January 26, 2021

Cayman: Control of COVID-19 (No.3) (Amendment) Regulations 2021, published

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CAYMAN ISLANDS

Public Health Act (2002 Revision)

CONTROL OF COVID-19 (NO.3) (AMENDMENT) REGULATIONS, 2021

(SL 3 of 2021)

Supplement No. 1 published with Legislation Gazette No. 2 dated 9th January, 2021.

In exercise of the powers conferred by section 34 of the Public Health Act (2002 Revision), the Cabinet makes the following Regulations

Citation and commencement 1. (1) These Regulations may be cited as the Control of Covid-19 (No.3)
(Amendment) Regulations, 2021. (2) These Regulations come into force on 14th January, 2021.

  1. Repeal and substitution of regulation 3 of the Control of Covid-19 (No. 3) Regulations, 2020 – restrictions on arrival of all persons to the Islands to control the spread of the virus
  2. The Control of Covid-19 (No.3) Regulations, 2020 are amended by repealing regulation 3 and substituting the following regulations —
    “Restrictions on arrival of all persons to the Islands to control the spread of the virus
  3. (1) For the purpose of the control of the spread of the virus, subject to paragraph (5) and notwithstanding any other law, a person over the age of ten years who wishes to enter the Islands shall —

be tested by a polymerase chain reaction (PCR) test for the virus no more than seventy-two hours prior to the departure of the person’s flight to the Islands; and
upon arrival in the Islands —
(i) provide a customs and border control officer with a medical certificate which —
(A) shows that the person had a negative polymerase chain reaction (PCR) test no more than seventy-two hours prior to the departure of the person’s flight to the Islands; and
(B) specifies the name and address of the approved laboratory where the test was performed; and
(ii) comply with the directions of the Medical Officer of Health with regard to any further testing for the virus.



For the purpose of the control of the spread of the virus, subject to paragraph (5) and notwithstanding any other law, where a person arrives in the Islands that person shall, for the purposes of these Regulations, be required by a customs and border control officer, in respect of the person or the person’s dependants —
(a) to complete a medical and travel questionnaire in such form as is provided by the Medical Officer of Health; and
(b) to undergo a medical examination if the customs and border control officer considers that a medical examination is necessary.

Where a person arrives in the Islands, if —

(a) the person is a Caymanian or resident of the Islands, the person shall, for such period from the date of arrival as may be determined by the Medical Officer of Health, for the purpose of surveillance by the Medical Officer of Health, remain at a private residence or such other place of isolation as specified by the Medical Officer of Health and shall be subject to such directions as are provided by the Medical Officer of Health;


(b) the person is a tourist visitor or other visitor, the person shall, for such period from the date of arrival as may be determined by the Medical Officer of Health, for the purpose of surveillance by the Medical Officer of Health, be managed by the Medical Officer of Health at a place specified by the Medical Officer of Health and shall be subject to such directions as are provided by the Medical Officer of Health; and

(c) the person shows respiratory symptoms or symptoms of the virus, the person shall be managed at a place and in such manner as specified by the Medical Officer of Health until the Medical Officer of Health determines that the person is no longer a health risk to the public.

(4) Where a person who arrives in the Islands under paragraph (3) is allowed to isolate at a private residence and there are other occupants who reside at the private residence who intend to stay at the residence during the period of isolation with the person, those occupants shall, for the purpose of the control of the spread of the virus, and for such period as may be determined by the Medical Officer of Health, be subject to such directions as are provided by the Medical Officer of Health.
(5) Paragraphs (1), (2) and (3) do not apply to the crew of any ship or aircraft but a crew member of a ship or aircraft which arrives in the Islands after the date of commencement of these Regulations shall self-isolate after such arrival until the crew member is due to leave the Islands.
(6) For the purpose of this regulation, “approved laboratory” means —

(a) United Kingdom Accreditation Service (UKAS) accredited
laboratories;
(b) the National Health Service of the United Kingdom;
(c) Joint Commission (JC) accredited laboratories;
(d) Joint Commission International (JCI) accredited laboratories;
(e) International Organization for Standardization (ISO) accredited laboratories;
(f) Commission on Office Laboratory Accreditation (COLA) accredited laboratories;
(g) National Public Health laboratories; or
(h) other government approved providers.


(7) A person who contravenes this regulation commits an offence and is liable on conviction to a fine of ten thousand dollars and to imprisonment for two years.

Offence of providing false medical certificate

3A. A person who, in the purported discharge of the requirement under regulation 3(1)(b), provides a customs and border control officer with a false or forged medical certificate commits an offence and is liable, on conviction, to a fine of ten thousand dollars and to imprisonment for two years.”.

Made in Cabinet the 8th day of January, 2021.
Kim Bullings
Clerk of the Cabinet



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