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

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Point in time view as at 31/10/2020.

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

[F14A.—(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.

Textual Amendments

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.

Textual Amendments

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.

Textual Amendments

4D.  An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 [F2, 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.

Textual Amendments

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.

Textual Amendments

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.

Textual Amendments

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).]

Textual Amendments

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

I1Sch. 2 para. 5 in operation at 8.6.2020, see reg. 1

6.—(1) A road haulage worker F3....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 M1,

(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 M2, and who is acting in the course of their employment,

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2Sch. 2 para. 6 in operation at 8.6.2020, see reg. 1

Marginal Citations

M2OJ No. L 300, 14.11.2009, p. 72

F57.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F68.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F79.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F810.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

11.  Civil aviation inspectors, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7th December 1944 M3, where they have travelled to the United Kingdom when engaged on inspection duties.N.I.

Commencement Information

I3Sch. 2 para. 11 in operation at 8.6.2020, see reg. 1

Marginal Citations

M3The 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.

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“tunnel system” has the meaning given in section 1(7) of [F12the Channel Tunnel Act 1987].

Textual Amendments

Commencement Information

I4Sch. 2 para. 12 in operation at 8.6.2020, see reg. 1

13.—(1) A crown servant or government contractor who is—N.I.

(a)required to undertake essential policing or essential government work in the United Kingdom, within [F13the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4],

(b)undertaking essential policing or essential government work outside of the United Kingdom but—

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

(ii)will thereafter depart to undertake essential government work outside of the United Kingdom, or

(iii)who is conducting bi-lateral and multilateral discussions with other nations or international organisations.

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

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

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

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

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

Textual Amendments

Commencement Information

I5Sch. 2 para. 13 in operation at 8.6.2020, see reg. 1

[F1413A.—(1) A government contractor who is contracted to undertake essential or emergency work outside of the United Kingdom, which is certified by the relevant Department as necessary to facilitate essential government work or the conduct of bilateral or multilateral discussions with another state or international organisation.N.I.

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

Textual Amendments

14.  A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 1984 M4.N.I.

Commencement Information

I6Sch. 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 M5 or sought for extradition pursuant to any other extradition arrangements.N.I.

Commencement Information

I7Sch. 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

I8Sch. 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 M6, or the Water Supply (Water Quality) Regulations (Northern Ireland) 2017 M7,

(b)“sewerage services” has the meaning given in regulation 2(2) of the Water and Sewerage Services (Northern Ireland) Order 2006 M8,

(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

I9Sch. 2 para. 17 in operation at 8.6.2020, see reg. 1

Marginal Citations

[F1517A.  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.

Textual Amendments

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 M9,

(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 M10,

(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 M11,

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 M12,

(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 M13,

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

[F16(f)“generating station” and “transmission system” have the meanings given in Article 3 of the Electricity (Northern Ireland) Order 1992.]

Textual Amendments

Commencement Information

I10Sch. 2 para. 18 in operation at 8.6.2020, see reg. 1

Marginal Citations

M9S.I. 2014/3120. There are no relevant amending instruments

M131993 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 M14,

(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 M15,

(e)“nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965 M16.

Commencement Information

I11Sch. 2 para. 19 in operation at 8.6.2020, see reg. 1

Marginal Citations

M15The Nuclear Decommissioning Authority was established by section 1 of the Energy Act 2004

M161965 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 M17, who has travelled to the United Kingdom for the purposes of an inspection.N.I.

Commencement Information

I12Sch. 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 M18,

(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

I13Sch. 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 M19.

Commencement Information

I14Sch. 2 para. 22 in operation at 8.6.2020, see reg. 1

Marginal Citations

M19The 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

I15Sch. 2 para. 23 in operation at 8.6.2020, see reg. 1

24.—(1) A worker F17... required [F18to undertake or commence within [F19the 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 [F20an offshore installation],

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

(c)critical safety work on [F21an 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) [F22 ,

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

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

(a)“offshore [F23installation]” has the meaning given in section 44 of the Petroleum Act 1998 M20,

(b)“upstream petroleum infrastructure” has the meaning given in section 9H of that Act M21,

(c)“[F24well]” has the meaning given in section 45A(10) of that Act M22.

Textual Amendments

Commencement Information

I16Sch. 2 para. 24 in operation at 8.6.2020, see reg. 1

Marginal Citations

M201998 c. 17. Section 44 was amended by paragraph 11 of Schedule 1 to the Energy Act 2008 (32)

M21Section 9H was substituted by section 74(2) of the Energy Act 2016 (c. 20)

M22Section 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 M23, where they have travelled to the United Kingdom in the course of their work.N.I.

Commencement Information

I17Sch. 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

I18Sch. 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 [F25(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

I19Sch. 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

I20Sch. 2 para. 28 in operation at 8.6.2020, see reg. 1

[F2628A.—(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.]

Textual Amendments

29.—[F27(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

I21Sch. 2 para. 29 in operation at 8.6.2020, see reg. 1

F2830.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

31.  A person who is an “inspector” within the meaning given in regulation 8(1) of the Human Medicines Regulations 2012 M24, who has travelled to the United Kingdom to undertake activities in relation to their role as such a person.N.I.

Commencement Information

I22Sch. 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 M25,

(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

I23Sch. 2 para. 32 in operation at 8.6.2020, see reg. 1

Marginal Citations

M25S.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 M26, 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

I24Sch. 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 M27,

(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

I25Sch. 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 M28

Commencement Information

I26Sch. 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 M29, (including such work relating to maintenance and repair of submarine cables connecting the United Kingdom with other countries), 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.

Commencement Information

I27Sch. 2 para. 36 in operation at 8.6.2020, see reg. 1

Marginal Citations

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

I28Sch. 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

I29Sch. 2 para. 38 in operation at 8.6.2020, see reg. 1

[F2939.—(1) A domestic elite sportsperson, an international elite sportsperson, a domestic ancillary sportsperson[F30, 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)

[F31is an elite athlete,]

(aa)

[F32“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 [F33training 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 14th 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;

[F34“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;]

F35...

(3) For the purposes of F36... 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—

(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

40.—(1) A person engaged in film[F37, advertising production or high end TV production].N.I.

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

(a)a person is engaged in film production if engaged in the making of a film which is a British film for the purposes of Schedule 1 to the Films Act 1985, F38...

(b)a person is engaged in high end TV production if working on the making of a television programme which is a British programme for the purposes of Part 15A of the Corporation Tax Act 2009],

[F39(c)a person is engaged in advertising production if that person is employed, or contracted, to make an audiovisual advertisement as—

(i)a director,

(ii)an actor, or

(iii)a director of photography.]

Textual Amendments

[F4041.—(1) A person who is undertaking activities necessary for the participation of the organisation they represent in the 4th National Lottery Licence Competition, during such activities and any necessary ancillary travel.N.I.

(2) For the purposes of sub-paragraph (1), the “4th National Lottery Licence Competition” is the competition, run by the Gambling Commission, for the licence to run the National Lottery provided for by section 5 of the National Lottery etc. Act 1993.]

Textual Amendments

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