Section 48 and Schedule 18: Powers to act for the protection of public health: Northern Ireland Section 50 and Schedule 20: Power to suspend port operations
This section makes provision for the conferral of powers on the Secretary of State in relation to the suspension of port operation. The Schedule sets out the detail of the provisions.
	Paragraph 1 of the Schedule provides for the Secretary of State to give a written direction to a person concerned in the management of a port arrival (an airport, seaport or international rail terminal) in the UK which requires them to suspend such operations that are specified in the direction. There is a high threshold for the use of the power. Paragraph 1(2) establishes the conditions which must exist before the Secretary of State may give a direction, namely that: the Secretary of State must consider that there is real and significant risk that, due to the incidence or transmission of COVID-19; there are, or will be insufficient Border Force resources available to maintain adequate border security; and, before making a direction, the Secretary of State must have taken all reasonably practicable measures to mitigate the risk. Paragraph 1(3) sets out the details which must be specified in any direction, namely the operator, the specific port operations which are to be suspended, the time at which the direction comes into effect and the duration of the suspension period and any incidental arrangements.
	Paragraph 2 makes provision for the duration of the suspension such that the initial suspension period may last for no longer than six hours and may be extended by notice for a further six hours, subject to the conditions in paragraph 1(2) continuing to be met. Thereafter, the suspension period may be extended for further periods of up to 12 hours on each occasion subject to the same conditions.
	Paragraph 3 provides that, where a direction has been issued under paragraph 1, the Secretary of State may also issue a consequential written direction to other specified parties to make arrangements, or take steps, which are appropriate in connection with the primary direction. For example, where an airport operator had been directed to suspend operations necessary to process arriving passengers and their baggage, a consequential direction may be issued to NATS, as an air navigation service provider, to require that arriving flights are diverted to an alternative port of arrival.
	Paragraph 3 also establishes the details which must be specified in a direction and provides examples of the types of things that may be included, such as a period of time for which the direction is to remain in effect.
	Paragraph 4 requires the Secretary of State to notify the relevant Ministers in the Devolved Administrations when a direction or notice is issued.
	Paragraph 5 gives the Secretary of State a power to revoke a direction or notice. This ensures that, in the event that the risk to border security reduces to the extent that it is no longer necessary for port operations to remain suspended, any direction or notice may be cancelled before it expires.
	Paragraph 6 makes provision for an offence for failing to comply with a direction under this section without reasonable excuse and sets the level of penalties where a person is guilty of an offence under this paragraph.
	The territorial extent and application of this section and Schedule is England and Wales, Scotland and Northern Ireland.