A relevant public authority may issue guidelines to supplement or provide for further clarification of these Regulations.

(2) A person, business or enterprise shall comply with any applicable guidelines issued pursuant to subregulation (1).

Enforcement

16. (1) A public health officer, a police officer or an officer of the relevant government department may visit any business, premises or public place to ensure compliance with the provisions of these Regulations and any guidelines issued under regulation 15(1).

• A public health officer, police officer or an officer of the relevant government department may, for failure to comply with the provisions of these Regulations or any guidelines issued pursuant to regulation 15(1)—
  • order the immediate closure of a business or premises or part of the business or premises; or
  • order the dispersal of persons at that business or premises or at any public place.

Revocation

17. The Public and Environmental Health (Control Measures)(COVID-19)(Providenciales) Regulations 2020 are revoked.

MADE this 8^th day of July 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE
(This Note is not part of the Regulations)

These Regulations extend the measures put in place on the Island of Providenciales to prevent and control the spread of COVID-19 (Coronavirus) in the TCI. The measures are extended to 5:00 a.m. on 20 July 2020. All businesses are required to be closed at 6:00 p.m.

click here for PDF format

(Legal Notice 56 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Purpose and application
4. Curfew
5. Wearing of face mask
6. Work remotely from home
7. Public sector
8. Closures of businesses and exceptions
9. Continued opening of businesses
10. Phased opening of businesses
11. Physical distancing protocols for businesses
12. Closure of airports and sea ports
13. Return to Islands
14. Power to order self-isolation,
15. Screening requirements
16. Duty to provide information
17. Application to Justice of the Peace
18. Authority to apprehend
19. Physical distancing protocols
20. Education and religious instruction
21. Funeral Services and burial grounds
22. Social activities, sports and training
23. Logbook
24. Restriction on domestic travel
25. Public beaches
26. Restriction on visitation
27. Power to requisition any building, ship or aircraft,
28. Power to requisition essential services
29. Power to stop, detain and arrest
30. Obstruction
31. Price gouging
32. Forfeiture upon conviction
33. Governor’s power to grant or limit exception
34. Publication of false statements
35. Offence
36. Guidelines
37. Enforcement
38. Revocation

    SCHEDULE -Expiration Dates

MADE by the Governor under section 4(1) of the Emergency Powers Ordinance and article 6(1) of the Emergency Powers (Overseas Territories) Order 2017 (S.I. 2017 No. 181), and acting on the advice of the Cabinet.

Citation, commencement and expiry

1. (1) These Regulations may be cited as the Emergency Powers (COVID-19)(No. 5) Regulations 2020 and shall come into operation at 6:01 a.m. on 1 June 2020 and shall, except in accordance with subregulation (2), expire at 5.00 a.m. on 22 June 2020.

(2) Regulations shall expire on such dates as are specified in the Schedule.

Interpretation

2. In these Regulations—

“aircraft” includes any aeroplane or helicopter or other means of airborne navigation by means of which a person can travel within the Islands or across international borders;

“airport” means an area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft, and which is designated an airport under the Airports Authority Ordinance;

“business” includes an establishment, institution, an office, store or organisation;

“British Overseas Territories Citizen” has the meaning assigned to that term in section 2(1) of the Immigration Ordinance;

“CDC” means the Centers for Disease Control and Prevention;

“Chief Medical Officer” has the meaning given in section 2(1) of the Public and Environmental Health Ordinance;

“child” means a person under the age of eighteen years;

“Covid-19” means the disease known as novel Coronavirus (2019-n CoV);

“health officer” has the meaning given in section 2(1) of the Public and Environmental Health Ordinance;

“Ministry” means the Ministry responsible for health;

“permanent resident” has the meaning assigned to that term in section 2(1) of the Immigration Ordinance;

“public health officer” means a health officer under the Public and Environmental Health Ordinance;

“Residence Permit” has the meaning assigned to that term under section 2(1) of the Immigration Ordinance;

“responsible adult” means, in relation to a child, a person with parental responsibility for the child (within the meaning of the Children (Care and Protection) Ordinance or a person who has custody or charge of the child for the time being;

“ship” means every description of vessel used in navigation however propelled;

“Turks and Caicos Islander” has the meaning assigned by section 2 of the Turks and Caicos Islander Status Ordinance;

“Work Permit” has the meaning assigned to that term in section 2(1) of the Immigration Ordinance.

Purpose and application

3. (1) These Regulations are made for the purpose of preventing, controlling and suppressing the spread of Covid-19.
   (2) The measures under these Regulations are subject to review and may be

Curfew

4. (1) A curfew is imposed from 10:00 p.m. to 5:00 am. every night starting from 1 June 2020 until 5:00 a.m. on 22 June 2020.

(2) Every person shall, during the curfew period under subregulation (1), remain confined to his place of residence (inclusive of the yard space) to avoid contact outside of their family, except—

• for essential travel to and from the doctor or hospital;
• an attorney, for travel to and from a police station;
• essential workers, who are directed to report to work by the person in charge of the service, provided that an essential worker shall, at all times.

(3) For the purposes of this regulation, an “essential worker” includes essential officers of—

• the Royal Turks and Caicos Islands Police Force and 911 Centre;
• the Fire Services;
• Her Majesty’s Prisons;
• the Environmental Health Department;
• the Department of Immigration;
• the Customs Department;
• the Airports Authority;
• the Civil Aviation Authority;
• the Ports Authority;
• waste disposal and sanitation companies;
• the Emergency Medical Services Department;
• Public Health;
• any hospital, health care or medical facility; and
• any water, electricity, telecommunications (including internet services) or other sector encompassing the provision of electronic communications including print and electronic media.
• All essential workers shall at all times carry personal identification.
• A person who is exempted under subregulation (2) shall use the most direct routes of travel from his home to his place of work, or such other places mentioned in paragraph (a) of that subregulation, and back to his home directly without making detours.

Wearing of face mask

5. To prevent the spread of Covid-19, every person shall wear a face mask or face covering, covering his nose and mouth, when in a public place, until 31 December

Work remotely from home

6 (1) All businesses shall, unless exempted under regulations 8, 9 and 10 and in stages provided under those regulations, continue their business operations by allowing their employees to work remotely from home utilising virtual means, unless those workers are permitted to work under regulations 8, 9 and 10, or are designated as being essential workers under regulation 4.

(2) Where a business is unable to have its employees work remotely from home, that business shall cease its operations.

(3) Notwithstanding subregulation (1), the requirement to work remotely from home does not apply to an attorney who is required to appear before a court or visit a client who is in lawful custody.

Public sector

7. (1) All persons employed within the public service shall continue to work remotely from home, except as may otherwise be directed by the Deputy Governor.

(2) All persons employed within a statutory body or other public body shall continue to work remotely from home, except as may otherwise be directed by the head of the statutory body, in consultation with the governing board of that body.

(3) The directives issued under subregulations (1) and (2) shall ensure that adequate provisions for physical distancing are in place for all employees inclusive of adequate hand washing and hand sanitising facilities for employees and customers, and reduction in numbers of persons within offices.

(4) Every person in an office referenced under subregulations (1) and (2) shall distance themselves from other persons at a minimum of six feet (6ft.) from any other person.

Closure of businesses and exception

8. (1) Other than all businesses which are open, businesses shall continue to suspend operations to the general public, subject to regulation

(2) All businesses shall remain closed to the public on Sunday each week, except—

• doctor’s offices, hospitals or medical facilities;
• hotels where guests are in residence, excluding any casinos, spas, gyms, discotheques, bars and restaurants therein, however such restaurants may only offer room service to guests;
• ferry service for emergency cases;
• commercial aviation;
• airports; and
• security services business

Continued opening of businesses

9. The following businesses may continue to be open from 1 June 2020—
   • doctor’s offices, hospitals or medical facilities;
   • medical supply establishments;
   • hotels (currently with guests), excluding any casinos, spas, gyms, discotheques, bars and restaurants therein, however such restaurants may offer room service;
   • commercial ports and related businesses;
   • airports based on local flights only;
   • security services business;
   • ferry service for emergency cases (but not non- essential travel); and
   • water, electricity, telecommunications (including internet services) or other sector encompassing the provision of electronic communications including print and electronic

Phased opening of businesses

10. (1) The following businesses may continue to be open from 1 June 2020—
    • pharmacies;
    • gas stations and fuel delivery service;
    • commercial aviation;
    • laundromats and wash houses for hygienic purposes;
    • pet food store;
    • courier services;
    • construction companies;
    • tool and contractor’s equipment rental businesses;
    • concrete plants;
    • quarry pits;
    • sand mining businesses;
    • tyre shops;
    • electrical supplies/plumbing supplies/parts supplies businesses;
    • landscaping businesses;
    • concrete testing labs;
    • in-house maintenance shops;
    • millworks and stonework shops;
    • customs clearance brokers and shippers;
    • mobile toilet businesses;
    • cleaning services, not including housecleaning or maid services at private residence;
    • HVAC (heating, ventilation and air-conditioning businesses.;
    • restaurants for take away only;
    • convenience stores;
    • office supplies businesses;
    • auto parts businesses;
    • office-based small businesses (including lawyers offices, architects, survey companies, engineers);
      • (aa) wholesale or retail grocery store, the first two shopping hours to be reserved for seniors, disabled persons and essential workers;
      • (bb) food delivery service; (cc)hardware stores; (dd)banks; and
      • (ee) any water depot facility.

(2) The following businesses may open from 5 June 2020—

• remaining retail businesses;
• real estate and property businesses;
• licensed day care centres and child home care, provided that—
  • they register with the Ministry prior to opening and they are inspected; and
  • they shall adhere to Standard Operating Protocols issued by the Ministry; and

• personal service businesses including barbershops and hair salons, provided that services are offered on appointment only and they adhere to Standard Operating Protocols issued by the

(3) All businesses shall resume operations on 6 July 2020, including—

• hotels;
• dine in restaurants;
• casinos, bars and discotheques; and
• gyms, spas and fitness

(4) For the purposes of the curfew under regulation 4(1) all businesses may be open until 8.00 m.

Physical distancing protocols for businesses

11. (1) Every business shall—
    • determine the number of customers that may be permitted in the establishment at any one time not exceeding the maximum number of ten customers (save for supermarkets, hardware stores and hospitals so long as every person in such business or establishment shall distance themselves from other persons at a minimum of six feet (6ft.) from any other person);
    • ensure that all customers and staff maintain physical distancing of no less than six feet (6ft.) in or outside their business or establishment;
    • subject to paragraph (a), determine the number of persons that may be permitted in the business at any one time by permitting one person for every thirty square feet of store space;
    • place distance markers six feet (6ft.) apart, indicating where each customer shall stand in a line at a check out point;
    • place distance markers six feet (6ft.) apart on the outside of the business, indicating where customers shall stand while waiting to enter the establishment; and
    • ensure that there is a reduction in numbers of employees within offices at any given

(2) Every person in such business shall distance themselves from other persons at a minimum of six feet (6ft.) from any other

(3) Regulations 19(3) and (4) shall be applicable to this regulation.

Closure of airports and seaports

12. (1) For the purpose of preventing, controlling and suppressing the spread of Covid-19—
    • all airports shall remain closed to regional and international flights, whether commercial or private until 22 July 2020;
    • all sea ports shall remain closed to regional and international seafaring until 22 July 2020; and
    • no person shall be permitted to enter or transit through the Turks and Caicos Islands, other than those persons who are permitted to enter in accordance with subregulation (2)(i).

(2) The restriction contained in subregulation (1) does not apply to—

• outgoing flights or outgoing ships, as the case may be;
• cargo flights or cargo ships, as the case may be;
• courier flights;
• medevac flights;
• technical stops (stops by aircraft to refuel and proceed onward to another destination);
• emergency flights approved by the Civil Aviation Authority and the Airports Authority;
• naval vessels, however no person shall be allowed on or off the vessel with the exception of the Chief Medical Officer or other public health officials;
• flights carrying emergency services response staff involved in Covid-19 pandemic response (medical personnel, new police recruits, etc.), however such person shall be placed under quarantine in a specified place for such period as may be determined by the Chief Medical Officer to enable a test to be conducted by a medical officer or nurse to ensure that the person is not Covid-19 positive; or
  • (i) incoming flights for the purpose of returning Turks and Caicos Islanders or residents to the Islands in accordance with regulations 13(1) and (2).

(3) Cruise ports shall remain closed until 31 August 2020 and no cruise ship shall be permitted to enter the Islands until after 31 August 2020, subject to guidance from the Ministry, the CDC and the cruise

Return to the Islands

13. (1) Any—
    • Turks and Caicos Islander;
    • permanent resident who ordinarily resides in the Islands for the majority of the year as opposed to those who reside outside of the Islands and only travel to the Islands occasionally during the year;
    • Residence Permit holder who is married to a Turks and Caicos Islander; or
    • British Overseas Territories Citizen,

shall be permitted entry into the Islands by international air travel subject to the satisfaction of these Regulations.

(2) A permanent resident and a Residence Permit holder who is not specified under subregulation (1), and a Work Permit holder, may return to the Islands from 22 June

(3) A person referred to under subregulations (1) and (2) who is desirous of returning to the Islands must contact the airlines directly to book a

(4) A person referred to under subregulations (1) and (2) shall be required to complete and submit to the airline, a health screening questionnaire for Covid-19 prior to arrival in the Islands.

(5) Every person returning to the Islands shall—

• be placed under quarantine in a specified place for a period of fourteen days and shall be monitored by a health officer for symptoms and signs of Covid-19; and
• be required to sign a quarantine order and to complete other relevant forms as required by the Ministry.

(6) Any aircraft or airline proposing to travel to the Islands to return a person referred to in this regulation, is required to apply to the Ministry and submit such information as may be required, for the necessary approval prior to departure.

Power to order self-isolation, etc.

14. (1) Without prejudice to any other powers conferred by these Regulations, any person who, in the opinion of the Chief Medical Officer or a health officer, has been exposed to the risk of infection by Covid-19, may, at the discretion of the Chief Medical Officer or health officer, be required to remain at home or such other place of quarantine as specified by the Chief Medical Officer or health officer for the purpose of surveillance by the Chief Medical Officer or medical officer for a period of fourteen

(2) Any person required to remain at home or a place of quarantine in accordance with subregulation (1)—

• shall furnish to the Chief Medical Officer or health officer all such information as may reasonably be required and shall comply with the orders and instructions of the Chief Medical Officer or health officer; and
• shall undergo such medical and clinical examinations as the Chief Medical Officer or health officer may require and shall submit himself and his personal effects or other articles to disinfection and other measures as the Chief Medical Officer or health Officer may

(3) Any responsible adult or person in charge of a child or person under disability shall be responsible for the compliance of such child or person with the requirements and provisions of this regulation.

Screening requirements

15. (1) For the purposes of these Regulations, the screening and clinical examination requirements, in relation to a person are requirements to the effect that a person shall—
    • answer questions about his health or other relevant circumstances (including travel history and information about other individuals with whom he may have had contact);
    • produce any documents which may assist a medical officer or nurse in assessing his health;
    • at such time as a medical officer or nurse may specify, to allow the medical officer or nurse to take a biological sample of the person, including a sample of his respiratory secretions or blood, by appropriate means including by swabbing his nasopharyngeal cavity, or phlebotomy to provide such a sample; and
    • provide sufficient information to enable the person to be contacted immediately by a medical officer or nurse during such period as a medical officer or nurse may specify, where the medical officer or nurse considers that such provision of information is necessary in order to reduce or remove the risk of the person infecting or contaminating

(2) Where the person is a child and is accompanied by a responsible adult, the responsible adult shall—

• ensure that the child answers questions in accordance with subregulation (1)(a);
• answer the questions if the child is unable to do so or cannot reliably do so;
• produce any documents, required under subregulation (1)(b), on behalf of the child;
• allow a medical officer or nurse, to take a biological sample of the child, including a sample of the child’s respiratory secretions or blood, by appropriate means including by swabbing the child’s nasopharyngeal cavity, or phlebotomy to provide such a sample; and
• provide information where required by a medical officer or nurse under subregulation (1)(d).

Duty to provide information

16. (1) The Chief Medical Officer may, request any person to provide to the Chief Medical Officer with such information the Chief Medical Officer considers necessary to assess what precautions should be taken to prevent the spread of Covid-19 in the Islands.

(2) A person who is requested to provide information to the Chief Medical Officer in accordance with subregulation (1) shall provide the information so

Application to Justice of the Peace

17. (1) Where a person has failed to comply with an order by the Chief Medical Officer or a health officer made under these Regulations, to take the necessary precautions to prevent the transmission in the Islands of Covid-19, the Chief Medical officer or a health officer may make an application to a Justice of the Peace that the person has failed to comply with the requirements.

(2) Where the Justice of the Peace is satisfied with the application made under subregulation (1), he may, order that the person who has failed to comply with the requirements—

• be taken into custody and be placed in quarantine at a designated facility;
• be examined by a medical practitioner or health officer to ascertain whether or not the person is infected with Covid-19; or
• be treated for Covid-19, where on examination of such person it is found that he is infected with Covid-19.

Authority to apprehend

18. (1) An order made under regulation 17 is authority for the Chief Medical Officer or a health officer to direct a police officer to—
    • locate and apprehend the person who is the subject of the order; and
    • deliver the person who is the subject of the order to the place of quarantine named in the order, or to a medical practitioner for

(2) The police officer shall do all things reasonably able to be done to locate, apprehend and deliver the person to the place of quarantine specified in the

(3) The police officer who apprehends a person who is the subject of an order pursuant to subregulation (2) shall promptly—

• inform the person of the reasons for the apprehension and of the person’s right to retain and instruct counsel without delay; and
• inform the person where the person is being

(4) An order made under regulation 17 is authority to detain the person who is the subject of the order in the place of quarantine named in the order and to care for and examine the person and to treat the person for Covid-19 in accordance with generally accepted medical practice for such period as the Chief Medical Officer or health officer shall

Physical distancing protocols

19 (1) Any place where members of the public are gathered, shall ensure that persons adhere to physical distancing requirements, where persons are distancing at least six feet (6ft.) from any other person and in accordance with guidelines issued under regulation 36.

(2) Any person in a public place shall adhere to physical distancing requirements, by distancing himself at least six feet (6 ft.) from any other

(3) A public health officer or a police officer shall have power to enforce the physical distancing protocol required by these

(4) A public health officer or a police officer may order the immediate closure of a business or part of the business for failure of the business to comply with the physical distancing protocol as required by these Regulations and if the public health officer or police officer determines that the business operation or its surroundings are

Education and religious instruction

20. (1) All educational places of instruction shall remain closed until 26 June

(2) All religious places of worship may continue to be open from 1 June 2020, provided that no more than a maximum number of ten persons shall be allowed to be inside at any given time.

(3) A religious place of worship may have more than one service per day, if necessary, in order to facilitate physical distancing.

(4) From 5 June 2020, a religious place of worship may provide for a service outdoors or through drive-in-option within its premises, but persons shall remain in their vehicles during the conduct of the service.

(5) From 22 June 2020, no more than a maximum number of twenty-five persons shall be allowed to be inside a religious place of worship at any given

Funeral Services and burial grounds

21. (1) Funerals may continue to be permitted with a maximum of ten members of the immediate family and at least one officiant and essential mortuary staff, which shall be approved by the Chief Medical

(2) From 5 June 2020, persons may attend a funeral outdoors or at burial grounds by means of a drive-in-option, but persons shall remain in their vehicles during the conduct of the funeral

(3) From 22 June 2020, a maximum number of twenty- five persons of the immediate family may be permitted to attend a funeral service and at least one officiant and essential mortuary staff, which shall be approved by the Chief Medical

Social activities, sports and training

22. (1) No person shall host or attend—
    • any social activities of any description, including a wedding; or
    • any sporting activity of any

(2) The following may be permitted from 5 June 2020—

• weddings and social gatherings of not more than a maximum number of ten persons;
• non-contact or non-team sporting activity; and
• personal

(3) From 22 June 2020, a maximum number of twenty- five persons may be permitted to attend weddings and social gatherings.

• All sporting events and contact sports may resume on 6 July 2020.
• For the purposes of this regulation, a “non-contact or non-team sporting activity” means a sport where the players are physically separated in such a way to make it nearly impossible for the players to make physical contact during the course of a game, and these activities include, tennis, darts, bowling, volleyball or

Logbook

23. A logbook of attendees shall be kept and maintained for any indoor gathering at a church, funeral or wedding permitted under regulations 20, 21 and 22 to facilitate contact

Restriction on domestic travel

24. (1) No person shall offer for hire or seek to travel on any—
    • public service vehicle transportation or any public transportation save for persons who are essential workers or are authorised under subregulations (2), (3), (4) and (5); or
    • interisland private or commercial air or sea transport that is non-essential, provided that an airline or a boat shall reduce the number of persons traveling on interisland transportation to permit physical distancing.

(2) For the purposes of subregulation (1), travel for the purpose of banking, businesses under regulation 9(h), doctor and hospital visits, funeral, travel to international travel, emergencies and cargo shall be considered as essential

(3) Travel between the islands of Grand Turk and Salt Cay and between the islands of Middle Caicos and North Caicos is unrestricted provided physical distancing requirements are observed.

(4) A person desirous of returning to his home in Providenciales may travel from any of the other islands into Providenciales, however, except for essential travel, a person shall not be allowed to travel from Providenciales to any of the other islands.

(5) A member of the House of Assembly may travel from another island, to attend a meeting of the House of Assembly in the island of Grand Turk.

(6) From 22 June 2020, a person desirous of returning from Providenciales to an island he ordinarily resides on may travel from Providenciales to his home, provided that an airline shall maintain a travel log and reduce the number of persons to permit physical distancing.

Public beaches

25. All public beaches shall continue to be opened from 1 June 2020 subject to the following conditions—
    • physical distancing requirements shall be observed;
    • no gathering of more than four adult persons outside the same household;
    • no alcohol should be taken onto or consumed on the beach;
    • no sports shall be allowed on the beach, except individual fitness activities.

(2) From 5 June 2020, no gathering of not more than ten persons outside the same household may be permitted at a beach.

(3) From 22 June 2020, no gathering of not more than twenty-five persons outside the same household may be permitted at a

Restriction on visitation

26. (1) No person shall visit or be permitted to visit—
    • any place of quarantine or isolation station;
    • a patient in a hospital or facility, except a responsible adult in the case of a child; or
    • residential care

(2) Limited visitation will be permitted for a detainee in a detention centre, prison or police cell, with the appropriate application of physical distancing, due to the vulnerability of these

(3) Nothing in subregulation (2) shall be construed as preventing an attorney from visiting a client who is in lawful custody.

(4) Limited visitation for a residential care establishment will be permitted from 5 June 2020.

Power to requisition any building, ship or aircraft, etc.

27. (1) Where the Governor is satisfied that it is reasonably required for any statutory purpose to do so for the duration of the emergency or any period therein, the Governor may give notice, in writing, to the person having control of any building, vehicle, ship in the Islands, or of any aircraft or article of any description in the Islands, of having requisitioned a building, vehicle, ship, aircraft or

(2) Where the Governor requisitions any building, ship, aircraft or article under subregulation (1) the Governor may, by himself or any other person under his direction, take possession of the building, ship, aircraft or article and do to or in relation to such building, ship, aircraft or article, anything which might lawfully have been done by the owner of such building, ship, aircraft or article as if such building, ship, aircraft or article had not been requisitioned under these Regulations, and may use such building, ship, aircraft or article for any purpose for which such building, ship, aircraft or article might lawfully have been used if it had not been so

(3) At the conclusion of the requisition, the Governor shall make prompt and adequate compensation in the circumstances to the owner or occupier of such building, ship, aircraft or

Power to requisition essential services

28 (1) Where the Governor is satisfied that it is reasonably required to do so for the duration of the emergency or any period therein, he may give notice, in writing, for the requisition of any essential service to the person having the management or control of any essential service requisitioning such service with effect from such date as may be specified in such notice.

(2) Where any essential service is requisitioned under subregulation (1), the Governor shall by instrument in writing appoint some person as controller of the service

(3) Upon the appointment of some person as controller of any essential service, such person shall be entitled to take possession of all premises and assets of every description (other than money or securities for money) which, immediately before the giving of the notice by which such service was requisitioned, were used or intended to be used for the purposes of such service and, in relation to any premises and assets so taken possession of, and in relation to the service so requisitioned, to do or cause to be done any act or thing which might lawfully have been done by the person having control of such service if the service had not been so

(4) For the purposes of this regulation—

“essential services” means any service established, maintained or operated by the Government, or by any public or private enterprise, or otherwise, for—

• the collection, storage, purification or distribution of water for use by the public or any class of the public;
• the collection, storage, treatment and disposal of sewage or garbage or refuse;
• the manufacture, storage or distribution of fuel (including gasoline, propane, diesel) for use by the public or any class of the public;
• the provision of medical service, electricity services or telecommunication services (including internet); or
• the removal, handling or burial of deceased persons or disposal of dead

Power to stop, detain and arrest

29. (1) Where an authorised person has reasonable cause to believe that a person is in violation of these Regulations, he may stop, detain, question and arrest such person and confiscate any vehicle being used by that person, if he considers it necessary to do so.

(2) Any person who assaults, obstructs, hinders or resists or uses any threatening or abusive language or aids or incites any other person to assault, obstruct, hinder or resist any authorised person in the execution of his duty under this regulation, commits an offence.

(3) The owner or person last having control of a vehicle confiscated under subregulation (1) shall pay the cost in respect of towing away of the vehicle or storage of the

(4) For the purposes of this regulation, an “authorised person” means—

• any member of the Royal Turks and Caicos Islands Police Force, any other law enforcement officer, or a prison officer; or
• any person authorised by the Governor to do the act in relation to which the expression is

Obstruction

30. No person shall obstruct the Chief Medical officer, any health officer, public officer, police officer, any other law enforcement officer, or any prison officer, acting in the course of his duty as such, or any person exercising any powers or performing any duties conferred or imposed on him by or under any of these Regulations, or otherwise discharging any lawful functions in connection with the performance of any statutory purpose.

Price gouging

31. (1) No person shall declare the sale or offer for sale of goods during this period of public emergency at an unconscionable

(2) For the purposes of this regulation “unconscionable price” means an amount that represents a “gross disparity” between the price of the goods charged and the average price of the same item during the thirty days immediately prior to the declared state of emergency, provided that the increased price is not directly attributable to additional costs.

Forfeiture upon conviction

32. Upon the conviction of any person for an offence against regulation 4(1), the Court, in addition to any other penalty it may impose may order that any property including any vehicle used in the commission of the offence, be forfeited to the

Governor’s power to grant exception

33. (1) Notwithstanding regulation 4(2), the Governor may, by notice in writing, and subject to such conditions and restrictions as he deems fit to impose, exclude any person or business from the requirements of regulation 4(2).

(2) For the purposes of subregulation (1), notice in writing may be by notification on the official Government website or other official means of communication.

Publication of false statements

34. No person shall publish or cause to be published, posted or re-posted, over any media platform inclusive of social media, any purported news or report, or purported statement of fact, knowing or have reasonable cause to suspect that the same—
    • is untrue or false; or
    • may incite public fear, panic or ethnic

Offence

35. Any person who contravenes these Regulations commits an offence and is liable on summary conviction to a fine of five thousand dollars or to a term of imprisonment for three months, or to both.

Guidelines

36. (1) A relevant public authority may issue guidelines to supplement or provide for further clarification of these Regulations.

(2) A person, business or enterprise shall comply with any applicable guidelines issued pursuant to subregulation (1).

Enforcement

37. (1) A public health officer, a police officer or an officer of the relevant government department may visit any business, premises or public place to ensure compliance with the provisions of these Regulations and any guidelines issued under regulation 36(1).

(2) A public health officer, police officer or an officer of the relevant government department may, for failure to comply with the provisions of these Regulations or any guidelines issued pursuant to regulation 36(1)—

• order the immediate closure of a business or premises or part of the business or premises; or
• order the dispersal of persons at that business or premises or at any public

Revocation

38. The Emergency Powers (Covid-19)(No. 4) Regulations 2020 are revoked.

SCHEDULE

EXPIRATION DATES

(Regulation 1(2))

1. Regulation 20(1) expires on 26 June
2. The following regulations shall expire on 6 July 2020—
   • regulation 6;
   • regulation 7;
   • regulations 8(1), 9 and 10;
   • regulation 20(except subregulation (1));
   • regulations 21 and 22;
   • regulation 24;
   • regulation
3. The following regulations shall expire on 22 July 2020—
   • regulation 8(2);
   • regulations 12(1) and (2);
   • regulation
4. Regulation 12(3) expires on 31 August
5. The following regulation shall expire on 31 December 2020—
   • regulation 1(2);
   • regulation 2;
   • regulation 3;
   • regulation 5;
   • regulation 11;
   • regulations 14, 15, and 16;
   • regulations17 and 18
   • regulation 19;
   • regulation 23;
   • regulation 26,
   • regulation 29;
   • regulation 30;
   • regulation 31;
   • regulation 34;
   • regulation 35;
   • regulation 36
   • regulation 37

MADE this 30^th day of May 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE
(This Note is not part of the Regulations)

These Regulations seek to—

• impose a curfew from 10:00 p.m. to 5:00 am. every night starting from 1 June 2020 until 5:00 a.m. on 22 June 2020;
• continue and impose other measures considered necessary to prevent, control and suppress the spread of COVID-19 (Coronavirus);
• continue the opening of businesses and provide for a phased reopening of additional businesses.

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(Legal Notice 55 of 2020)

WHEREAS section 3(1) of the Emergency Powers Ordinance and article 5(1) of the Emergency Powers (Overseas Territories) Order 2017 provide that if the Governor is satisfied that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease, or other calamity whether similar to the foregoing or not, or that any action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community or any substantial part of the community of supplies or services essential to life, the Governor may by proclamation (hereinafter called a Proclamation of Emergency) declare that a state of emergency exists;

AND WHEREAS in conformity with section 3(1) of the Emergency Powers Ordinance and article 5(1) of the Emergency Powers (Overseas Territories) Order 2017, the Governor, on the advice of the Cabinet, made a Proclamation dated the 20th March 2020 declaring that a state of public emergency exists in the Turks and Caicos Islands owing to the threat of COVID-19 to the Turks and Caicos Islands. The Proclamation took effect on 24th March 2020 at midnight and expired on 23rd April 2020 at midnight;

AND WHEREAS on being satisfied that, the confirmation of the presence of COVID-19 in the Turks and Caicos Islands continued to constitute a serious threat to the Turks and Caicos Islands and that in order to control or contain the spread of COVID-19 in the Islands, a state of public emergency continued to exist in the Turks and Caicos Islands as a result of the aforementioned circumstances, the Governor, on the advice of the Cabinet, made a Proclamation on 11th April 2020 declaring that a state of public emergency continued to exist in the Turks and Caicos Islands. The Proclamation took effect on 23rd April 2020 and expired on 4th May 2020 at 6:00 a.m.;

AND WHEREAS on being satisfied that, the confirmation of the presence of COVID-19 in the Turks and Caicos Islands continued to constitute a serious threat to the Turks and Caicos Islands and that in order to control or contain the spread of COVID-19 in the Islands, a state of public emergency continued to exist in the Turks and Caicos Islands as a result of the aforementioned circumstances, the Governor, on the advice of the Cabinet, made a Proclamation on 2nd May 2020 declaring that a state of public emergency continued to exist in the Turks and Caicos Islands. The Proclamation took effect on 4th May 2020 and will expire on 1st June 2020 at 6:00 a.m.;

AND WHEREAS I am satisfied that, the presence of COVID- 19 in the Turks and Caicos Islands continues to constitute a serious threat to the Turks and Caicos Islands and that in order to control or contain the spread of COVID-19 in the Islands, a state of public emergency continues to exist in the Turks and Caicos Islands as a result of the aforementioned circumstances;

NOW THEREFORE, I, NIGEL DAKIN, Governor of the Turks and Caicos Islands, acting with the advice of the Cabinet and in exercise of the powers conferred upon me by section 3(1) of the Emergency Powers Ordinance and article 5(1) of the Emergency Powers (Overseas Territories) Order 2017, for the purpose of controlling or containing the spread of COVID-19 in the Turks and Caicos Islands DO HEREBY PROCLAIM and DECLARE that a state of public emergency exists in the Turks and Caicos Islands.

This Proclamation takes effect on 1st June 2020 at 6:01 a.m. and expires on 22nd June 2020 at 5:00 a.m.

MADE this 30^th day of May 2020.

NIGEL DAKIN
GOVERNOR

GOD SAVE THE QUEEN

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(Legal Notice 50 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation and commencement
2. Interpretation
3. Regulation 2 amended
4. Regulation 3 amended
5. Regulation 8 amended

MADE by the Governor under section 4(1) of the Emergency Powers Ordinance and article 6(1) of the Emergency Powers (Overseas Territories) Order 2017 (S.I. 2017 No. 181), and acting on the advice of the Cabinet.

Citation and commencement

1. These Regulations may be cited as the Emergency Powers (COVID-19)(No. 4)(Amendment)(No. 4) Regulations 2020 and shall come into operation on publication in the Gazette.

Interpretation

2. In these Regulations “principal Regulations” means the Emergency Powers (COVID-19)(No. 4) Regulations

Regulation 2 amended

3. Regulation 2 of the principal Regulations is amended by inserting in the appropriate alphabetical position the following definition—

““British Overseas Territories Citizen” has the meaning assigned to that term in section 2(1) of the Immigration Ordinance;”.

Regulation 3 amended

4. Regulation 4 of the principal Regulations is amended in subregulation (1) by deleting the words “25^th May 2020” and substituting “1^st June 2020”.

Regulation 8 amended

5. Regulation 8 of the principal Regulations is amended in subregulation (4)—
   • by deleting the “or” at the end of paragraph (b);
   • by deleting the comma at the end of paragraph (c)

and substituting “; or”;

• by inserting after paragraph (c) the following—

“(d) British Overseas Territories Citizen,”.

MADE this 22^nd day of May 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE
(This Note is not part of the Regulations)

These Regulations amend the principal Regulations—

• to extend the night time curfew from 8:00 p.m. to 5:00 a.m. every night until 5:00 a.m. on 1^st June 2020;
• to provide include British Overseas Territory Citizens as persons who may be permitted to return to the

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(Legal Notice 48 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation and commencement
2. Interpretation
3. Regulation 2 amended
4. Regulation 7 amended
5. Regulation 8 amended
6. Regulation 17 amended
7. Regulations 29A and 29B inserted

MADE by the Governor under section 4(1) of the Emergency Powers Ordinance and article 6(1) of the Emergency Powers (Overseas Territories) Order 2017 (S.I. 2017 No. 181), and acting on the advice of the Cabinet.

Citation and commencement

1. These Regulations may be cited as the Emergency Powers (COVID-19)(No. 4)(Amendment)(No. 3) Regulations 2020 and shall deemed to come into operation on 15^th May

Interpretation

2. In these Regulations “principal Regulations” means the Emergency Powers (COVID-19)(No. 4) Regulations

Regulation 2 amended

3. Regulation 2 of the principal Regulations is amended by inserting in the appropriate alphabetical position the following definitions—

““permanent resident” has the meaning assigned to that term in section 2(1) of the Immigration Ordinance;

“Residence Permit” has the meaning assigned to that term under section 2(1) of the Immigration Ordinance;

“Turks and Caicos Islander” has the meaning assigned by section 2 of the Turks and Caicos Islander Status Ordinance.”.

Regulation 7 amended

4. Regulation 7 of the principal Regulations is amended—

   1. in subregulation (3)(n) by inserting after the word “services” the words “(not including housecleaning or maid services at private residence)”; and

   2. in subregulations (5) and (6) by deleting the words “subregulation (1)” and substituting “subregulations (2) and (3)”.

Regulation 8 amended

5. Regulation 8 of the principal Regulations is amended—

   • in subregulation (1)(c) by inserting after the word “Islands” the words “other than those persons who are permitted to enter in accordance with subregulation (2)(h);

   • in subregulation (2)—

     • by deleting the “or” at the end of paragraph (f);

        

     • by deleting the full stop at the end of paragraph (g) and substituting “; or”;

        

     • by inserting after paragraph (g) the following— “(h) incoming flights for the purpose of returning Turks and Caicos Islanders or residents to the Islands in accordance with subregulation (3)”; and

• by inserting after subregulation (4) the following—

“(4) Any—

• Turks and Caicos Islander;

• permanent resident who ordinarily resides in the Islands for the majority of the year as opposed to those who reside outside of the Islands and only travel to the Islands occasionally during the year; or

• Residence Permit holder who is married to a Turks and Caicos Islander, shall be permitted entry into the Islands by international air travel subject to the satisfaction of these Regulations.

• A person referred to in subregulation (4) who is desirous of returning to the Islands must contact the airlines directly to book a

• A person referred to in subregulation (4) shall be required to complete and submit to the airline a health screening questionnaire for Covid-19 prior to arrival in the

• Every person returning to the Islands shall—

  • be placed under quarantine in a specified place for a period of fourteen days and shall be monitored by a health officer for symptoms and signs of Covid-19 disease; and

  • be required to sign a quarantine order and to complete other relevant forms as required by the Ministry of

  • Any aircraft or airline proposing to travel to the Islands to return a person referred to in subregulation (4), is required to apply to the Ministry of Health and submit such information as may be required, for the necessary approval prior to ”.

Regulation 17 amended

6. Regulation 17 of the principal Regulations is amended—

   • in subreglation (1)—

     • paragraph (a) by deleting “regulation 7(1)” and substituting “regulation 7(2) and (3)”;

     • in the proviso by inserting after the word “visits” the word “funeral, international travel”; and

   • by inserting after subregulation (2) the following—

“(2) A person desirous of returning to his home in Providenciales may travel from any of the other islands into Providenciales, however, except for essential travel, a person shall not be allowed to travel from Providenciales to any of the other islands.”.

Regulations 29A and 29B inserted

7. The principal Regulations are amended by inserting after regulation 29 the following—

“Guidelines

29A. (1)  A relevant  public  authority may issue  guidelines  to supplement or provide for further clarification of these Regulations.

(2) A person, business or enterprise shall comply with any applicable guidelines issued pursuant to subregulation (1).

Enforcement

1. 29B.  A public health officer, a police  officer  or  an  officer of the relevant government department may visit any business or establishment to ensure compliance with the provisions of these Regulations and any guidelines issued under regulation 29A(1).
2. A public health officer, police officer or an officer of the relevant government department may order the immediate closure of a business or establishment or part of the business or establishment for failure of the business or establishment to comply with the provisions of these Regulations or any guidelines issued pursuant to regulation 29A(1).”.

MADE this 16^th day of May 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE
(This Note is not part of the Regulations)

These Regulations amend the principal Regulations—

• to clarify that housekeepers/maids are not included within cleaning services and thus are not permitted to work;
• to provide for Turks and Caicos Islanders/students/residents to return to the Islands;
• to include travel to another island for the purpose of a funeral or international travel as essential travel;
• to provide for the issuance of guidelines and for enforcement of

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(Legal Notice 38 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Curfew
4. Wearing of face mask
5. Work remotely from home
6. Public sector
7. Closure of businesses and exceptions
8. Closure of airports and sea ports
9. Power to order self-isolation, etc.
10. Screening requirements
11. Duty to provide information
12. Application to Justice of the Peace
13. Authority to apprehend
14. Physical distancing protocols
15. Education and religious instruction
16. Restriction on social activities
17. Restriction on domestic travel
18. Public beaches
19. Restriction on visitation
20. Power to requisition any building, ship or aircraft, etc.
21. Power to requisition essential services
22. Power to stop, detain and arrest
23. Obstruction
24. Price gouging
25. Forfeiture upon conviction
26. Governor’s power to grant or limit exception
27. Publication of false statements
28. Offence
29. Revocation

MADE by the Governor under section 4(1) of the Emergency Powers Ordinance and article 6(1) of the Emergency Powers (Overseas Territories) Order 2017 (S.I. 2017 No. 181), and acting on the advice of the Cabinet.

Citation, commencement and expiry

1. (1) These Regulations may be cited as the Emergency Powers (COVID-19)(No. 4) Regulations 2020 and shall come into operation at 6:01 a.m. on 4 May 2020 and shall, except for regulation 8(3), expire at 6:00 a.m. on 1 June 2020.

(2) Regulation 8(3) shall expire on 30 June 2020.

Interpretation

2. In these Regulations—

“aircraft” includes any aeroplane or helicopter or other means of airborne navigation by means of which a person can travel across international borders;

“airport” means an area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft, and which is designated an airport under the Airports Authority Ordinance;

“CDC” means the Centres for Disease control and Prevention;

“Chief Medical Officer” has the meaning given in section 2(1) of the Public and Environmental Health Ordinance;

“child” means a person under the age of eighteen years;

“Covid-19” means the novel Coronavirus (2019-n CoV);

“health officer” has the meaning given in section 2(1) of the Public and Environmental Health Ordinance;

“public health officer” means a health officer under the Public and Environmental Health Ordinance;

“responsible adult” means, in relation to a child, a person with parental responsibility for the child (within the meaning of the Children (Care and Protection) Ordinance or a person who has custody or charge of the child for the time being;

“ship” means every description of vessel used in navigation however propelled;

“visitor” has the meaning assigned to that term in the Immigration Ordinance.

Curfew

3. (1) For the purpose of preventing, controlling and supressing the spread of Covid-19, a curfew is imposed from 8:00 p.m. to 5:00 a.m. every night starting 4th May 2020 until 5:00 a.m. on 25th May 2020.

(2) Every person shall, during the curfew period under subregulation (1), remain confined to his or her place of residence (inclusive of the yard space) to avoid contact outside of their family, except—

(a) for essential travel to and from the doctor/hospital;

(b) essential workers, who are directed to report to work by the person in charge of the service:

Provided that an essential worker shall, at all times, adhere to the physical distancing requirements specified in these Regulations, distancing himself or herself at least six feet (6 ft.) from any other person.

(2) For the purposes of this regulation, an “essential worker” includes essential officers of—

(a) the Royal Turks and Caicos Islands Police Force and 911 Centre;

(b) the Fire Services;

(c) Her Majesty’s Prisons;

(d) the Environmental Health Department;

(e) the Department of Immigration;

(f) the Customs Department;

(g) the Airports Authority;

(h) the Civil Aviation Authority;

(i) the Ports Authority;

(j) waste disposal and sanitation companies;

(k) the Emergency Medical Services Department;

(l) Public Health;

(m) any hospital, health care or medical facility;

(n) any water, electricity, telecommunications (including internet services) or other sector encompassing the provision of electronic communications including print and electronic media.

(3) All essential workers shall at all times carry personal identification.

(4) A person who is exempted under subregulation (1)(a) or (b) shall use the most direct routes of travel from his home to his place of work or such other places mentioned in paragraph (a) and back to his home directly without making detours.

Wearing of face mask

4. To prevent the spread of Covid-19, every person shall wear a face mask or face covering, covering his nose and mouth, when in a public place.

Work remotely from home

5. (1) For the purposes of preventing, controlling and suppressing the spread of Covid-19, all businesses and offices shall, unless exempted under regulation 7, continue their business operations by allowing their employees to work remotely from home utilising virtual means, unless those workers are permitted to work under regulation 7 or are designated as being essential workers under regulation 3.

(2) Where a business is unable to have its employees work remotely from home, that business shall cease its operations.

Public sector

6. (1) For the purposes of preventing, controlling and suppressing the spread of Covid-19, all persons employed within the public service shall continue to work remotely from home, except as may otherwise be directed by the Deputy Governor.

(2) For the purposes of preventing, controlling and suppressing the spread of Covid-19, all persons employed within a statutory body or other public body shall continue to work remotely from home, except as may otherwise be directed by the head of that body, taking into account directives issued in relation to the public service.

(3)The directives issued under subregulations (1) and (2) shall ensure that adequate provisions for physical distancing are in place for all employees inclusive of adequate hand washing and hand sanitising facilities for employees and customers, and reduction in numbers of persons within offices.

(4) Every person in an office referenced in subregulations (1) and (2) shall distance themselves from other persons at a minimum of six feet (6ft.) from any other person.

Closure of businesses and exceptions

7. (1) For the purposes of preventing, controlling and suppressing the spread of Covid-19, all establishments, institutions, businesses, offices, stores and organisations shall suspend operations to the general public, except for the businesses specified in subregulations (2) and (3).

(2) The following business may open from 4th May 2020 for any period within the specified time—

(a) wholesale or retail grocery store, from 6:00 a.m. to 7:00 p.m., the first two shopping hours to be reserved for seniors, disabled persons and essential workers;

(b) food delivery service from 6:00 a.m. to 7:00 p.m.;

(c) doctor’s offices, hospitals or medical facilities;

(d) pharmacies, from 6:00 a.m. to 5:00 p.m.;

(e) gas stations and fuel delivery service, from 6:00 a.m. to 5:00 p.m.;

(f) medical supply establishments;

(g) hotels (currently with guests), excluding any casinos, spas, gyms, discotheques, bars and restaurants therein, however such restaurants may offer room service;

(h) banks from 9:00 a.m. to 5:00 p.m.;

(i) commercial ports and related businesses;

(j) ferry service for emergency cases (but not non- essential travel);

(k) commercial aviation from 6:00 a.m. to 5:00p.m.;

(l) airports based on local flights only;

(m) laundromats and wash houses for hygienic purposes from 6:00 a.m. to 5:00 p.m.;

(n) pet food store from 6:00 a.m. to 5:00 p.m.;

(o) any water depot facility from 9:00 a.m. to 5:00 p.m.;

(p) agriculture and fisheries businesses from 5:00 a.m. to 6:00 p.m.;

(q) security services business;

(r) courier services form 6:00 a.m. to 5:00 p.m.;

(s) hardware stores from 8:00 a.m. to 5:00 p.m.; and

(t) water, electricity, telecommunications (including internet services) or other sector encompassing the provision of electronic communications including print and electronic media.

(3) The following business may open from 11th May 2020 for any period within the specified time—

(a) construction companies from 6:00 a.m. to 5:00 p.m.;

(b) tool and contractor’s equipment rental businesses from 6:00 a.m. to 5:00 p.m.;

(c) concrete plants from 6:00 a.m. to 5:00 p.m.;

(d) quarry pits from 6:00 a.m. to 5:00 p.m.;

(e) sand mining businesses from 6:00 a.m. to 5:00 p.m.;

(f) tyre shops from 6:00 a.m. to 5:00 p.m.;

(g) electrical supplies/plumbing supplies/parts supplies businesses from 6:00 a.m. to 5:00 p.m.;

(h) landscaping businesses from 6:00 a.m. to 5:00 p.m.;

(i) concrete testing labs from 6:00 a.m. to 5:00 p.m.;

(j) in-house maintenance shops from 6:00 a.m. to 5:00 p.m.;

(k) millworks and stonework shops from 6:00 a.m. to 5:00 p.m.;

(l) customs clearance brokers and shippers from 6:00 a.m. to 5:00 p.m.;

(m) mobile toilet businesses from 6:00 a.m. to 5:00 p.m.;

(n) cleaning services from 6:00 a.m. to 5:00 p.m.;

(o) HVAC (heating, ventilation and air-conditioning businesses from 6:00 a.m. to 5:00 p.m.;

(p) restaurants for take away only 6:00 a.m. to 5:00 p.m.;

(q) convenience stores from 6:00 a.m. to 5:00 p.m.;

(r) office supplies businesses from 6:00 a.m. to 5:00 p.m.;

(s) auto parts businesses from 6:00 a.m. to 5:00 p.m.; and

(t) office-based small businesses (including lawyers offices, architects, survey companies, engineers) from 6:00 a.m. to 5:00 p.m. with no more than four (4) persons in the office at a time: provided that such business is able to maintain physical distancing requirements in the Regulations, to ensure distancing of at least six feet (6 ft.) between one person and another person.

(4) All businesses shall remain closed to the public on Sunday each week, except—

(a) doctor’s offices, hospitals or medical facilities;

(b) hotels where guests are in residence, excluding any casinos, spas, gyms, discotheques, bars and restaurants therein, however such restaurants may only offer room service to guests;

(c) ferry service for emergency cases;

(d) commercial aviation;

(e) airports; and

(f) security services business.

(5) The owner or operator of a business or establishment specified in subregulation (1) shall restrict the number of customers inside their place of business at any one time so that each customer is enabled to distance himself at least six feet (6ft.) from any other person.

(6) The owner or operator of a business or establishment specified in subregulation (1) shall ensure that adequate provisions for physical distancing are in place for all employees, inclusive of adequate hand washing and hand sanitising facilities for employees and customers, and reduction in numbers of persons within offices.

(7) Every person in such business or establishment shall distance themselves from other persons at a minimum of six feet (6ft.) from any other person.

Closure of airports and seaports

8. (1) For the purposes of preventing, controlling and suppressing the spread of Covid-19—

(a) all airports shall remain closed to regional and international flights, whether commercial or private;

(b) all sea ports shall remain closed to regional and international seafaring; and

(c) no person shall be permitted to enter or transit through the Turks and Caicos Islands.

(2) The restriction contained in subregulation (1) does not apply to—

(a) outgoing flights or outgoing ships, as the case may be;

(b) cargo flights or cargo ships, as the case may be;

(c) courier flights;

(d) medevac flights;

(e) technical stops (stops by aircraft to refuel and proceed onward to another destination);

(f) emergency flights approved by the Civil Aviation Authority and the Airports Authority; or

(g) naval vessels, however no person shall be allowed on or off the vessel with the exception of Chief Medical Officer or other public health officials.

(3) Cruise ports shall remain closed until 30th June 2020 and no cruise ship shall be permitted to enter the Islands until after 30th June 2020, subject to guidance from the CDC and the cruise industry.

Power to order self-isolation, etc.

9. (1) Without prejudice to any other powers conferred by these Regulations, any person who, in the opinion of the Chief Medical Officer or a health officer, has been exposed to the risk of infection by Covid-19, may, at the discretion of the Chief Medical Officer or health officer, be required to remain at home or such other place of quarantine as specified by the Chief Medical Officer of health officer for the purposes of surveillance by the Chief Medical Officer or a medical officer, for a period of fourteen days.

(2) Any person required to remain at home or place in quarantine pursuant to subregulation (1)—

(a) shall furnish to the Chief Medical Officer or health officer all such information as may reasonably be required and shall comply with the orders and instructions of the Chief Medical Officer or health officer; and

(b) shall undergo such medical and clinical examinations as the Chief Medical Officer or health officer may require and shall submit himself and his personal effects or other articles to disinfection and other measures as the Chief Medical Officer or health Officer may order.

(3) Any responsible adult or person in charge of a child or person under disability shall be responsible for the compliance of such child or person with the requirements and provisions of this regulation.

Screening requirements

10. (1) For the purposes of these Regulations, the screening and clinical examination requirements, in relation to a person are requirements to the effect that a person shall—

(a) answer questions about his health or other relevant circumstances (including travel history and information about other inpiduals with whom he may have had contact);

(b) produce any documents which may assist a medical officer in assessing his health;

(c) at such time as a medical officer may specify, allow a medical officer, to take a biological sample the person, including a sample of his respiratory secretions or blood, by appropriate means including by swabbing his nasopharyngeal cavity, or provide such a sample; and

(d) provide sufficient information to enable the person to be contacted immediately by a medical officer during such period as a medical officer may specify, where the medical officer considers that such provision of information is necessary in order to reduce or remove the risk of the person infecting or contaminating others.

(2) Where the person is a child and is accompanied by a responsible adult, the responsible adult shall—

(a) ensure that the child answers questions in accordance with subregulation (1)(a);

(b) answer the questions if the child is unable to do so or cannot reliably do so;

(c) produce any documents, required under subregulation (1)(b), on the child’s behalf;

(d) allow a medical officer, to take a biological sample of the child, including a sample of the child’s respiratory secretions or blood, by appropriate means including by swabbing the child’s nasopharyngeal cavity, or provide such a sample; and

(e) provide information where required by a medical officer under subregulation (1)(d).

Duty to provide information

11. (1) The Chief Medical Officer may, request any person to provide to the Chief Medical Officer with such information the Chief Medical Officer considers necessary to assess what precautions should be taken to prevent the spread of Covid-19 in the Islands.

(2) A person who is requested to provide information to the Chief Medical Officer pursuant to subregulation (1) shall provide the information so requested.

Application to Justice of the Peace

12. (1) Where a person has failed to comply with an order by the Chief Medical Officer or a health officer made under these Regulations, to take the necessary precautions to prevent the transmission in the Islands of Covid-19, the Chief Medical officer or a health officer may make an application to a Justice of the Peace that the person has failed to comply with the requirements.

(2) Where the Justice of the Peace is satisfied with the application made under subregulation (1), he may, order that the person who has failed to comply with the requirements—

(a) be taken into custody and be placed in quarantine;

(b) be examined by a medical practitioner or health officer to ascertain whether or not the person is infected with Covid-19; or

(c) be treated for Covid-19, where on examination of such person it is found that he is infected with Covid-19.

Authority to apprehend

13. (1) An order made under regulation 12 is authority for the Chief Medical Officer or a health officer to direct a police officer to—

(a) locate and apprehend the person who is the subject of the order; and

(b) deliver the person who is the subject to the order to the place of quarantine named in the order, or to a medical practitioner for examination.

(2) The police officer shall do all things reasonably able to be done to locate, apprehend and deliver the person to the place of quarantine specified in the order.

(3) The police officer who apprehends a person who is the subject of an order pursuant to subregulation (2) shall promptly—

(a) inform the person of the reasons for the apprehension and of the person’s right to retain and instruct counsel without delay; and

(b) tell the person where the person is being taken.

(4) An order made under regulation 12 is authority to detain the person who is the subject of the order in the place of quarantine named in the order and to care for and examine the person and to treat the person for Covid-19 in accordance with generally accepted medical practice for such period as the Chief Medical Officer or health officer shall determine.

Physical distancing protocols

14. (1) Every business or establishment shall—

(a) determine the number of customers that may be permitted in the establishment at any one time not exceeding the maximum number of ten (10) customers (save for supermarkets, hardware stores and hospitals so long as every person in such business or establishment shall distance themselves from other persons at a minimum of six feet (6ft.) from any other person);

(b) ensure that all customers and staff maintain physical distancing of no less than six feet (6ft.) in or outside their business or establishment;

(c) subject to paragraph (a), determine the number of persons that may be permitted in the business or establishment at any one time by permitting one person for every thirty square feet of store space;

(d) place distance markers six feet (6ft.) apart, indicating where each customer shall stand on a line at a check out point; and

(e) place distance markers six feet (6ft.) apart on the outside of the business or establishment, indicating where customers shall stand while waiting to enter the establishment.

(2) A public health officer or a police shall have power to enforce the physical distancing protocol required by these Regulations.

(3) A public health officer or a police may order the immediate closure of a business or establishment or part of the business or establishment for failure of the business or establishment to comply with the physical distancing protocol as required by these Regulations and if the public health officer or police officer determines that the business operation or its surroundings are unsafe.

Education and religious instruction

15. (1) For the purposes of preventing, controlling and suppressing the spread of Covid-19, all educational places of instruction shall remain closed.

(2) For the purposes of preventing, controlling and suppressing the spread of Covid-19, all religious places of worship shall remain closed until 10th May 2020:

Provided that no more than the maximum number of ten (10) persons shall be allowed to be inside at any given time and the physical distancing protocols shall apply:

Provided further that a religious place of worship may have more than one service per day, if necessary, in order to facilitate physical distancing.

Restriction on social activities

16. No person shall host or attend—

(a) any social activities of any description, including a wedding; or

(b) any funeral, save except ten (10) members of the immediate family and at least on officiant and essential mortuary staff, which shall be approved by the Chief Medical Officer.

Restriction on domestic travel

17.(1) No person shall offer for hire or seek to travel on any—

(a) public service vehicle transportation or any public transportation save for persons who are essential workers or authorised under regulation 7(1); or

(b) interisland private or commercial air or sea transport that is non-essential:

Provided that an airline or a boat shall reduce the number of persons traveling on interisland transportation to permit physical distancing:

Provided further that travel for the purposes of banking, doctor and hospital visits, emergencies and cargo shall be considered as essential travel.

(2) Travel between the islands of Grand Turk and Salt Cay and between the islands of Middle Caicos and North Caicos is unrestricted provided physical distancing requirements are observed.

Public beaches

18. Subject to subregulation (2), all public beaches shall be reopened from 4th May 2020 subject to the following conditions—

(a) physical distancing requirements shall be observed;

(b) no gathering of more than four (4) adult persons outside the same household;

(c) no alcohol should be taken onto or consumed on the beach;

(d) no sports shall be allowed on the beach, except inpidual fitness activities.

Restriction on visitation

19. (1) No person shall visit or be permitted to visit—

(a) any place of quarantine or isolation station;

(b) a patient in a hospital or facility, except a responsible adult in the case of a child; or

(c) residential care establishment.

(2) Limited visitation will be permitted for a detainee in a detention centre, prison or police cell, with the appropriate application of physical distancing due to the vulnerability of these populations.

Power to requisition any building, ship or aircraft, etc.

20. (1) Where the Governor is satisfied that it is reasonably required for any statutory purpose so to do for the duration of the emergency or any period therein, Governor may give notice, in writing, to the person having control of any building, vehicle, ship in the Islands, or of any aircraft or article of any description in the Islands, of having requisitioned a building, vehicle, ship, aircraft or article.

(2) Where the Governor requisitions any building, ship, aircraft or article under subregulation (1) the Governor may, by himself or any other person under his direction, take possession of the building, ship, aircraft or article and do to or in relation to such building, ship, aircraft or article, anything which might lawfully have been done by the owner of such building, ship, aircraft or article as if such building, ship, aircraft or article had not been requisitioned under these Regulations, and may use such building, ship, aircraft or article for any purpose for which such building, ship, aircraft or article might lawfully have been used if it had not been so requisitioned.

(3) At the conclusion of the requisition, the Governor shall make prompt and adequate compensation in the circumstances to the owner or occupier of such building, ship, aircraft or article.

Power to requisition essential services

21. (l) Where the Governor is satisfied that it is reasonably required so to do for the duration of the emergency or any period therein, he may give notice, in writing, for the requisition of any essential service to the person having the management or control of any essential service requisitioning such service with effect from such date as may be specified in such notice.

(2) Where any essential service is requisitioned under subregulation (1), the Governor shall by instrument in writing appoint some person as controller of the service requisitioned.

(3) Upon the appointment of some person as controller of any essential service, such person shall be entitled to take possession of all premises and assets of every description (other than money or securities for money) which, immediately before the giving of the notice by which such service was requisitioned, were used or intended to be used for the purposes of such service and, in relation to any premises and assets so taken possession of, and in relation to the service so requisitioned, to do or cause to be done any act or thing which might lawfully have been done by the person having control of such service if the service had not been so requisitioned.

(4) In this regulation—

“essential services” means any service established, maintained or operated by the Government, or by any public or private enterprise, or otherwise, for—

(a) the collection, storage, purification or distribution of water for use by the public or any class of the public;

(b) the collection, storage, treatment and disposal of sewage or garbage or refuse;

(c) the manufacture, storage or distribution of fuel (including gasoline, propane, diesel) for use by the public or any class of the public;

(d) the provision of medical service, electricity services or telecommunication services (including internet); or

(e) the removal, handling or burial of deceased persons or disposal of dead animals.

Power to stop, detain and arrest

22. (1) Where an authorised person has reasonable cause to believe that a person is in violation of these Regulations, he may stop, detain, question and arrest such person and confiscate any vehicle being used by that person, if he considers it necessary so to do.

(2) Any person who assaults, obstructs, hinders or resists or uses any threatening or abusive language or aids or incites any other person to assault, obstruct, hinder or resist any authorised person in the execution of his duty under this regulation, commits an offence.

(3) The owner or person last having control of a vehicle confiscated under subsection (1) shall pay the cost in respect of towing away of the vehicle or storage of the vehicle.

(4) For the purposes of these Regulations, an “authorised person” means—

(a) any member of the Royal Turks and Caicos Islands Police Force, any other law enforcement officer, or a prison officer; or

(b) any person authorised by the Governor to do the act in relation to which the expression is used.

Obstruction

23. No person shall obstruct the Chief Medical officer, any health officer, public officer, police officer, any other law enforcement officer, or any prison officer, acting in the course of his duty as such, or any person exercising any powers or performing any duties conferred or imposed on him by or under any of these Regulations, or otherwise discharging any lawful functions in connection with the performance of any statutory purpose.

Price gouging

24. (1) No person shall declare the sale or offer for sale of goods during this period of public emergency at an unconscionable price.

(2) In this regulation “unconscionable price” means an amount the represents a “gross disparity” between the price of the goods charged and the average price of the same item during the thirty days immediately prior to the declared state of emergency, providing that the increased price is not directly attributable to additional costs.

Forfeiture upon conviction

25. Upon the conviction of any person for an offence against regulation 4(1), the Court, in addition to any other penalty it may impose may order that any property including any vehicle used in the commission of the offence, be forfeited to the Government.

Publication of false statements

27. No person shall publish or cause to be published, posted or re-posted, over any media platform inclusive of social media, any purported news or report, or purported statement of fact, knowing or have reasonable cause to suspect that the same —

(a) is untrue or false; or

(b) may incite public fear, panic or ethnic hatred.

Offence

29. Any person who contravenes these Regulations commits and offence and is liable on summary conviction to a fine of five thousand dollars or to a term of imprisonment for three months, or to both such fine and imprisonment. 17

Revocation

30. Regulation 8(3) of the Emergency Powers (Covid-19)(No. 3) Regulations 2020 is revoked.

MADE this ^2nd day of May 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE
(This Note is not part of the Regulations)

These Regulations seek to—

(a) impose a night time curfew to 8:00 p.m. to 5:00 a.m. beginning on 4th May 2020 until 25th May 2020;

(b) impose other measures considered necessary to prevent, control and suppress the spread of COVID-19 (Coronavirus);

(c) provide for a phased reopening of businesses and activities starting on 4th May 2020 for certain businesses and activities

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(Legal Notice 37 of 2020)

WHEREAS section 3(1) of the Emergency Powers Ordinance and article 5(1) of the Emergency Powers (Overseas Territories) Order 2017 provide that if the Governor is satisfied that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease, or other calamity whether similar to the foregoing or not, or that any action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community or any substantial part of the community of supplies or services essential to life, the Governor may by proclamation (hereinafter called a Proclamation of Emergency) declare that a state of emergency exists;

AND WHEREAS in conformity with section 3(1) of the Emergency Powers Ordinance and article 5(1) of the Emergency Powers (Overseas Territories) Order 2017, the Governor, on the advice of the Cabinet, made a Proclamation dated the 20th March 2020 declaring that a state of public emergency exists in the Turks and Caicos Islands owing to the threat of COVID-19 to the Turks and Caicos Islands. The Proclamation took effect on 24th March 2020 at midnight and expired on 23rd April 2020 at midnight;

AND WHEREAS on being satisfied that, the confirmation of the presence of COVID-19 in the Turks and Caicos Islands continued to constitute a serious threat to the Turks and Caicos Islands and that in order to control or contain the spread of COVID-19 in the Islands, a state of public emergency continued to exist in the Turks and Caicos Islands as a result of the aforementioned circumstances, the Governor, on the advice of the Cabinet, made a Proclamation on 11th April 2020 declaring that a state of public emergency continued to exist in the Turks and Caicos Islands. The Proclamation took effect on 23rd April 2020 and will expire of 4th May 2020 at 6:00 a.m.;

AND WHEREAS I am satisfied that, the presence of COVID-19 in the Turks and Caicos Islands continues to constitute a serious threat to the Turks and Caicos Islands and that in order to control or contain the spread of COVID-19 in the Islands, a state of public emergency continues to exist in the Turks and Caicos Islands as a result of the aforementioned circumstances;

NOW THEREFORE, I, NIGEL DAKIN, Governor of the Turks and Caicos Islands, acting with the advice of the Cabinet and in exercise of the powers conferred upon me by section 3(1) of the Emergency Powers Ordinance and article 5(1) of the Emergency Powers (Overseas Territories) Order 2017, for the purpose of controlling or containing the spread of COVID-19 in the Turks and Caicos Islands DO HEREBY PROCLAIM and DECLARE that a state of public emergency exists in the Turks and Caicos Islands.

This Proclamation shall enter into force on 4^th May 2020 at 6:01 a.m. and expires on 1st June 2020 at 6:00 a.m.

MADE this 2^nd day of May 2020.

NIGEL DAKIN
GOVERNOR

GOD SAVE THE QUEEN

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(Legal Notice 31 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Curfew
4. Shelter in place
5. Work remotely from home
6. Public service
7. Closure of businesses and exceptions
8. Closure of airports and sea ports
9. Power to order self-isolation,
10. Screening requirements
11. Duty to provide information
12. Application to Justice of the Peace
13. Authority to apprehend
14. Physical distancing protocols
15. Education and religious instruction
16. Restriction on social activities
17. Restriction on domestic travel
18. Closure of public beaches
19. Restriction on visitation
20. Power to requisition any building, ship or aircraft,
21. Power to requisition essential services
22. Power to stop, detain and arrest
23. Obstruction
24. Price gouging
25. Forfeiture upon conviction
26. Governor’s power to grant or limit exception
27. Publication of false statements
28. Offence
29. Revocation

MADE by the Governor under section 4(1) of the Emergency Powers Ordinance and article 6(1) of the Emergency Powers (Overseas Territories) Order 2017 (S.I. 2017 No. 181), and acting on the advice of the Cabinet.

Citation, commencement and expiry

1. These Regulations may be cited as the Emergency Powers (COVID-19)(No. 3) Regulations 2020 and shall come into operation on 15 April 2020 and shall, except for regulation 8(3), expire on 4 May 2020 at 6:00 a.m.

Interpretation

2. In these Regulations—

“aircraft” includes any aeroplane or helicopter or other means of airborne navigation by means of which a person can travel across international borders;

“airport” means an area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft, and which is designated an airport under the Airports Authority Ordinance;

“CDC” means the Centres for Disease control and Prevention; “child” means a person under the age of eighteen years; “responsible adult” means, in relation to a child, a person with

parental responsibility for the child (within the meaning of the Children (Care and Protection) Ordinance or a person who has custody or charge of the child for the time being;

“ship” means every description of vessel used in navigation however propelled;

“virus” means the virus known as Covid-19;

“visitor” has the meaning assigned to that term in the Immigration Ordinance.

Curfew

3. For the purpose of preventing, controlling and supressing the spread of the virus, a twenty-four hours curfew is hereby imposed throughout the Islands, commencing from midnight on Tuesday 14 April 2020 to 6:00 a.m. on Monday 4 May 2020.

Shelter in place

4. (1) For the purposes of preventing, controlling and suppressing the spread the virus, every person shall, during the curfew period under regulation 3, remain confined to their place of residence (inclusive of their yard space) to avoid contact outside of their family, except—
   • essential workers, who are directed to report to work by the person in charge of the service;
   • workers who are required to work for businesses under regulation 7;
   • for essential travel to and from the doctor, grocery store, bank, pharmacy or to refuel;
   • for outdoor exercise, whether alone or together with a family member living under the same roof, not exceeding an hour and a half per day between the hours of 5:00 a.m. to 9:00 a.m. and 5:00 p.m. to 7:00 m.;
   • to attend urgent meetings of the Cabinet;
   • to attend urgent meetings of the House of Assembly:

Provided that such person shall, at all times, adhere to the physical distancing requirement specified in these Regulations, distancing himself at least six feet (6 ft.) from any other person.

• For the purposes of this regulation, an “essential worker” includes essential officers of—
  • the Royal Turks and Caicos Islands Police Force and 911 Centre;
  • the Fire Services;
  • Her Majesty’s Prisons;
  • the Environmental Health Department;
  • the Department of Immigration;
  • the Customs Department;
  • the Airports Authority;
  • the Civil Aviation Authority;
  • the Ports Authority;
  • the National Insurance Board;
  • the National Health Insurance Board;
  • the Office of the Director of Public Prosecution;
  • the Attorney General’s Chambers;
  • the Judiciary;
  • waste disposal and sanitation companies;
  • the Emergency Medical Services Department;
  • Public Health;
  • any hospital, health care or medical facility;
  • any water, electricity, telecommunications (including internet services) or other sector encompassing the provision of electronic communications including print and electronic media.
  • All essential workers shall at all times carry personal identification.
  • A person who is exempted under subregulation (1)(a),
    • or (c) shall use the most direct routes of travel from his home to his place of work or such other places mentioned in paragraph
    • and back to his home directly without making
  • For the purpose of subregulation (1)(d)—
    • exercise includes the walking of a pet;
    • exercise shall not be carried out in a public pool, a public gym, around or in a strata pool or strata gym;
    • water sports, including kite boarding and paddle boarding, are not
  • Persons are prohibited from driving from their homes to engage in daily exercise.

Work remotely from home

5. (1) For the purposes of preventing, controlling and suppressing the spread of the virus, all businesses and offices may only continue their business operations by allowing their employees to work remotely from home utilising virtual means, unless those workers are permitted to work under regulation 7 or are designated as being essential workers under regulation 4.

• Where a business is unable to have employees work remotely from home, that business shall cease it

Public service

6. For the purposes of preventing, controlling and suppressing the spread of the virus, all persons employed within the public service, unless specifically designated essential workers, shall work remotely from home.

Closure of businesses and exceptions

7. (1) For the purposes of preventing, controlling and suppressing the spread of the virus, all establishments, institutions, businesses, offices, stores and organisations shall suspend operations to the general public except for the following which may remain open for any period within the specified time

• wholesale or retail grocery store, from 6:00 a.m. to 7:00 p.m., the first two shopping hours to be reserved for seniors, disabled persons and essential workers;
• food delivery service from 6:00 a.m. to 7:00 m.;
• doctor’s offices, hospitals or medical facilities;
• pharmacies, from 6:00 a.m. to 5:00 m.;
• gas stations and fuel delivery service, from 6:00 a.m. to 5:00 p.m.;
• medical supply establishments;
• hotels, excluding any casinos, spas, gyms, discotheques and restaurants therein, however such restaurants may offer room service;
• banks from 9:00 a.m. to 5:00 m.;
• commercial ports and related businesses;
• ferry service for emergency cases (but not non- essential travel);
• commercial aviation from 6:00 a.m. to 5:00 m.
• airports, subject to regulation 3;
• laundromats and wash houses for hygienic purposes from 6:00 a.m. to 5:00 m.;
• pet food store from 6:00 a.m. to 5:00 m.;
• any water depot facility from 9:00 a.m. to 5:00 p.m.;
• agriculture and fisheries businesses from 5:00 a.m. to 6:00 m.;
• security services business;
• courier services form 6:00 a.m. to 5:00 m.;
• such other businesses or undertakings as may be specifically exempted in writing by the Governor:

Provided that such businesses shall remain closed on Wednesday and Sunday each week.

• The owner or operator of a business or establishment specified in subregulation (1)(a) to (r) shall restrict the number of customers inside their place of business at any one time so that each customer is enabled to distance himself at least six feet (6ft.) from any other
• Every person in such establishment or business shall distance themselves from other persons at a minimum of six feet (6ft.) from any other
• Only one member of a household may attend a grocery store (supermarket) in order to shop for a family or enter a bank to carry out essential transactions, unless an exemption is granted for a carer.

Closure of airports and sea ports

8. (1) For the purposes of preventing, controlling and suppressing the spread of the virus—
   • all airports shall be closed to regional and international flights, whether commercial or private;
   • all sea ports shall be closed to regional and international seafaring; and
   • no person shall be permitted to enter or transit through the Turks and Caicos

• The restriction contained in subregulation (1) does not apply to—
  • outgoing flights or outgoing ships, as the case may be;
  • cargo flights or cargo ships, as the case may be;
  • courier flights;
  • medevac flights;
  • technical stops (stops by aircraft to refuel and proceed onward to another destination);

• emergency flights approved by the Civil Aviation Authority and the Airports Authority; or
• naval vessels, however no person shall be allowed on or off the vessel with the exception of Chief Medical Officer or other public health
• No cruise ship shall be permitted to enter the Islands and no cruise port shall be permitted to operate until 30 June 2020, subject to guidance from the CDC and the cruise industry.

Power to order self-isolation, etc.

9. (1) Without prejudice to any other powers conferred by these Regulations, any person who, in the opinion of the Chief Medical Officer or a health officer, has been exposed to the risk of infection by the virus, may, at the discretion of the Chief Medical Officer or health officer, be required to remain at home or such other place of quarantine as specified by the Chief Medical Officer of health officer for the purposes of surveillance by the Chief Medical Officer or a medical officer, for a period of fourteen

• Any person required to remain at home or place in quarantine pursuant to subregulation (1)—
  • shall furnish to the Chief Medical Officer or health officer all such information as may reasonably be required and shall comply with the orders and instructions of the Chief Medical Officer or health officer; and
  • shall undergo such medical and clinical examinations as the Chief Medical Officer or health officer may require and shall submit himself and his personal effects or other articles to disinfection and other measures as the Chief Medical Officer or health Officer may
• Any responsible adult or person in charge of a child or person under disability shall be responsible for the compliance of such child or person with the requirements and provisions of this regulation.

Screening requirements

10. (1) For the purposes of these Regulations, the screening and clinical examination requirements, in relation to a person are requirements to the effect that a person shall—
    • answer questions about his health or other relevant circumstances (including travel history and information about other individuals with whom he may have had contact);

• produce any documents which may assist a medical officer in assessing his health;
• at such time as a medical officer may specify, allow a medical officer, to take a biological sample the person, including a sample of his respiratory secretions or blood, by appropriate means including by swabbing his nasopharyngeal cavity, or provide such a sample; and
• provide sufficient information to enable the person to be contacted immediately by a medical officer during such period as a medical officer may specify, where the medical officer considers that such provision of information is necessary in order to reduce or remove the risk of the person infecting or contaminating others.

• Where the person is a child and is accompanied by a responsible adult, the responsible adult shall—
  • ensure that the child answers questions in accordance with subregulation (1)(a);
  • answer the questions if the child is unable to do so or cannot reliably do so;
  • produce any documents, required under subregulation (1)(b), on the child’s behalf;
  • allow a medical officer, to take a biological sample of the child, including a sample of the child’s respiratory secretions or blood, by appropriate means including by swabbing the child’s nasopharyngeal cavity, or provide such a sample; and
  • provide information where required by a medical officer under subregulation (1)(d).

Duty to provide information

11. (1) The Chief Medical Officer may, request any person to provide to the Chief Medical Officer with such information the Chief Medical Officer considers necessary to assess what precautions should be taken to prevent the spread of the virus in the

(2) A person who is requested to provide information to the Chief Medical Officer pursuant to subregulation (1) shall provide the information so requested.

Application to Justice of the Peace

12. (1) Where a person has failed to comply with an order by the Chief Medical Officer or a health officer made under these Regulations, to take the necessary precautions to prevent the transmission in the Islands of the virus, the Chief Medical officer or a health officer may make an application to a Justice of the Peace that the person has failed to comply with the

• Where the Justice of the Peace is satisfied with the application made under subregulation (1), he may, order that the person who has failed to comply with the requirements—
  • be taken into custody and be placed in quarantine;
  • be examined by a medical practitioner or health officer to ascertain whether or not the person is infected with the virus; or
  • be treated for the virus, where on examination of such person it is found that he is infected with the virus.

Authority to apprehend

13. (1) An order made under regulation 6 is authority for the Chief Medical Officer or a health officer to direct a police officer to—
    • locate and apprehend the person who is the subject of the order; and
    • deliver the person who is the subject to the order to the place of quarantine named in the order, or to a medical practitioner for

• The police officer shall do all things reasonably able to be done to locate, apprehend and deliver the person to the place of quarantine specified in the
• The police officer who apprehends a person who is the subject of an order pursuant to subregulation (2) shall promptly—
  • inform the person of the reasons for the apprehension and of the person’s right to retain and instruct counsel without delay; and
  • tell the person where the person is being
• An order made under regulation 6 is authority to detain the person who is the subject of the order in the place of quarantine named in the order and to care for and examine the person and to treat the person for the virus in accordance with generally accepted medical practice for such period as the Chief Medical Officer or health officer shall determined.

Physical distancing protocols

14. Every business establishment shall—
    • ensure that all customers and staff maintain physical distancing of no less than six feet (6ft.) in or outside their business;
    • determine the number of persons that may be permitted in the establishment at any one time by permitting one person for every thirty square feet of store space;
    • place distance markers six feet (6ft.) apart, indicating where each customer must stand on a line at a check out point; and
    • place distance markers six feet (6ft.) apart on the outside of the establishment, indicating where customers must stand while waiting to enter the establishment.

Education and religious instruction

15. For the purposes of preventing, controlling and suppressing the spread of the virus—
    • educational places of instruction shall remain closed; and
    • all religious places of worship shall remain closed.

Restriction on social activities

16. No person shall host or attend—
    • any social activities of any description, including a wedding; or
    • a funeral, except ten members of the immediate family and at least on officiant and essential mortuary staff, which is approved by the Chief Medical Officer.

Restriction on domestic travel

17. No person shall offer for hire or seek to travel on any—
    • public service vehicle transportation or any public transportation save for persons who are authorised under regulation 7(1); or
    • interisland private or commercial air or sea transport that is non-essential:

Provided that airlines or boat shall reduce the number of persons traveling on interisland flights to permit physical distancing;

Provided also that travel for the purposes of banking, doctor and hospital visits, emergencies and cargo is essential travel;

Provided further that the Governor may vary any of the requirements above by Order.

Closure of public beaches

18. All public beaches shall be closed to all activities, including kite boarding and paddle boarding.

Restriction on visitation

19. No person shall visit or be permitted to visit—
    • any place of quarantine or isolation station;
    • a patient in a hospital or facility, except a responsible adult in the case of a child;
    • residential care establishment; or
    • a detainee in a detention centre, prison or police cell.

Power to requisition any building, ship or aircraft, etc.

20. (1) Where the Governor is satisfied that it is reasonably required for any statutory purpose so to do for the duration of the emergency or any period therein, Governor may give notice, in writing, to the person having control of any building, vehicle, ship in the Islands, or of any aircraft or article of any description in the Islands, of having requisitioned a building, vehicle, ship, aircraft or

• Where the Governor requisitions any building, ship, aircraft or article under subregulation (1) the Governor may, by himself or any other person under his direction, take possession of the building, ship, aircraft or article and do to or in relation to such building, ship, aircraft or article, anything which might lawfully have been done by the owner of such building, ship, aircraft or article as if such building, ship, aircraft or article had not been requisitioned under these Regulations, and may use such building, ship, aircraft or article for any purpose for which such building, ship, aircraft or article might lawfully have been used if it had not been so
• At the conclusion of the requisition, the Governor shall make prompt and adequate compensation in the circumstances to the owner or occupier of such building, ship, aircraft or article.

Power to requisition essential services

21. (l) Where the Governor is satisfied that it is reasonably required so to do for the duration of the emergency or any period therein, he may give notice, in writing, for the requisition of any essential service to the person having the management or control of any essential service requisitioning such service with effect from such date as may be specified in such

• Where any essential service is requisitioned under subregulation (1), the Governor shall by instrument in writing appoint some person as controller of the service
• Upon the appointment of some person as controller of any essential service, such person shall be entitled to take possession of all premises and assets of every description (other than money or securities for money) which, immediately before the giving of the notice by which such service was requisitioned, were used or intended to be used for the purposes of such service and, in relation to any premises and assets so taken possession of, and in relation to the service so requisitioned, to do or cause to be done any act or thing which might lawfully have been done by the person having control of such service if the service had not been so
• In this regulation—

“essential services” means any service established, maintained or operated by the Government, or by any public or private enterprise, or otherwise, for—

• the collection, storage, purification or distribution of water for use by the public or any class of the public;
• the collection, storage, treatment and disposal of sewage or garbage or refuse;
• the manufacture, storage or distribution of fuel (including gasoline, propane, diesel) for use by the public or any class of the public;
• the provision of medical service, electricity services or telecommunication services (including internet); or
• the removal, handling or burial of deceased persons or disposal of dead animals.

Power to stop, detain and arrest

22. (1) Where an authorised person has reasonable cause to believe that a person is in violation of these Regulations, he may stop, detain, question and arrest such person and confiscate any vehicle being used by that person, if he considers it necessary so to do.

• Any person who assaults, obstructs, hinders or resists or uses any threatening or abusive language or aids or incites any other person to assault, obstruct, hinder or resist any authorised person in the execution of his duty under this regulation, commits an
• For the purposes of these Regulations, an “authorised person” means—
  • any member of the Royal Turks and Caicos Islands Police Force, any other law enforcement officer, or a prison officer; or
  • any person authorised by the Governor to do the act in relation to which the expression is used.

Obstruction

23. No person shall obstruct the Chief Medical officer, any health officer, public officer, police officer, any other law enforcement officer, or any prison officer, acting in the course of his duty as such, or any person exercising any powers or performing any duties conferred or imposed on him by or under any of these Regulations, or otherwise discharging any lawful functions in connection with the performance of any statutory purpose.

Price gouging

24. (1) No person shall declare the sale or offer for sale of goods during this period of public emergency at an unconscionable

(2) In this regulation “unconscionable price” means an amount the represents a “gross disparity” between the price of the goods charged and the average price of the same item during the thirty days immediately prior to the declared state of emergency, providing that the increased price is not directly attributable to additional costs.

Forfeiture upon conviction

25. Upon the conviction of any person for an offence against regulation 4(1), the Court, in addition to any other penalty it may impose may order that any property including any vehicle used in the commission of the offence, be forfeited to the Government.

Governor’s power to grant or limit exception

26. (1) Notwithstanding regulation 4(2) or 7(1), the Governor may, by notice in writing, and subject to such conditions and restrictions as he deems fit to impose—
    • approve the inclusion of persons and businesses as falling within regulation 4(2) or 7(1), as the case may be; and
    • adjust the opening hours for any business listed under regulation 7(1).

(2) For the purposes of subregulation (1), notice in writing may be by notification on the official Government website or other official means of communication.

Publication of false statements

27. No person shall publish or cause to be published, posted or re-posted, over any media platform inclusive of social media, any purported news or report, or purported statement of fact, knowing or have reasonable cause to suspect that the same —
    • is untrue or false; or
    • may incite public fear, panic or ethnic

Offence

28. Any person who contravenes these Regulations commits and offence and is liable on summary conviction to a fine of five thousand dollars or to a term of imprisonment for three months, or to both such fine and

Revocation

29. The Emergency Powers (Covid-19) Regulations 2020 are repealed.

MADE this 11^th day of April 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE
(This Note is not part of the Regulations)

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(Legal Notice 26 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation and commencement
2. Interpretation
3. Enacting formula amended
4. Regulation 7A amended
5. Regulation 7D amended
6. Regulation 7Q inserted
7. Emergency Powers (COVID-19)(Amendment) Regulations 2020 amended
8. Emergency Powers (COVID-19)(Amendment)(No. 2) Regulations 2020 amended

MADE by the Governor under section 4(1) of the Emergency Powers Ordinance and article 6(1) of the Emergency Powers (Overseas Territories) Order 2017 (S.I. 2017 No. 181), having consulted the Cabinet.

Citation and commencement

1. These Regulations may be cited as the Emergency Powers (COVID-19)(Amendment)(No. 3) Regulations 2020 and shall come into operation on 1^st April 2020.

Interpretation

2. In these Regulations “principal Regulations” mean the Emergency Powers (COVID-19) Regulations 2020.

Enacting formula amended

3. The principal Regulations are amended in the enacting formula by deleting the words “section 3(1) and substituting “section 4(1)”

Regulation 7A amended

4. The principal Regulations are amended in regulation 7A by inserting after subregulation (3) the following subregulations—

“(4) A person who is exempted under subregulation (1)(a), (b) or (c) shall use the most direct routes of travel from his home to his place of work or such other places mentioned in paragraph (c) and back to his home directly without making detours.

• For the purpose of subregulation (1)(d)— (a) exercise includes the walking of a pet;

(b) exercise shall not be carried out in a public pool, a public gym, around or in a strata pool or strata gym.

• Persons are prohibited from driving from their homes to engage in daily exercise.”.

Regulation 7D amended

5. Regulation 7D is amended in subregulation (1)—

• in paragraph (g), by deleting the words “take away or”; and
• by deleting paragraph (n).

Regulation 7Q inserted

6. The principal Regulations are amended by inserting after regulation 7P the following regulation—

“Governor’s power to grant or limit exception

7Q. (1) Notwithstanding regulation 7A(2) or 7D(1), the Governor may, by notice in writing, and subject to such conditions and restrictions as he deems fit to impose—

• approve the inclusions of persons and businesses as falling within regulation 7A(2) or 7D(1), as the case may be; and
• adjust the opening hours for any business listed under regulation 7D(1).

(2) For the purposes of subregulation (1), notice in writing may be by notification on the official Government website or other official means of communication.”.

Emergency Powers (COVID-19)(Amendment) Regulations 2020 amended

7. The Emergency Powers (COVID-19)(Amendment) Regulations 2020 are amended, in the enacting formula by deleting the words “section 3” and substituting “section 4(1)”.

Emergency Powers (COVID-19)(Amendment)(No. 2) Regulations 2020 amended

8. The Emergency Powers (COVID-19)(Amendment)(No.2) Regulations 2020 are amended, in the enacting formula by deleting the words “section 3(1)” and substituting “section 4(1)”.

MADE this 31^st day of March 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE
(This Note is not part of the Regulations)

1. to clarify certain provisions of regulation 7A;
2. to delete drive thru and take away food vendors/restaurants from the list of exceptions;
3. to insert regulation 7Q to enable the Governor to approve the inclusions of persons and businesses as falling within regulation 7A(2) or 7D(1); and to adjust the operating hours for businesses listed under regulation 7D(1).

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(Legal Notice 21 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation and commencement
2. Emergency Powers (COVID-19) Regulations 2020 amended
3. Emergency Powers (COVID-19)(Amendment) Regulations 2020 amended

MADE by the Governor under section 3(1) of the Emergency Powers Ordinance and article 6(1) of the Emergency Powers (Overseas Territories) Order 2017 (S.I. 2017 No. 181), having consulted the Cabinet.

Citation and commencement

1. These Regulations may be cited as the Emergency Powers (COVID-19)(Amendment)(No. 2) Regulations 2020 and comes into operation on 27^th March 2020.

Emergency Powers (COVID-19) Regulations 2020 amended

2. The Emergency Powers (COVID-19) Regulations 2020 are amended—

1. in the enacting formula, by inserting after the word “Ordinance” the words “and article 6(1) of the Emergency Powers (Overseas Territories) Order 2017 (S.I. 2017 No. 181),”;
2. in regulation 7A(2), by inserting after paragraph (h) the following— “(ha) the Ports Authority;”
3. in regulation 7D(1)(i), by deleting “from 6:00 a.m. to 5:00 p.m.”; and
4. in regulation 9, by deleting the words “one thousand dollars” and substituting “five thousand dollars”.

Emergency Powers (COVID-19)(Amendment) Regulations 2020 amended

3. The Emergency Powers (COVID-19) Regulations 2020 are amended, in the enacting formula, by inserting after the word “Ordinance” the words “and article 6(1) of the Emergency Powers (Overseas Territories) Order 2017 (S.I. 2017 No. 181),”.

MADE this 27^th day of March 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE

These Regulations amend the Emergency Powers (Covid-19) Regulations 2020—

1. to add officers of the Ports Authority to the list of essential workers in regulation 7A(2);
2. to delete operating hours for commercial ports and related businesses in regulation 7D(1);
3. to insert reference to the Emergency Powers (Overseas Territories) Order 2017 in the enacting clause;
4. to amend regulation 9 to provide for the imposition of stiffer penalty for contravention of any of the provisions of the Regulations.

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(Legal Notice 20 of 2020)

ARRANGEMENT OF REGULATIONS

WHEREAS the Governor, acting with the advice on the Cabinet, on the 20^th March 2020 made a Proclamation of

Emergency (Proclamation 1 of 2020 (Legal Notice 16 of 2020));

AND WHEREAS the Proclamation of Emergency took effect on 24^th March 2020 at midnight;

AND WHEREAS it is has become necessary to amend the said Proclamation of Emergency;

NOW THEREFORE, in accordance with section 3(1) of the Emergency Powers Ordinance and article 5(1) of the Emergency Powers (Overseas Territories) Order 2017 (2017 No. 181), and acting with the advice of the Cabinet it is hereby proclaimed that the Proclamation of Emergency is amended as follows:

1. after the words “section 3(1) of the Emergency Powers Ordinance” in both places where they occur, insert the words “and article 5(1) of the Emergency Powers (Overseas Territories) Order 2017”;
2. after the words “section 3(2) of the Emergency Powers Ordinance” insert the words “and article 5(2)(b)(i) of the Emergency Powers (Overseas Territories) Order 2017”;
3. after the words “section 4(1) of the Emergency Powers Ordinance” insert the words “and article 6(1) of the Emergency Powers (Overseas Territories) Order 2017”;
4. delete the word “provides” in every place it occurs and substitute “provide.

This Proclamation shall enter into force on 27^th March 2020.

MADE this 27^th day of March 2020.

NIGEL DAKIN
GOVERNOR

GOD SAVE THE QUEEN

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(Legal Notice 18 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation and commencement
2. Emergency Powers (COVID-19) Regulations 2020 amended

MADE this 25^th day of March 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE
(This Note is not part of the Regulations)
These Regulations put in place certain measures considered necessary to prevent, control or mitigate the potential impact of COVID-19 (Coronavirus).

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(Legal Notice 17 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Closure of schools, etc.
4. Screening requirements
5. Duty to provide information
6. Court’s power to order quarantine
7. Restriction on holding of public meeting or social function, etc.
8. Publication of false statements
9. Offence

“aircraft” includes any aeroplane or helicopter or other means of airborne navigation by means of which a person can travel across international borders;

“airport” means an area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft, and which is designated an airport under the Airports Authority Ordinance;

“British Overseas Territories Citizen” has the meaning assigned to that term in section 2(1) of the Immigration Ordinance;

“child” means a person under the age of eighteen years;

“permanent resident” has the meaning assigned to that term in section 2(1) of the Immigration Ordinance

“public meeting” includes a gathering of persons in any public place for the purposes of engaging in the following activities—

1. leisure, recreational or spiritual activities including those organised by service clubs, faith-based organisations, community organisations, civic organisations and business organisations;
2. sporting events;
3. parades and social activities related to such parades, including stage shows and parties;
4. concerts;
5. conventions;
6. conferences;
7. graduations;
8. fundraisers,

and similar activities;

“resident” means a person who is a permanent resident or a British Overseas Territories Citizen;.

“responsible adult” means, in relation to a child, a person with parental responsibility for the child (within the meaning of the Children (Care and Protection) Ordinance or a person who has custody or charge of the child for the time being;

“ship” means every description of vessel used in navigation however propelled;

“Turks and Caicos Islander” has the meaning assigned by section 2 of the Turks and Caicos Islander Status Ordinance;

“virus” means the virus known as Covid-19;

“visitor” has the meaning assigned to that term in the Immigration Ordinance.

6. If on the application of a health officer the court is satisfied that a person who is placed under quarantine has failed to comply with such direction, the court may order him to be placed under quarantine for a period specified in the order and a health officer and any police officer may do all things necessary for giving effect to the order.

7. (1) For the purposes of preventing, controlling and suppressing the spread of the virus, no person shall hold any public meeting, procession or social function of a gathering of twenty-five or more persons in any public place commencing on the date these Regulations come into force until such date as the Governor may by notice specify.
    
   (2) The prohibition contained in subregulation (2) does not extend to any activity in any public place such as the following, subject to such guidelines issued by the Chief Medical Officer—
   (a) health care facilities; and
   (b) supermarkets.

8. No person shall publish or cause to be published, posted or re-posted, over any media platform inclusive of social media, any purported news or report, or purported statement of fact, knowing or have reasonable cause to suspect that the same —
   (a) is untrue or false; or
   (b) may incite public fear, panic or ethnic hatred.

9. Any person who contravenes these Regulations commits and offence and is liable on summary conviction to a fine of one thousand dollars or to a term of imprisonment for three months, or to both such fine and imprisonment.

MADE this 20^th day of March 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE
(This Note is not part of the Regulations)
These Regulations put in place certain measures considered necessary to prevent, control or mitigate the potential impact of COVID-19 (Coronavirus).

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(Legal Notice 16 of 2020)

ARRANGEMENT OF REGULATIONS

WHEREAS section 3(1) of the Emergency Powers Ordinance provides that if the Governor is satisfied that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease, or other calamity whether similar to the foregoing or not, or that any action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community or any substantial part of the community of supplies or services essential to life, the Governor may by proclamation (hereinafter called a Proclamation of Emergency) declare that a state of emergency exists;

AND WHEREAS section 3(2) of the Emergency Powers Ordinance provides that the Governor may at any time by proclamation revoke a Proclamation of Emergency, and as from the date when such revocation takes effect the Proclamation of Emergency shall cease to be in force except in respect of things previously done or omitted to be done;

AND WHEREAS section 4(1) of the Emergency Powers Ordinance provides that when a Proclamation of Emergency has been made, and so long as the Proclamation is in force, it shall be lawful for the Governor to make such Regulations as appear to him to be necessary;

AND WHEREAS section 4(3) of the Emergency Powers Ordinance provides that all Regulations made under that section shall be laid as soon as may be after the making thereof before the House of Assembly and if any such Regulations are not confirmed by the House of Assembly within twenty-one days of the day on which the Regulations are made, the Regulations shall thereupon cease to have effect;

AND WHEREAS I am satisfied that, COVID-19 constitutes a serious and imminent threat to the Turks and Caicos Islands and in order to prevent COVID-19 from entering the Islands, as well as controlling or containing the spread of COVID-19 should it be identified in the Islands, a state of public emergency exists in the Turks and Caicos Islands as a result of the aforementioned circumstances;

NOW THEREFORE, I, NIGEL DAKIN, Governor of the Turks and Caicos Islands, acting with the advice of the Cabinet and in exercise of the powers conferred upon me by section 3(1) of the Emergency Powers Ordinance, for the purpose of preventing, controlling or containing the spread of COVID-19 in the Turks and Caicos Islands DO HEREBY PROCLAIM and DECLARE that a state of emergency exists in the Turks and Caicos Islands.
This Proclamation takes effect on 24th March at midnight.

MADE this 20^th day of March 2020.

NIGEL DAKIN
GOVERNOR

GOD SAVE THE QUEEN

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(Legal Notice 15 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Closure of schools, etc.
4. Refusal of entry of cruise ships to the Islands
5. Restriction on visitation to the prison, etc.
6. Offence

“detention centre” has the meaning assigned by the Immigration Ordinance;

“pre-school” has the meaning assigned by the Education Ordinance;

“prison” has the meaning assigned by the Prisons Ordinance;

“school” has the meaning assigned by the Education Ordinance;

“virus” means the virus known as COVID-19.

6. A person who does not provide any information as required by subregulation 9, or who leaves a specified place or a designated facility when he is placed under quarantine there, commits an offence and is liable on conviction to a fine or to a term of imprisonment.

MADE this 18^th day of March 2020.

NIGEL DAKIN
GOVERNOR

EXPLANATORY NOTE
(This Note is not part of the Regulations)
These Regulations put in place certain measures considered necessary to prevent, control or mitigate the potential impact of COVID-19 (Coronavirus).

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(Legal Notice 14 of 2020)

MADE by the Governor in accordance with regulation 2 of the Public and Environmental Health (Control Measures)(COVID-19) Regulations 2020.

In accordance with regulation 2 of the Public and Environmental Health (Control Measures)(COVID-19) Regulations 2020, I hereby declare the following countries as infected countries for the purposes of the said regulation—

Austria
Belgium
Czech Republic
Denmark
Estonia*
Finland
France
Germany
Greece
Hungary
Iceland
Italy
Latvia*
Liechtenstein*
Lithuania*
Luxembourg
Malta*
Netherlands
Norway
Poland
Portugal
Slovakia
Slovenia
Spain
Sweden
Switzerland
Monaco
San Marino
Vatican City

*countries with no local transmission reported, imported cases only.

This Notice comes in to operation on 20 March 2020.

MADE this 18^th day of March 2020.

NIGEL DAKIN
GOVERNOR

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(Legal Notice 10 of 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation, commencement and expiry
2. Interpretation
3. Refusal of entry of direct flight to the Islands originating from infected country
4. Refusal of entry of cruise ship carrying passenger from infected country
5. Refusal of entry to the Islands by visitors after visit to an infected country
6. Turks and Caicos Islander or resident who have travelled to, from or through infected country may be quarantined
7. Health practitioners, health officer and other persons may be quarantined
8. Court’s power to order quarantine
9. Duty to provide information
10. Offence

10. A person who does not provide any information as required by subregulation 9, or who leaves a specified place or a designated facility when he is placed under quarantine there, commits an offence and is liable on conviction to a fine or to a term of imprisonment.

MADE this 10^th day of March 2020.

ANYA WILLIAMS
ACTING GOVERNOR

EXPLANATORY NOTE
(This Note is not part of the Regulations)
These Regulations put in place certain measures considered necessary to prevent, control or mitigate the potential impact of COVID-19 (Coronavirus).

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(Legal Notice 9 of 2020)

ARRANGEMENT OF SECTIONS

SECTION

1. Citation and commencement
2. Amendment of Schedule 1 to the Public and Environmental Health Ordinance
3. Amendment of Schedule 2 to the Public and Environmental

MADE by the Minister under section 2(2) of the Public and Environmental Health Ordinance.

Citation and commencement

1. This Notice may be cited as the Public and Environmental Health (Infectious and Notifiable Diseases) Notice 2020 and shall come into operation on publication in the Gazette.

Amendment of Schedule 1 to the Public and Environmental Health Ordinance

2. Schedule 1 to the Public and Environmental Health Ordinance is amended by inserting the following— “31. COVID-19 (Coronavirus)”.

Amendment of Schedule 2 to the Public and Environmental Health Ordinance

3. Schedule 2 to the Public and Environmental Health Ordinance is amended by inserting the following— “17. COVID-19 (Coronavirus)”.

MADE this 10^th day of March 2020.

EDWIN ASTWOOD
Minister with responsibility for health