xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Statutory Instruments

2020 No. 567

Public Health, England

Transport

The Health Protection [F1(Coronavirus, Public Health Information for International Passengers) (England)] Regulations 2020

Made

at 10.11 a.m. on 3rd June 2020

Laid before Parliament

at 2.30 p.m. on 3rd June 2020

Coming into force

8th June 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45B(1)(a) and (2)(e) and (g), 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984 M1.

Textual Amendments

Marginal Citations

M11984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

Citation, commencement and applicationE+W

1.—(1) These Regulations may be cited as the Health Protection [F2(Coronavirus, Public Health Information for International Passengers) (England)] Regulations 2020.

(2) These Regulations come into force on 8th June 2020.

(3) These Regulations apply in relation to England only.

Textual Amendments

Commencement Information

I1Reg. 1 in force at 8.6.2020, see reg. 1(2)

InterpretationE+W

2.  In these Regulations—

“authorised person” means—

(a)

in relation to passengers arriving [F3or departing] by sea, the Secretary of State for Transport;

(b)

in relation to passengers arriving [F3or departing] by air, the Civil Aviation Authority;

(c)

in relation to passengers arriving [F3or departing] by rail, the Office of Rail and Road;

“common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M2;

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus);

“the information requirement” means the requirement in regulation 3(1);

[F4“operator” means operator of a relevant service, except—

(a)

in regulations 3(7), 3(9), 3(9A), 6 and 7, where it means operator of a relevant service or relevant outbound service,

(b)

in the definition of “outbound operator”;]

[F5“the outbound information requirement” means the requirement in regulation 3(2A);

“outbound operator” means operator of a relevant outbound service;]

“port” means—

(a)

any port (including a seaport, airport or heliport); or

(b)

a place which is an authorised terminal control point for international services for the purposes of sections 11 and 12 of the Channel Tunnel Act 1987 M3;

[F6“relevant outbound service” means a commercial transport service on which passengers travel from England to outside the common travel area on a vessel, aircraft or train;]

“relevant service” means a commercial transport service on which passengers travel to England from outside the common travel area on a vessel, aircraft or train;

“vessel” means a vessel which is 24 metres or more in length.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M31987 c.53. See section 13(5) of that Act.

Information requirementE+W

3.—(1) Subject to the following provisions of this regulation, an operator must ensure that a passenger who arrives at a port on a relevant service outside an exemption period has been provided with the [F7information required by regulation 4 and in the manner required by that regulation] at each of the times specified in paragraph (2).

(2) The times are—

(a)where prior to departure a booking was made for the passenger to travel on the relevant service, before the booking was made;

[F8(aa)where, at least 48 hours prior to the scheduled departure time of the relevant service, a booking was made for the passenger to travel on it, between 24 and 48 hours prior to the scheduled departure time of that service;]

(b)where prior to departure the passenger was checked in to travel on the relevant service, at the time of check-in; and

(c)while the passenger was on board the vessel, aircraft or train.

[F9(2A) Subject to the following provisions of this regulation, an outbound operator must ensure that a passenger who departs from a port on a relevant outbound service at a relevant time has been provided with the information required by regulation 4 and in the manner required by that regulation at each of the times specified in paragraph (2B).

(2B) The times are—

(a)where prior to departure a booking was made online for the passenger to travel on the relevant outbound service, before the booking was made; and

(b)where, at least 48 hours prior to the scheduled departure time of the relevant outbound service, a booking was made for the passenger to travel on it, at least 24 hours prior to the scheduled departure time of that service.

(2C) Paragraph (2A) does not apply in relation to a passenger who arrives in England on a relevant service and later departs from England on a relevant outbound service if both journeys are part of the same booking.]

(3) [F10Paragraphs (2)(a) and (2)(aa) apply] only if the booking was made after these Regulations come into force and not during an exemption period.

(4) Paragraph (2)(b) applies only if the check-in took place after these Regulations come into force and not during an exemption period.

[F11(4A) Paragraph (2B) applies only if the booking was made—

(a)after that provision comes into force; and

(b)at a relevant time.]

(5) If another person (A) made the booking on behalf of the passenger (whether or not A is also a passenger on the relevant service), the information requirement is to be treated as complied with, as regards the time set out in paragraph (2)(a), if the required information was provided to A in the required manner before the booking was made, along with a written request that A provide that information to the passenger unless A considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.

[F12(5A) If another person (A) made the booking on behalf of the passenger (whether or not A is also a passenger on the relevant service), the information requirement is to be treated as complied with, as regards the time set out in paragraph (2)(aa), if the required information was provided to A in the required manner between 24 and 48 hours prior to the scheduled departure time of the relevant service, along with a written request that A provide that information to the passenger unless A considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.]

(6) If another person (B) checked in on behalf of the passenger (whether or not B is also a passenger on the relevant service), the information requirement is to be treated as complied with, as regards the time set out in paragraph (2)(b), if the required information was provided to B in the required manner at the time of check-in, along with a written request that B provide that information to the passenger unless B considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.

[F13(6A) In relation to a booking on a relevant outbound service—

(a)paragraphs (5) and (5A) apply as if a reference in those paragraphs to—

(i)“the relevant service” was to “the relevant outbound service”; and

(ii)“the information requirement” was to “the outbound information requirement”;

(b)paragraph (5) applies as if the reference, in that paragraph, to paragraph (2)(a) was to paragraph (2B)(a);

(c)paragraph (5A) applies as if—

(i)the reference, in that paragraph, to paragraph (2)(aa) was to paragraph (2B)(b); and

(ii)for “between 24 and 48 hours” there was substituted “at least 24 hours”.]

(7) An operator who fails to comply with the information requirement [F14or outbound information requirement] is guilty of an offence.

(8) An offence under paragraph (7) is punishable on summary conviction by a fine.

(9) In relation to the requirement to provide the required information at the time set out in paragraph (2)(a) [F15, (aa)] or (b), [F16or (2B)(a) or (b),] it is a defence for the purposes of paragraph (7) if the operator can demonstrate that—

(a)the booking or check-in process was not managed directly by the operator; and

(b)the operator took reasonable steps to ensure that the person managing the process would provide the required information at that time and in the required manner.

[F17(9A) If, following the coming into force of any provision which amends the information required to be provided by regulation 3, an operator provides information to a passenger that would have complied with the information requirement [F18or outbound information requirement] but for the coming into force of that amending provision, it is a defence for the operator to show that it was not reasonably practicable for the amended information to be provided.]

(10) In this regulation—

“exemption period” means a period when the information requirement does not have effect by virtue of regulation 5(1);

[F19“relevant time” means a time when paragraph 2A(1) (requirement to carry travel declaration) of Schedule 3A to the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 is in force.]

F20...

F20...

Textual Amendments

Commencement Information

I3Reg. 3 in force at 8.6.2020, see reg. 1(2)

Required information and mannerE+W

[F214.—(1) For the purposes of regulation 3(2)(a), the required information—

(a)in the case of online bookings—

(i)must be displayed prominently on an operator’s website or mobile application,

(ii)is the information specified in Part 1 of the Schedule and a hyperlink to each of the relevant websites,

(b)in the case of telephone bookings—

(i)must be provided orally,

(ii)is the information specified in Part 1 of the Schedule,

(c)in the case of in-person bookings—

(i)must be provided orally or in writing,

(ii)where provided orally, is the information specified in Part 1 of the Schedule,

(iii)where provided in writing, is a written notice which informs passengers of the requirements to provide information [F22, to possess notification of a negative test result] [F23, to book, pay for and undertake tests] and to self-isolate in regulations 3 [F24, 3A] [F25, 3B] and 4 of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the International Travel Regulations”).

(2) For the purposes of regulation 3(2)(aa), the required information—

(a)must be provided by text message, push notification, email or orally,

(b)where provided by text message or push notification, is text which—

(i)informs passengers of the requirements to provide information in regulation 3 of the International Travel Regulations and that penalties apply for failure to comply with those requirements,

(ii)includes a hyperlink to https://www.gov.uk/provide-journey-contact-details-before-travel-uk, and

(iii)if the relevant service is one on which passengers are allocated seat numbers, advises passengers to provide their seat number on the Passenger Locator Form,

[F26(iv)informs passengers of the requirement to possess notification of a negative test result in regulation 3A of the International Travel Regulations,]

[F27(v)informs passengers of the requirement to book, pay for and undertake tests in regulation 3B of the International Travel Regulations,]

(c)where provided orally, is the information specified in Part 1 of the Schedule,

(d)where provided by email, is the information specified in Part 1 of the Schedule and a hyperlink to each of the relevant websites.

(3) For the purposes of regulation 3(2)(b)—

(a)in relation to digital check-in, the required information—

(i)must be displayed prominently on an operator’s website or mobile application,

(ii)must be provided before a boarding card is issued,

(iii)is the information specified in Part 1 of the Schedule and a hyperlink to each of the relevant websites,

(b)in relation to in-person check-in, the required information—

(i)must be provided orally or in writing,

(ii)where provided orally, is the information specified in Part 1 of the Schedule,

(iii)where provided in writing, is a written notice which informs passengers of the requirements to provide information [F28, to possess notification of a negative test result] [F29, to book, pay for and undertake tests] and to self-isolate in regulations 3 [F30, 3A] [F31, 3B] and 4 of the International Travel Regulations.

(4) For the purposes of regulation 3(2)(c), the required information—

(a)must be provided orally before passengers disembark in England,

(b)must be provided in English and an officially recognised language of the country of departure if English is not such a language,

(c)is the information specified in Part 2 of the Schedule.

[F32(4A) For the purposes of regulation 3(2B)(a), the required information—

(a)must be displayed prominently on the outbound operator’s website or mobile application,

(b)is the information specified in Part 3 of the Schedule and a hyperlink to www.gov.uk/guidance/coronavirus-covid-19-declaration-form-for-international-travel.

(4B) For the purposes of regulation 3(2B)(b), the required information—

(a)must be provided by email, orally, push notification or text message,

(b)where provided by email, is the information specified in Part 3 of the Schedule and a hyperlink to www.gov.uk/guidance/coronavirus-covid-19-declaration-form-for-international-travel,

(c)where provided orally, is the information specified in Part 3 of the Schedule,

(d)where provided by push notification or text message, is the information specified in Part 4 of the Schedule.]

(5) In this regulation—

“Passenger Locator Form” has the meaning given in regulation 2 of the International Travel Regulations;

“the relevant websites” means—

(a)

for the purposes of paragraph (1)(a)(ii)—

(b)

for the purposes of paragraphs (2)(d) and (3)(a)(iii)—

Textual Amendments

Exemption periodE+W

5.—(1) If the Secretary of State is of the view that it is no longer necessary or expedient to maintain the information requirement, the Secretary of State must place a statement on the gov.uk website indicating that the information requirement will cease to have effect in relation to passengers arriving after the time and date specified in the statement.

(2) If, at any time when by virtue of paragraph (1) the information requirement does not have effect, the Secretary of State is of the view that it is again necessary or expedient to impose the information requirement, the Secretary of State must place a statement on the gov.uk website indicating that the information requirement will have effect in relation to passengers arriving from the time and date specified in the statement.

(3) Before placing any statement on the gov.uk website under paragraph (1) or (2), the Secretary of State must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care.

(4) Section 16 of the Interpretation Act 1978 M4 applies in relation to the information requirement ceasing to have effect by virtue of paragraph (1) as it applies to the repeal of an enactment.

(5) In this regulation, “necessary or expedient” means necessary or expedient for preventing danger to public health as a result of coronavirus or coronavirus disease from vessels, aircraft or trains arriving at a port in England.

Commencement Information

I4Reg. 5 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

Records and informationE+W

6.—(1) An operator must keep records of the steps it has taken to comply with the information requirement [F37and outbound information requirement].

(2) An authorised person may request copies of the records and such other information from an operator as is necessary for the authorised person to determine whether [F38the information requirement and the outbound information requirement have] been complied with.

(3) A request under paragraph (2) must specify the period within which the operator must provide the information to the authorised person.

(4) An operator who, without reasonable excuse, fails to comply—

(a)with the requirement to keep records in paragraph (1); or

(b)with a request under paragraph (2) to provide records or information within the period specified for the purposes of paragraph (3),

is guilty of an offence.

(5) An offence under paragraph (4) is punishable on summary conviction by a fine not exceeding level 4 on the standard scale.

Textual Amendments

Commencement Information

I5Reg. 6 in force at 8.6.2020, see reg. 1(2)

Fixed penalty noticesE+W

7.—(1) An authorised person may issue a fixed penalty notice to any operator who the authorised person reasonably believes has committed an offence under regulation 3(7).

(2) A fixed penalty notice is a notice offering the operator to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.

(3) Where an operator is issued with a notice under paragraph (1) in respect of an offence—

(a)no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice;

(b)the operator may not be convicted of the offence if the operator pays the fixed penalty before the end of that period.

(4) A fixed penalty notice must—

(a)give reasonably detailed particulars of the circumstances alleged to constitute the offence;

(b)state the period during which (because of paragraph (3)(a)) proceedings will not be taken for the offence;

(c)specify the amount of the fixed penalty; and

(d)specify the authorised person to whom payment of the fixed penalty is to be made.

(5) The amount of the fixed penalty for the purposes of paragraph (4)(c) is £4,000.

(6) A fixed penalty is payable to the authorised person which issued the notice to which that penalty relates.

(7) Fixed penalties received by an authorised person other than the Secretary of State for Transport under this regulation must be paid to the Secretary of State for Transport.

(8) In any proceedings, a certificate that—

(a)purports to be signed by or on behalf an officer of the authorised person who has been designated by the authorised person for that purpose; and

(b)states that the payment of a fixed penalty was, or was not, received by that authorised person by the date specified in the certificate,

is evidence of the facts stated.

Commencement Information

I6Reg. 7 in force at 8.6.2020, see reg. 1(2)

ProsecutionsE+W

8.  Proceedings for an offence under regulation 3(7) or 6(4) may be brought by an authorised person.

Commencement Information

I7Reg. 8 in force at 8.6.2020, see reg. 1(2)

[F39Review of need for requirementsE+W

9.  The Secretary of State must review the need for the information requirement [F40and outbound information requirement] by 27th July 2020 and at least once every 28 days thereafter.]

Textual Amendments

Commencement Information

I8Reg. 9 in force at 8.6.2020, see reg. 1(2)

ExpiryE+W

10.—(1) These Regulations expire at the end of the period of 12 months beginning with the day on which they come into force.

(2) The expiry of these Regulations does not affect the validity of anything done pursuant to these Regulations before they expire.

Commencement Information

I9Reg. 10 in force at 8.6.2020, see reg. 1(2)

Grant Shapps

Secretary of State

Department for Transport

Regulation 4

[F41SCHEDULEE+W

Textual Amendments

[F42PART 1E+W

Textual Amendments

The specified information is—

“ESSENTIAL INFORMATION TO ENTER THE UK

The United Kingdom is taking steps to help stop the spread of COVID-19.

1) All persons (including UK nationals and residents) arriving in the UK from outside the common travel area must provide proof of a negative COVID-19 test taken within 3 days of departure to the UK. For further information please visit: www.gov.uk/guidance/coronavirus-covid-19-testing-for-people-travelling-to-england.

2) To protect your health and others’, everyone must complete an online passenger locator form before arrival in the United Kingdom.

[F433) All arrivals must quarantine for 10 days unless exempt. If you have travelled through a red list country in the last 10 days, you must have a valid Managed Quarantine Facility booked prior to departure. For information please visit: www.gov.uk/travel-quarantine-and-testing. Check the list of exempt countries immediately before travel and the list of work-related exemptions if travelling for work.

Textual Amendments

4) Everyone is required to take a coronavirus test on days 2 and 8 of their quarantine. You must have this booked prior to departure. For information please visit: www.gov.uk/travel-quarantine-and-testing.]

[F445) It] is a legal requirement that you wear a face covering on public transport in the UK.

Textual Amendments

[F456) If you quarantine] in England, you may opt in to Test to Release. For further information please visit www.gov.uk/guidance/coronavirus-covid-19-test-to-release-for-international-travel.

Textual Amendments

Failure to comply with these measures is a criminal offence and you could be fined. Please visit www.gov.uk/uk-border-control for detailed public health advice and requirements for entering the UK.”]

PART 2E+W

The specified information is—

“The following is a public health message on behalf of the UK’s public health agencies.

[F46Before entering the UK, you must complete a passenger locator form online, regardless of where you are arriving from. You must also quarantine for the first 10 days after you arrive, unless you are in an exempt category. This is to protect yourself and others. This includes booking hotel quarantine if you have travelled through a red list country in the last 10 days, or booking home quarantine tests if you have travelled in any other country.

Textual Amendments

Visit gov.uk/coronavirus for more information.]

The symptoms of coronavirus are a new continuous cough, a high temperature or a loss of, or change in, normal sense of taste or smell. If you experience any of these symptoms, however mild, you are advised to make yourself known to the crew.

Simple measures you can take to help protect yourself and family are:

Wash your hands

Avoid touching your face with your hands

Catch coughs and sneezes in a tissue and dispose of it immediately.”.

[F47PART 3E+W

Textual Amendments

The specified information is—

PART 4E+W

The specified information is—

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose requirements on persons (“operators”) operating commercial transport services for passengers travelling to England by sea, air or rail from outside the open borders area comprising the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland (the “common travel area” by virtue of section 1(3) of the Immigration Act 1971 (c. 77)).

Regulation 3 requires operators to ensure that passengers who arrive in England on such services, other than during an exemption period (determined in accordance with regulation 5), have been provided with certain public health information in the required manner (see regulation 4), on three separate occasions. Breach of this requirement is an offence.

Regulation 6 requires operators to keep records and to provide authorised persons (see regulation 2) with copies of those records and other information about how they are complying with the requirement to provide information to passengers. Breach of these requirements is also an offence.

Regulation 7 allows authorised persons to deal with offences under regulation 3 by a fixed penalty notice.

Regulation 8 allows authorised persons to bring prosecutions for offences under these Regulations.

Regulation 9 requires the Secretary of State to review these Regulations every 21 days.

Regulation 10 provides that these Regulations expire 12 months after they come into force.

Hard copies of the required information and the required manner in which it must be provided, and of any statements starting or ending an exemption period under regulation 5, may be obtained by completing the electronic form on the “contact us” section of the Department for Transport gov.uk page (https://forms.dft.gov.uk/contact-dft-and-agencies/) or by telephoning 0300 330 3000.

A full impact assessment has not been completed due to the urgent nature of this instrument. An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.