The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 8) Regulations (Northern Ireland) 2021

Statutory Rules of Northern Ireland

2021 No. 282

Public Health

The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 8) Regulations (Northern Ireland) 2021

Made

8th October 2021

Coming into operation

at 4.00 a.m. on 11th October 2021

The Department of Health(1) makes the following Regulations in exercise of the powers conferred by sections 25B and 25F of the Public Health Act (Northern Ireland) 1967(2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 8) Regulations (Northern Ireland) 2021.

(2) These Regulations come into operation at 4.00 a.m. on 11th October 2021.

(3) An amendment made by these Regulations does not apply in relation to a person arriving in Northern Ireland before the coming into operation of the provision containing the amendment.

(4) In these Regulations “the principal Regulations” means the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021(3).

(5) In these Regulations “the Operator Liability Regulations” means the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021(4).

Amendment of principal Regulations

2.  The principal Regulations are amended as mentioned in regulations 3 to 6.

Requirement to possess notification of negative test result

3.  In regulation 6(7) for the words from “valid if” to the end substitute—

“valid if—

(a) it is provided through the EU Digital Covid Certificate, or

(b) it includes the information specified in paragraph 3 of Schedule 5.”.

Red list countries

4.  In Schedule 1 (red list countries) omit—

• “Afghanistan”;

• “Angola”;

• “Argentina”;

• “Bolivia”;

• “Botswana”;

• “Brazil”;

• “Burundi”;

• “Cape Verde”;

• “Chile”;

• “Costa Rica”;

• “Cuba”;

• “Democratic Republic of Congo”;

• “Eritrea”;

• “Eswatini”;

• “Ethiopia”;

• “French Guiana”;

• “Georgia”;

• “Guyana”;

• “Indonesia”;

• “La Réunion”;

• “Lesotho”;

• “Malawi”;

• “Mayotte”;

• “Mexico”;

• “Mongolia”;

• “Montenegro”;

• “Mozambique”;

• “Myanmar”;

• “Namibia”;

• “Nepal”;

• “Paraguay”;

• “Philippines”;

• “Rwanda”;

• “Seychelles”;

• “Sierra Leone”;

• “Somalia”;

• “South Africa”;

• “Sudan”;

• “Suriname”;

• “Tanzania”;

• “Thailand”;

• “Trinidad and Tobago”;

• “Tunisia”;

• “Uganda”;

• “Uruguay”;

• “Zambia”;

• “Zimbabwe”.

Criteria to be an eligible arrival

5.—(1) Schedule 2B (criteria to be an eligible arrival) is amended as follows.

(2) In paragraph 10, in the definition of “vaccine certificate”, after “the competent health authority of a relevant country” insert “, other than a European country listed in the table in paragraph 11 or the United States of America,”.

(3) In the opening words of paragraph 12, after ““relevant country”” insert “in paragraph 10”.

(4) In the list in paragraph 12, insert the following at the appropriate places in alphabetical order—

• “Albania”;

• “Bahamas”;

• “Bangladesh”;

• “Bosnia and Herzegovina”;

• “Brazil”;

• “Chile”;

• “Colombia”;

• “Egypt”;

• “Georgia”;

• “Ghana”;

• “Grenada”;

• “Hong Kong”;

• “India”;

• “Indonesia”;

• “Jamaica”;

• “Jordan”;

• “Kenya”;

• “Kosovo”;

• “Maldives”;

• “Moldova”;

• “Montenegro”;

• “Morocco”;

• “Namibia”;

• “Nigeria”;

• “North Macedonia”;

• “Oman”;

• “Pakistan”;

• “the Philippines”;

• “Serbia”’;

• “South Africa”;

• “St Kitts and Nevis”;

• “St Lucia”;

• “St Vincent and the Grenadines”;

• “Thailand”;

• “Turkey”;

• “Ukraine”;

• “Vietnam”.

(5) After paragraph 12 insert—

“13.— (1) In the definition of “authorised vaccine” in paragraph 10, the reference to doses received in a relevant country listed in paragraph 12 includes doses administered to a person, otherwise than in a relevant country, by a person acting on behalf of the United Nations and authorised to administer the vaccination in that capacity.

(2) Where a course of doses of an authorised vaccine has been administered to a person, otherwise than in a relevant country, by a person acting on behalf of the United Nations and authorised to administer the vaccination in that capacity—

(a) the person to whom the doses have been administered is to be treated for the purposes of paragraph 2 as having received those doses in a relevant country listed in paragraph 12, and

(b) the reference in the definition of “vaccine certificate” in paragraph 10 to the competent health authority of a relevant country is to be construed as including the person acting on behalf of the United Nations.”.

Amendments to Schedule 4

6.—(1) In Part 1 (Persons who are exempt), in the table, after entry 43 insert the following entries—

“44. Non-UK police officer	Not exempt	Not exempt	Not exempt	Partial exemption (work condition)	Partial exemption (work condition)
45. Seasonal Poultry Worker	Not exempt	Not exempt	Not exempt	Partial exemption (work condition)	Not exempt”

(2) In Part 2 (Definitions of persons who are exempt, conditions, limitations of exemption and savings)—

(a) for paragraph 7(1), substitute—

“7.— (1) Where P is a person described in paragraph 1(c), (d), (e), (f), (g), (i) or (j) and meets the double confirmation condition, P is not required to comply with regulation 10.”.

(b) after paragraph 7(2), insert—

“(3) A member of the family forming part of the household of a person described in paragraph 1(a), (b) or (h) is not required to comply with regulation 10.”.

(c) for paragraph 65 substitute—

“65.— (1) A person engaged in film and high end TV production.

(2) For the purposes of this paragraph—

(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, and

(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.”.

(d) after paragraph 71 insert—

“44. Non-UK police officer

72.   An official of a foreign police force, required to travel to the United Kingdom to undertake policing activities, or a contractor directly supporting policing activities, where the relevant Department or police force in the United Kingdom has certified that the activities are essential to the foreign police force.

45. Seasonal poultry worker

73.— (1) A person who has an offer of employment for seasonal work to carry out specified poultry processing activities at specified premises.

(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 year;

(b) “specified poultry processing activities” means—

(i) catching poultry;

(ii) slaughtering poultry;

(iii) preparing and processing poultry meat;

(iv) packing poultry meat;

(c) “specified premises” means the slaughterhouse, processing site, farm or other work premises named in the offer of employment.”.

Amendment of the Operator Liability Regulations

7.  In regulation 2 (interpretation), in the definition of “required negative notification”, after “means” insert “notification provided through the EU Digital Covid Certificate or”.

Sealed with the Official Seal of the Department of Health on 8th October 2021

(L.S.)

Dr Lourda Geohegan

A senior officer of the Department of Health

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021 (S.R. 2021 No.99) (“the principal Regulations”) and the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021 (S.R. 2021 No. 102) (“the Operator Liability Regulations”).

Regulation 3 amends the principal Regulations to enable the EU Digital Covid Certificate to provide proof of a negative pre-departure test.

Regulations 4 and 5 amend the principal Regulations to remove countries from Schedule 1, Red list countries and adds to the list of countries which are “relevant countries” meaning that persons who receive vaccines in those countries can count as an “eligible arrival” for the purposes of the principal Regulations.

Regulation 6 amends Schedule 4 of the principal Regulations to introduce new exempt categories: non-UK police officers, who can self-isolate if coming from a red-list country (rather than entering managed quarantine service) and can claim an exemption from self-isolation when undertaking the exempt activity; and Seasonal poultry workers, who can claim an exemption from self-isolation when undertaking the exempt activity.

Regulation 6 also makes technical amendments to existing exemptions in Schedule 4 in relation to the film and high end TV productions exemption to widen the existing exemption and reinstate the system in place during 2020, and to amend the exemption for Diplomats and members of their family, removing the requirement to self-isolate.

Regulation 7 amends the Operator Liability Regulations to include the EU Digital Covid Certificate as a means of providing proof of negative pre-departure test status.

An impact assessment has not been produced for these Regulations.

(1)

2016 c. 5 (N.I.), s. 1(5)

(2)

1967 c. 36 (N.I.)

(3)

S.R. 2021 No. 99 as amended by S.R. 2021 Nos. 108, 121, 132, 154, 189, 213, 214, 218, 225, 230, 241, 262 and 278

(4)

S.R. 2021 No. 102 as amended by S.R. 2021 No. 189, 213, 214, 225, 230, 262 and 278