Explanatory Note
(This note is not part of the Regulations)
These Regulations combine the provisions within the Health Protection (Coronavirus, Public Health Advice for Persons Travelling to Northern Ireland) (No.2) Regulations (Northern Ireland) 2020 and Part 2 of the Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Amendment) Regulations (Northern Ireland) 2021 along with subsequent amendments to those Regulations.
Part 2 introduces requirements for persons operating commercial transport services (“operators”) for passengers travelling to Northern Ireland from outside the common travel area to ensure that passengers who arrive in Northern Ireland on such services have completed a Passenger Locator Form (regulation 6(1)) and possess notification of a negative test result (regulation 7(1)). Breach of the requirements is an offence (regulation 8(1)).
Upon completion of the Passenger Locator Form, passengers receive a unique passenger reference number from the Home Office. An operator who has recorded a unique passenger reference number in the format used by the Home Office will have a defence to the offence in regulation 8(1)(a) (regulation 8(3)).
Part 3 requires operators to provide certain information to passengers using their services in travelling to Northern Ireland.
Regulation 10 requires operators to ensure that passengers who arrive in Northern Ireland on such services have been provided with certain public health information in the required manner, on four separate occasions. Breach of this requirement is an offence.
Regulation 11 sets out the detail of what this information must contain.
Part 4 revokes the previous Regulations and provide that these Regulations will automatically expire in March 2022. The Regulations must also be regularly reviewed to ensure they are still needed.
An impact assessment has not been completed prior to making these Regulations due to their urgent nature. However a screening exercise will be conducted before the regulations come into operation.