The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

Changes over time for: Section 5

Version Superseded: 22/11/2021

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Requirements relating to testsE+W

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5.—(1) F1Except as provided in paragraph (6) ..., regulation 6 applies to a person who arrives in England who—

[F2(a)is a category 1 F3... arrival, other than—

(i)a person described in—

(aa)paragraph (4) or (5); or

(bb)paragraph 12 or 12A of Schedule 4 (exemptions for transit and non-disembarking cruise passengers), or

(ii)a person who—

(aa)arrives in England on a cruise ship, and

(bb)is due to depart from England on the same cruise ship within 48 hours of their arrival.]

(b)is required to self-isolate under—

(i)regulation 9 (requirement to self-isolate), or

(ii)Schedule 11 (additional measures applicable to arrivals from category 3 countries and territories);

(c)is not required to self-isolate under regulation 9 only by virtue of one or more of the following paragraphs of Schedule 4 (exemptions)—

(i)paragraph 1(1)(i) (representatives of foreign countries or territories on official business),

(ii)paragraph 1(1)(j) (representatives of government of British overseas territory),

[F4(iia)paragraph 1(2A) (specified persons on official business),]

(iii)paragraph 4 (foreign officials or contractors with border security duties), F5...

F6(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)paragraph 14 (civil aviation inspectors),

(vi)paragraph 16 (certain Crown Servants, persons certified as returning from essential state business etc.),

(vii)paragraph 17 (essential or emergency work outside the United Kingdom), or

(viii)paragraph 30 (postal operators);

(d)falls within the description in paragraph 44 (elite sportspersons and ancillary sportspersons) F7... of Schedule 4; or

(e)may temporarily cease to self-isolate by virtue of paragraph [F8(15)(f)(ii) or (15)(i) to (ie)] of regulation 9 and the following paragraphs of Schedule 4—

(i)paragraph 4 (foreign officials with border security duties), F9...

[F10(ia)paragraph 4A (essential foreign policing),]

F11(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)paragraph 14 (civil aviation inspectors),

(iv)paragraph 21 (water and sewerage workers),

(v)paragraph 22 (flood and coastal defence workers),

(vi)paragraph 23 (electricity workers),

(vii)paragraph 24 (nuclear power workers),

(viii)paragraph 25 (chemical weapons inspectors),

(ix)paragraph 26 (space workers),

(x)paragraph 28 (oil workers),

(xi)paragraph 29 (offshore oil and gas workers) unless paragraph (4) applies to the person,

(xii)paragraph 31 (specialist technical workers),

(xiii)paragraph 32 (specialist waste management workers),

(xiv)paragraph 35 (medicines inspectors),

(xv)paragraph 36 (clinical trial conductors),

(xvi)paragraph 37 (clinical investigators),

(xvii)paragraph 38 (medical and veterinary specialists),

(xviii)paragraph 39 (infrastructure workers), F12...

(xix)paragraph 40 (communications operation workers).

[F13(xixa)paragraph 41 (subsea telecommunications workers),]

[F14(xx)paragraph 42 (regular work abroad),

(xxi)paragraph 48 (senior executives),] F15...

F16(xxii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(xxiii)paragraph 50 (performing arts professionals), or

(xxiv)paragraph 51 (film and high end TV production)].

(2) In paragraph (1)(b), the reference to persons required to self-isolate under regulation 9 does not include anyone who may temporarily cease to self-isolate by virtue of regulation 9(15)(f)(ii), (15)(g)(ii), or (15)(i) (and accordingly regulation 6 does not apply to such persons).

(3) Regulation 7 (requirement to undertake workforce tests) applies to a person who is not required to self-isolate under regulation 9 by virtue of any sub-paragraph of regulation 9(15) and the following paragraphs of Schedule 4, or who may temporarily cease to self-isolate or whose obligation to self-isolate under that regulation is otherwise modified by virtue of those provisions—

(a)paragraph 2 (UK officials with border security duties);

(b)paragraph 3 (officials involved in essential defence activities);

[F18(ba)paragraph 5 (road passenger transport workers);]

(c)paragraph 6 (seamen and masters) other than seamen and masters of fishing vessels within the meaning of the Merchant Shipping Act 1995 M1;

[F19(ca)paragraph 6A (ferry service workers);]

(d)paragraph 7 (pilots);

(e)paragraph 8 (inspectors and surveyors of ships);

(f)paragraph 9 (aircraft crew and pilots);

(g)paragraph 10 (international rail crew, passenger and freight operators);

(h)paragraph 13 (road haulage workers);

(i)paragraph 15 (Channel Tunnel system workers);

(j)paragraph 18 (repatriated prisoners);

(k)paragraph 19 (international prison escorts);

[F20(ka)paragraph 20 (foreign representative taking a person into custody);]

(l)paragraph 27 (aerospace engineers and aerospace workers);

(m)paragraph 34 (persons transporting human blood etc.); F21...

(n)paragraph 43 (seasonal agricultural workers) [F22;]

[F23(na)paragraph 43A (seasonal poultry workers);]

[F24(nb)paragraph 43B (pork butchers);]

[F25(o)paragraph 45 (essential railway worker);]

[F26(p)paragraph 52 (haulier outreach workers).]

[F27(4) Regulation 7 also applies to—

(a)a category 1 arrival who would have been a person to whom paragraph (3) applied if that person had arrived from a category 2 country or territory; and

F28(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5) Regulation 8 (test requirements: offshore installation workers) applies to a worker who falls within the description in paragraph 29(1)(a) of Schedule 4 who arrives in England and is required to undertake or commence activities on an offshore installation, including critical safety work on an offshore installation [F29or to a category 1 arrival who would have been a person of that description if that person had arrived from a category 2 country or territory].

(6) Regulation 6 does not apply to a person (“P”) where P is—

(a)a person described in paragraph 1(1)(a) to (h) or (k) of Schedule 4 or a member of the family forming part of the household of such a person;

(b)a person described in paragraph 1(1)(i) or (j) (representatives of foreign countries or territories or British Overseas Territories) of Schedule 4 where the conditions in paragraph (7) of this regulation are met;

(c)a member of the family forming part of the household of a person to whom paragraph (b) applies, where—

(i)the conditions in paragraph (7) are met in relation to the person to whom paragraph (b) applies,

(ii)the Foreign, Commonwealth and Development Office has been notified of P's arrival, and

(iii)the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with regulation 6;

(d)F30..., a person described in paragraph 1(2) ([F31relevant international event] attendees etc) of Schedule 4;

[F32(da)a specified person travelling to the United Kingdom to conduct official business with the United Kingdom where—

(i)P has been invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs, and

(ii)prior to P’s departure to the United Kingdom the Foreign, Commonwealth and Development Office has confirmed in writing to P that they are travelling to the United Kingdom to conduct official business with the United Kingdom and are not required to comply with regulation 6;

(db)a member of the family forming part of the household of a person to whom paragraph (da) applies where—

(i)the Foreign, Commonwealth and Development Office has been notified of P’s arrival, and

(ii)the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with regulation 6;]

(e)a person described in paragraph 16(1)(a) or (b) (persons certified as returning from essential state business etc.) of Schedule 4 where the relevant Department has certified that P meets this description and is not required to comply with regulation 6;

(f)a person described in paragraph 17 (essential or emergency work outside the United Kingdom) of Schedule 4 where the relevant Department has certified that P is not required to comply with regulation 6.

F33(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)a person, other than a Schedule 11 passenger, who on arrival in the United Kingdom—

(i)passes through to Guernsey, Jersey or the Isle of Man without entering the United Kingdom; or

(ii)enters the United Kingdom for the sole purpose of continuing a journey to Guernsey, Jersey or the Isle of Man and—

(aa)remains within their port of entry until their departure from England, or

(bb)travels directly from their port of entry to another port of departure in England.

[F34(i)an official of a foreign government within the meaning of paragraph 4 of Schedule 4 who is engaged pursuant to a binding bilateral or multilateral agreement concerning controls at St Pancras, Ebbsfleet, Cheriton, Ashford or Dover.]

[F35(j)an eligible traveller.]

(7) The conditions specified in this paragraph are that, prior to P's departure to the United Kingdom—

(a)the relevant head of the mission, consular post, or office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake work in the United Kingdom which is essential to the foreign country represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory; and

(b)the Foreign, Commonwealth and Development Office has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that—

(i)it has received that confirmation, and

(ii)P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 6.

F36(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where a word or expression is defined for the purposes of Schedule 4 and is used in paragraphs (6) or (7) of this regulation, the same definition applies for the purposes of those paragraphs.

Textual Amendments

F1Words in reg. 5(1) omitted (8.6.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/670), regs. 1(2), 3(a) (with reg. 10)

F2Reg. 5(1)(a) substituted (22.9.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 12) Regulations 2021 (S.I. 2021/1066), regs. 1(2), 7(2)(a)

F3Words in reg. 5(1)(a) omitted (4.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/1107), regs. 1(2), 9(2)(a)

F4Reg. 5(1)(c)(iia) inserted (8.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/766), regs. 1(4), 5(2)(a)(i) (with reg. 16(1))

F5Words in reg. 5(1)(c)(iii) omitted (19.7.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/865), regs. 1(2), 7(a)(ii) (with reg. 23)

F6Reg. 5(1)(c)(iv) omitted (22.9.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 12) Regulations 2021 (S.I. 2021/1066), regs. 1(2), 7(2)(b)

F7Words in reg. 5(1)(d) omitted (30.8.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(2), 5(2)(a)

F8Words in reg. 5(1)(e) substituted (22.9.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 12) Regulations 2021 (S.I. 2021/1066), regs. 1(2), 7(2)(c)(i)

F9Words in reg. 5(1)(e)(i) omitted (19.7.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/865), regs. 1(2), 7(a)(iii)(aa) (with reg. 23)

F10Reg. 5(1)(e)(ia) inserted (22.9.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 12) Regulations 2021 (S.I. 2021/1066), regs. 1(2), 7(2)(c)(ii)

F11Reg. 5(1)(e)(ii) omitted (11.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/1130), regs. 1(3), 10(2) (with reg. 23(2))