The Health Protection (Coronavirus, Travel from Denmark) (England) Regulations 2020

Statutory Instruments

2020 No. 1239

Public Health, England

Transport

The Health Protection (Coronavirus, Travel from Denmark) (England) Regulations 2020

Made

at 2.16 a.m. on 8th November 2020

Coming into force

at 4.00 a.m. on 8th November 2020

Laid before Parliament

9th November 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45B, 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984(1).

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Travel from Denmark) (England) Regulations 2020 and come into force at 4.00 a.m. on 8th November 2020.

(2) These Regulations apply in relation to England only.

(3) In these Regulations—

“operator” means—

(a)

in relation to a commercially operated conveyance, the person who has management of the conveyance when it arrives in England;

(b)

in relation to any other conveyance, the individual in control of the conveyance when it arrives in England;

“passenger” means a person carried in or on a conveyance other than a member of the conveyance’s crew.

(4) In the definition of “operator” in paragraph (3)—

(a) “arrives” means—

(i) in relation to an aircraft, lands;

(ii) in relation to a vessel, moors at a port;

(b) “conveyance” means aircraft or vessel.

Prohibition on the arrival of aircraft travelling directly from Denmark

2.—(1) Subject to paragraph (2), this regulation applies to an aircraft whose last point of departure was in Denmark (“a relevant aircraft”).

(2) This regulation does not apply to—

(a) a commercially operated aircraft carrying no passengers;

(b) an aircraft operated by or in support of Her Majesty’s Government in the United Kingdom.

(3) An operator must not cause or permit a relevant aircraft to land in England unless landing in England is reasonably necessary to secure the safety of the aircraft or the health and safety of any person aboard it.

Prohibition on the arrival of vessels travelling directly from Denmark

3.—(1) Subject to paragraph (2), this regulation applies to a vessel whose last point of departure was a port in Denmark (“a relevant vessel”).

(2) This regulation does not apply to—

(a) a commercially operated vessel carrying no passengers;

(b) a vessel operated by or in support of Her Majesty’s Government in the United Kingdom.

(3) An operator must not cause or permit a relevant vessel to moor at a port in England unless mooring at a port in England is reasonably necessary to secure the safety of the vessel or the health and safety of any person aboard it.

(4) In this regulation, “port” has the meaning given in section 313(1) of the Merchant Shipping Act 1995(2).

Offences and penalties

4.—(1) An operator commits an offence if they contravene—

(a) regulation 2(3), or

(b) regulation 3(3).

(2) An offence under this regulation is punishable on summary conviction by a fine.

Transitional provision

5.  These Regulations do not apply in respect of any flight or voyage that commenced before 4.00 a.m. on 8th November 2020.

Signed by authority of the Secretary of State for Transport

Rachel Maclean

Parliamentary Under Secretary of State

Department for Transport

at 2.16 a.m on 8th November 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prohibit the arrival in England of vessels and aircraft travelling directly from Denmark.

Regulation 2 prohibits the arrival in England of certain aircraft which depart from Denmark.

Regulation 3 prohibits the arrival in England of certain vessels which depart from Denmark.

An impact assessment has not been produced for this instrument. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.

(1)

1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

(2)

1995 c. 21. Section 313(1) defines “port” as including place.