The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021

SCHEDULES

Regulation 3

SCHEDULE 1N.I.Red list countries

[F1No countries are currently listed for the purposes of this Schedule]

Textual Amendments

Regulation 3

F2SCHEDULE 2N.I.Green list countries – exempt countries, territories, and parts of countries or territories

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 3(1)

F3SCHEDULE 2AN.I.Amber plus list countries

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 3A(2)

[F4SCHEDULE 2BN.I.Criteria to be [F5an eligible] arrival

Textual Amendments

1.  P is [F6an “eligible”] arrival if P complies with any of paragraphs 2 to 6.N.I.

Textual Amendments

2.  P complies with this paragraph if P—N.I.

(a)has completed a course of doses of an authorised vaccine with the final dose having been received before the start of the period beginning with the 14th day before the date of P’s arrival in Northern Ireland,

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)is able to provide proof, if required by an immigration officer or the operator of the relevant service on which P travels to Northern Ireland, of meeting the requirement in sub-paragraph (a) through—

(i)the NHS COVID pass, certification issued by the Department of Health, or equivalent from NHS Scotland or NHS Wales,

(ii)the EU Digital COVID Certificate, F9...

[F10(iia)a North American Certificate;

(iib)a certificate of COVID-19 records issued by an approved third country or territory;]

(iii)the Centres for Disease Control and Prevention vaccination card, F11...

[F12(iv)a vaccine certificate [F13, and]]

F14(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria F15....

Textual Amendments

3.  P complies with this paragraph if P [F16is ordinarily resident in Northern Ireland and]—N.I.

(a)has participated, or is participating, in a clinical trial of a vaccine for vaccination against coronavirus carried out in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004,

(b)is able to provide proof of such participation, if required by an immigration officer or the operator of the relevant service on which P travels to Northern Ireland, and

(c)has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria F17....

Textual Amendments

4.  P complies with this paragraph if P—N.I.

(a)has participated, or is participating, in a clinical trial regulated in the United States of America by the Food and Drugs Administration of a vaccine for vaccination against coronavirus,

(b)is able, if required by an immigration officer or the operator of the relevant service on which P travels to Northern Ireland, to provide proof of such participation through the Centres for Disease Control and Prevention vaccination card, [F18and]

(c)has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria F19... F20...

F21(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F224A.—(1) P meets the conditions of this regulation if P—N.I.

(a)has participated. or is participating in, phase 2 (therapeutic exploratory studies) or phase 3 (clinical efficacy and safety studies) of a clinical trial of a vaccine for vaccination against coronavirus which is regulated by—

(i)the European Medicines Agency, or

(ii)a regulatory authority (other than such an authority in the United Kingdom or the United States of America) which is designated as a Stringent Regulatory Authority by the World Health Organisation;

(b)if required by an immigration officer or the operator of the relevant service on which P travels to Northern Ireland is able to provide proof of such participation through a participation document, and

(c)has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria.

(2) For the purposes of this regulation “participation document” means a document in English, French or Spanish issued by a relevant person which confirms—

(a)P’s full name;

(b)P’s date of birth;

(c)the name and manufacturer of the vaccine;

(d)the country or territory in which the clinical trial is taking, or took, place;

(e)the regulatory authority responsible for the regulation of the clinical trial;

(f)the phase of the clinical trial in which P is participating or participated.

(3) For the purposes of paragraph (2) “relevant person” means—

(a)the competent health authority of the country or territory in which the relevant clinical trial is being, or was, carried out, or

(b)the person who is conducting, or conducted, the relevant clinical trial.]

Textual Amendments

5.  P complies with this paragraph if P is—N.I.

(a)under the age of 18 years upon arrival in Northern Ireland F23...

F24(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6.  P complies with this paragraph if P is F25...—N.I.

(a)a person who—

(i)has completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas, with the final dose having been received before the start of the period beginning with the 14th day before the date of their arrival in Northern Ireland,

(ii)is able to provide proof, if required by an immigration officer or the operator of the relevant service on which P travels to Northern Ireland, of meeting the requirements in paragraph (i), and

(iii)has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria F26... F27...

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

Textual Amendments

[F297.—(1) For the purposes of paragraph 2—N.I.

(a)P has completed a course of doses if P has received the complete course of doses specified—

(i)in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

(ii)in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 (supply in response to spread of pathogenic agents etc) of the Human Medicines Regulations 2012 for the authorised vaccine;

[F30(aa)if P has received at least 2 doses of any of the vaccines referred to in sub-paragraph (c) of the definition of “authorised vaccine” in paragraph 10, P is deemed to have completed a course of doses of an authorised vaccine.]

(b)if P has received a dose of one authorised vaccine and a dose of a different authorised vaccine, P is deemed to have completed a course of doses of an authorised vaccine.]

Textual Amendments

F317A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

[F327B.—(1) For the purposes of paragraph 6—N.I.

(a)P has completed a course of doses of a vaccine if P has received the complete course of doses of the vaccine as specified in the manufacturer’s guidance for that vaccine;

[F33(aa)if P has received a dose of an authorised vaccine in a relevant country, and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have completed a course of doses of an authorised vaccine;]

(b)where P has received a dose of an authorised vaccine F34... and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas;

(c)where P has received a dose of one vaccine under the United Kingdom vaccine roll-out overseas, and a dose of a different vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.]

[F35(2) Where P is a person described in paragraph (1)(b), the proof which P provides for the purposes of paragraph 6(1)(a)(ii) must include proof of having received the dose of an authorised vaccine through—

(a)the NHS COVID pass, certification issued by the Department of Health, or equivalent from NHS Scotland or NHS Wales;

(b)the EU Digital COVID certificate;

[F36(ba)a North American Certificate;

(bb)a certificate of COVID-19 records issued by an approved third country or territory;]

(c)the Center for Disease Control and Prevention vaccination card; or

(d)a vaccine certificate.]

Textual Amendments

F378.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F388A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

9.  For the purposes of this Schedule a child is to be treated as making a declaration on a Passenger Locator Form, and providing any proof required, if that declaration is made, and the proof provided, by a person who is travelling with and has responsibility for that child.N.I.

10.  In this Schedule—N.I.

“authorised vaccine” means a medicinal product for vaccination against coronavirus [F39which—]

(a)

in relation to doses received in the United Kingdom [F40, is authorised]—

(i)

for supply in the United Kingdom in accordance with a marketing authorisation, or

(ii)

by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012;

(b)

[F41in relation to doses received in a relevant country listed in the table in paragraph 11, is authorised for supply in that relevant country following evaluation by the regulator for that relevant country,

(c)

in relation to doses received [F42any other country or territory (including a relevant country listed in paragraph 12)], [F43—

(i)

would be authorised as provided for in sub-paragraph (a)(i) or (ii) if the doses were received in the United Kingdom, or

(ii)

are listed in lines 10, 11 or 13 of the guidance document “Status of COVID-19 Vaccines within WHO EUL/PQ Evaluation Process” published by the World Health Organisation on 11th November 2021F44, and authorised or certified in a regulated country listed in paragraph 12,]]

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

[F45“the COVID-19 vaccination eligibility criteria” means the conditions in any of paragraphs 2 to 6,]

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

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

“the licensing authority” has the meaning given in regulation 6(2) (the licensing authority and the Ministers) of the Human Medicines Regulations 2012,

“marketing authorisation”—

(a)

in relation to a vaccine authorised for supply in the United Kingdom or in a member State, has the meaning given in regulation 8(1) (general interpretation) of the Human Medicines Regulations 2012,

(b)

in relation to a vaccine authorised for supply in a relevant country [F46listed in the table in paragraph 11] other than a member State, means a marketing authorisation granted by [F47the regulator for that relevant country],

“medicinal product” has the meaning given in regulation 2 (medicinal products) of the Human Medicines Regulations 2012,

“NHS COVID pass” means the COVID-19 records [F48available] on the NHS smartphone app developed and operated by the Secretary of State, through the website at NHS.uk or [F49in] a COVID-19 post vaccination letter obtained from the NHS,

“NHS” means the health service continued under section 1(1) of the National Health Service Act 2006,

“NHS Scotland” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978,

“NHS Wales” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006,

[F50”North American Certificate” means, in relation to a State, District or Province listed in the table in paragraph 10B, the certificate identified in the corresponding row of the second column of that table;]

[F51“regulator”, in relation to a relevant country listed in the table in paragraph 11, means the regulator identified in the corresponding row of the second column of the table in that paragraph, and a reference to a regulator in that table is a reference to the regulatory authority of that name designated as a Stringent Regulatory Authority by the World Health Organization pursuant to the operation of the COVAX Facility,]

“relevant country” means a country listed in the first column of the table in paragraph 11 [F52or a country or territory listed in paragraph 12],

F53...

“relevant service” means a commercial transport service carrying passengers to Northern Ireland from outside the common travel area,

“United Kingdom vaccine roll-out overseas” means the administration of vaccination against coronavirus to—

(a)

Crown servants, government contractors or other personnel posted or based overseas and their dependants under the scheme known as the Foreign, Commonwealth and Development Office staff COVID-19 vaccination programme;[F54or]

(b)

F55...

(c)

military or civilian personnel, government contractors and their dependants at a military posting overseas, including the British overseas territories, the Channel Islands and the Isle of Man, under the vaccination scheme provided or approved by the UK Defence Medical Services.

[F56“vaccine certificate” means a certificate in English, French or Spanish issued by the competent health authority of a relevant country [F57, other than a European country listed in the table in paragraph 11 or the United States of America,] which contains—

(a)

P’s full name;

(b)

P’s date of birth;

(c)

the name and manufacturer of the vaccine that P received;

(d)

the date that P received each dose of the vaccine;

(e)

details of either the identity of the issuer of the certificate or the country of vaccination, or both.]

Textual Amendments

F44A copy may be downloaded from https://extranet.who.int/pqweb/sites/default/files/documents/Status_COVID_VAX_11Nov2021.pdf. A hard copy may be obtained from the Department of Health and Social Care, 39 Victoria Street, London, SW1H 0EU

[F5810A.  The following countries and territories are approved third countries or territories for the purposes of this Schedule—N.I.

  • Albania

  • Armenia

  • Faroe Islands

  • Israel

  • Morocco

  • North Macedonia

  • Panama

  • Turkey

  • Ukraine.

Textual Amendments

10B.  The table referred to in the definition of “North American Certificate” in paragraph 10 is—N.I.

State, District or ProvenceCertificate Name
New YorkExcelsior Pass Plus
CaliforniaDigital COVID-19 Vaccine Record
Washington StateWA Verify]

Textual Amendments

11.  The table referred to in [F59paragraph 10] [F60except in the definition of “North American Certificate”] follows—N.I.

Relevant countryRelevant regulator
a member StateEuropean Medicines Agency
AndorraEuropean Medicines Agency
[F61Australia The Therapeutic Goods Administration]
[F61CanadaHealth Canada]
IcelandEuropean Medicines Agency
LichtensteinEuropean Medicines Agency
MonacoEuropean Medicines Agency
NorwayEuropean Medicines Agency
San MarinoEuropean Medicines Agency
SwitzerlandSwissmedic
the United States of AmericaUnited States Food and Drug Administration
Vatican City StateEuropean Medicines Agency

Textual Amendments

[F6212.  The countries and territories referred to in the definitions of “authorised vaccine” and “relevant country” [F63in paragraph 10] are—N.I.

[F64Albania]

[F65Angola]

[F65Anguilla]

Antigua and Barbuda

[F65Argentina]

[F65Armenia]

[F65Azerbaijan]

[F64Bahamas]

Bahrain

[F64Bangladesh]

Barbados

[F66Belarus]

[F65Belize]

[F65Bermuda]

[F66Bolivia]

[F64Bosnia and Herzegovina]

[F65Botswana]

[F64Brazil]

[F66British Antarctic Territory]

[F66British Indian Ocean Territory]

[F66British Virgin Islands]

Brunei

[F65Cambodia]

[F65Cayman Islands]

[F64Chile]

[F64Colombia]

[F65Costa Rica]

[F66Democratic Republic of Congo]

[F65Djibouti ]

Dominica

[F66Dominican Republic]

[F66Ecuador]

[F64Egypt]

[F65Eswatini]

[F66Falkland Islands]

[F64Georgia]

[F64Ghana]

[F65Gibraltar]

[F64Grenada]

[F66Guernsey]

[F65Guyana]

[F65Honduras]

[F64Hong Kong]

[F64India]

[F64Indonesia]

[F66Isle of Man]

Israel

[F64Jamaica]

Japan

[F66Jersey]

[F64Jordan]

[F64Kenya]

[F64Kosovo]

Kuwait

[F66Laos]

[F65Lebanon]

[F65Lesotho]

[F66Libya]

[F65Madagascar]

[F66Malawi]

Malaysia

[F64Maldives]

[F65Mauritius]

[F64Moldova]

[F65Mongolia]

[F64Montenegro]

[F66Montserrat]

[F64Morocco]

[F66Mozambique]

[F64Namibia]

[F65Nepal]

New Zealand

[F64Nigeria]

[F64North Macedonia]

[F65Occupied Palestinian Territories]

[F64Oman]

[F64Pakistan]

[F65Panama]

[F65Peru]

[F64the Philippines]

[F66Pitcairn, Henderson, Ducie and Oeno Islands]

Qatar

[F65Rwanda]

[F66Samoa]

Saudi Arabia

[F66Senegal]

[F64Serbia]

[F65Seychelles]

[F65Sierra Leone]

Singapore

[F64South Africa]

[F66South Georgia and the South Sandwich Islands]

[F66the Soverign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus]

South Korea

[F65Sri Lanka]

[F66St Helena, Ascension and Tristan da Cunha]

[F65Suriname]

[F64St Kitts and Nevis]

[F64St Lucia]

[F64St Vincent and the Grenadines]

Taiwan

[F65Tanzania]

[F64Thailand]

[F65Trinidad and Tobago]

[F65Tunisia]

[F64Turkey]

[F66Turks and Caicos Islands]

[F65Uganda]

[F64Ukraine]

United Arab Emirates

[F65Uruguay]

[F66Vanuatu]

[F64Vietnam]

[F66Zambia]

[F66Zimbabwe]]

Textual Amendments

[F6713.—(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.N.I.

(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.]]

Textual Amendments

Regulation 4

SCHEDULE 3N.I.Passenger information

Personal detailsN.I.

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

(a)name,

(b)sex,

(c)date of birth,

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

(e)telephone number,

(f)home address,

(g)email address.

Journey detailsN.I.

2.  Address in the United Kingdom where passenger will be staying—N.I.

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

(i)in the case of a person who is required to isolate, they intend to 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) (where required to isolate).

3.  Mode of transport details of the passenger—N.I.

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

F68(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)their coach number,

(d)the flight number,

(e)the vessel name.

Textual Amendments

4.  Arrival details of the passenger—N.I.

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

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

5.  Details of country that passenger's journey originated from—N.I.

(a)the country or territory they are travelling from,

F69(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any other country or territory they have departed from or transited through in the period beginning with the 10th day before the date of their arrival in Northern Ireland, and in this case, the dates of departing from or transiting through that country or territory,

F70(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6.  Whether the passenger is connecting through the United Kingdom to a destination outside the United Kingdom and, if so—N.I.

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

(b)their final destination country or territory,

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

F71(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the coach number for their onward journey,

(f)the flight number for their onward journey,

(g)the vessel name for their onward journey.

Textual Amendments

Details of children travelling with the passengerN.I.

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

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

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

Details of testing packageN.I.

8.  Where regulation 8 requires a testing package—N.I.

(a)the name of the provider of the tests, and

(b)the reference number for the tests provided to them by the test provider in accordance with paragraph 6(5) of Schedule 6.

Regulations 5, 7, 9, 13, 15

SCHEDULE 4N.I.Persons who are exempt

PART 1N.I.Persons who are exempt

1.  The notes set out below explain the entries in the table in [F72Part 1] of this Schedule.N.I.

Textual Amendments

2.  The entries set out in the first column are defined in Part 2 of the Schedule.N.I.

3.  An entry reading “exempt” means the person is exempt from the requirement in the corresponding column.N.I.

4.  An entry reading “not exempt” means the person is not exempt from the requirement in the corresponding column.N.I.

5.  An entry reading “exempt (unless red list arrival)” means the person is exempt unless the person is a red list arrival.N.I.

6.—(1) An entry reading “exempt (residency condition)” means—N.I.

(a)where the person is ordinarily resident in the United Kingdom, that the person is exempt from that requirement,

(b)where—

(i)the person is not ordinarily resident in the United Kingdom, and

(ii)the requirement is the requirement to enter into managed isolation,

that the requirement to enter into managed isolation applies with the modifications set out in sub-paragraph (2).

(2) Those modifications are that—

(a)the references in Schedule 7 to the place in accommodation designated by the Department are to be read as a place within the meaning of regulation 12 (place where a person must self-isolate),

(b)there is no requirement to use transport facilitated by the Department in order to reach that place,

(c)no charge may be imposed by the Department in relation to accommodation where the person stays, and

(d)the definition of “place” in paragraph 12 of Schedule 7 does not apply.

7.  An entry reading “partial exemption (work condition)” means that the person is not required to comply with that requirement while undertaking the work or activity described in the entry.N.I.

F738.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

9.  Where an entry indicates that certain categories are exempt, that conditions apply, or that there is a partial exemption, those categories, conditions or partial exemptions are set out in Part 2 of this Schedule.N.I.

Requirement to provide informationRegulation 4Requirement to possess notification of negative test resultRegulation 6Requirement to book and undertake testsRegulation 8Requirement to self-isolateRegulation 10Requirement to comply with managed isolationRegulation 14
1. DiplomatExemptCertain categories exemptCertain categories exempt, conditions applyCertain categories exempt, conditions applyCertain categories exempt, conditions apply
2. Crown servant (border work)Exempt (unless red list arrival)Exempt (unless red list arrival)ExemptExemptExempt
3. Crown servant (defence), armed forces, visiting forcesExempt (unless red list arrival)Exempt (unless red list arrival)ExemptExemptExempt
[F744. Foreign official (border work) ExemptExempt (unless red list arrival)ExemptExemptExempt]
[F745. Seamen and masters ExemptExempt (unless red list arrival)Exempt

Exempt (residency condition)

Partial exemption (work condition)

Exempt (residency condition)

Partial exemption (work condition)]

[F746. Pilots (maritime)Exempt Exempt (unless red list arrival) Exempt

Exempt (residency condition)

Partial exemption (work condition)

Exempt (residency condition)

Partial exemption (work condition)]

[F747. Ship inspectors Exempt Exempt (unless red list arrival)Exempt

Exempt (residency condition)

Partial exemption (work condition)

Exempt (residency condition)

Partial exemption (work condition)]

[F748. Air crew Exempt Exempt (unless red list arrival)ExemptExemptExempt]
[F749. Transit passenger Certain categories exempt, conditions applyNot exemptExemptExemptExempt]
[F759A. Transit passenger (Republic of Ireland) Not exemptNot exemptExempt, conditions applyNot exemptNot exempt]
[F769B. Transit Passenger (Crown Dependencies) Not ExemptNot ExemptExempt, conditions applyNot ExemptNot Exempt]
[F7410. Road haulage worker Exempt Exempt (unless red list arrival)ExemptExemptExempt]
[F7411. Civil aviation inspectorsNot exemptExempt (unless red list arrival)ExemptExemptNot exempt]
12. Returning essential state workersNot exemptCertain categories exempt, conditions applyCertain categories exempt, conditions applyCertain categories exempt, conditions applyCertain categories exempt, conditions apply
13. Other returning essential workersNot exemptExempt, conditions applyExempt, conditions applyExemptExempt
[F7414. Official repatriating prisonerNot exemptNot exemptExemptExemptExempt]
[F7415. Official escorting extradition subjectNot exemptNot exemptExemptExemptExempt]
[F7416. Foreign official collecting extradition subjectNot exemptNot exemptExemptExemptExempt]
17. Essential water / sewerage workerNot exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
18. Essential floods workerNot exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
19. Essential utilities workerNot exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
20. Essential nuclear workerNot exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
21. Chemical weapons inspectorNot exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
22. Specialist aerospace engineer or workerNot exemptNot exempt [F77exempt]

F78...

Partial exemption (work condition)

Not exempt
23. Oil safety workerNot exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
24. Essential offshore (oil) workerNot exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
25. Postal operatorNot exemptNot exemptNot exemptExemptNot exempt
26. Specialist technical worker (goods)Not exemptCertain categories exemptNot exemptPartial exemption (work condition)Not exempt
27. Specialist technical worker (waste management)Not exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
28. Medical courierNot exemptExempt (unless red list arrival)ExemptPartial exemption (work condition)Not exempt
29. Medicines inspectorNot exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
30. Clinical trial workerNot exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
31. Clinical investigation workerNot exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
32. Qualified medicines workerNot exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
33. Essential infrastructure workerNot exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
34. Communications networks workerNot exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
35. Subsea fibre optic workerNot exemptNot exemptExemptPartial exemption (work condition)Not exempt
36. Elite sportspersonNot exemptNot exemptExemptPartial exemption, conditions applyNot exempt
37. Essential worker (film and high end TV production)Not exemptNot exemptNot exemptPartial exemption (work condition)Not exempt
38. F79. . .F79. . .F79. . .F79. . . F79. . .F79. . .
[F8039. Seasonal Agricultural WorkerNot ExemptNot ExemptExemptPartial exemption (work condition)Not Exempt]
40. F81... F81. . .F81. . .F81. . .F81. . .F81. . .
41. F81. . .F81. . .F81. . .F81. . .F81. . .F81. . .
[F8242. A non-disembarking cruise passenger ExemptExemptExemptExemptExempt
43. A short stay cruise passengerNot ExemptNot ExemptExemptNot ExemptNot Exempt]
[F8344. Non-UK police officer Not exemptNot exemptNot exemptPartial exemption (work condition)Partial exemption (work condition)
[F8445 Seasonal Poultry Worker Not exemptNot exemptExemptPartial exemption (work condition)Not exempt]]
[F8546. Performing Arts Professional Not exemptNot exemptNot exemptPartial exemption (work condition)Not exempt]

Textual Amendments

PART 2N.I.Definitions of persons who are exempt, conditions, limitations of exemption and savings

1. DiplomatN.I.

DefinitionN.I.

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.

2.  For the purposes of this entry—N.I.

(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 M1, 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 M2.

Marginal Citations

M11968 c. 18. There are amendments but none is relevant

M21964 c. 81. There are amendments but none is relevant

General conditions for exemption: the double confirmation conditionN.I.

3.—(1) In this entry the double confirmation condition means that—N.I.

(a)the relevant diplomatic head, or a person acting on their authority, (H) confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake work in the United Kingdom which is essential to—

(i)the functioning of the diplomatic office served by relevant diplomatic head, or

(ii)the foreign country, foreign territory or British overseas territory represented by the relevant diplomatic head,

(b)H has confirmed in writing to the Foreign, Commonwealth and Development Office that

(i)P is not required to comply with regulation 4,

(ii)P is not required to comply with regulation 6,

(iii)P is not required to comply with regulation 8,

(iv)P's work cannot be undertaken whilst P is complying with regulation 10, or

(v)P is not required to comply with regulation 14 and Schedule 7

(as the case may be),

(c)the Foreign, Commonwealth and Diplomatic Office has then confirmed in writing to H that—

(i)it has received the confirmations set out above,

(ii)P is travelling to the United Kingdom to conduct official business with the United Kingdom, and

(d)the Foreign, Commonwealth and Diplomatic Office has then confirmed in writing to H that—

(i)P is not required to comply with regulation 4,

(ii)P is not required to comply with regulation 6,

(iii)P is not required to comply with regulation 8,

(iv)P is not required to comply with regulation 10, or

(v)P is not required to comply with regulation 14 and Schedule 7

(as the case may be).

(2) In this paragraph “the relevant diplomatic head” means the head of the mission, consular post, international organisation, conference, office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be).

Condition for exemption from requirement to provide informationN.I.

4.—(1) Where P is a person described in paragraph 1 and P meets the double confirmation condition, P is not required to comply with regulation 4.N.I.

(2) Where F is a member of the family forming part of the household of P, F is not required to comply with regulation 4 if—

(a)P satisfies sub-paragraph (1),

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

(c)the Foreign, Commonwealth and Development Office has confirmed in writing that F is not required to comply with regulation 4.

Conditions for exemption from requirement to possess negative test resultN.I.

5.  Where P is a person described in paragraph 1(i) or (j) and meets the double confirmation condition, P is not required to comply with regulation 6.N.I.

Conditions for exemption from requirement to book and undertake testsN.I.

6.—(1) Where P is a person described in paragraph 1 and P meets the double confirmation condition, P is not required to comply with regulation 8.N.I.

(2) Where F is a member of the family forming part of the household of P, F is not required to comply with regulation 8 if—

(a)P satisfies sub-paragraph (1),

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

(c)the Foreign, Commonwealth and Development Office has confirmed in writing that F is not required to comply with regulation 8.

Conditions for exemption from requirement to self-isolateN.I.

7.—[F86(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.]N.I.

[F87(1A) Where P is a person described in paragraph 1(a), (b), (h) or (k), P is not required to comply with regulation 10.]

(2) Where P is—

(a)a diplomat within the meaning of paragraph 1, but sub-paragraph (1) of this paragraph does not apply, or

(b)P is a member of the family forming part of the household of P,

P is not obliged to comply with the requirements set out in regulation 12(4) and (5).

[F88(3) Where F is a member of the family forming part of the household of a person described in paragraph 1(a), (b) or (h), F is not required to comply with regulation 10.]

Textual Amendments

8.—(1) Where P is a person described in paragraph 1(c) and meets the conditions set out in sub-paragraph (2), P is not required to comply with regulation 10.N.I.

(2) Those conditions are that—

(a)the international organisation confirms in writing that—

(i)P is required, from time to time, by that international organisation to return to Northern Ireland for a resilience break,

(ii)P is travelling to Northern Ireland solely for the purposes of that resilience break, and

(iii)that resilience break cannot be undertaken in the country in which P works, and

(b)the Department has then confirmed in writing to the international organisation that—

(i)it has received that confirmation, and

(ii)P is not required to comply with regulation 10.

Conditions for exemption from requirement to comply with managed isolationN.I.

9.—(1) Where P is a person described in paragraph 1(a) to (h) or (k) and meets the double confirmation condition, P is not required to comply with regulation 14 and Schedule 7.N.I.

(2) Where F is a member of the family forming part of the household of P, F is not required to comply with regulation 14 and Schedule 7 F89...

Textual Amendments

10.—(1) Where P is a person described in paragraph 1(i) or (j) and meets the double confirmation condition, P is not required to comply with regulation 14 and Schedule 7.N.I.

(2) Where F is a member of the family forming part of the household of P, F is not required to comply with regulation 14 and Schedule 7 if—

(a)P satisfies sub-paragraph (1),

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

(c)the Foreign, Commonwealth and Development Office has confirmed in writing that F is not required to comply with regulation 14 and Schedule 7.

11.  But where paragraphs 9 or 10(2) apply—N.I.

(a)the person must enter into self-isolation, in accordance with regulation 10, as if the person were [F90a non-eligible non-red] list arrival,

(b)none of the exemptions set out in this Schedule in respect of self-isolation apply to that person, and

(c)the person is not required to comply with the requirements set out in regulation 10 while undertaking the work or activity described in paragraph 1(a) to (h) or (k), (as the case may be).

Textual Amendments

12.—(1) Where P is a person described in paragraph 1(c) and meets the conditions set out in sub-paragraph (2), P's obligations under regulation 14 and Schedule 7 apply with the modifications set out in sub-paragraph (3).N.I.

(2) Those conditions are that—

(a)the international organisation confirms in writing that—

(i)P is required, from time to time, by that international organisation to return to Northern Ireland for a resilience break,

(ii)P is travelling to Northern Ireland solely for the purposes of that resilience break, and

(iii)that resilience break cannot be undertaken in the country in which P works, and

(b)the Department has then confirmed in writing to the international organisation that—

(i)it has received that confirmation, and

(ii)P is not required to comply with regulation 14 and Schedule 7

(3) Those modifications are that—

(a)references in Schedule 7 to a place in accommodation designated by the Department are to be read as references to P's home,

(b)there is no requirement to use transport facilitated by the Department in order to reach their home,

(c)no charge may be imposed by the Department in relation to accommodation where P stays,

(d)the definition of “place” in paragraph 12 of Schedule 7 does not apply.

SavingsN.I.

13.  This entry is without prejudice to any immunity from jurisdiction or inviolability which is accorded to any person described in paragraph 1 under the law of Northern Ireland apart from these Regulations.N.I.

2. Crown servant (border work)N.I.

14.—(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 the period during which they would, but for this exemption, have had to isolate in accordance with Part 2, 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 11—

(a)“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989 M3,

(b)“essential government work” means work which has been designated as such by a government department or employer,

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

Marginal Citations

M31989 c. 6. Section 12 was amended by paragraph 22 of Schedule 10 to the Reserve Forces Act 1996 (c. 14), by paragraph 30 of Schedule 12 to the Government of Wales Act 1998 (c. 38), by paragraph 26 of Schedule 8 to the Scotland Act 1998 (c. 46), by paragraph 9(3) of Schedule 13 to the Northern Ireland Act 1998 (c. 47), by paragraph 9 of Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32), by paragraph 6 of Schedule 14 to the Energy Act 2004 (c. 20), by paragraph 58 of Schedule 4 to the Serious Organised Crime and Police Act 2005, by paragraph 34 of Schedule 10, and paragraph 1 of Schedule 12, to the Government of Wales Act 2006 (c. 32) and by paragraph 36 of Schedule 8 to the Crime and Courts Act 2013 (c. 22)

3. Crown servant (defence), armed forces, visiting forcesN.I.

15.—(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,

(b)has travelled from a point of origin within the common travel area or from a [F91non-red] list country 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 red list country F92..., or

(c)has undertaken a continuous period of at least 10 days ending 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 or by, or in support of, a visiting force, 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 10 days ending 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,

(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

4. Foreign official (border work)N.I.

16.  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 the period during which they would, but for this exemption, have had to isolate in accordance with Part 2, and that that work cannot be undertaken whilst the person is complying with Part 2, 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.

5. Seamen and mastersN.I.

17.—(1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 1995 M4, where they have travelled to the United Kingdom in the course of their work or have been repatriated to Northern Ireland in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007 [F93unless they have travelled to Northern Ireland to work, or have been repatriated to Northern Ireland after working, on board a cruise ship].N.I.

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

(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

Marginal Citations

M41995 c. 21. There are amendments to section 313(1) but none are relevant

6. Pilots (maritime)N.I.

18.  A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995 M5, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom.N.I.

Marginal Citations

M5Schedule 3A was inserted by Schedule 1 to the Marine Safety Act 2003 (c. 16)

7. Ship inspectorsN.I.

19.  An inspector or a surveyor of ships appointed under section 256 of the Merchant Shipping Act 1995 M6, 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 work [F94unless they have travelled to Northern Ireland to work on board a cruise ship or after completing work on board a cruise ship].N.I.

Textual Amendments

Marginal Citations

M6There are amendments to section 256 but none are relevant

8. Air crewN.I.

20.—(1) A member of aircraft crew where they have travelled to the United Kingdom in the course of their work or are otherwise required to travel to the United Kingdom for work purposes.N.I.

(2) For the purposes of this paragraph—

(a)“member of aircraft crew” means a person who—

(i)acts as a pilot, flight navigator, flight engineer or flight radiotelephony operator of the aircraft,

(ii)is carried on the flight deck and is appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew under article 114(2) of the Air Navigation Order 2016 or any provision of EU-OPS, or

(iii)is carried on the flight for the purpose of performing duties to be assigned by the operator or the pilot in command of the aircraft in the interests of the safety of passengers or of the aircraft,

(b)travel for work purposes includes, in particular—

(i)where the member of aircraft crew resides outside the United Kingdom, travelling to the United Kingdom to work on an aircraft departing from the United Kingdom,

(ii)travelling to attend work-related training in the United Kingdom,

(iii)returning to the United Kingdom following work-related training outside the United Kingdom,

(c)“EU-OPS” has the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016.

9. Transit passengerN.I.

21.  A person who, on arrival in the United Kingdom—N.I.

(a)passes through to another country or territory without alighting from the conveyance by which they arrived in the United Kingdom, or

(b)alighted from the conveyance by which they arrived in the United Kingdom for the sole purpose of continuing a journey to a country or territory outside the common travel area and

(i)remains within their port of entry until their departure from Northern Ireland, or

(ii)travels directly from their port of entry to another port of departure in Northern Ireland.

[F959A. Transit passenger (Republic of Ireland)N.I.

Textual Amendments

21A.  A person P who, on arrival in Northern Ireland, alighted from the conveyance by which they arrived in Northern Ireland for the sole purpose of continuing a journey directly to the Republic of Ireland.N.I.

[F96Condition for exemption from requirement to provide informationN.I.

Textual Amendments

21AA.  Where P is a person described in paragraph 21(a) or (b)(i), P is not required to comply with regulation 4 provided that person does not pass through immigration control.]N.I.

Condition for exemption from requirement to book and undertake testsN.I.

21B.—(1) Where P is a person described in paragraph 21A, P is not required to comply with regulation 8 where P is able to provide evidence to demonstrate to the satisfaction of an immigration officer that they intend to immediately travel directly to the Republic of Ireland.N.I.

(2) For the purposes of sub-paragraph (1), such evidence may include:

(i)evidence of residency in the Republic of Ireland;

(ii)evidence of a hotel reservation for the day of arrival; or

(iii)evidence of immediate direct onward travel plans to the Republic of Ireland.]

[F979B. Transit Passenger (Crown Dependencies)N.I.

Textual Amendments

21C.—(1) a person who on arrival in Northern Ireland—N.I.

(a)passes through to Guernsey, Jersey or the Isle of Man without entering Northern Ireland; or

(b)enters Northern Ireland for the sole purpose of continuing a journey to Guernsey, Jersey or the Isle of Man and—

(i)remains within their port of entry until their departure from Northern Ireland, or

(ii)travels directly from their port of entry to another port of departure in Northern Ireland.

(2) For the purposes of sub-paragraph (1), such evidence may include—

(a)evidence of residency in the Guernsey, Jersey or Isle of Man;

(b)evidence of a hotel reservation for the day of arrival; or

(c)evidence of immediate direct onward travel plans to Guernsey, Jersey or Isle of Man.]

10. Road haulage workerN.I.

22.—(1) A person who is—N.I.

(a)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

(b)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 M7, and who is acting in the course of their employment.

(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.

Marginal Citations

M7OJ No. L 300, 14.11.2009, p. 72

11. Civil aviation inspectorN.I.

23.  Civil aviation inspectors, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7th December 1944 M8, where they have travelled to the United Kingdom when engaged on inspection duties.N.I.

Marginal Citations

M8The 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. Returning essential state workerN.I.

24.—(1) Any person who a government department has certified as meeting the description in sub-paragraph (a), (b), (c) or (d)—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 isolate in accordance with these Regulations,

(b)a person returning from conducting essential policing or essential government work outside the United Kingdom,

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

(d)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 a government 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 the entry relating to Crown servants (border work) in this Schedule,

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

(e)“essential state business” means activity which has been designated as essential to the United Kingdom or Her Majesty's Government by a government 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.

Condition for exemption from requirement to possess notification of negative test resultN.I.

25.  Where P is a person described in paragraph 24(1)(a), (b) or (c), P is not required to comply with regulation 6 where a government department has certified, prior to P's departure to the United Kingdom, that P meets this description and is not required to comply.N.I.

Condition for exemption from requirement to book and undertake testN.I.

26.  Where P is a person described in paragraph 24(1)(a) or (c), P is not required to comply with regulation 8 where a government department has certified that P meets this description and that P is not required to comply.N.I.

Condition for exemption from requirement to self-isolateN.I.

27.  Where P is a person described in paragraph 24(1)(a), (c) or (d), P is not required to comply with regulation 10 where a government department has certified, prior to P's departure to the United Kingdom that P meets this description and is not required to comply.N.I.

Condition for exemption from requirement to comply with managed isolationN.I.

28.  Where P is a person described in paragraph 24(1)(a), (b), (c) or (d), P is not required to comply with regulation 14 and Schedule 7 while undertaking that work or activity where a government department has certified that P meets this description and that P is not required to comply while undertaking that work or activity.N.I.

13. Other returning essential workersN.I.

29.—(1) A person who is—N.I.

(a)required to undertake essential or emergency work in the United Kingdom, or

(b)returning from undertaking such work outside of the United Kingdom, where a government department has certified P's work as necessary to facilitate essential government work or essential state business.

(2) For the purposes of sub-paragraph (1) “essential government work” and “essential state business” have the same meaning as in paragraph 24.

Condition for exemption from requirement to possess notification of negative test resultN.I.

30.  Where P is a person described in paragraph 29(1)(b), P is not required to comply with regulation 6 where, prior to P's departure to the United Kingdom, a government department has certified that P is not required to comply with regulation 6.N.I.

Condition for exemption from requirement to book and undertake testN.I.

31.  P is not required to comply with regulation 8 where a government department has certified that P is not required to comply with regulation 8.N.I.

Condition for exemption from requirement to self-isolateN.I.

32.  Where P is a person described in paragraph 29(1)(b), P is not required to comply with regulation 10 where a government department has certified that P is not required to comply with regulation 10.N.I.

Condition for exemption from requirement to comply with managed isolationN.I.

33.  P is not required to comply with regulation 14 and Schedule 7 where a government department has certified that P is not required to comply with regulation 14 and Schedule 7N.I.

14. Official repatriating a prisonerN.I.

34.  A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 1984 M9.N.I.

Marginal Citations

15. Official escorting extradition subjectN.I.

35.  A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003 M10 or sought for extradition pursuant to any other extradition arrangements.N.I.

Marginal Citations

16. Foreign official collecting extradition subjectN.I.

36.  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.

17. Essential water / sewerage workerN.I.

37.—(1) A worker 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 M11, or the Water Supply (Water Quality) Regulations (Northern Ireland) 2017 M12,

(b)“sewerage services” has the meaning given in Article 2(2) of the Water and Sewerage Services (Northern Ireland) Order 2006 M13,

(c)“relevant undertaker” has the meaning given Article 2(2) of the Water and Sewerage Services (Northern Ireland) 2006.

Marginal Citations

18. Essential floods workerN.I.

38.  A worker engaged in essential or emergency works on behalf of the Department for Infrastructure relating to—N.I.

(a)flood risk, within the meaning of the Water Environment (Floods Directive) Regulations (Northern Ireland) 2009 M14, or

(b)protection against flooding, within the meaning of the Drainage (Northern Ireland) Order 1973 M15,

(c)the drainage of roads within the meaning of the Roads (Northern Ireland) Order 1993 M16.

Marginal Citations

M14S.R. 2009 No. 376, amended by S.R 2018 No. 196, S.R 2018 No. 137

M151973 (N.I 1)

M161993 (N.I. 15)

19. Essential utilities workerN.I.

39.—(1) A worker 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 M17,

(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 M18,

(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 M19,

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 M20,

(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 M21,

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

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

Marginal Citations

M17S.I. 2014/3120. There are no relevant amending instruments

M211993 c. 43. There are amendments to section 83(1) but none is relevant

20. Essential nuclear workerN.I.

40.—(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, or

(c)an agency inspector,

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 M22,

(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)“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 M23,

(d)“nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965 M24.

Marginal Citations

M23The Nuclear Decommissioning Authority was established by section 1 of the Energy Act 2004

M241965 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”

21. Chemical weapons inspectorN.I.

41.  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 M25, who has travelled to the United Kingdom for the purposes of an inspection.N.I.

Marginal Citations

22. Specialist aerospace engineer or workerN.I.

42.—(1) A specialist aerospace engineer, or a specialist aerospace 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 M26.

Marginal Citations

M26The 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. Oil safety workerN.I.

43.—(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.

24. Essential offshore (oil) workerN.I.

44.—(1) A worker undertaking, or required to commence—N.I.

(a)activities on or in relation to offshore installations,

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

(c)critical safety work on offshore installations and wells that are being decommissioned or which are being 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).

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

(a)“offshore installations” has the meaning given in section 44 of the Petroleum Act 1998 M27,

(b)“upstream petroleum infrastructure” has the meaning given in section 9H of that Act M28,

(c)“wells” has the meaning given in section 45A(10) of that Act M29.

Marginal Citations

M271998 c. 17. Section 44 was amended by paragraph 11 of Schedule 1 to the Energy Act 2008 (32)

M28Section 9H was substituted by section 74(2) of the Energy Act 2016 (c. 20)

M29Section 46A was inserted by section 75(1) of the Energy Act 2008

25. Postal operatorN.I.

45.  A postal operator, as defined in section 27(3) of the Postal Services Act 2011 M30, where they have travelled to the United Kingdom in the course of their work.N.I.

Marginal Citations

26. Specialist technical worker (goods)N.I.

46.  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.

Conditions for exemption from requirement to possess negative test resultN.I.

47.  P is exempt from the requirement to possess a negative test result under regulation 6 if P's skills are required for emergency works or services, but not if required for essential works or services (within the meaning of paragraph 46).N.I.

27. Specialist technical worker (waste management)N.I.

48.  A worker with specialist technical skills where those specialist technical skills are required for essential or emergency works (including commissioning, 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.

28. Medical courierN.I.

49.  A person who has travelled to the United Kingdom for the purpose of transporting, material which consists of, or includes, human cells or blood which are to be used for the purpose of providing healthcare.N.I.

29. Medicines inspectorN.I.

50.  A person who is an “inspector” within the meaning of regulation 8(1) of the Human Medicines Regulations 2012 M31, or who has been appointed as an inspector under regulation 33 of the Veterinary Medicines Regulations 2013, and who has travelled to the United Kingdom to undertake activities in relation to that role.N.I.

Marginal Citations

30. Clinical trial workerN.I.

51.—(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 M32,

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

(iii)in relation to a clinical trial, to carry out any necessary compliance activity 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.

Marginal Citations

M32S.I. 2004/1031, to which there are amendments not relevant to these Regulations

31. Clinical investigation workerN.I.

52.  A person who has travelled to the United Kingdom—N.I.

(a)to conduct a “clinical investigation” within the meaning of the Medical Devices Regulations 2002 M33 [F98and/or Regulation (EU) 2017/745 of the European Parliament and of the Council of 5th April 2017],

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

(c)to carry out any other necessary compliance activity in relation to a clinical investigation,

where none of these functions can be carried out remotely.

Textual Amendments

Marginal Citations

32. Qualified medicines workerN.I.

53.  A person who is—N.I.

(a)a “qualified person” within the meaning of regulation 41(2) of the Human Medicines Regulations 2012 M34,

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

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

(d)“a qualified person (manufacture)” as referred to in paragraph 8(2) of Schedule 2 to the Veterinary Medicines Regulations 2013,

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

Marginal Citations

33. Essential infrastructure workerN.I.

54.—(1) A person who has travelled to the United Kingdom for the purposes of their work in essential 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 M35.

Marginal Citations

34. Communications networks workerN.I.

55.  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 M36, 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.

Marginal Citations

35. Subsea fibre optic workerN.I.

56.  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.

36. Elite sportspersonN.I.

DefinitionN.I.

57.—(1) An elite sportsperson is a person who is—N.I.

(a)a domestic elite sportsperson (see definition in paragraph 58),

(b)an international elite sportsperson (see definition in paragraph 59),

(c)a domestic ancillary sportsperson, (see definition in paragraph 60) or

(d)an international ancillary sportsperson (see definition in paragraph 61).

(2) Further definitions relevant to this entry are given in paragraph 62.

58.—(1) For the purposes of this entry “domestic elite sportsperson” means an individual who is a domestic elite athlete.N.I.

(2) For the purposes of this entry “elite athlete” means an individual who—

(a)derives a living from competing in a sport,

(b)plays in a professional league or competition,

(c)is a senior representative nominated by a relevant sporting body, or

(d)is on an elite development pathway for a major competition.

59.—(1) For the purposes of this entry “international elite sportsperson” means an individual who is an international elite athlete.N.I.

(2) For the purposes of this paragraph “international elite athlete” means an individual who—

(a)derives a living from competing in a sport,

(b)plays in a professional league or competition,

(c)is a senior representative nominated by a relevant sporting body, or

(d)is on an elite development pathway for a major competition.

60.  For the purposes of this entry “domestic ancillary sportsperson” means an individual essential to—N.I.

(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 domestic elite sportsperson medical and technical support staff,

(iii)horse grooms and trainers,

(iv)motorsport mechanics and technical staff,

(v)the parent or carer of a domestic elite sportsperson under the age of 18.

61.  For the purposes of this entry “international ancillary sportsperson” means an individual essential to—N.I.

(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 international elite sportsperson 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.

62.  For the purposes of this entry—N.I.

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

(a)

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

(b)

to compete in a major competition in that sport,

“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 compete in a major competition,

“major competition” means the following, where they are scheduled to be held in 2021 or 2022—

(a)

the Olympic Games, Paralympic Games or Commonwealth Games,

(b)

a European, World or international championship organised by the international governing body of a sport, or national governing bodies of a sport,

(c)

an inter-county league or inter-county competition in Northern Ireland or Ireland, where that league or competition is organised by the national governing body of a sport,

“major competition qualifying event” means a specified competition or other sporting event in which the participants compete to qualify for the right to compete in a major competition.

“relevant sporting body” in relation to a sportsperson means—

(a)

the recognised national governing body of a sport which may nominate athletes to compete in a major competition, or

(b)

the regional governing body of a sport which may nominate athletes to represent a county in Northern Ireland or Ireland in an inter-county league or inter-county competition, where that league or competition is organised by the national governing body of the sport,

“senior representative” means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete—

(a)

in a major competition,

(b)

on behalf of a county in Northern Ireland or Ireland, in an inter-county league or inter-county competition where that league or competition is organised by the national governing body of a sport,

“specified competition” means a competition which is specified as such by the Department, and the Department may publish details of specified competitions in such manner as appears to it to be appropriate.

Condition for partial exemption from requirement to self-isolateN.I.

63.—(1) An elite sportsperson must provide, on arrival in Northern Ireland, written evidence from a United Kingdom, Northern Irish or Irish sport's national governing body, that the elite sportsperson satisfies the definition of an elite sportsperson who is exempt under this entry.N.I.

(2) A domestic elite sportsperson must either—

(a)have been outside Northern Ireland in order to compete in an elite sports event, and has returned to Northern Ireland with the intention of continuing activities as a sportsperson,

(b)have been outside Northern Ireland in order to participate in training for a major competition or a major competition qualifying event and has returned to Northern Ireland with the intention of continuing activities as a sportsperson, or

(c)be 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.

(3) An international elite sportsperson must have travelled to Northern Ireland in order to participate in a specified competition.

(4) A domestic ancillary sportsperson must either—

(a)have been outside Northern Ireland in order to participate in the running of an elite sports event, or

(b)have been outside Northern Ireland or in order to support a domestic elite sportsperson who satisfies sub-paragraph (2)(a) or (b),

and has returned to Northern Ireland with the intention of continuing activities as a domestic ancillary sportsperson.

(5) An international ancillary sportsperson must have travelled to Northern Ireland in order to—

(a)participate in the running of an elite sports event, or

(b)support an international elite sportsperson who satisfies paragraph (3).

Nature of partial exemption from requirement to self-isolateN.I.

64.—(1) Where P is a domestic elite sportsperson, P is not in breach of regulation 10 in respect of the following—N.I.

(a)where P travels to, from or between, or attends the location of—

(i)an elite sports event in which P is competing,

(ii)training for an elite sports event,

(b)where P enters into or remains in isolation with—

(i)domestic elite sportspersons or international elite sportspersons who are competing in, or training for that elite sports event, or

(ii)domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event.

(2) Where P is an international elite sportsperson, P is not in breach of regulation 10 in respect of the following—

(a)where P travels to, from or between, or attends the location of—

(i)the specified competition in which P is competing, or

(ii)training for the specified competition in which P is competing,

(b)where P enters into or remains in isolation with—

(i)domestic elite sportspersons or international elite sportspersons who are competing in or training for that specified competition, or

(ii)domestic ancillary sportspersons or international ancillary sportspersons involved in that specified competition.

(3) Where P is a domestic ancillary sportsperson, P is not in breach of regulation 10 in respect of the following—

(a)where P travels to, from, or between, or attends the location of—

(i)a place in which P's presence is essential to the running of an elite sports event,

(ii)a place in which P provides essential support to a domestic elite sportsperson who is competing or in training for an elite sports event,

(b)where P enters into or remains in isolation with—

(i)domestic elite sportspersons or international elite sportspersons who are competing in or training for that elite sports event or any other elite sports event, or

(ii)domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event or any other elite sports event.

(4) Where P is an international ancillary sportsperson, P is not in breach of regulation 10 in respect of the following—

(a)where P travels to, from, or between, or attends the location of—

(i)a place in which P's presence is essential to the running of an elite sports event,

(ii)a place in which P provides essential support to an international elite sportsperson who is competing or in training for an elite sports event,

(iii)the specified competition, or

(iv)training for the specified competition,

(b)where P enters into or remains in isolation with—

(i)domestic elite sportspersons or international elite sportspersons who are competing in or training for that that specified competition, or

(ii)domestic ancillary sportspersons or international ancillary sportspersons involved in that specified competition.

37. Essential worker (film and high end TV productions)N.I.

[F9965.—(1) A person engaged in film and high end TV production.N.I.

(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.]

Textual Amendments

[F10038. Fully vaccinated traveller]N.I.

Textual Amendments

F10166.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

[F10239. Seasonal Agricultural WorkerN.I.

Textual Amendments

67.—(1) A person (“P”) who on arrival in Northern Ireland has an offer of employment for seasonal work to carry out specified activities in relation to 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 employer’s 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.]

F103...N.I.

Textual Amendments

F10368.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

F10369.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

[F10442. A non-disembarking cruise passengerN.I.

Textual Amendments

70.  A person, including a crew member, who travels to a port in Northern Ireland on a cruise ship but does not disembark from the cruise ship at any point while it is—N.I.

(a)moored at a port in Northern Ireland, or

(b)in the territorial waters adjacent to Northern Ireland.

43. A short stay cruise passengerN.I.

71.  A person who—N.I.

(a)arrives in Northern Ireland on a cruise ship, and

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

[F10544. Non-UK police officerN.I.

Textual Amendments

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.N.I.

45. Seasonal poultry workerN.I.

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

[F10646. A performing arts professionalN.I.

Textual Amendments

74.—(1) A performing arts professional working in connection with a performing arts event.N.I.

(2) For the purposes of this paragraph—

(a)“domestic performing arts professional” means a performing arts professional who is habitually resident in the United Kingdom and has returned to Northern Ireland, having travelled to or transited through a non-red list country at any time in the period beginning with the 10th day before the date of their arrival in Northern Ireland in order to work in connection with a performing arts event;

(b)“international performing arts professional” means a performing arts professional who is not habitually resident in the United Kingdom and travels to Northern Ireland in order to work in connection with a performing arts event after departing from or transiting through a non-red list country at any time in the period beginning with the 10th day before the date of their arrival in Northern Ireland;

(c)“performing arts activity” means—

(i)a dramatic production, including a performance of a play, opera, musical or other dramatic piece,

(ii)a reading or recitation,

(iii)a performance of live music,

(iv)a recording of a performance of live music which is—

(aa)broadcast, at the time of the performance or later, to the general public, or

(bb)released, at the time of the performance or later, to the paying public (by digital or other means),

(v)a music video production,

(vi)a performance of dance, or

(vii)an event that combines more than one of the activities set out at sub-paragraphs (i) to (vi);

(d)“performing arts event”, in relation to a performing arts professional, means an event—

(i)at which a performing arts activity takes place, and

(ii)for which the performing arts professional is paid;

(e)“performing arts professional” means an individual who—

(i)is a domestic performing arts professional or an international performing arts professional,

(ii)derives a living from the performing arts, and

(iii)holds a certificate issued in accordance with “Travelling or returning to NI for work as a performing arts professional during COVID-19” published by the Arts Council Northern Ireland on 12th October 2021F107.]

Textual Amendments

F107A digital copy of this guidance can be found at http://artscouncil-ni.org/news/travelling-or-returning-to-ni-for-work-as-a-performing-arts-professional. A hard copy is available at the following address: Exemptions (Investment Centre), Northern Ireland Arts Council

Regulation 6

SCHEDULE 5N.I.Qualifying test

1.  A test is a qualifying test if—N.I.

(a)it is a test for the detection of coronavirus undertaken using a device which the manufacturer states has—

(i)a sensitivity of at least 80%,

(ii)a specificity of at least 97%, and

(iii)a limit of detection of less than or equal to 100,000 SARS-CoV-2 copies per millilitre,

(b)it is not a test provided or administered under the National Health Service Act 2006, the National Health Service (Wales) Act 2006, the National Health Service (Scotland) Act 1978 or the Health and Personal Social Services (Northern Ireland) Order 1972, and

(c)the test sample is taken from the person no more than three days before—

(i)in the case of that person travelling to Northern Ireland on a commercial transport service, the service's scheduled time of departure, or

(ii)in any other case, the actual time of departure of the vehicle, vessel or aircraft on which that person is travelling to the common travel area.

2.  For the purposes of paragraph 1—N.I.

“sensitivity”, in relation to a device, means how often the device correctly generates a positive result;

“specificity”, in relation to a device, means how often the device correctly generates a negative device.

3.  Notification of a negative rest result must include, in English, French or Spanish, the following information—N.I.

(a)the name of the person from whom the sample was taken,

(b)that person's date of birth,

(c)the negative result of the test,

(d)the date the test sample was collected or received by the test provider,

(e)the name of the test provider and information sufficient to contact that provider,

(f)a statement—

(i)that the test was a polymerase chain reaction test, or

(ii)of the name of the device that was used for the test.

Regulation 8

SCHEDULE 6N.I.Requirement to book and undertake tests (mandatory testing after arrival in Northern Ireland)

InterpretationN.I.

1.—(1) In this Schedule—N.I.

“approved private provider” means a test provider that has been approved by [F108the Secretary of State for Health and Social Care] (see paragraph 12),

“approved private test” means a test provided by an approved private provider, where the test has been approved by [F108the Secretary of State for Health and Social Care] (see paragraph 12),

“default isolation period” means—

(a)

in the case of a [F109non-eligible non-red] list arrival, the period specified in regulation 10,

(b)

in the case of a red list arrival, the period specified in Schedule 7,

“mandatory test” means a day 2 test or a day 8 test within the meaning of regulation 8,

F110...

“public provider” means a test provider who provides or administers a test under the National Health Service Act 2006, the National Health Service (Wales) Act 2006, the National Health Service (Scotland) Act 1978 or the Health and Personal Social Services (Northern Ireland) Order 1972

“relevant isolation provisions” means—

(a)

in relation to [F111an eligible non-red] list arrival, regulations 10 to 13, as modified by paragraph 11,

(b)

in relation to [F112a non-eligible non-red] list arrival, regulations 10 to 13

(c)

in relation to a red list arrival, regulation 14 and Schedule 7

[F113“the United Kingdom Health Security Agency” means the executive agency of that name of the Department of Health and Social Care;]

(2) Where this Schedule requires P to enter into or continue to isolate in accordance with the relevant isolation provisions Part 4 applies in relation to that requirement as it applies in relation to the relevant isolation provisions.

Textual Amendments

Requirement to isolate on failure to take a mandatory test (red list and [F114non-eligible non-red] list arrivals)N.I.

Textual Amendments

2.—(1) This paragraph applies in respect of—N.I.

(a)red list arrivals,

(b)[F115non-eligible non-red] list arrivals.

(2) This paragraph applies where—

(a)P fails to undertake a day 8 test, and

(b)either—

(i)P fails to undertake a day 2 test, or

(ii)P's day 2 test generates a negative or inconclusive result.

(3) [F116Subject to sub-paragraph (2)], P must continue to isolate in accordance with the relevant isolation provision until the end of the 14th day after the day on which they arrived in Northern Ireland.

(4) Where P undertakes a test to which paragraph 4(7)(b) applies and which generates—

(a)a positive result, paragraph 4(2) applies as if the test were a mandatory test,

(b)a negative result, paragraph 4(4) applies as if—

(i)P had taken both a day 2 test and a day 8 test, and

(ii)both tests had generated a negative result.

Textual Amendments

Requirement to isolate on failure to take a mandatory test ([F117eligible non-red] list arrivals)N.I.

Textual Amendments

3.—(1) This paragraph applies in respect of [F118eligible non-red] list arrivals.N.I.

(2) This paragraph applies where P fails to take a day 2 test.

(3) P must enter into and remain in isolation in accordance with the relevant isolation provisions until the end of the 14th day after the day on which they arrived in Northern Ireland.

(4) But if P subsequently takes a test to which sub-paragraph (5) applies and which generates—

(a)a positive result, paragraph 5(2) applies as if the test were a mandatory test,

(b)a negative result, P is no longer required to isolate in accordance with the relevant isolation provisions.

(5) This sub-paragraph applies to a test which—

(a)complies with the requirements for a day 2 test specified in paragraph 6,

(b)is undertaken in the circumstances set out in paragraph 8 (other than the circumstances in paragraph 8(2) about when a test must be taken), and

(c)is undertaken within 10 days of the day on which P arrived in Northern Ireland.

Textual Amendments

Consequences of test results (red list and [F119non-eligible non-red] list arrivals)N.I.

Textual Amendments

4.—(1) This paragraph applies in respect of—N.I.

(a)red list arrivals,

(b)[F120non-eligible non-red] list arrivals.

(2) Where a mandatory test undertaken by P generates a positive result—

(a)P must continue to isolate, in accordance with the relevant isolation provisions, until the end of the 10th day after the day P undertook the test,

(b)P may not leave Northern Ireland during this time, and accordingly, regulation 11(4)(a) and paragraph 11(1)(a) of Schedule 7 do not apply.

(3) [F121Where a person (“B”) is isolating with P pursuant to the relevant isolation provisions, the requirement to isolate under sub-paragraph (2)(a) does not apply to B] where—

(a)the test referred to in sub-paragraph (2) is P's day 8 test, and

(b)B undertook a day 2 test that generated a positive result.

(4) Where P's day 2 test and day 8 test both generate a negative result, P must continue to isolate in accordance with the relevant isolation provisions until the later of—

(a)the end of the default isolation period,

(b)the day on which P receives the result of their day 8 test.

(5) Where a mandatory test undertaken by P generates an inconclusive result, P must continue to isolate in accordance with the relevant isolation provisions—

(a)until the end of the 10th day after the day P undertook the test,

(b)where P undertakes a test to which sub-paragraph (7) applies and the test generates a negative result, until the later of—

(i)the end of the default isolation period,

(ii)the day on which P receives the negative result, or

(c)where P undertakes a test to which sub-paragraph (7) applies and the test generates a positive result, until the end of the 10th day after the day P undertook the test.

(6) Where sub-paragraph (5)(c) applies, P is not required to undertake a day 8 test in accordance with regulation 8.

(7) This sub-paragraph applies to—

(a)a day 8 test,

(b)a test—

(i)complying with the requirements for a day 8 test specified in paragraph 7,

(ii)undertaken in the circumstances specified in paragraph 8 (other than the circumstances in paragraph 8(2) about when a test must be undertaken), and

(iii)undertaken during the period specified in sub-paragraph (5)(a).

Textual Amendments

Consequences of test results ([F122eligible non-red] list arrivals)N.I.

Textual Amendments

5.—(1) This paragraph applies in respect of [F123eligible non-red] list arrivals.N.I.

(2) Where a mandatory test undertaken by P generates a positive result—

(a)P must enter into and remain in isolation, in accordance with the relevant isolation provisions, until the end of the 10th day after the day P undertook the test,

(b)P may not leave Northern Ireland during this time, and accordingly, regulation 11(4)(a) (as applied by paragraph 11) does not apply.

(3) Where a mandatory test undertaken by P generates a negative result, there are no consequences.

(4) Where a mandatory test undertaken by P generates an inconclusive result, P must enter into and remain in isolation—

(a)until the end of the 10th day after the day P undertook the test, or

(b)where P undertakes a [F124confirmatory PCR test or a] test to which sub-paragraph (5) applies and the test generates a negative result, the day on which P receives the negative result.

(5) This sub-paragraph applies to a test which—

(a)complies with the requirements for a day 2 test specified in paragraph 6,

(b)is undertaken in the circumstances set out in paragraph 8 (other than the circumstances in paragraph 8(2) about when a test must be taken), and

(c)is undertaken within 10 days of the day on which P arrived in Northern Ireland

Textual Amendments

Day 2 tests: general test requirementsN.I.

6.—[F125(1)] For the purposes of regulation 8(11), a day 2 test complies with this paragraph where—N.I.

(a)it is a test provided by a public provider, F126...

(b)it is an approved test provided by an approved private provider, [F127or]

[F128(c)it is an approved LFD test self-administered by P where the device in question is not a nasopharyngeal one.]

[F129(2) Where P undertakes a day 2 LFD test provided by an approved private provider and the result of that test if positive—

(a)P must book and undertake a confirmatory PCR test provided by a public provider, and

(b)the approved private provider mentioned in this sub-paragraph must advise P to take the steps referred to in paragraph (a).]

Textual Amendments

Day 8 tests: general test requirementsN.I.

7.  For the purposes of regulation 8(11), a day 8 test complies with this paragraph where—N.I.

(a)it is a test provided by a public provider, or

(b)it is an approved test provided by an approved private provider.

Required circumstances for undertaking a day 2 test or a day 8 testN.I.

8.—(1) The circumstances mentioned in regulation 8(11) are as follows.N.I.

(2) In relation to—

(a)a day 2 test, P undertakes the test [F130in accordance with the manufacturer’s instructions for use] no later than the end of the second day after the day on which P arrived in Northern Ireland [F130or, in the case of a confirmatory PCR test, in accordance with paragraph 5],

(b)a day 8 test, P undertakes the test [F131in accordance with the manufacturer’s instructions for use] no earlier than the end of the seventh day after the day on which P arrived in Northern Ireland.

[F132(3) Subject to paragraph (4), at the time the test is booked P provides the test provider with the following information—

(a)notification that P is to undertake the test under these Regulations;

(b)the information set out in sub-paragraph (6), and

(c)P’s home address and where P is—

(i)an eligible non-red list arrival, the address or addresses where they intend to stay during the period of 10 days beginning on the day after the date of their arrival in the United Kingdom;

(ii)a non-eligible non-red list arrival, the address or addresses at which they intend to self-isolate, or are self-isolating, in accordance with regulations 10 to 13 (if different from their home address); or

(iii)a red list arrival, the address of the accommodation where they are complying with managed isolation in accordance with Schedule 7.

(3A) Subject to Paragraph (4),where—

(a)P’s day 2 test is a day 2 LFD test, and

(b)the test has not been administered by the test provider or at a site operated for the purpose of administering such tests by or on behalf of the test provider,

P provides the test provider with the information set out in paragraph (3B) within 15 minutes of the test’s read time as determined by the manufacturer’s instructions for use.

(3B) The information referred subparagraph (3A) is—

(a)a single photograph clearly showing—

(i)the test device in such a way that it is identifiable as having been provided by the test provider;

(ii)the test reference number given in accordance with paragraph 8(5), and

(iii)the test result, and

(b)the address at which P is able to receive a confirmatory test.]

(4) Where P is a child, or a person with a disability who is unable for that reason to provide the notification and information set out in this paragraph to the test provider—

(a)the notification and information set out in this paragraph, other than the information in sub-paragraph (6)(j) and (k), is provided to the test provider on P's behalf by another person (Y), and

(b)either the information set out in sub-paragraph (6)(j) and (k) is provided by Y to the test provider or, where appropriate, Y provides their own email address and telephone number to the test provider.

(5) At the time F133... the test is booked, the test provider gives P a [F134separate test reference number in respect of each test to be provided to P] and, where appropriate also provides that test reference number to Y.

(6) That information is, in relation to P—

(a)name,

(b)sex,

(c)date of birth,

(d)NHS number (if known and applicable)

(e)ethnicity,

(f)date of arrival in the United Kingdom,

(g)coach number, flight number or vessel name (as appropriate),

(h)date on which P last departed or transited through [F135a] red list country,

(i)the country or territory P was travelling from when P arrived in the United Kingdom, and any country or territory P transited through as part of that journey,

(j)email address,

(k)telephone number,

(l)passport number, or travel document reference number (as appropriate).

Textual Amendments

Notification of test results (approved private providers)N.I.

9.—(1) This paragraph applies to an approved private provider who administers or provides a test [F136other than a day 2 LFD test] to P in the circumstances described in paragraph 8.N.I.

(2) The approved private provider must, within 24 hours of the result becoming available—

(a)notify P, or where paragraph 8(4) applies, Y, by email, letter or text message, of the result of P's test, or

(b)make P's test result available to P, or where paragraph 8(4) applies, to Y via a secure web portal,

in accordance with sub-paragraph (3).

(3) The notification of P's result must include P's name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the test provider and P's test reference number, and must be conveyed using one of the following forms of words, as appropriate—F137 F138F139F140F141F142F143F144F145F146

[F147(4) See also paragraph 7 of Schedule 8 and paragraph 3(1) of Schedule 10 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 for additional requirements imposed upon approved private providers in respect of notifications to the United Kingdom Health Security Agency arising out of tests.]

Textual Amendments

F137Sch. 6 para. 9(3) Form A: words “If you have travelled from an amber list country and are within the fully vaccinated traveller exempt category you are not required to quarantine or take a day 8 test” inserted after the words “If you took the test on day 8, you may stop isolating when you have completed your 10 day isolation period.” (19.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 2) Regulations (Northern Ireland) 2021 (S.R. 2021/213), regs. 1(1), 8(a)

F138Sch. 6 para. 9(3) Form B: words “, unless they are within the fully vaccinated traveller exempt category.” inserted after the words “People you are travelling (or have travelled) with must still take a day 8 test” (19.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 2) Regulations (Northern Ireland) 2021 (S.R. 2021/213), regs. 1(1), 8(b)

F139Sch. 6 para. 9(3) Form A heading: words “red list and non-eligible non-red list” substituted for words “red and amber list” (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 8(4)(h)(i) (with reg. 1(4))

F140Sch. 6 para. 9(3) Form A second paragraph: words “a non-red list country and meet the requirements to be an “eligible” arrival” substituted for words from “an amber” to “exempt category” (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 8(4)(h)(ii) (with reg. 1(4))

F141Sch. 6 para. 9(3) Form B heading: words “red list and non-eligible non-red list” substituted for words “red and amber list” (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 8(4)(h)(iii) (with reg. 1(4))

F142Sch. 6 para. 9(3) Form B fourth paragraph: words “meet the requirements to be “eligible” arrivals” substituted for words “are within the fully vaccinated traveller exempt category” (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 8(4)(h)(iv) (with reg. 1(4))

F143Sch. 6 para. 9(3) Form C heading: words “red list and non-eligible non-red list” substituted for words “red and amber list” (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 8(4)(h)(v) (with reg. 1(4))

[F148Notification of test results (approved private providers):Lateral Flow Device testsN.I.

9A.—(1) This paragraph applies to an approved private provider who administers or provides an LFD test to P in the circumstances described in paragraph 8.

(2) The approved private provider must, within 24 hours of the relevant event—

(a)notify P, or where paragraph 8(4) applies, Y, by email, letter or text message, of the result of P’s test, or

(b)make P’s test result available to P, or where paragraph 8(4) applies, to Y via a secure web portal in accordance with sub-paragraph (3).

(3) The notification of P’s result must include P’s name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the test provider and P’s test reference number, and must be conveyed using one of the following forms of words, as appropriate—

Form A: negative LFD test result

Your coronavirus (COVID-19) test result is negative. You did not have the virus when the test was done.

You are not required to quarantine.

You should self-isolate again if you get symptoms of coronavirus (COVID-19)—get an NHS coronavirus (COVID-19) test from www.gov.uk/get-coronavirus-test and self-isolate until you get the results.

For advice on when you might need to self-isolate and what to do, go to www.nhs.uk/conditions/coronavirus-covid-19 and read “Self-isolation and treating symptoms”.

Form B: positive LFD test result

Your coronavirus test result is positive. This means that you probably have the virus.

Even if you have not had symptoms of coronavirus, you must now self-isolate for 10 days from the day after your test date.

You must obtain, take and return a free follow up PCR test from NHS Test and Trace to confirm this. You can obtain your confirmatory PCR test by visiting gov.uk/get-coronavirus-test or by calling 119. This test will be free of charge and will be sent to you as a home test kit. You must take this test in accordance with this notice. If this confirmatory test is negative, you no longer need to self-isolate.

You may be contacted for contact tracing and to check that you, and those who you live or are travelling with, are self-isolating.

You must not travel, including to leave the UK, during self-isolation.

Contact 111 if you need medical help. In an emergency dial 999.

Form C: unclear LFD test result

Your coronavirus test result is unclear. It is not possible to say if you had the virus when the test was done.

You must self-isolate for 10 days from the day after your test date.

You may choose to take another test, and if comes back with a negative result, you no longer need to self-isolate. You may be contacted to check that you are self-isolating.

(4) In this paragraph “relevant event” means—

(a)where the test provider administered the test, the time at which the test provider determined the results of the test;

(b)where the test provider did not administer the test, the time at which the test provider received the information required to be provided by paragraph 8(3)(b).

(5) See also paragraph 7 of Schedule 8 and paragraph 3(1) of Schedule 10 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Regulations 2021 for additional requirements imposed upon approved private providers in respect of notifications to the United Kingdom Health Security Agency arising out of tests.]

Textual Amendments

Charge for day 2 tests and day 8 testsN.I.

10.—(1) The Department or a person designated by the Department may impose a charge in respect of [F149any test provided in accordance with this Schedule] by a public provider.N.I.

(2) The Department—

(a)must publish details of the charges in such manner as the Department considers appropriate, and

(b)may recover any sum owed by a person in accordance to such a charge as a debt.

Textual Amendments

Modification of self-isolation provisions for [F150eligible non-red] list arrivals with a positive test resultN.I.

Textual Amendments

11.—(1) This paragraph applies where [F151an eligible non-red] list arrival (P) is obliged, under paragraph 3(3) or 5(2)(a) to enter into and remain in self-isolation.N.I.

(2) Regulations 10 to 13 apply to P as they apply to [F152non-eligible non-red] list arrivals, with the modification that regulation 10(3) applies as if it required P to travel directly to the place where they are to self-isolate without specifying the period for which they must self-isolate.

Textual Amendments

Approval of private providers and private testsN.I.

[F15312.  The Secretary of State for Health and Social Care has published details of approved private providers and approved private tests at https://www.find-travel-test-provider.service.gov.uk/test-type/amber.]N.I.

Textual Amendments

Regulation 9A

[F154SCHEDULE 6AN.I.Workforce tests

Textual Amendments

Consequence of failure to undertake testN.I.

1.—(1) This paragraph applies where P fails to undertake a workforce test as required by regulation 9A.

(2) P must enter into and remain in self-isolation from others, in accordance with paragraphs 4 and 5, until the earlier of—

(a)the end of the 14th day after the day on which P arrived in Northern Ireland, or

(b)the time P obtains a negative result from a workforce test.

(3) P must comply with any applicable obligations in regulation 9A(3) during any period that P is required to self-isolate in accordance with paragraph (2).

Consequences of test resultsN.I.

2.—(1) Where a workforce test undertaken by P generates a positive result—

(a)P must as soon as reasonably practicable undertake a further test which complies with the requirements for a day 2 test specified in paragraph 6 of Schedule 6 (requirement to book and undertake tests), in the circumstances specified in paragraph 8 of that Schedule (other than the circumstances in paragraph 8(2) about when a test must be undertaken), and

(b)P must enter into and remain in self-isolation from others in accordance with paragraphs 4 and 5 of this Schedule until the end of the 10th day after the day P undertook the workforce test.

(2) Where sub-paragraph (1) applies—

(a)if the test undertaken by P was a workforce test for day 2, P is not required to undertake a workforce test for day 5 or day 8,

(b)if the test undertaken by P was a workforce test for day 5, P is not required to undertake a workforce test for day 8.

(3) Where the further test undertaken in accordance with sub-paragraph (1)(a) generates a negative result, P is no longer required to remain in self-isolation.

(4) Where a workforce test undertaken by P generates an inconclusive result, P must as soon as reasonably practicable undertake a further workforce test, and that further workforce test is to be treated as a replacement workforce test within the meaning of regulation 9A.

(5) Where a workforce test undertaken by P generates a negative result, there are no consequences.

Duties on employersN.I.

3.—(1) An employer with more than 50 employees who is the employer of any person who is required to undertake workforce tests or has responsibility for any agency worker who is required to undertake workforce tests, must take reasonable steps to facilitate the taking of those tests by that person or agency worker in accordance with these Regulations.

(2) In the discharge of the duty under sub-paragraph (1), an employer must have regard to any guidance issued by the Department for the purposes of this paragraph.

(3) In sub-paragraph (1) an employer has responsibility for an agency worker if—

(a)the agency worker is supplied or to be supplied by a person (an “agent”) to the employer under a contract or other arrangements made between the agent and the employer, and

(b)the agency worker is not—

(i)a worker because of the absence of a worker’s contract between the agency worker and the agent or the employer, or

(ii)a party to a contract under which the agency worker undertakes to do the work for another party to a contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the agency worker.

Place where a person must self-isolate under this ScheduleN.I.

4.—(1) This paragraph sets out the place where P must self-isolate.

(2) P must self-isolate at—

(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.

(3) Where it is not possible for P to self-isolate in accordance with sub-paragraph (2), P must self-isolate in accommodation facilitated by the United Kingdom Government for the purposes of P’s self-isolation.

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

Limitations to, and exceptions from, requirement to self-isolate under this ScheduleN.I.

5.—(1) This paragraph sets out the limitations to, and exceptions from, the requirement to self-isolate.

(2) The following provisions of regulation 11 apply to self-isolation under this Schedule as they apply to self-isolation under regulations 10 to 13—

(a)paragraph (2)(a) to (d),

(b)paragraph (3),

(c)in paragraph (4), sub-paragraphs (b) to (f), and (h) to (l).

(4) P is also permitted to leave the place of self-isolation where necessary to undertake a workplace test.]

Regulation 14

SCHEDULE 7N.I.Managed isolation

Managed isolation packageN.I.

1.  In this Schedule, a “managed isolation package” means—N.I.

(a)a booking for a place in accommodation designated by the Department for the purposes of this Schedule,

(b)a booking for transport facilitated by the Department to that accommodation, and

(c)a testing package required by regulation 8

Limitation on ports of entryN.I.

2.—(1) P may only enter Northern Ireland at a port designated for the purposes of this Schedule.N.I.

(2) If P enters otherwise than at a designated port, this paragraph is satisfied if—

(a)P travels directly to the accommodation set out in the package after entry,

(b)P reaches that accommodation within 2 hours of entry, and

(c)P does not interact with any person (other than a person P is travelling with) on the way to that accommodation.

3.—(1) The following ports are designated for the purposes of this Schedule—N.I.

(a)the relevant area in Belfast International Airport,

(b)the relevant area in Belfast City Airport,

(c)any military airfield or port.

(2) For the purposes of this paragraph “the relevant area” in a port means that part of the port which the Department has determined is the relevant area.

(3) The Department must publish details of its determinations of the relevant area in such manner as appears to the Department appropriate.

Duties on arrivalN.I.

4.  P must, on arrival in Northern Ireland, be in possession of a managed isolation package.N.I.

5.  P must, on arrival in Northern Ireland, travel directly to the accommodation set out in the package, using the means of transport set out in the package (but this is subject to paragraph 2(2)).N.I.

6.  If P is not in possession of a managed isolation package on their arrival in Northern Ireland, P must as soon as practicable obtain a managed isolation package and travel directly to the accommodation set out in the package, using the means of transport set out in the package.N.I.

Charge for managed isolation packageN.I.

7.—(1) The Department may impose a charge in relation to the accommodation, transport and testing package in the managed isolation package.N.I.

(2) The Department [and a person designated by the Department] may recover any sum owed by P in relation to the package as a debt.

Duty to remain in managed isolation and period of isolationN.I.

8.—(1) P must enter into and remain in managed isolation in the place set out in the package until whichever is the later of—N.I.

(a)the end of the period of 10 days beginning with the day after P's arrival in Northern Ireland,

(b)the end of the period for which P is required to isolate under Schedule 6.

(2) Sub-paragraph (1) does not apply if P leaves the common travel area where permitted to do so in accordance with these Regulations.

Exceptions from duty remain in managed isolationN.I.

9.  P is not required to remain in managed isolation—N.I.

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

(b)from any person who is staying in the place where P is isolating whose assistance P reasonably requires by reason of—

(i)P being a child, or

(ii)any disability of P's,

10.  P is not required to remain in managed isolation from a person (V) when V is at the place where P is isolating in exceptional circumstances, such as—N.I.

(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,

(c)to provide medical assistance to P or to any other person who is staying in the place where P is 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 social services or services provided to victims (such as victims of crime).

Permitted reasons to leave or be outside the place of managed isolationN.I.

11.—(1) During the period of their managed isolation, P may not leave, or be outside, the place where P is isolating, except—N.I.

(a)to travel directly to a port to leave the common travel area, but this is subject to [F155paragraph 4 of Schedule 6] (consequences of positive test result),

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

(c)to take exercise alone or with the persons referred to in paragraph 9(a),

(d)to visit a person (D) whom P reasonably believes is dying, and where P is a member of D's household or a close family member or friend of D,

(e)to attend the funeral of—

(i)a member of P's household, or

(ii)a close family member,

(f)in other exceptional circumstances, such as—

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

(ii)to access critical public services, including social services or services provided to victims (such as victims of crime),

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

(iv)to access veterinary services where this is required urgently or on the advice of a veterinary surgeon.

(2) P may only leave, or be outside, the place where P is isolating in reliance on the grounds mentioned in sub-paragraphs (1)(c), (d) or (e)—

(a)if P has been given prior permission by a person authorised by the Department for this purpose, and

(b)if P complies with any reasonable requirements imposed by the person so authorised in relation to the exercise, the visit to the person or attendance at the funeral.

Textual Amendments

Meaning of “place”N.I.

12.—(1) For the purposes of this Schedule “place” means—N.I.

(a)the room in the designated accommodation where P is staying, and

(b)if connected to the room where P is staying, the room of any person referred to in paragraph 9(a),

including any balcony.

(2) But “place” does not include the communal areas or any garden, yard, passage, stair, garage, outhouse or appurtenance of the accommodation in which the place is situated.

DesignationsN.I.

13.  The Department must designate, for the purposes of this Schedule—N.I.

(a)accommodation,

(b)transportation to the designated accommodation,

and must publish details of the designations in such manner as appears to the Department appropriate.

Duties where P is a childN.I.

14.  If P is a child—N.I.

(a)any person who has custody or charge of P when P is travelling to Northern Ireland must ensure, so far as is reasonably practicable, that P complies with the obligations in paragraphs 4, 5 and 6,

(b)any person who has custody or charge of P during P's period of managed isolation must ensure, so far as is reasonably practicable, that P isolates in accordance with this Schedule.

Person caring for PN.I.

15.  A person may reside in the place where P is residing in accordance with this Schedule in order to provide assistance to P, where P reasonably requires that assistance by reason of—N.I.

(a)P being a child, or

(b)any disability of P's

and paragraphs 8 to 11 apply to that person as they apply to P for the period that those paragraphs apply to P.

Duty to provide evidence of possession of managed isolation packageN.I.

16.  A person who is obliged to possess a managed isolation package must provide evidence of it if requested by an immigration officer or constable.N.I.

Modification of application of this Schedule where P is a relevant personN.I.

17.—(1) Where P is a relevant person (see paragraphs 18 to [F15622] ), this Schedule applies to P with the following modifications—N.I.

(a)the reference in paragraph 5 to the means of transport designated in the managed isolation package booked for P are to be read as references to transport determined by the Department,

(b)the references in paragraphs 5, 7 and 8 to a managed isolation package are to be read as references to a managed isolation package containing such provisions as to accommodation, transport and testing as the Department considers appropriate,

(c)paragraph 6 does not apply to P.

Textual Amendments

18.  P is a relevant person if—N.I.

(a)P is—

(i)a person requiring urgent medical assistance,

(ii)a person on immigration bail,

(iii)a person who has been detained by an immigration officer,

(iv)a person who has been refused leave to enter the UK,

(v)an illegal entrant,

(vi)an asylum seeker,

(vii)a person who is in police custody,

(viii)an unaccompanied child, where it is not reasonable for a person with responsibility for P to reside with the child in accommodation designated by the Department for the purposes of this Schedule,

(ix)a prisoner,

(x)a potential victim of modern slavery; and

(b)the Department has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

19.—(1) P is a relevant person if—N.I.

(a)P is, or was on the 1st September 2020, a child,

(b)P travels to the UK for the purposes of receiving education at a boarding school in Northern Ireland at which education and accommodation is due to be provided for P,

(c)P is not accompanied into the UK by an individual who has responsibility for P, or if P is aged 18, would have had such responsibility if P were a child, and

(d)the Department has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(2) In this paragraph—

“boarding school” means a school which—

(a)

provides accommodation for its pupils on its own premises, or

(b)

arranges accommodation for its pupils to be provided elsewhere (other than in connection with a residential trip away from the school).

“school” has the meaning given in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 M37.

Marginal Citations

20.—(1) P is a relevant person if—N.I.

(a)P is vulnerable as a result of a severe medical or health condition,

(b)P would not receive appropriate support in designated accommodation and that condition would be severely detrimentally impacted if P were required to isolate in such accommodation,

(c)P has provided evidence from a suitably qualified or registered medical practitioner of [F157—

(i)the severe medical or health condition that P has;

(ii)the support reasonably needed by P to manage P’s medical or health condition if required to isolate in designated accommodation; and

(iii)the probable impact to P’s health if P were to be required to isolate in designated accommodation and the support identified as being reasonably needed were not provided], and

(d)the Department has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(2) P is also a relevant person if travelling with a person who is a relevant person by virtue of sub-paragraph (2), where it is necessary for P to care for that relevant person, and where the Department has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

Textual Amendments

21.  P is a relevant person if—N.I.

(a)P needs to visit a person (D) whom P reasonably believes is dying, or where D is severely ill,

(b)P is a member of D's household or a close family member or friend of D,

(c)it would not be reasonably practicable for P to visit D if P were required to isolate in designated accommodation, and

(d)the Department has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

[F15822.—(1) P is a relevant person if—N.I.

(a)P travels to Northern Ireland for the purposes of receiving education at a University in Northern Ireland at which education and accommodation are due to be provided for P,

(b)P is not accompanied into the UK by an individual who has responsibility for P, or if P is aged 18, would have had such responsibility if P were a child, and

(c)the Department has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(2) In this paragraph—

“University” includes a university college and any college, or institution in the nature of a college, in a university as defined in Art 30 (3) of the Education and Libraries (NI) Order 1993.]

Textual Amendments

Regulations 17 and 18

SCHEDULE 8N.I.Prohibition on arrival of aircraft and vessels

1.  The countries and territories referred to in regulation 17(1) (prohibition on arrival of aircraft into Northern Ireland) areN.I.

  • [F159No countries or territories are specified in this paragraph]

Textual Amendments

2.  The countries and territories referred to in regulation 18(1) (prohibition on arrival of vessels into Northern Ireland) areN.I.

[F160No countries or territories are specified in this paragraph]

Textual Amendments

Regulation 38

SCHEDULE 9N.I.Revocations

PART 1N.I.Regulations revoked in their entirety

The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020 M38

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment) Regulations (Northern Ireland) 2020 M39

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 2) Regulations (Northern Ireland) 2020 M40

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 3) Regulations (Northern Ireland) 2020 M41

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 4) Regulations (Northern Ireland) 2020 M42

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 5) Regulations (Northern Ireland) 2020 M43

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 6) Regulations (Northern Ireland) 2020 M44

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 7) Regulations (Northern Ireland) 2020 M45

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 8) Regulations (Northern Ireland) 2020 M46

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 9) Regulations (Northern Ireland) 2020 M47

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 10) Regulations (Northern Ireland) 2020 M48

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 11) Regulations (Northern Ireland) 2020 M49

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 12) Regulations (Northern Ireland) 2020 M50

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 13) Regulations (Northern Ireland) 2020 M51

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 14) Regulations (Northern Ireland) 2020 M52

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 15) Regulations (Northern Ireland) 2020 M53

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 16) Regulations (Northern Ireland) 2020 M54

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 17) Regulations (Northern Ireland) 2020 M55

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 18) Regulations (Northern Ireland) 2020 M56

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 21) Regulations (Northern Ireland) 2020 M57

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 22) Regulations (Northern Ireland) 2020 M58

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 23) Regulations (Northern Ireland) 2020 M59

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 24) Regulations (Northern Ireland) 2020 M60

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 25) Regulations (Northern Ireland) 2020 M61

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 26) Regulations (Northern Ireland) 2020 M62

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 27) Regulations (Northern Ireland) 2020 M63

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment) Regulations (Northern Ireland) 2021 M64

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 2) Regulations (Northern Ireland) 2021 M65

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 3) Regulations (Northern Ireland) 2021 M66

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 4) Regulations (Northern Ireland) 2021 M67

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 5) Regulations (Northern Ireland) 2021 M68

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 6) Regulations (Northern Ireland) 2021 M69

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 7) Regulations (Northern Ireland) 2021 M70

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 8) Regulations (Northern Ireland) 2021 M71

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 9) Regulations (Northern Ireland) 2021 M72

Marginal Citations

The Health Protection (Coronavirus, International Travel) (Amendment No. 10) Regulations (Northern Ireland) 2021 M73

Marginal Citations

PART 2N.I.Regulations partially revoked

Regulation 2 of The Health Protection (Coronavirus, International Travel and Public Health Advice for Persons Travelling to Northern Ireland) (Amendment) Regulations (Northern Ireland) 2020 M74

Marginal Citations

Part 1 of The Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Amendment) Regulations (Northern Ireland) 2021 M75

Marginal Citations