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The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020 (revoked)

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Statutory Rules of Northern Ireland

2020 No. 90

Public Health

The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020

Made

5th June 2020

Coming into operation

8th June 2020

The Department of Health M1, makes the following Regulations in exercise of the powers conferred by sections 25B and 25F(2) of the Public Health Act (Northern Ireland) 1967 M2.

Marginal Citations

M1Formerly the Department of Health, Social Services and Public Safety; see 2016 c. 5 (N.I.), s. 1(5)

M21967 c. 36 (N.I.). Part 1A was inserted by section 48 of, and Schedule 18 to, the Coronavirus Act 2020 (c. 7)

PART 1 N.I.General

Citation and commencementN.I.

1.  These Regulations may be cited as the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020 and shall come into operation on 8th June 2020.

Commencement Information

I1Reg. 1 in operation at 8.6.2020, see reg. 1

InterpretationN.I.

2.—(1) In these Regulations—

child” means a person under the age of 18;

the common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M3;

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);

[F1“exempt country or territory” means a country or territory [F2, or part of a country or territory,] specified in Schedule 3 and “non-exempt country or territory” means any other country or territory [F3, or part of a country or territory,] outside the common travel area;]

immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 M4;

passenger information” has the meaning given in regulation 3(2);

Passenger Locator Form” means the form published electronically by the United Kingdom Government for the provision of passenger information M5

[F4“self-isolate” has the meaning given in regulation 4(2), and “self-isolation” and “self-isolating” are to be construed accordingly;]

[F5“specified competition” means a competition listed in Schedule 4.]

(2) For the purposes of these Regulations, an individual has responsibility for a child if the individual—

(a)has custody or charge of the child for the time being, or

(b)has parental responsibility for the child within the meaning of the Children (Northern Ireland) Order 1995 M6.

(3) In these Regulations any reference to infection or contamination is a reference to infection or contamination with coronavirus which presents or could present significant harm to human health.

[F6(4) For the purposes of these Regulations, a person (“P”) is not treated as arriving in, departing from or transiting through a country or territory [F7, or part of a country or territory, if, at all times whilst in that country, territory or part thereof]

(a)P remains on a conveyance and no other passenger is permitted to be taken on board, or

(b)P is kept separated from passengers who did not arrive on the same conveyance.]

Textual Amendments

Commencement Information

I2Reg. 2 in operation at 8.6.2020, see reg. 1

Marginal Citations

M31971 c. 77. Section 1(3) provides that the United Kingdom, the Channel Islands, the Isle of Man, and the Republic of Ireland are collectively referred to as “the common travel area

M41971 c. 77. Paragraph 1 was amended by paragraph 3 of Schedule 3 to the Health Protection Agency Act 2004 (c. 17), and by S.I. 1993/1813

M5The Passenger Locator Form is available on www.gov.uk. No hard copy version is available but, where a person arrives at a place staffed by Immigration Officers, they will be provided with the ability to complete the form electronically on their arrival in Northern Ireland if not completed in advance; assistance will be available for completion of the electronic form if required

PART 2 N.I.Obligations on persons arriving in Northern Ireland and others

Requirement to provide informationN.I.

3.—(1) This regulation applies where a person (“P”)—

(a)arrives in Northern Ireland, and

(b)has been outside the common travel area at any time in the period beginning with the [F810th day] before the date of their arrival in Northern Ireland.

(2) P must provide on the Passenger Locator Form, the information set out in Schedule 1 (“passenger information”) on their arrival.

(3) Paragraph (2) does not apply to a person who arrives in Northern Ireland from Scotland, Wales or England and who has completed the Passenger Locator Form pursuant to an enactment in Scotland, Wales or England, specifying an address in Northern Ireland where that person intends to self-isolate.

(4) A person who is travelling with a child for whom they have responsibility, must ensure that passenger information is provided in relation to that child on the Passenger Locator Form on their arrival in Northern Ireland.

(5) If a person described in paragraph (1) provides their passenger information, and any passenger information required by virtue of paragraph (4), on the Passenger Locator Form in the 48 hours before they are required to do so, then they are treated as having complied with those paragraphs (as applicable).

(6) A person who has provided passenger information in advance in accordance with paragraph (5) must provide evidence that they have done so if requested by an immigration officer.

(7) If passenger information changes or becomes available to a person required to self-isolate during that person's period of self-isolation, that person must, as soon as reasonably possible take all reasonable steps to complete the Passenger Locator Form, or a new Passenger Locator Form, as the case may be.

(8) Nothing in this regulation requires a person to provide any information if that information is not within their possession or control.

[F9(9) The following are not required to comply with this regulation—

(a)a person described in regulation 4(12),

(b)a person described in any of paragraphs 1 to 4 of Schedule 2,

(c)a person described in any of paragraphs 4A to 4F of Schedule 2 who meets the condition in paragraph 4G of that Schedule,

(d)a person described in paragraph 12 of Schedule 2.]

[F10(10) Paragraph (9) does not apply in relation to a person who has arrived in Northern Ireland from any country or territory listed in Schedule 5 or has, within the period beginning with the 14th day before the date of their arrival in Northern Ireland, departed from or transited through any of those countries or territories.]

Requirement to self-isolateN.I.

4.—(1) This regulation applies where a person (“P”)—

(a)arrives in Northern Ireland, and

(b)has [F11departed from or transited through a non-exempt country or territory] at any time in the period beginning with the [F1210th day] before the date of their arrival in Northern Ireland.

[F13(1A) This regulation also applies where a person (“P”) is residing at an address at which another person (D) is residing, where D is required to self-isolate under these Regulations because D has arrived in Northern Ireland from any country or territory listed in Schedule 5 or has, within the period beginning with the 14th day before the date of D’s arrival in Northern Ireland, departed from or transited through any of those countries or territories.]

(2) P must remain in isolation from others (“self-isolate”) in accordance with this regulation.

(3) P must self-isolate—

(a)unless sub-paragraph (b) [F14,(c) or (d)] apply—

(i)in the case of a person to whom regulation 3 applies, at the address specified in P's Passenger Locator Form as the intended place of self-isolation, as required by regulation 3 and paragraph 2(a) of Schedule 1,

(ii)in the case of a person described in paragraph 1 of Schedule 2 (other than one described in paragraph (12)(a)(i)), at a place at which they intend to self-isolate while in Northern Ireland,

(iii)where it is not possible for P to self-isolate in accordance with sub-paragraph (i) or (ii), in accommodation facilitated by the United Kingdom Government for the purposes of P's self-isolation,

(b)where P is an asylum seeker, in accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999 M7, or

(c)where P is a person described in paragraph 9(1) of Schedule 10 to the Immigration Act 2016 M8 (powers of Secretary of State to enable person to meet bail conditions), in accommodation provided or arranged under that paragraph.

F15(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16(d)where P is a person described in paragraph (1A), at the address referred to in that paragraph.]

(4) The address specified by P in the Passenger Locator Form as the intended place of self-isolation must be—

(a)their home,

(b)the home of a friend or family member, or

(c)a hotel, hostel, bed and breakfast accommodation, or other suitable place.

(5) More than one address may be specified in the Passenger Locator Form where—

(a)a legal obligation requires P to change addresses, or

(b)it is necessary for P to stay overnight at an address on their arrival in Northern Ireland before travelling directly to another address at which they will be self-isolating.

(6) In paragraph (3)(a)(ii) “a place at which they intend to self-isolate while in Northern Ireland” means—

(a)where the person has completed the Passenger Locator Form, at an intended place of self-isolation specified in that form,

(b)where the person has completed the Passenger Locator Form pursuant to an enactment in England, Scotland or Wales, at an intended place of self-isolation specified in that form,

(c)in any other case at a place described in paragraph (4)(a) to [F17(d)].

(7) F18... [F19Where P is a person described in paragraph (1),] P must, on their arrival in Northern Ireland, travel directly to the place at which they are to self-isolate, and must then self-isolate until whichever is the earlier of—

(a)the end of the [F2010th day] after the day on which they arrive in the common travel area, or

(b)their departure from Northern Ireland.

F21(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22(7A) Where P is a person described in paragraph (1A) (residing with another person “D”), P must self-isolate until the end of the period during which, according to paragraph (7), D is required to self-isolate.]

(8) Paragraph (2) does not require P to remain in isolation—

(a)from any person with whom they were travelling when they arrived in Northern Ireland and who is also self-isolating in the place where P is self-isolating,

(b)where P is self-isolating in their home, from any member of their household,

(c)where P is self-isolating in the home of a friend or family member, from any member of the household of that friend or family member.

[F23(8A) Paragraph (2) does not require P to remain in isolation from a person (“V”) when V is at the place where P is self-isolating—

(a)to provide emergency assistance,

(b)to provide care or assistance, including personal care within the meaning of paragraph 1(1B) or 7(3B) of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, to P or to any other person who is living in the place where P is self-isolating,

(c)to provide medical assistance including to provide any of the services mentioned in paragraph (9)(b), to P or to any other person who is living in the place where P is self-isolating, where this is required urgently or on the advice of a registered medical practitioner,

(d)to provide veterinary services, where this is required urgently or on the advice of a veterinary surgeon,

(e)to provide critical public services, including those mentioned in paragraph (9)(h).]

(9) During the period of their self-isolation, P may not leave, or be outside of, the place where P is self-isolating except—

(a)to travel in order to leave Northern Ireland, provided that they do so directly,

(b)to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner, including to access [F24services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical or health practitioners, including services relating to mental health],

[F25(ba)to access veterinary services where this is required urgently or on the advice of a veterinary surgeon,]

(c)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,

(d)to avoid injury or illness or to escape a risk of harm,

(e)on compassionate grounds including to attend a funeral of—

(i)a member of P's household,

(ii)a close family member, or

(iii)if no-one within sub-paragraphs (i) or (ii) are attending, a friend,

(f)to move to a different place for self-isolation specified on a Passenger Locator Form completed by P,

(g)in exceptional circumstances such as—

(i)to obtain basic necessities such as food and medical supplies for those in the same household (including any pets or animals in the household) where it is not possible to obtain these provisions in any other manner,

(ii)to move to a different place for self-isolation where it becomes impracticable to remain at the address at which they are self-isolating,

(h)to access critical public services, including—

(i)social services,

(ii)services provided to victims (such as victims of crime),

(i)in the case of a minister of religion or worship leader, to go to their place of worship alone provided they will be there alone,

[F26(j)to take exercise alone or with members of P’s household, or]

(k)to visit a burial ground to pay respects to a member of the person's household, family member or friend provided they are doing so alone.

(10) For the purposes of this regulation, the place referred to in paragraph (3) includes the premises where P is self-isolating together with any garden, yard, passage, stair, garage, outhouse, or other appurtenance of such premises.

(11) If P is a child, any person who has custody or charge of P during P's period of self-isolation must ensure, so far as reasonably practicable, that P self-isolates in accordance with this regulation.

(12) [F27Subject to paragraph (13), if] P is a person described—

(a)in paragraph 1(1) of Schedule 2—

(i)where P is a person described in paragraph 1(1)(a) to (k) of, and meets the conditions set out in paragraph 1(2) of, that Schedule, P is not required to comply with this regulation,

(ii)in any other case, paragraph (3)(b) and (c) does not apply to P,

(b)in paragraph 28 of Schedule 2, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 28 [F28of that Schedule],

[F29(ba)in paragraph 28A of Schedule 2, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 28A of that Schedule,]

(c)in paragraph 38 of Schedule 2—

(i)paragraph (2) does not require P to remain in isolation from any other person who is living or working on the specified farm,

(ii)paragraph (3)(a)(i) applies with the modification that the address specified by P as the address at which they intend to self-isolate must be the specified farm,

where “specified farm” has the meaning given in paragraph 38 of Schedule 2,

[F30(ca)in paragraph 39 of Schedule 2—

(i)where P is [F31a new domestic elite sportsperson,] an international elite sportsperson or an international ancillary sportsperson, P satisfies the requirements of paragraph (2) if P complies with the conditions specified in paragraph 39(4)[F32(za),] (a) or (b), as the case may be, of Schedule 2,

(ii)in any other case, P is not required to comply with this regulation.]

F33(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35(cd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in any other paragraph of Schedule 2, P is not required to comply with this regulation.

[F36(13) Paragraph (12) does not apply in relation to a person (“D”) who has, at any time in the period beginning with the 14th day before the date of their arrival in Northern Ireland, departed from or transited through any country or territory listed in Schedule 5.]

Textual Amendments

Commencement Information

I4Reg. 4 in operation at 8.6.2020, see reg. 1

Marginal Citations

M71999 c. 33. Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c. 41), by section 10(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), by section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c. 13), and by paragraph 1 of Schedule 11 to the Immigration Act 2016 (c. 19). Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 and by paragraph 29 of Schedule 10 to the Immigration Act 2016

M8The Immigration Act (c. 19)

PART 3N.I.Enforcement

Enforcement of requirement to self-isolateN.I.

5.—(1) Where an authorised person has reasonable grounds to believe that a person (“P”) has left or is outside of the place where they are self-isolating in contravention of regulation 4, the authorised person may—

(a)direct P to return to the place where they are self-isolating,

(b)remove P to the place where they are self-isolating,

(c)where it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to accommodation facilitated by the United Kingdom Government for the purposes of their self-isolation.

(2) Paragraph (1)(b) to (c) does not apply where P is a person described in paragraph 1 of Schedule 2.

(3) An authorised person exercising the power in paragraph (1)(b) or (c) may use reasonable force, if necessary, in the exercise of the power.

(4) Where P is a child, and has left or is outside of the place where they are self-isolating and accompanied by an individual who has responsibility for them—

(a)an authorised person may direct that individual to take P to the place where P is self-isolating, and

(b)that individual must, so far as reasonably practicable, ensure that P complies with any direction given by an authorised person to P.

(5) Where P is a child, and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with regulation 4, the authorised person may direct any individual who has responsibility for P to ensure, so far as reasonably practicable, that P so complies.

(6) An authorised person may only exercise a power in paragraph (1), (4) or (5) if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with regulation 4.

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

(a)a constable, or

(b)a person designated by the Department of Health for the purposes of this regulation.

Commencement Information

I5Reg. 5 in operation at 8.6.2020, see reg. 1

Offences and penaltiesN.I.

6.—(1) A person who—

(a)without reasonable excuse contravenes a requirement in regulation 3,

(b)contravenes a requirement in regulation 4, or

(c)without reasonable excuse contravenes a requirement imposed under regulation 5,

commits an offence.

(2) A person who, without reasonable excuse, wilfully obstructs any person carrying out a function under these Regulations commits an offence.

(3) A person who intentionally or recklessly provides false or misleading passenger information commits an offence.

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

(5) Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 M9 applies in relation to an offence under this regulation as if the reasons in paragraph (5) of that article included—

(a)to maintain public health,

(b)to maintain public order.

Commencement Information

I6Reg. 6 in operation at 8.6.2020, see reg. 1

Marginal Citations

Fixed penalty noticesN.I.

7.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person has reasonable grounds to believe—

(a)has committed an offence under these Regulations;

(b)is aged 18 or over.

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

(3) Where a person is issued with a notice under this regulation 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 person may not be convicted of the offence if the person 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;

(d)state the name and address of the person to whom the fixed penalty may be paid;

(e)specify permissible methods of payment; and

(f)inform the person to whom it is given of the right to ask to be tried for the offence.

(5) Where the fixed penalty notice is issued in respect of an offence described in regulation 6(1)(b) or (c), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 4 or 5, then the amount specified under paragraph (4)(c) must be £1,000.

(6) Where the fixed penalty notice is issued in respect of an offence described in regulation 6(1)(a) or (3), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 3 (“an information offence”), then the amount specified under paragraph (4)(c) must, subject to paragraph (7), be—

(a)in the case of the first fixed penalty notice issued in respect of an information offence, £60,

(b)in the case of the second fixed penalty notice issued in respect of an information offence, £120,

(c)in the case of the third fixed penalty notice issued in respect of an information offence, £240,

(d)in the case of the fourth fixed penalty notice issued in respect of an information offence, £480,

(e)in the case of the fifth and subsequent fixed penalty notices issued in respect of an information offence, £960.

(7) A first fixed penalty notice issued in respect of an information offence must specify that if £30 is paid before the end of the period of 14 days following the date of the notice, that is the amount of the fixed penalty.

(8) Whatever other method may be specified under paragraph (4)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (4)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(9) Where a letter is sent as described in paragraph (8), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(10) In any proceedings, a certificate that—

(a)purports to be signed by or on behalf of the clerk of petty sessions, and

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

is evidence of the facts stated.

(11) In this regulation, “authorised person” means—

(a)a constable,

(b)an immigration officer, but only in relation to the issue of a fixed penalty notice in respect of an information offence, or

(c)a person designated by the Department of Health.

Commencement Information

I7Reg. 7 in operation at 8.6.2020, see reg. 1

Effect of fixed penalty noticeN.I.

8.—(1) This regulation applies if a fixed penalty notice is given to any person under regulation 7.

(2) If the person asks to be tried for the alleged offence, proceedings may be brought against the person.

[F37(3) If by the end of the period mentioned in regulation 7(3)(a)—

(a)the penalty has not been paid, and

(b)the person has not made a request to be tried,

a sum equal to one and a half times the amount of the penalty (“the enhanced sum”) may be registered under regulation 8B for enforcement against the person as a fine.]

Textual Amendments

Commencement Information

I8Reg. 8 in operation at 8.6.2020, see reg. 1

[F38Registration certificatesN.I.

8A.(1) This regulation and regulation 8B apply where by virtue of regulation 8 the enhanced sum may be registered under regulation 8B for enforcement against any person as a fine.

(2) In this regulation and regulation 8B—

(a)that sum is referred to as a “sum payable in default”, and

(b)the person against whom that sum may be so registered is referred to as the “defaulter”.

(3) The Chief Constable, an immigration officer, or a person designated by the Department of Health under regulation 7(11)(c)—

(a)may, in respect of any sum payable in default, issue a certificate (a “registration certificate”) stating that the sum is registrable under regulation 8B for enforcement against the defaulter as a fine; and

(b)must cause any certificate so issued to be sent to the clerk of petty sessions.

(4) The Chief Constable may authorise a person to carry out the functions of the Chief Constable under paragraph (3).

(5) A registration certificate must—

(a)give particulars of the offence to which the penalty notice relates; and

(b)state the name and last known address of the defaulter and the amount of the sum payable in default.

Registration of penaltyN.I.

8B.(1) Where the clerk of petty sessions receives a registration certificate in respect of any sum payable in default, the clerk must register that sum for enforcement as a fine by entering it in the Order Book of a court of summary jurisdiction.

(2) On registering any sum under this regulation for enforcement as a fine, the clerk of petty sessions must give to the defaulter notice of registration—

(a)specifying the amount of that sum and requiring payment of it by such date, not less than 28 days from the date of registration, as may be specified in the notice; and

(b)giving the information with respect to the offence included in the registration certificate by virtue of regulation 8A(5)(a).

(3) On the registration of any sum in the Order Book of a court of summary jurisdiction by virtue of this regulation, any statutory provision referring (in whatever terms) to a fine imposed or a sum adjudged to be paid by a conviction of such court shall have effect in the case in question as if the sum so registered were a fine imposed by that court on the conviction of the defaulter on the date of the registration.

(4) The clerk of petty sessions must refer the case to a district judge (magistrates’ courts) for the judge to consider whether to make a collection order under section 3 of the Justice Act (Northern Ireland) 2016, and the order may be made without a court hearing.

(5) Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under paragraph (2)(a).

Challenge to noticeN.I.

8C.(1) This regulation applies where—

(a)a person who has received notice of the registration of a sum under regulation 8B for enforcement against that person as a fine makes a statutory declaration to the effect mentioned in paragraph (2), and

(b)that declaration is, within 21 days of the date on which the person making it received notice of the registration, served on the clerk of petty sessions.

(2) The statutory declaration must state—

(a)that the person making the declaration was not the person to whom the relevant fixed penalty notice was given, or

(b)that the person gave notice requesting to be tried in respect of the alleged offence as permitted by the fixed penalty notice before the end of the suspended enforcement period.

(3) In any case within paragraph (2)(a), the relevant fixed penalty notice, the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void.

(4) In any case within paragraph (2)(b)—

(a)the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void, and

(b)the case shall be treated after the declaration is served as if the person making the declaration had given notice requesting to be tried in respect of the alleged offence as stated in the declaration.

(5) References in this regulation to the relevant fixed penalty notice are to the fixed penalty notice relating to the penalty concerned.

(6) In any case within paragraph (2)(b), Article 19(1)(a) of the Magistrates’ Courts (Northern Ireland) Order 1981 (limitation of time) shall have effect as if for the reference to the time when the offence was committed there were substituted a reference to the date of the statutory declaration made for the purposes of paragraph (1).

(7) Paragraph (8) applies where, on the application of a person who has received notice of the registration of a sum under regulation 8B for enforcement against that person as a fine, it appears to a court of summary jurisdiction that it was not reasonable to expect that person to serve, within 21 days of the date on which that person received the notice, a statutory declaration to the effect mentioned in paragraph (2).

(8) The court may accept service of such a declaration by that person after that period has expired; and a statutory declaration so accepted shall be taken to have been served as required by paragraph (1).

(9) In this regulation references to proceedings for enforcing payment of the sum registered are references to any process issued or other proceedings taken for or in connection with enforcing payment of that sum (including the making of a collection order).

(10) For the purposes of this regulation, a person shall be taken to receive notice of the registration of a sum under regulation 8B for enforcement against that person as a fine when that person receives notice either of the registration as such or of any proceedings for enforcing payment of the sum registered.

(11) Nothing in this regulation is to be read as prejudicing any rights a person may otherwise have by virtue of the invalidity of any action purportedly taken under these Regulations which is not in fact authorised by these Regulations in the circumstances of the case.

(12) Accordingly, references in this regulation to the registration of any sum or to any other action taken under these Regulations are not to be read as implying that the registration or action was validly made or taken.

Setting aside of sum enforceable under regulation 8BN.I.

8D.(1) A court of summary jurisdiction may, in the interests of justice, set aside a sum enforceable as a fine as a result of regulation 8B.

(2) Where a court sets aside such a sum, it must give a direction that either—

(a)no further action is to be taken in respect of the alleged offence that gave rise to the fixed penalty notice concerned; or

(b)that the case is to be treated as if the person concerned had given notice requesting to be tried in respect of the offence.

(3) Where a court gives a direction under paragraph (2)(a), the fixed penalty notice concerned, the registration and any proceedings taken for enforcing payment of the sum registered shall be void.

(4) Where a court gives a direction under paragraph (2)(b)—

(a)the registration and any proceedings taken for enforcing payment of the sum registered shall be void; and

(b)Article 19(1)(a) of the Magistrates’ Courts (Northern Ireland) Order 1981 (limitation of time) shall have effect as if for the reference to the time when the offence was committed there were substituted a reference to the date of the setting aside.

(5) In this regulation references to proceedings for enforcing payment of the sum registered are references to any process issued or other proceedings taken for or in connection with enforcing payment of that sum (including the making of a collection order).]

PART 4 N.I.Information sharing

Power to use and disclose informationN.I.

9.—(1) This regulation applies to a person (“P”) who holds information described in paragraph (2) (“relevant information”), including where P holds that information as a result of disclosure made in accordance with paragraph (4).

(2) The information referred to in paragraph (1) is—

(a)Information provided on the Passenger Locator Form, or

(b)DA information received for a purpose described in paragraph (4)(a)(i).

(3) P may only use relevant information where it is necessary—

(a)for the purpose of carrying out a function under these Regulations,

(b)for the purpose of—

(i)preventing danger to public health as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii)monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(iii)giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or coronavirus disease.

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(4) Subject to paragraph (6), P may only disclose relevant information to another person (the “recipient”) where it is necessary for the recipient to have the information —

(a)for the purpose of carrying out a function of the recipient under—

(i)these Regulations, or

(ii)an enactment which, in England, Scotland, or Wales, has the effect of requiring the isolation or quarantine of persons who have been outside the common travel area, for any of the purposes described in sub-paragraph (b),

(b)for the purpose of—

(i)preventing danger to public health as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii)monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(iii)giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(5) Subject to paragraph (7), disclosure which is authorised by this regulation does not breach—

(a)an obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(6) This regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(7) Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.

(8) For the purposes of this regulation—

(a)data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018 M10,

(b)DA information” means information provided in accordance with, or as described in, an enactment which, in England, Scotland or Wales, has the effect of requiring the isolation or quarantine of persons who have been outside the common travel area, for any of the purposes described in paragraph (3)(b).

Commencement Information

I9Reg. 9 in operation at 8.6.2020, see reg. 1

Marginal Citations

Self-incriminationN.I.

10.—(1) Information provided by a person in accordance with, or as described in, regulation 3 may be used in evidence against the person, subject to paragraphs (2) to (4).

(2) In criminal proceedings against the person—

(a)no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b)no question relating to the information may be asked by or on behalf of the prosecution.

(3) Paragraph (2) does not apply if the proceedings are for—

(a)an offence under these Regulations, or

(b)an offence under Article 10 the Perjury (Northern Ireland) Order 1979 M11 (false statements made otherwise than on oath).

(4) Paragraph (2) does not apply if, in the proceedings—

(a)evidence relating to the information is adduced by or on behalf of the person who provided it, or

(b)a question relating to the information is asked by or on behalf of that person.

Commencement Information

I10Reg. 10 in operation at 8.6.2020, see reg. 1

Marginal Citations

PART 5 N.I.Review and expiry of regulations

Review of need for restrictionsN.I.

[F3911.(1) The Department of Health must review the need for the requirements imposed by these Regulations at least once every 28 days, with the first review being carried out by 7 September 2020.

(2) Any amendment to these Regulations will be considered to be a review for the purposes of this regulation.]

Expiry of these RegulationsN.I.

12.—(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

I11Reg. 12 in operation at 8.6.2020, see reg. 1

Sealed with the Official Seal of the Department of Health on 5th June 2020

L.S.

Dr Michael McBride

A senior officer of the

Department of Health

Regulation 3(2)

SCHEDULE 1N.I.Passenger information

1.  Personal details of the passenger—N.I.

(a)their full name,

(b)their sex,

(c)their date of birth,

(d)their passport number, or travel document reference number (as appropriate), issue and expiry dates and issuing authority,

(e)their telephone number,

(f)their home address,

(g)their email address.

Commencement Information

I12Sch. 1 para. 1 in operation at 8.6.2020, see reg. 1

2.  Journey details of the passenger—N.I.

[F40(a)the address or addresses in the United Kingdom at which—

(i)in the case of a person who is required to comply with regulation 4, they intend to self-isolate, or

(ii)in the case of any other person, they intend to stay during the period of 10 days beginning on the day after the date of their arrival in the United Kingdom,]

(b)the date, or planned date, as appropriate of their arrival at an address specified in sub-paragraph (a) [F41(where required to comply with regulation 4)],

(c)the operator they are travelling with or through which their booking was made,

(d)their [F42seat number],

[F43(da)their coach number,]

(e)the flight number [F44or vessel name],

(f)the name of the organised travel group with whom they are travelling,

(g)the location at which they will arrive in the United Kingdom,

(h)the country [F45or territory] they are travelling from,

[F46(hza)the part of the country or territory they are travelling from, if that part—

(i)is specified in Schedule 3, or

(ii)is, where the country or territory itself is specified in that Schedule, expressly excluded in relation to that country or territory,]

[F47(ha)any other country or territory they have departed from or transited through in the period beginning with the [F4810th day] before the date of their arrival in Northern Ireland, and in any such case, the dates of departing from or transiting any such country or territory,]

[F49(hb)the part of any other country or territory which they have departed from or transited through during that period, including the dates of departure or transit, if that part—

(i)is specified in Schedule 3, or

(ii)is, where the country or territory itself is specified in that Schedule, expressly excluded in relation to that country or territory,]

(i)the date and time, or planned date and time, as appropriate, of their arrival in the United Kingdom,

(j)whether they are connecting through the United Kingdom to a destination outside the United Kingdom and, if so—

(i)the location at which they will depart from the United Kingdom,

(ii)their final destination country [F50or territory],

(iii)the operator they are travelling with or through which their booking was made for their onward journey,

(iv)[F51the seat number] for their onward journey,

(v)the flight number [F52or vessel name for] their onward journey,

[F53(vi)the coach number for their onward journey.]

Textual Amendments

Commencement Information

I13Sch. 1 para. 2 in operation at 8.6.2020, see reg. 1

3.  Whether they are providing passenger information on behalf of another person.N.I.

Commencement Information

I14Sch. 1 para. 3 in operation at 8.6.2020, see reg. 1

4.  Where the passenger is travelling with a child for whom they have responsibility—N.I.

(a)the full name and date of birth of that child,

(b)the relationship of the passenger to that child.

Commencement Information

I15Sch. 1 para. 4 in operation at 8.6.2020, see reg. 1

5.  Details of an emergency contact—N.I.

(a)their full name,

(b)their telephone number.

Commencement Information

I16Sch. 1 para. 5 in operation at 8.6.2020, see reg. 1

Regulation 3(9) and 4(12)

SCHEDULE 2N.I.Persons not required to comply with regulation 3 or 4

PART 1N.I.Persons not required to comply with regulation 3 and regulation 4

1.—(1) A person (“P”) who is—N.I.

(a)a member of a diplomatic mission in the United Kingdom,

(b)a member of a consular post in the United Kingdom,

(c)an officer or servant of an international organisation,

(d)employed by an international organisation as an expert or on a mission,

(e)a representative to an international organisation,

(f)a representative at an international or United Kingdom conference who is granted privileges and immunities in the United Kingdom,

(g)a member of the official staff of a representative to an international organisation, or of a person falling within paragraph (f),

(h)described in paragraph (a) or (b) who is passing through the United Kingdom to commence or continue their functions at a diplomatic mission or consular post in another country or territory, or to return to the country of their nationality,

(i)a representative of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom,

(j)a representative of the government of a British Overseas territory,

(k)a diplomatic courier or a consular courier,

(l)a member of the family forming part of the household of a person falling within any of paragraphs (a) to (k).

(2) The conditions referred to in regulation 4(12)(a)(i) (persons who are not required to comply with regulation 4) are that—

(a)the relevant head of the mission, consular post, international organisation, or conference, 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 [F54the Foreign, Commonwealth and Development Office] that—

(i)P is required to undertake work which is essential to the functioning of the mission, consular post, international organisation, conference, or office, or to undertake work 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

(ii)that work cannot be undertaken whilst the person is complying with regulation 4, and

(b)prior to P's arrival in the United Kingdom [F55the Foreign, Commonwealth and Development Office]

(i)has confirmed in writing to the person giving the confirmation referred to in paragraph (a) that is has received that confirmation, and

(ii)where P is a representative of a foreign country or territory, has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 4.

(3) For the purposes of this paragraph—

(a)consular courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a consular courier in accordance with Article 35(5) of the Vienna Convention on Consular Relations of 1963,

(b)consular post” means any consulate-general, consulate, vice consulate or consular agency,

(c)diplomatic courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a diplomatic courier in accordance with Article 27(5) of the Vienna Convention on Diplomatic Relations of 1961,

(d)international organisation” means an international organisation accorded privileges and immunities in the United Kingdom,

(e)member of a consular post” means “consular officer”, “consular employee” and “member of the service staff” as defined in Schedule 1 of the Consular Relations Act 1968 M12, and “head of consular post” has the meaning given in that Schedule,

(f)member of a diplomatic mission” means “head of the mission”, “members of the diplomatic staff”, “members of the administrative and technical staff” and “members of the service staff” as defined in Schedule 1 to the Diplomatic Privileges Act 1964 M13.

(4) This paragraph is without prejudice to any immunity from jurisdiction or inviolability which is accorded to any person described in sub-paragraph (1) under the law of Northern Ireland apart from these Regulations.

Textual Amendments

Commencement Information

I17Sch. 2 para. 1 in operation at 8.6.2020, see reg. 1

Marginal Citations

M121968 c. 18. There are amendments but none is relevant

M131964 c. 81. There are amendments but none is relevant

2.—(1) A Crown servant or government contractor where they are—N.I.

(a)required to undertake essential government work related to the United Kingdom border in the United Kingdom within [F56the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4], or

(b)undertaking essential government work related to the United Kingdom border outside of the United Kingdom but—

(i)are required to return to the United Kingdom temporarily,

(ii)will thereafter depart to undertake essential government work related to the United Kingdom border outside of the United Kingdom.

(2) For the purposes of sub-paragraph (1) and paragraph 3—

(a)Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989 M14,

(b)essential government work” means work which has been designated as such by the relevant Department or employer,

(c)government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989.

Textual Amendments

Commencement Information

I18Sch. 2 para. 2 in operation at 8.6.2020, see reg. 1

Marginal Citations

M14The definition of “visiting force” in section 12(1) was amended by paragraph 14(1) of Schedule 15 to the Criminal Justice Act 1988 (c. 33)

3.—(1) A person who is a Crown Servant, a government contractor, or a member of a visiting force, who—N.I.

(a)is required to undertake work necessary to the delivery of essential defence activities, F57...

[F58(aa)has travelled from a point of origin within the common travel area or from an exempt country or territory on a vessel or aircraft operated by, or in support of, Her Majesty’s armed forces or by, or in support, of a visiting force and that vessel or aircraft has not taken on any persons, docked in any port or landed in any non-exempt country or territory, or]

(b)has undertaken a continuous period of at least [F5910 days] [F60ending with the day immediately preceding the day of their arrival in the United Kingdom] aboard a vessel operated by or in support of Her Majesty's Naval Service [F61or by, or in support of, a visiting force] [F62, where they have not disembarked] and that vessel has not taken on any persons or docked in any port outside of the common travel area for a period of at least [F5910 days] [F63ending with the day of its arrival] in the United Kingdom.

(2) For the purposes of sub-paragraph (1)—

(a)defence” has the meaning given in section 2(4) of the Official Secrets Act 1989,

[F64(b)“visiting force” means any body, contingent or detachment of the forces of a country, being a body, contingent or detachment for the time being present in the United Kingdom (including United Kingdom territorial waters), on the invitation of Her Majesty’s Government in the United Kingdom.]

Textual Amendments

Commencement Information

I19Sch. 2 para. 3 in operation at 8.6.2020, see reg. 1

4.  An official of a foreign Government. required to travel to the United Kingdom to undertake essential border security duties, or a contractor directly supporting these essential border security duties where—N.I.

(a)they are in possession of a written notice signed by a senior member of their foreign Government confirming that they are required to undertake essential border security duties in the United Kingdom within [F65the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4] and that that work cannot be undertaken whilst the person is complying with regulation 4, or

(b)their deployment is in line with a standing bilateral or multilateral agreement with Her Majesty's Government on the operation of the Border controls within the United Kingdom.

Textual Amendments

Commencement Information

I20Sch. 2 para. 4 in operation at 8.6.2020, see reg. 1

PART 2N.I.Persons not required to comply with regulation 4

[F664A.(1) A road passenger transport worker.N.I.

(2) For the purposes of this paragraph—

(a)“road passenger transport worker” means—

(i)the driver of a public service vehicle, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council, and who is acting in the course of their employment,

(b)“driver” includes a person who is travelling in a vehicle as a relief driver,

(c)public service vehicle” has the meaning given in Article 2(1) of the Road Traffic (Northern Ireland) Order 1981.

4B.(1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 1995, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007.N.I.

(2) For the purposes of sub-paragraph (1) and paragraph 4C—

(a)“the Maritime Labour Convention, 2006” means the Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organisation,

(b)“the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14th June 2007 by the International Labour Organisation.

4C.  A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007.N.I.

4D.  An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 [F67, or by a government of a relevant British possession as defined in section 313(1) of that Act], where they have travelled to the United Kingdom in the course of their workN.I.

4E.  Crew, as defined in paragraph 1 of Schedule 1 to the Air Navigation Order 2016, where such crew have travelled to the United Kingdom in the course of their work.N.I.

4F.(1) Any of the following who have travelled to the United Kingdom in the course of their work—N.I.

(a)drivers and crews on shuttle services and on services for the carriage of passengers or goods by way of the tunnel system,

(b)other workers carrying out essential roles for the safe or efficient operation of the tunnel system, shuttle services or services for the carriage of passengers or goods by way of the tunnel system, or relating to the security of the tunnel system or any such services.

(2) For the purposes of sub-paragraph (1)—

(a)“shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987,

(b)“tunnel system” has the meaning given in section 1(7) of that Act.

4G.(1) The condition mentioned in regulation 3(9)(c) is that the person has on the journey to Northern Ireland travelled only—N.I.

(a)on a conveyance which does not carry passengers,

(b)in an area of a conveyance which is not accessible to passengers, or

(c)in an area of a conveyance which is accessible to passengers in vehicles, where passengers remain within their vehicles while the person is present in that area of the conveyance.

(2) For the purposes of this paragraph—

“not accessible to passengers” means separated by a continuous physical barrier which passengers are not permitted to cross;

“passenger” does not include a person of the description in paragraph 4F(1)(b).]

5.—(1) A transit passenger.N.I.

(2) For the purposes of sub-paragraph (1), “transit passenger” means a person who, on arrival in the United Kingdom, passes through to another country or territory without entering the United Kingdom.

Commencement Information

I21Sch. 2 para. 5 in operation at 8.6.2020, see reg. 1

6.—(1) A road haulage worker F68....N.I.

(2) For the purposes of this paragraph—

(a)driver” includes a person who is travelling in a vehicle as a relief driver,

(b)goods vehicle” has the meaning given in Article 2(1) of the Road Traffic (Northern Ireland) Order 1981 M15,

(c)road haulage worker” means—

(i)the driver of a goods vehicle that is being used in connection with the carriage of goods, other than goods for non-commercial personal use by the driver, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council M16, and who is acting in the course of their employment,

F69(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I22Sch. 2 para. 6 in operation at 8.6.2020, see reg. 1

Marginal Citations

M16OJ No. L 300, 14.11.2009, p. 72

F707.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

F718.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

F729.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

F7310.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

11.  Civil aviation inspectors, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7th December 1944 M17, where they have travelled to the United Kingdom when engaged on inspection duties.N.I.

Commencement Information

I23Sch. 2 para. 11 in operation at 8.6.2020, see reg. 1

Marginal Citations

M17The latest edition of Annex 9, which is published by the International Civil Aviation Organization, is the 15th edition, which applied from 23rd February 2018 (ISBN 978-92-9258-304-9)

12.  Any of the following who have travelled to the United Kingdom in the course of their work—N.I.

F74(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)operational, rail maintenance, safety and security workers working on the tunnel system,

F75(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of sub-paragraph (1)—

F76(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)tunnel system” has the meaning given in section 1(7) of [F77the Channel Tunnel Act 1987].

[F7813.(1) Any person who the relevant Department has certified as meeting the description in sub-paragraph (a), (b) or (c)—N.I.

(a)a Crown servant or government contractor who is required to undertake essential policing or essential government work in the United Kingdom within the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4,

(b)a person returning from conducting essential state business outside of the United Kingdom,

(c)a person returning to the United Kingdom where this is necessary to facilitate the functioning of a diplomatic mission or consular post of Her Majesty or of a military or other official posting on behalf of Her Majesty.

(2) For the purposes of sub-paragraph (1)—

(a)“consular post” means any consulate-general, consulate, vice-consulate or consular agency,

(b)“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989,

(c)“essential government work” means work which has been designated as such by the relevant Department, and includes, in particular, work related to national security, the work of the National Crime Agency in pursuance of its statutory functions, and work related to immigration, the coronavirus disease or any other crisis response, but does not include work of the description in paragraph 2 of Part 1 of this Schedule,

(d)“essential policing” means policing which has been designated as such on behalf of the relevant chief officer or chief constable,

(e)“essential state business” means activity which has been designated as essential to the United Kingdom or Her Majesty’s Government by the relevant Department, and includes, in particular, bilateral or multilateral discussions with another state or international organisation and visits to another state on behalf of the United Kingdom or Her Majesty’s Government,

(f)“government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989.]

[F7813A.(1) A person returning from undertaking essential or emergency work outside of the United Kingdom, which has been certified by the relevant Department as necessary to facilitate essential government work or essential state business.N.I.

(2) For the purposes of sub-paragraph (1) “essential government work” and “essential state business” have the same meaning as in paragraph 13.]

14.  A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 1984 M18.N.I.

Commencement Information

I25Sch. 2 para. 14 in operation at 8.6.2020, see reg. 1

Marginal Citations

15.  A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003 M19 or sought for extradition pursuant to any other extradition arrangements.N.I.

Commencement Information

I26Sch. 2 para. 15 in operation at 8.6.2020, see reg. 1

Marginal Citations

16.  A representative of any territory travelling to the United Kingdom in order to take into custody a person whose surrender has been ordered pursuant to any provision of the Extradition Act 2003.N.I.

Commencement Information

I27Sch. 2 para. 16 in operation at 8.6.2020, see reg. 1

17.—(1) Workers engaged in essential or emergency works—N.I.

(a)related to water supplies and sewerage services, and

(b)carried out by a relevant undertaker,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of this paragraph—

(a)essential or emergency works” includes—

(i)inspections, maintenance, repairs, and asset replacement activities,

(ii)monitoring, sampling and analysis of water supplies under the Private Water Supplies Regulations (Northern Ireland) 2017 M20, or the Water Supply (Water Quality) Regulations (Northern Ireland) 2017 M21,

(b)sewerage services” has the meaning given in regulation 2(2) of the Water and Sewerage Services (Northern Ireland) Order 2006 M22,

(c)relevant undertaker” has the meaning given in regulation 2(1) of the Water Supply (Water Quality) Regulations (Northern Ireland) 2017 and is appointed under Article 13 of the Water and Sewerage Services (Northern Ireland) 2006.

Commencement Information

I28Sch. 2 para. 17 in operation at 8.6.2020, see reg. 1

Marginal Citations

[F7917A.  Workers engaged in essential or emergency works on behalf of the Department for Infrastructure relating to flood risk management, within the meaning of the Water Environment (Floods Directive) Regulations (Northern Ireland) 2009 or the Drainage (Northern Ireland) Order 1973.]N.I.

18.—(1) Workers engaged in essential or emergency works—N.I.

(a)related to—

(i)a generating station,

(ii)an electricity interconnector,

(iii)a district heat network as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014 M23,

(iv)communal heating as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014,

(v)automated ballast cleaning and track re-laying systems on a network, or

(vi)the commissioning, maintenance and repair of industrial machinery for use on a network, or

(b)carried out by or on behalf of—

(i)the national system operator,

(ii)a person holding a transmission licence,

(iii)a person holding a distribution licence,

(iv)a person holding a licence under Article 8 of the Gas (Northern Ireland) Order 1996 M24,

(v)a LNG facility as defined in Article 3 of the Gas (Northern Ireland) Order 1996, or

(vi)a person holding access rights under regulation 4 or holding a European licence granted under regulation 44 or recognised under regulation 45 of the Railways (Infrastructure Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016 M25,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of this paragraph—

(a)distribution licence” means a licence granted under Article 10(1)(bb) of the Electricity (Northern Ireland) Order 1992 M26,

(b)essential or emergency works” includes commissioning, inspections, maintenance, repairs, and asset replacement activities,

(c)national system operator” means the person operating the national transmission system for Northern Ireland,

(d)“network”, in sub-paragraph (1)(a)(v), has the meaning given in section 83(1) of the Railways Act 1993 M27,

(e)transmission licence” means a licence granted under Article 10(1)(b) of the Electricity (Northern Ireland) Order 1992,

[F80(f)“generating station” and “transmission system” have the meanings given in Article 3 of the Electricity (Northern Ireland) Order 1992.]

Textual Amendments

Commencement Information

I29Sch. 2 para. 18 in operation at 8.6.2020, see reg. 1

Marginal Citations

M23S.I. 2014/3120. There are no relevant amending instruments

M271993 c. 43. There are amendments to section 83(1) but none is relevant

19.—(1) A person who is—N.I.

(a)nuclear personnel, and who is essential to the safe and secure operations of a site in respect of which a nuclear site licence has been granted,

(b)a nuclear emergency responder,

(c)an agency inspector, or

(d)a Euratom inspector, provided that they arrive in Northern Ireland before IP completion day,

where the person has travelled to the United Kingdom in the course of their work.

(2) For the purposes of this paragraph—

(a)agency inspector” has the meaning given in section 1(1) of the Nuclear Safeguards Act 2000 M28,

(b)nuclear emergency responder” means any person providing assistance to the United Kingdom in accordance with the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency done at Vienna on 26 September 1986, who has been duly notified to and accepted by the United Kingdom, where the United Kingdom has requested assistance under that Convention,

(c)Euratom inspector” means an inspector sent to the United Kingdom by the Commission of the European Union in accordance with Articles 81 and 82 of the Euratom Treaty,

(d)nuclear personnel” means—

(i)a worker who is employed to carry out work on or in relation to a site in respect of which a nuclear site licence has been granted, or

(ii)an employee of the Nuclear Decommissioning Authority M29,

(e)nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965 M30.

Commencement Information

I30Sch. 2 para. 19 in operation at 8.6.2020, see reg. 1

Marginal Citations

M29The Nuclear Decommissioning Authority was established by section 1 of the Energy Act 2004

M301965 c. 57. Section 1 was substituted by paragraph 17 of Schedule 2 to the Energy Act 2013 (c. 32); by virtue of section 1(2), a licence described in section 1(1) is referred to as a “nuclear site licence

20.  An Inspector from the Organisation for the Prohibition of Chemical Weapons, within the meaning given to “inspector” by section 24(e) of the Chemical Weapons Act 1996 M31, who has travelled to the United Kingdom for the purposes of an inspection.N.I.

Commencement Information

I31Sch. 2 para. 20 in operation at 8.6.2020, see reg. 1

Marginal Citations

21.—(1) A person who is—N.I.

(a)carrying out a critical function at a space site or spacecraft controller who is responsible for command and control of a launch vehicle or spacecraft for nominal operations, collision avoidance or anomalies, or

(b)employed by, or contracted to provide services to, a person who operates or maintains space situational awareness capabilities,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

(a)space site” has the meaning given in paragraph 5(3) of Schedule 4 to the Space Industry Act 2018 M32,

(b)space situational awareness capabilities” means the sensors, systems and analytical services needed to provide time-sensitive warnings of space weather events, orbital collisions, orbital fragmentations or the re-entry of man-made objects from orbit,

(c)spacecraft” has the meaning given in section 2(6) of the Space Industry Act 2018,

(d)spacecraft controller” means a person competent, authorised and responsible for maintaining safe and secure operation of spacecraft through monitoring the status of a spacecraft, issuing manoeuvre commands or controlling other aspects of the spacecraft that influence its behaviour including its motion in space.

Commencement Information

I32Sch. 2 para. 21 in operation at 8.6.2020, see reg. 1

Marginal Citations

22.—(1) A specialist aerospace engineer, or a specialist worker, where they have travelled to the United Kingdom in the course of their work.N.I.

(2) For the purposes of sub-paragraph (1)—

(a)specialist aerospace engineer” means a person who is employed or otherwise engaged to provide engineering services for the purpose of ensuring the continued operation of aviation activities (including but not limited to the provision of maintenance and repair services for production lines, aviation components, grounded aircraft and new aircraft),

(b)specialist aerospace worker” means a person who is employed or otherwise engaged to provide services for the purpose of ensuring safety management and quality assurance as required by relevant standards, guidance and publications on aviation safety produced by the Civil Aviation Authority or the European Union Aviation Safety Agency M33.

Commencement Information

I33Sch. 2 para. 22 in operation at 8.6.2020, see reg. 1

Marginal Citations

M33The Civil Aviation Authority was established under section 1(1) of the Civil Aviation Act 1971 (c.75). That Act was replaced by a consolidating statute, the Civil Aviation Act 1982 (c.16), section 2(1) of which provides for the continued existence of the Civil Aviation Authority. There are amendments to section 2 but none is relevant. The European Union Aviation Safety Agency was established by Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91

23.—(1) A person engaged in operational, maintenance or safety activities of a downstream oil facility that has a capacity in excess of 20,000 tonnes, where —N.I.

(a)the downstream oil facility is engaged in a specified activity carried on in the United Kingdom in the course of a business, and contributes (directly or indirectly) to the supply of crude oil based fuels to consumers in the United Kingdom or persons carrying on business in the United Kingdom, and

(b)the activities are required to ensure continued safe operation of the facility,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

(a)a facility has a capacity in excess of 20,000 tonnes at any time if it was used in the previous calendar year for the purposes of downstream oil sector activities in relation to more than that number of tonnes of oil,

(b)“specified activities” are—

(i)storing oil,

(ii)handling oil,

(iii)the carriage of oil by sea or inland water,

(iv)conveying oil by pipes,

(v)refining or otherwise processing oil.

Commencement Information

I34Sch. 2 para. 23 in operation at 8.6.2020, see reg. 1

24.—(1) A worker F81... required [F82to undertake or commence within [F83the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4]]N.I.

(a)activities on or in relation to [F84an offshore installation],

(b)activities on or in relation to upstream petroleum infrastructure,

(c)critical safety work on [F85an offshore installation or well being decommissioned or] preserved pending demolition or reuse, or

(d)activities for the provision of workers, goods, materials or equipment or other essential services required to support the safe operation of the activities referred to in paragraphs (a) to (c) [F86 ,

where they have travelled to the United Kingdom in the course of their work]

(2) For the purposes of sub-paragraph (1)—

(a)offshore [F87installation]” has the meaning given in section 44 of the Petroleum Act 1998 M34,

(b)upstream petroleum infrastructure” has the meaning given in section 9H of that Act M35,

(c)[F88well]” has the meaning given in section 45A(10) of that Act M36.

Textual Amendments

Commencement Information

I35Sch. 2 para. 24 in operation at 8.6.2020, see reg. 1

Marginal Citations

M341998 c. 17. Section 44 was amended by paragraph 11 of Schedule 1 to the Energy Act 2008 (32)

M35Section 9H was substituted by section 74(2) of the Energy Act 2016 (c. 20)

M36Section 46A was inserted by section 75(1) of the Energy Act 2008

25.  A postal operator, as defined in section 27(3) of the Postal Services Act 2011 M37, where they have travelled to the United Kingdom in the course of their work.N.I.

Commencement Information

I36Sch. 2 para. 25 in operation at 8.6.2020, see reg. 1

Marginal Citations

26.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works or services (including commissioning, maintenance and repairs and safety checks) to ensure the continued production, supply, movement, manufacture, storage or preservation of goods, where they have travelled to the United Kingdom in the course of their work or otherwise to commence or resume their work.N.I.

Commencement Information

I37Sch. 2 para. 26 in operation at 8.6.2020, see reg. 1

27.  A worker with specialist technical skills where those specialist technical skills are required for essential or emergency works [F89(including construction, commissioning, installation,] maintenance, repairs and safety checks) or to fulfil contractual obligations or warranty specifications in, or in connection with, waste management facilities used for the management, sorting, treatment, recovery, or disposal of waste (including energy from waste), where they have travelled to the United Kingdom in the course of their work.N.I.

Textual Amendments

Commencement Information

I38Sch. 2 para. 27 in operation at 8.6.2020, see reg. 1

28.—(1) Any of the following—N.I.

(a)a person (“P”) who—

(i)before travelling to the United Kingdom has made arrangements with a healthcare provider in the United Kingdom to receive healthcare (or where P is a child, on whose behalf such arrangements have been made),

(ii)is in possession of written confirmation of the arrangements from the provider,

(iii)has travelled to the United Kingdom to receive that healthcare, and

(iv)is attending a place to receive that healthcare or is travelling directly between that place and the place where they are self-isolating,

(b)a person who—

(i)is accompanying P for the purpose of providing necessary care or support to P in the circumstances referred to in sub-paragraph (1)(a)(iv), or

(ii)is travelling, for the purpose of so accompanying P, directly between the place where they are self-isolating and any of the places referred to in sub-paragraph (1)(a)(iv),

where that person has travelled to the United Kingdom for that purpose and is in possession of the confirmation referred to in sub-paragraph (1)(a)(ii) or a copy of it,

(c)an accompanying child who is accompanying P, or where P is a child, is accompanying a person referred to in sub-paragraph (1)(b),

(d)a live donor who is attending a place for the purpose referred to in the definition of “live donor” or when travelling directly between that place and the place where they are self-isolating.

(2) For the purposes of this paragraph—

(a)accompanying child”, in relation to P, means a child who has arrived in Northern Ireland with P and for whom P has responsibility, or where P is a child means a child who has arrived in Northern Ireland with the person referred to in sub-paragraph (1)(b), and for whom that person has responsibility,

(b)healthcare” means all forms of healthcare provided for individuals, whether relating to mental or physical health, including healthcare in connection with giving birth,

(c)live donor” means a person who—

(i)has travelled to the United Kingdom for the purpose of donation of material which consists of or includes their human cells pursuant to arrangements made with a provider in the United Kingdom before travelling to the United Kingdom, and which are to be used by the provider for the purpose of providing healthcare, and

(ii)who is in possession of written confirmation of the arrangements from the provider,

(d)provider” means a provider of healthcare,

(e)references to a place where a person is self-isolating are to a place where they are required to self-isolate, or permitted to be, by virtue of regulation 4.

Commencement Information

I39Sch. 2 para. 28 in operation at 8.6.2020, see reg. 1

[F9028A.(1) Any of the following—N.I.

(a)an elite sportsperson (“P”) who—

(i)before travelling to the United Kingdom has made arrangements with a business in the United Kingdom to be subject to one or more medical examinations to help that business determine whether to offer that sportsperson a contract to participate in elite sports events on behalf of that business,

(ii)is in possession of written confirmation of the arrangements from the business,

(iii)has travelled to the United Kingdom to be subject to one or more such examinations, and

(iv)is attending a place to be subject to an examination or is travelling directly—

(aa)between that place and the place where they are self-isolating, or

(bb)between that place and any other place at which another examination will be carried out,

(b)a person who—

(i)is accompanying P for the purpose of providing necessary care or support to P in the circumstances referred to in sub-paragraph (1)(a)(iv), or

(ii)is travelling, for the purpose of so accompanying P, directly—

(aa)between the place where they are self-isolating and the place at which an examination will be carried out, or

(bb)between a place at which an examination will be carried out and another such place,

where that person has travelled to the United Kingdom for that purpose and is in possession of the confirmation referred to in sub-paragraph (1)(a)(ii) or a copy of it.

(2) For the purposes of this paragraph—

(a)“elite sportsperson” means an individual who derives a living from competing in a sport,

(b)references to a place where an individual is self-isolating are to a place where that individual is required to self-isolate, or permitted to be at, by virtue of regulation 4.]

29.[F91(1) A person who has travelled to the United Kingdom for the purpose of transporting material which consists of, or includes, human cells or blood and which is to be used for the provision of healthcare by a healthcare provider.]N.I.

(2) For the purposes of sub-paragraph (1)—

(a)blood” includes blood components,

(b)“healthcare” and “provider” have the meanings given in paragraph 28(2).

Textual Amendments

Commencement Information

I40Sch. 2 para. 29 in operation at 8.6.2020, see reg. 1

F9230.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

31.  A person who is an “inspector” within the meaning given in regulation 8(1) of the Human Medicines Regulations 2012 M38, who has travelled to the United Kingdom to undertake activities in relation to their role as such a person.N.I.

Commencement Information

I41Sch. 2 para. 31 in operation at 8.6.2020, see reg. 1

Marginal Citations

32.—(1) A person who—N.I.

(a)has travelled to the United Kingdom to—

(i)conduct a clinical trial within the meaning of “conducting a clinical trial” in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004 M39,

(ii)undertake such activities as are necessary or expedient to prepare for the conduct of a clinical trial, or

(iii)carry out any necessary compliance activity in relation to a clinical trial that cannot be conducted remotely,

(b)is a “qualified person” within the meaning of regulation 43 of those Regulations, where they have travelled to the United Kingdom in order to undertake activities in relation to their role as such a person, or

(c)is a “sponsor” within the meaning given in regulation 2(1) of those Regulations, or carries out the functions or duties of a sponsor, of a clinical trial and has travelled to the United Kingdom to undertake activities in relation to a clinical trial.

(2) For the purposes of sub-paragraph (1), “clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004.

Commencement Information

I42Sch. 2 para. 32 in operation at 8.6.2020, see reg. 1

Marginal Citations

M39S.I. 2004/1031, to which there are amendments not relevant to these Regulations

33.  A person who has travelled to the United Kingdom to conduct a “clinical investigation” within the meaning of the Medical Devices Regulations 2002 M40, or to undertake such activities as are necessary or expedient to prepare for the conduct of a clinical investigation or carry out any other necessary compliance activity in relation to a clinical investigation that cannot be conducted remotely.N.I.

Commencement Information

I43Sch. 2 para. 33 in operation at 8.6.2020, see reg. 1

Marginal Citations

34.—(1) A person who is—N.I.

(a)a “qualified person” within the meaning of regulation 41(2) of the Human Medicines Regulations 2012 M41,

(b)a “responsible person” within the meaning of regulation 45(1) of those Regulations, or

(c)“an appropriately qualified person responsible for pharmacovigilance” within the meaning of regulation 182(2)(a) of those Regulations,

where they have travelled to the United Kingdom in order to undertake activities in relation to their role as such a person.

Commencement Information

I44Sch. 2 para. 34 in operation at 8.6.2020, see reg. 1

Marginal Citations

35.—(1) A person who has travelled to the United Kingdom for the purposes of their work in non critical national infrastructure industries including—N.I.

(a)a person involved in essential maintenance and repair of data infrastructure required to reduce and resolve outages, or in the provision of goods and services to support these activities' and

(b)an information technology and telecommunications professional (including information technology consultant, quality analyst, software tester, systems tester, and telecommunications planner), whose expertise is required to—

(i)provide an essential or emergency response to threats and incidents relating to the security of any network and information system, and

(ii)ensure the continued operation of any network and information system.

(2) For the purposes of sub-paragraph (1), “network and information” system has the meaning in regulation 1(2) of the Network and Information Systems Regulations 2018 M42

Commencement Information

I45Sch. 2 para. 35 in operation at 8.6.2020, see reg. 1

Marginal Citations

36.  A person who is engaged in urgent or essential work—N.I.

(a)that is necessary for the continued operation of—

(i)electronic communications networks and services as defined in section 32 of the Communications Act 2003 M43 F93..., or

(ii)the BBC's broadcasting transmission network and services,

(b)in associated supply chain companies that maintain the confidentiality, integrity, and availability of the electronic communications networks and services and the BBC transmission network and services,

where they have travelled to the United Kingdom in the course of their work.

Textual Amendments

Commencement Information

I46Sch. 2 para. 36 in operation at 8.6.2020, see reg. 1

Marginal Citations

[F9436A.  A person—N.I.

(a)who is engaged in the installation, maintenance or repair of subsea fibre optic telecommunications infrastructure,

(b)whose role directly supports the installation, maintenance or repair of subsea fibre optic telecommunications infrastructure,

where they have travelled to the United Kingdom in the course of their work.]

37.  A person—N.I.

(a)pursuing an activity as an employed or self-employed person in the United Kingdom and who resides in another country to which they usually return at least once a week, or

(b)residing in the United Kingdom and who pursues an activity as an employed or self-employed person in another country to which they usually go at least once a week.

Commencement Information

I47Sch. 2 para. 37 in operation at 8.6.2020, see reg. 1

38.—(1) A person who has an offer of employment for seasonal work to carry out specified activities in edible horticulture on a specified farm.N.I.

(2) For the purposes of sub-paragraph (1)—

(a)“seasonal work” is employment which fluctuates or is restricted due to the season or time of the year,

(b)edible horticulture” means growing—

(i)protected vegetables grown in glasshouse systems,

(ii)field vegetables grown outdoors, including vegetables, herbs, leafy salads and potatoes,

(iii)soft fruit grown outdoors or under cover,

(iv)trees that bear fruit,

(v)vines and bines,

(vi)mushrooms,

(c)specified farm” means the farm named in that person's passenger information,

(d)specified activities” means—

(i)crop maintenance,

(ii)crop harvesting,

(iii)tunnel construction and dismantling,

(iv)irrigation installation and maintaining,

(v)crop husbandry,

(vi)packing and processing of crops on employers premises,

(vii)preparing and dismantling growing areas and media,

(viii)general primary production work in edible horticulture,

(ix)activities relating to supervising teams of horticulture workers.

Commencement Information

I48Sch. 2 para. 38 in operation at 8.6.2020, see reg. 1

[F9539.(1) A domestic elite sportsperson, [F96a new domestic elite sportsperson,] an international elite sportsperson, a domestic ancillary sportsperson[F97, an international ancillary sportsperson or a multinational ancillary sportsperson].N.I.

(2) For the purposes of this paragraph—

“domestic ancillary sportsperson” means an individual essential to—

(a)

the running of an elite sports event including—

(i)

operational staff essential to the running of that elite sports event,

(ii)

event officials and referees, or

(b)

the support of a domestic elite sportsperson including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual sportsperson medical and technical support staff,

(iii)

horse grooms and trainers,

(iv)

motorsport mechanics and technical staff

(v)

the parent or carer of an elite sportsperson under the age of 18;

“domestic elite sportsperson” means an individual who—

(a)

[F98is an elite athlete,]

(aa)

[F99“elite athlete” means an individual who—

(i)

derives a living from competing in a sport,

(ii)

plays in a professional league or competition,

(iii)

is a senior representative nominated by a relevant sporting body,

(iv)

is a member of the senior training squad for a relevant sporting body, or

(v)

is aged 16 or above and on an elite development pathway,]

(b)

is in Northern Ireland, after departing from or transiting through a non-exempt country or territory, and

(c)

either—

(i)

has departed from or transited through the non-exempt country or territory in order to participate in [F100training for or to compete in] an elite sports event and has returned to Northern Ireland with the intention of continuing activities as a sportsperson, or

(ii)

is a United Kingdom sportsperson who is not habitually resident in the United Kingdom and has travelled to Northern Ireland in order to participate in training for or to compete in an elite sports event;

“elite sports event” means a specified competition or other sporting event in which the participants compete—

(a)

to derive a living, or

(b)

to qualify for the right to represent—

(i)

Great Britain and Northern Ireland or Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii)

England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey, the Isle of Man or Ireland at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

“international ancillary sportsperson” means an individual essential to—

(a)

the running of a specified competition including—

(i)

operational staff essential to the running of a specified competition,

(ii)

competition officials and referees,

(iii)

broadcast staff and journalists covering a specified competition, or

(b)

the support of an international elite sportsperson including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual athlete medical and technical support staff,

(iii)

horse grooms and trainers,

(iv)

motorsport mechanics and technical staff,

(v)

the parent or carer of an international elite sportsperson under the age of 18;

“international elite sportsperson” means an individual who travels to Northern Ireland in order to participate in a specified competition after departing from or transiting through a non-exempt country or territory at any time in the period beginning with the [F10110th day] before the date of their arrival in Northern Ireland and who—

(a)

derives a living from competing in a sport,

(b)

is a senior representative nominated by a relevant sporting body,

(c)

is a member of the senior training squad for a relevant sporting body, or

(d)

is aged 16 or above and on an elite development pathway;

[F102“multinational ancillary sportsperson” is an individual who—

(a)

provides medical or technical support to a person in the United Kingdom who is an elite athlete within the meaning of paragraph (aa) of the definition of “domestic elite sportsperson”,

(b)

is in Northern Ireland, after departing from or transiting through a non-exempt country or territory,

(c)

has returned to Northern Ireland with the intention of continuing to provide medical or technical support to an elite athlete within the meaning of paragraph (aa) of the definition of “domestic elite sportsperson”, and

(d)

has departed from or transited through the non-exempt country or territory in order to provide medical or technical support, other than as a domestic ancillary sportsperson, to a sportsperson who—

(i)

derives a living from competing in a sport,

(ii)

is a senior representative nominated by a relevant sporting body,

(iii)

is a member of the senior training squad for a relevant sporting body, or

(iv)

is aged 16 or above and on an elite development pathway;]

[F103“new domestic elite sportsperson” means an individual who—

(a)

derives a living from competing in elite sports events,

(b)

is in Northern Ireland, after departing from or transiting through a non-exempt country or territory, and

(c)

has travelled to Northern Ireland and has entered into a contract with a business in Northern Ireland to compete in elite sports events, to participate in training for and to compete in elite sports events on behalf of that business;]

F104...

(3) For the purposes of F105... paragraph (2)—

(a)“elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—

(i)so that they may derive a living from competing in that sport, or

(ii)to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham;

(b)“relevant sporting body” in relation to a sportsperson means the national governing body of a sport which may nominate sportspersons to represent—

(i)that sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii)that sportsperson’s nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

(c)“senior representative” in relation to a sportsperson means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(i)that sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games;

(ii)that sportsperson’s nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.

(4) The conditions mentioned in regulation 4(12)(ca) are—

[F106(za)where P is a new domestic elite sportsperson—

(i)P provides, on arrival in Northern Ireland, written evidence from a United Kingdom or English sport national governing body of P’s status as a new domestic elite sportsperson,

(ii)P travels directly to, and remains in any place where P is self-isolating, apart from when P is travelling to or from, or attending the location of an elite sports event or training for an elite sports event, or travelling between different locations where an elite sports event or training for an elite sports event is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with any other new domestic elite sportspersons, domestic elite sportspersons or international elite sportspersons who are competing in or training for an elite sports event or with international ancillary sportspersons or domestic ancillary sportspersons involved in an elite sports event,]

(a)where P is an international elite sportsperson—

(i)P provides, on arrival in Northern Ireland, written evidence from a United Kingdom, Northern Irish or Irish sport national governing body of P’s status as an international elite sportsperson attending a specified competition,

(ii)P travels directly to, and remains in any place where P is in self-isolation apart from when P is travelling to or from, or attending the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified competition is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with any other international elite sportspersons or domestic elite sportspersons who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition, and

(b)where P is an international ancillary sportsperson—

(i)P provides, on arrival in Northern Ireland, written evidence from a United Kingdom, Northern Irish or Irish sport national governing body of P’s status as an international ancillary sportsperson attending a specified competition,

(ii)P travels directly to and remains in the place where P will be self-isolating apart from when P is travelling to or from, or attending the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified completion is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with international elite sportspersons or domestic elite sportspersons who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition.]

Textual Amendments

F10740.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

F10840A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

F10941.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

F11042.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Regulation 2

[F111SCHEDULE 3N.I.[F112Exempt countries, territories and parts of countries or territories]

  • [F113No countries, territories or parts of countries or territories are specified in this Schedule]]

Regulation 2(1)

[F114SCHEDULE 4N.I.Specified competitions

F115...

Betfred Super League Rugby Football League fixtures

F116...

F117...

F118...

England & Wales Cricket Board International Cricket Fixtures

European Professional Club Rugby Fixtures

F119...

F120...

F121...

FIH Pro League hockey fixtures

Football Association International Fixtures

Guinness PRO14 Rugby Football Union Fixtures

F122...

F123...

F124...

Matchroom – Boxing Championship Matches

F125...

F126...

F127...

F128...

F129...

Olympic, Paralympic and Commonwealth Games Qualification Events

F130...

F131...

Professional Darts Corporation – Players Championship

F132...

F133...

Professional Darts Corporation – World Youth Championship

F134...

F135...

Rugby Football Union international fixtures

Rugby League Challenge Cup

F136...

F137...

F138...

UEFA Champions League and Europa League fixtures

F139...

F140...

World Snooker Tour – Shoot Out

[F141Cage Warriors Trilogy Series

F142...

F143...

F144...

England & Wales Cricket Board - T20 Blast

England & Wales Cricket Board - The Rachael Heyhoe Flint

Matchroom – Championship League Snooker Tournament]

F145...

F146[F147...

F148...

F149...

F150...

F151...

Professional Darts Corporation – Ladbrokes Players Championship Finals

Professional Darts Corporation – William Hill World Darts Championship

F152...

England Roses v Jamaica Sunshine Girls - Vitality International Netball Series

International Championship Boxing - Queensberry Promotions

F153...

Motorsport UK - British Kart Championships

F154...

F155...

F156...

F157...

F158...

F159...]

[F160International Boxing Championship Matches – MTK Promotions

F161...

Yonex All England Open Badminton Championships

F162...

GB Taekwondo Fight Night I – International Taekwondo, Para Taekwondo and

Karate Event

GB Taekwondo Fight Night II – International Taekwondo, Para Taekwondo and

Karate Event

F163...

F164...

F165...

F166...

Tingle Creek Chase horse-racing

F167...

F168...

F169...

F170...

F171...

F172...

Classic Chase horse-racing

Clarence House Chase horse-racing

Festival Trials Day (Cheltenham) horse-racing

Professional Darts Corporation – PDPA World Championship Qualifier

Curling Euro Super Series

F173...

Matchroom – World Pool Championship

Hennessy Sports – International Boxing Championship Matches

F174...

F175...

F176...

British Judo – British Closed Senior Invitational Competition]

[F177British Swimming International Meet

World Snooker Tour - The Masters

World Snooker Tour - German Masters

World Snooker Tour - Welsh Open

World Snooker Tour - Players Championship

Professional Darts Corporation - Unibet Premier League

Professional Darts Corporation - Ladbrokes Masters

Motorsport UK - British Rallycross Championship and Support Championship]

[F178Betfair Ascot Chase Day horse-racing

Betfair Hurdle Day horse-racing

Billie Jean King Cup Play-offs by BNP Paribas - Great Britain v Mexico

Bolton Indoor ITF Wheelchair Tennis events

FIG Gymnastics World Cup

GB Taekwondo Olympic and Paralympic Test Matches

Grand National Trial Day horse-racing

Imperial Cup meeting horse-racing

Lincoln Handicap meeting horse-racing

Matchroom - Championship League Pool

Matchroom - Superstars of Gymnastics

Matchroom - World Ping Pong Masters

Midlands National meeting horse-racing

Modern Pentathlon Test Event

Para Powerlifting World Cup

Professional Darts Corporation - Challenge Tour

Professional Darts Corporation - Development Tour

Professional Darts Corporation - UK Open

Rugby League Betfred Championship

Scottish Cheltenham Trials Weekend horse-racing

The Festival at Cheltenham horse-racing

Wheelchair Rugby Quad Nations

Women’s Invitational International Football Tournament (hosted by the FA)

World Snooker Tour - Pro Tour Series

World Snooker Tour - Gibraltar Open

World Snooker Tour - Tour Championship]]

Regulation 3(10)

[F179SCHEDULE 5N.I.Countries or territories subject to additional measures

Angola

[F180Argentina]

[F180Bolivia]

Botswana

[F180Brazil]

[F180Cape Verde]

[F180Chile]

[F180Colombia]

[F180Ecuador]

Eswatini

[F180French Guiana]

[F180Guyana]

Lesotho

Malawi

Mauritius

Mozambique

Namibia

[F180Panama]

[F180Paraguay]

[F180Peru]

[F180Portugal]

Seychelles

South Africa

[F180Suriname]

[F180Uruguay]

[F180Venezuela]

Zambia

Zimbabwe]

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose requirements on individuals arriving in Northern Ireland and who have been in a country outside the common travel area (that is, the open borders area comprising the United Kingdom, the Republic of Ireland, the Isle of Man, and the Channel Islands) in order to prevent the spread of infection or contamination from coronavirus or coronavirus disease.

The Regulations require those people (i) to provide information including contact details and details of their intended onward travel, and (ii) to self-isolate for a period of 14 days following their arrival in the common travel area. Certain categories of person, including flight crew etc. are exempt from the requirements.

These Regulations also require people who arrive in Northern Ireland from another part of the Common Travel Area, and who have been outside the common travel area, to self-isolate until 14 days after their arrival into the Common Travel Area.

No impact assessment has been prepared for these Regulations.

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