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

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PART 1E+WGeneral

Citation, commencement and applicationE+W

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 and come into force on 8th June 2020.

(2) These Regulations apply as respects England only.

Commencement Information

I1Reg. 1 in force at 8.6.2020, see reg. 1(1)

InterpretationE+W

2.—(1) In these Regulations—

“child” means a person under the age of 18;

“the common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M1;

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus);

[F1“device” means an in vitro diagnostic medical device within the meaning given in regulation 2(1) of the Medical Devices Regulations 2002;]

[F2“disability” has the meaning given in the Equality Act 2010 (see section 6 of, and Schedule 1 to, that Act);]

[F3“exempt country or territory” means a country or territory [F4, or part of a country or territory,] specified in Schedule A1 and “non-exempt country or territory” means any other country or territory [F5, or part of a country or territory,] outside the common travel area;]

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 M2;

“passenger information” has the meaning given in regulation 3(1);

“Passenger Locator Form” means the form published electronically by the Secretary of State for the provision of passenger information M3;

[F6“qualifying test” means a test that is a qualifying test for the purposes of regulation 3A;]

“self-isolate” has the meaning given in regulation 4(2), and “self-isolation” and “self-isolating” are to be construed accordingly;

[F7“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 result.]

(2) For the purposes of these Regulations, an individual has responsibility for a child if the individual—

(a)has custody or charge of the child for the time being, or

(b)has parental responsibility for the child within the meaning given in section 3 of the Children Act 1989 M4.

[F8(3) For the purposes of these Regulations, a person (“P”) is not treated as departing from or transiting through a country or territory [F9, or part of a country or territory, if, at all times whilst in that country, territory or part thereof]—

(a)P remains on a conveyance and no other passenger is permitted to be taken on board, or

(b)P is kept separated from passengers who did not arrive on the same conveyance as P, and no such passengers are permitted to be taken on board the conveyance on which P leaves that [F10country, territory, or part].]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M1Section 1(3) provides that the United Kingdom, the Channel Islands, the Isle of Man, and the Republic of Ireland are collectively referred to in that Act as “the common travel area”.

M21971 c. 77. Paragraph 1 was amended by paragraph 3 of Schedule 3 to the Health Protection Agency Act 2004 (c. 17), and by S.I. 1993/1813.

M3The Passenger Locator Form is available on www.gov.uk. No hard copy version is generally available but, where a person arrives at a place staffed by Immigration Officers, they will be provided with the ability to complete the form electronically on their arrival in England if not completed in advance; assistance will be available for completion of the electronic form if required.

PART 2E+WObligations on persons arriving in England and others

Requirement to provide informationE+W

3.—(1) A person who arrives in England from outside the common travel area must, subject to paragraph (2), provide on the Passenger Locator Form the information set out in Schedule 1 (“passenger information”) on their arrival.

(2) A person who presents at immigration control at the Channel Tunnel shuttle terminal area in France M5, with the intention of boarding a shuttle service destined for the United Kingdom, must provide on the Passenger Locator Form their passenger information on so presenting.

(3) Subject to paragraph (4), a person who arrives in England from within the common travel area who has been outside the common travel area at any time in the period beginning with the [F1110th] day before the date of their arrival in England must provide on the Passenger Locator Form their passenger information on their arrival.

(4) Paragraph (3) does not apply to a person described in that paragraph who arrives in England from Scotland, Wales or Northern Ireland and who has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland, [F12specifying—

(a)in the case of a person who is required to comply with regulation 4, an address in England where that person intends to self-isolate, or

(b)in the case of any other person, an address in England where that person intends to stay during the period of [F1310] days beginning on the day after the date of their arrival in the United Kingdom].

(5) A person who is travelling with a child for whom they have responsibility, must ensure that passenger information is provided in relation to that child on the Passenger Locator Form—

(a)on their arrival in England, in the case of a person described in paragraph (1) or (3), or

(b)when they present at immigration control, in the case of a person described in paragraph (2).

(6) If a person described in any of paragraphs (1) to (3) provides their passenger information, and any passenger information required by virtue of paragraph (5), on the Passenger Locator Form in the 48 hours before they are required to do so, then they are treated as having complied with those paragraphs (as applicable).

(7) A person who has provided passenger information in advance in accordance with paragraph (6) must provide evidence that they have done so if requested by an immigration officer.

(8) If passenger information changes or becomes available to a person required to self-isolate during that person's period of self-isolation in England that person must, as soon as reasonably possible take all reasonable steps to complete a Passenger Locator Form, or a new Passenger Locator Form, as the case may be.

(9) Nothing in this regulation requires a person to provide any information if that information is not within their possession or control.

[F14(10) The following are not required to comply with this regulation—

(a)a person described in regulation 4(12),

(b)a person described in any of paragraphs 1 to 4 of Schedule 2,

(c)a person described in any of paragraphs 4A to 4F of Schedule 2 who meets the condition in paragraph 4G of that Schedule,

(d)a person described in paragraph 12 of Schedule 2.]

[F15(10A) Paragraph (10) does not apply in relation to a person who has, at any time in the period beginning with the 10th day before the date of their arrival in England, departed from or transited through a country or territory listed in Schedule B1.]

(11) For the purposes of this regulation, “shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987 M6.

Textual Amendments

Commencement Information

I3Reg. 3 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M5Article 4(1) of the Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813) has the effect of extending all frontier control enactments to the control zone in France. A “frontier control enactment” is an enactment which contains provision relating to frontier controls and the definition of “frontier controls” in Schedule 1 to that Order includes controls in relation to health. The Public Health (Control of Disease) Act 1984 and these Regulations made under it therefore apply in the control zone.

[F16Requirement to possess notification of negative test resultE+W

3A.—(1) A person who arrives in England having begun their journey outside the common travel area must, subject to paragraph (2), possess on arrival valid notification of a negative result from a qualifying test taken by that person.

(2) A person who presents at immigration control at the Channel Tunnel shuttle terminal area in France, with the intention of boarding a shuttle service destined for the United Kingdom, must, on so presenting, possess valid notification of a negative result from a qualifying test taken by that person.

(3) A person who is travelling with a child aged 11 or over and for whom they have responsibility must—

(a)on their arrival in England, in the case of a person described in paragraph (1), or

(b)when they present at immigration control, in the case of a person described in paragraph (2),

possess valid notification of a negative result from a qualifying test taken by that child.

(4) A person who possesses valid notification of a negative result from a qualifying test must produce that notification, physically or digitally, if requested to do so by an immigration officer.

(5) The following persons are not required to comply with this regulation—

(a)a child who is under the age of 11,

(b)a person described in paragraph 2, 3, 4, 4B, 4C, 4D, 4E, 4F, 6, 11, 12 or 29 of Schedule 2,

(c)a person described in any sub-paragraph of paragraph 3(1) of Schedule 2B.

(6) For the purposes of this regulation—

(a)a test is a qualifying test if it complies with paragraph 1 of Schedule 2B,

(b)a notification of a negative result is valid if it includes the information specified in paragraph 2 of Schedule 2B,

(c)a child is to be treated as possessing valid notification of a negative result from a qualifying test taken by that child even if that notification is possessed by a person who is travelling with, and has responsibility for, that child,

(d)“shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987.]

Textual Amendments

Requirement to self-isolateE+W

4.—(1) This regulation applies where a person (“P”)—

(a)arrives in England from [F17a non-exempt country or territory], or

(b)arrives in England from within the common travel area [F18or from an exempt country or territory], and has at any time in the period beginning with the [F1910th] day before the date of their arrival in England, [F20departed from or transited through a non-exempt country or territory] [F21, or

(c)is residing with another person (“B”), and B has arrived in England from a country or territory listed in Schedule B1 or has, within the period beginning with the 10th day before the date of B’s arrival in England, departed from or transited through a country or territory listed in Schedule B1]

F22(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) P must remain in isolation from others (“self-isolate”) in accordance with this regulation.

(3) P must self-isolate—

(a)unless sub-paragraph (b)[F23, (c) or (d)] applies—

(i)in the case of a person [F24who has arrived from outside the common travel area], at an address specified in P's Passenger Locator Form F25..., as required by regulation 3 and paragraph 2(a) of Schedule 1,

(ii)in the case of a person [F26who has arrived from within the common travel area], or a person described in paragraph 1 of Schedule 2 (other than one described in paragraph (13)(a)(i)), at a place at which they intend to self-isolate while in England,

(iii)where it is not possible for P to self-isolate in accordance with paragraph (i) or (ii), in accommodation facilitated by the Secretary of State for the purposes of P's self-isolation,

(b)where P is an asylum seeker, in accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999 M7,

(c)where P is a person described in paragraph 9(1) of Schedule 10 to the Immigration Act 2016 (powers of Secretary of State to enable person to meet bail conditions), in accommodation provided or arranged under that paragraph [F27, or

(d)where P is a person described in paragraph (1)(c) (residing with another person, “B”), at the address at which P is residing with B].

(4) [F28Where P is required to comply with this regulation, the address specified by P in the Passenger Locator Form pursuant to paragraph 2(a) of Schedule 1] must be—

(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.

(5) More than one address may be specified [F29as the place at which P intends to self-isolate] in the Passenger Locator Form where—

(a)a legal obligation requires P to change addresses, or

(b)it is necessary for P to stay overnight at an address on their arrival in England before travelling directly to another address at which they will be self-isolating.

(6) In paragraph (3)(a)(ii) “a place at which they intend to self-isolate while in England” means—

(a)where the person has completed a Passenger Locator Form, at an intended place of self-isolation specified in that form,

(b)where the person has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland, at an intended place of self-isolation specified in that form,

(c)in any other case at a place described in paragraph (4)(a) to (c).

(7) [F30Where P is a person described in paragraph (1)(a) or (b),] P must, on their arrival in England, travel directly to the place at which they are to self-isolate, and must then self-isolate until whichever is the earlier of—

(a)the end of the [F3110th] day after the day on which they [F32last departed from or transited through a non-exempt country or territory], F33...

(b)their departure from England [F34, or

(c)the beginning of the period for which they are required to self-isolate under regulation 2(2)(a)(i) of the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 (after which they are subject to that self-isolation requirement).]

[F35(7A) Where P is a person described in paragraph (1)(c) (residing with another person, “B”), P must self-isolate until the end of the period during which B is required to self-isolate.]

(8) Paragraph (2) does not require P to remain in isolation—

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

(b)where P is self-isolating in their home, from any member of their household,

(c)where P is self-isolating in the home of a friend or family member, from any member of the household of that friend or family member [F36,

(d)where P leaves, or is outside of, the place where they are self-isolating in accordance with paragraph (9)(h), from any person (other than a person who is required by paragraph (2) to self-isolate) whose assistance P reasonably requires in order to undertake the test, by reason of —

(i)P being a child, or

(ii)any disability of P's].

[F37(8A) Paragraph (2) does not require P to remain in isolation from a person (“V”) when V is at the place where P is self-isolating—

(a)to provide emergency assistance,

(b)to provide care or assistance, including relevant personal care within the meaning of paragraph 1(1B) or 7(3B) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 F38, to P or to any other person who is living in the place where P is self-isolating,

(c)to provide medical assistance, including to provide any of the services mentioned in paragraph (9)(b), to P or to any other person who is living in the place where P is self-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 those mentioned in paragraph (9)(g)(ii)(aa) and (bb) [F39,

(f)to administer a test to P in accordance with Schedule 2A].]

(9) During the period of their self-isolation, P may not leave, or be outside of, the place where P is self-isolating except—

(a)to travel in order to leave England, provided that they do so directly,

(b)to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner, including to access [F40services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical or health practitioners, including services relating to mental health],

[F41(ba)to access veterinary services where this is required urgently or on the advice of a veterinary surgeon,]

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

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

(e)on compassionate grounds, including to attend a funeral of—

(i)a member of P's household,

(ii)a close family member, or

(iii)if no-one within paragraph (i) or (ii) are attending, a friend,

(f)to move to a different place for self-isolation specified in the Passenger Locator Form or a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland, or

(g)in exceptional circumstances such as—

(i)to obtain basic necessities such as food and medical supplies for those in the same household (including any pets or animals in the household) where it is not possible to obtain these provisions in any other manner,

(ii)to access critical public services, including—

(aa)social services,

(bb)services provided to victims (such as victims of crime),

(iii)to move to a different place for self-isolation where it becomes impracticable to remain at the address at which they are self-isolating [F42,

(h)for the purposes of, or connected with, undertaking a test in accordance with Schedule 2A].

(10) For the purposes of this regulation, the place referred to in paragraph (3) includes the premises where P is self-isolating together with any garden, yard, passage, stair, garage, outhouse, or other appurtenance of such premises.

(11) If P is a child, any person who has custody or charge of P during P's period of self-isolation must ensure, so far as reasonably practicable, that P self-isolates in accordance with this regulation.

(12) If P is a person described in paragraph (1)(b) who—

(a)has arrived from Wales or Scotland, and

(b)is in England, temporarily, for a reason which would constitute an exception under paragraph (9),

P is not required to comply with this regulation.

(13) If P is a person described—

(a)in paragraph 1(1) of Schedule 2—

(i)where P is a person described in paragraph 1(1)(a) to (k) of, and meets the conditions set out in paragraph 1(2) of, that Schedule, P is not required to comply with this regulation,

(ii)in any other case, paragraph (3)(b) and (c) does not apply to P,

(b)in paragraph 28 of Schedule 2, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 28 [F43of that Schedule],

[F44(ba)in paragraph 28A of Schedule 2, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 28A of that Schedule,]

(c)in paragraph 38 of Schedule 2—

(i)paragraph (2) does not require P to remain in isolation from any other person who is living or working on the specified farm,

(ii)paragraph (3)(a)(i) applies with the modification that the address specified by P as the address at which they intend to self-isolate must be the specified farm,

where “specified farm” has the meaning given in paragraph 38 of Schedule 2,

[F45(ca)in paragraph 39 of Schedule 2—

(i)where P is [F46a new domestic elite sportsperson,] an international elite sportsperson or an international ancillary sportsperson, P satisfies the requirements of paragraph (2) if P complies with the conditions specified in paragraph 39(4) [F47(za),] (a) or (b), as the case may be, of Schedule 2,

(ii)in any other case, P is not required to comply with this regulation,

(cb)in paragraph 40 of Schedule 2, paragraph (2) does not—

(i)prevent P from travelling from the place where P is self-isolating to the place where the production is taking place, or

(ii)require P to remain in isolation from any other person who is working on the same production,]

[F48(cc) in paragraph 41 of Schedule 2, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 41 of that Schedule,]

F49(cd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(ce). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F50(cf)in paragraph 43 of Schedule 2, paragraph (2) does not—

(i)prevent P from travelling between the place where P is self-isolating and any place where P’s presence is required for the purposes of work as a journalist, or

(ii)require P to remain in isolation from any other person with whom P reasonably needs to meet in person for the purposes of work as a journalist,

(cg)in paragraph 44(1) of Schedule 2, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 44(2) of that Schedule,]

(d)in any other paragraph of Schedule 2, P is not required to comply with this regulation.

[F51(13A) P ceases to be required to comply with this regulation, where P—

(a)has undertaken a test in accordance with Schedule 2A, and

(b)is notified in accordance with paragraph 5(2) of that Schedule that the result of that test is negative,

from the time P is so notified.]

[F52(14) [F53Subject to paragraphs (15) and (16), paragraphs] (13) and (13A) do not apply in relation to—

(a)a person who has, at any time in the period beginning with the 10th day before the date of their arrival in England, departed from or transited through a country or territory listed in Schedule B1, or

(b)a person residing with a person described in sub-paragraph (a).]

[F54(15) Paragraph (14) does not apply in relation to a person described in paragraph 6 of Schedule 2 who has, at any time during the period beginning with the 10th day before the date of their arrival in England, departed from or transited through a relevant country or territory unless they have also departed from or transited through a country or territory listed in Schedule B1 other than a relevant country or territory during that period.

(16) For the purposes of paragraph (15), the relevant countries or territories are—

(a)The Azores;

(b)Madeira;

(c)Portugal.]

Textual Amendments

F382006 c. 47. Paragraph 1(1B) of Schedule 4 was inserted by section 64(3) of the Protection of Freedoms Act 2012 (c. 9) and paragraph 7(3B) was substituted by section 66(2) of that Act

Commencement Information

I4Reg. 4 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M71999 c. 33. Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c. 41), by section 10(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), by section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c. 13), and by paragraph 1 of Schedule 11 to the Immigration Act 2016 (c. 19). Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 and by paragraph 29 of Schedule 10 to the Immigration Act 2016

[F55PART 2AE+WProhibition on the arrival of aircraft and vessels into England

Textual Amendments

Interpretation of Part 2AE+W

4A.—(1) In this Part—

“operator” means—

(a)

in relation to a commercially operated aircraft or vessel, the person who has management control over the aircraft or vessel when it arrives in England;

(b)

in relation to any other aircraft or vessel, the person who has physical control over the aircraft or vessel when it arrives in England;

“passenger” means a person carried in or on an aircraft or vessel other than a member of the aircraft or vessel’s crew;

“port” has the same meaning as in the Merchant Shipping Act 1995.

(2) In the definition of “operator” in paragraph (1) “arrives” means—

(a)in relation to an aircraft, lands;

(b)in relation to a vessel, moors at a port.

Prohibition on arrival of aircraft into EnglandE+W

4B.—(1) Subject to paragraph (2), this regulation applies in relation to an aircraft whose last point of departure was in a country or territory listed in paragraph 1 of Schedule B2 (“a relevant aircraft”).

(2) This regulation does not apply in relation 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—

(a)landing in England is reasonably necessary to secure the safety of the aircraft or the health and safety of any person aboard it;

(b)the landing is only for the purpose of refuelling, or aircraft maintenance, and no passengers are permitted to board, or disembark from, the aircraft; or

(c)the aircraft is an air ambulance and landing for the purpose of transporting a person for medical treatment.

Prohibition on arrival of vessels into EnglandE+W

4C.—(1) Subject to paragraph (2), this regulation applies in relation to a vessel whose last point of departure was a port in a country or territory listed in paragraph 2 of Schedule B2 (“a relevant vessel”).

(2) This regulation does not apply in relation 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—

(a)is reasonably necessary to secure the safety of the vessel or the health and safety of any person aboard it; or

(b)is otherwise required pursuant to a direction issued under Schedule 3A to the Merchant Shipping Act 1995.]

PART 3E+WEnforcement

Enforcement of requirement to self-isolateE+W

5.—(1) Where an authorised person has reasonable grounds to believe that a person (“P”) has left, or is outside of, the place where P is self-isolating in contravention of regulation 4, the authorised person may—

(a)direct P to return to the place where P is self-isolating,

(b)[F56where the authorised person is a constable,] remove P to the place where P is self-isolating,

(c)where [F57the authorised person is a constable and] it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to accommodation facilitated by the Secretary of State for the purposes of P's self-isolation.

(2) Paragraph (1)(b) and (c) does not apply where P is a person described in paragraph 1 of Schedule 2.

(3) [F58A constable] exercising the power in paragraph (1)(b) or (c) may use reasonable force, if necessary, in the exercise of the power.

(4) Where P is a child, and has left or is outside of, the place where they are self-isolating and accompanied by an individual who has responsibility for them—

(a)an authorised person may direct that individual to take P to the place where P is self-isolating, and

(b)that individual must, so far as reasonably practicable, ensure that P complies with any direction given by an authorised person to P.

(5) Where P is a child, and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with regulation 4, the authorised person may direct any individual who has responsibility for P to ensure, so far as reasonably practicable, that P so complies.

(6) An authorised person may only exercise a power in paragraph (1), (4) or (5) if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with regulation 4.

(7) For the purposes of this regulation, “authorised person” means—

(a)a constable, or

(b)a person designated by the Secretary of State for the purposes of this regulation.

Textual Amendments

Commencement Information

I5Reg. 5 in force at 8.6.2020, see reg. 1(1)

Offences and penaltiesE+W

6.—(1) A person who—

(a)without reasonable excuse contravenes a requirement in regulation 3,

[F59(aa)without reasonable excuse contravenes a requirement in regulation 3A,]

(b)contravenes a requirement in regulation 4, or

(c)without reasonable excuse contravenes a requirement in or imposed under regulation 5,

commits an offence.

[F60(1A) But a person does not commit an offence where they contravene a requirement [F61in—

(a)regulation 3A, if they reasonably believed at the time of the contravention that the notification of a negative result was valid and from a qualifying test, or

(b)regulation 4 in the circumstances described in paragraph (8)(d), (8A)(f), (9)(h) or (13A) of that regulation, if they reasonably believed at the time of the contravention that the test was an appropriate test (within the meaning given in paragraph 2 of Schedule 2A).]]

[F62(1B) For the purposes of paragraph (1)(aa), reasonable excuses include, in particular, where—

(a)a person was medically unfit to provide a sample for a qualifying test and possessed a document, in English or accompanied by a certified English translation, signed by a medical practitioner entitled to practise in the country or territory in which that practitioner was based, to that effect,

(b)it was not reasonably practicable for a person to obtain a qualifying test due to a disability,

(c)a person required medical treatment with such urgency that obtaining a qualifying test was not reasonably practicable,

(d)a person contracted coronavirus and required emergency medical treatment,

(e)a person was accompanying, in order to provide support, whether medical or otherwise, a person described in sub-paragraph (c) or (d) where it was not reasonably practicable for the accompanying person to obtain a qualifying test,

(f)a person began their journey to England in a country or territory in which a qualifying test was not available to the public, with or without payment, or in which it was not reasonably practicable for a person to obtain a qualifying test due to a lack of reasonable access to a qualifying test or testing facility and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure if this was different to where they began their journey,

(g)the time it has taken a person to travel from the country or territory where they began their journey to the country or territory of their last point of departure prior to arriving in England meant that it was not reasonably practicable for them to meet the requirement in paragraph 1(c) of Schedule 2B, and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure.]

(2) A person who, without reasonable excuse, wilfully obstructs any person carrying out a function under these Regulations commits an offence.

(3) A person who intentionally or recklessly provides false or misleading passenger information commits an offence.

[F63(3A) An operator (within the meaning given in regulation 4A) who contravenes regulation 4B(3) or 4C(3) commits an offence.]

(4) An offence under these Regulations is punishable on summary conviction by a fine.

(5) Section 24 of the Police and Criminal Evidence Act 1984 M8 applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—

(a)to maintain public health,

(b)to maintain public order.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M81984 c. 60. Section 24 was substituted by section 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).

Fixed penalty noticesE+W

7.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person has reasonable grounds to believe—

(a)has committed an offence under these Regulations, and

(b)is aged 18 or over.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to an officer designated by the Secretary of State for the purposes of this regulation (“the designated officer”) specified in the notice.

(3) Where a person is issued with a notice under this regulation in respect of an offence—

(a)no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice,

(b)the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(4) A fixed penalty notice must—

(a)give reasonably detailed particulars of the circumstances alleged to constitute the offence,

(b)state the period during which (because of paragraph (3)(a)) proceedings will not be taken for the offence,

(c)specify the amount of the fixed penalty,

(d)state the name and address of the person to whom the fixed penalty may be paid, and

(e)specify permissible methods of payment.

(5) Where the fixed penalty notice is issued in respect of an offence described in regulation [F646(1)(c)], or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 4 or 5, then the amount specified under paragraph (4)(c) must be £1,000.

[F65(5A) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(b), then the amount specified under paragraph (4)(c) must be—

(a)in the case of the first fixed penalty notice, £1,000,

(b)in the case of the second fixed penalty notice, £2,000,

(c)in the case of the third fixed penalty notice, £4,000,

(d)in the case of the fourth and subsequent fixed penalty notice, £10,000.

(5B) In determining how many fixed penalty notices a person (“P”) has received for the purposes of paragraph 5A, if P received more than one fixed penalty notice for an offence described in regulation 6(1)(b) of these Regulations before 2nd October 2020, only one of those notices may be taken into account.]

(6) Where the fixed penalty notice is issued in respect of an offence described in regulation 6(1)(a) or (3), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 3 (an “information offence”), then the amount specified under paragraph (4)(c) must be—

(a)in the case of the first fixed penalty notice issued in respect of an information offence, £100,

(b)in the case of the second fixed penalty notice issued in respect of an information offence, £200,

(c)in the case of the third fixed penalty notice issued in respect of an information offence, £400,

(d)in the case of the fourth fixed penalty notice issued in respect of an information offence, £800,

(e)in the case of the fifth fixed penalty notice issued in respect of an information offence, £1,600,

(f)in the case of the sixth and subsequent fixed penalty notices issued in respect of an information offence, £3,200.

[F66(6A) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(aa), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 3A, then the amount specified under paragraph (4)(c) must be—

(a)in the case of the first fixed penalty notice, £500,

(b)in the case of the second fixed penalty notice, £1,000,

(c)in the case of the third fixed penalty notice, £2,000,

(d)in the case of the fourth and subsequent fixed penalty notice, £4,000.]

(7) Whatever other method may be specified under paragraph (4)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (4)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(8) Where a letter is sent as described in paragraph (7), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(9) In any proceedings, a certificate that—

(a)purports to be signed by or on behalf of the designated officer, and

(b)states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

(10) For the purposes of this regulation, “authorised person” means—

(a)a constable,

(b)an immigration officer, but only in relation to the issue of a fixed penalty notice in respect of an information offence [F67or an offence described in regulation 6(1)(aa)], or

(c)a person designated by the Secretary of State for the purposes of this regulation.

Textual Amendments

Commencement Information

I7Reg. 7 in force at 8.6.2020, see reg. 1(1)

ProsecutionsE+W

8.  Proceedings for an offence under these Regulations may be brought by the Crown Prosecution Service and any person designated by the Secretary of State.

Commencement Information

I8Reg. 8 in force at 8.6.2020, see reg. 1(1)

PART 4E+WInformation sharing

Power to use and disclose informationE+W

9.—(1) This regulation applies to a person (“P”) who holds information described in paragraph (2) (“relevant information”), including where P holds that information as a result of disclosure made in accordance with paragraph (4).

(2) The information referred to in paragraph (1) is—

(a)information provided on the Passenger Locator Form, F68...

(b)DA information received for a purpose described in paragraph (4)(a)(i) [F69, or

(c)the result of any test undertaken in accordance with Schedule 2A and any information P obtained under paragraph 4(b) or (c) of that Schedule].

(3) P may only use relevant information where it is necessary—

(a)for the purpose of carrying out a function under these Regulations,

(b)for the purpose of—

(i)preventing danger to public health as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii)monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(iii)giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(4) Subject to paragraph (6), P may only disclose relevant information to another person (the “recipient”) where it is necessary for the recipient to have the information —

(a)for the purpose of carrying out a function of the recipient under—

(i)these Regulations, or

(ii)an enactment which, in Scotland, Wales or Northern Ireland, has the effect of requiring the isolation or quarantine of persons who have been outside the common travel area, for any of the purposes described in sub-paragraph (b),

(b)for the purpose of—

(i)preventing danger to public health as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii)monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(iii)giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(5) Subject to paragraph (7), disclosure which is authorised by this regulation does not breach—

(a)an obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(6) This regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(7) Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.

(8) For the purposes of this regulation—

(a)“data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018 M9,

(b)“DA information” means information provided in accordance with, or as described in, an enactment which, in Scotland, Wales or Northern Ireland, has the effect of requiring the isolation or quarantine of persons who have been outside the common travel area, for any of the purposes described in paragraph (3)(b).

Textual Amendments

Commencement Information

I9Reg. 9 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

Self-incriminationE+W

10.—(1) Information provided by a person in accordance with, or as described in, regulation 3 may be used in evidence against the person, subject to paragraphs (2) to (4).

(2) In criminal proceedings against the person—

(a)no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b)no question relating to the information may be asked by or on behalf of the prosecution.

(3) Paragraph (2) does not apply if the proceedings are for—

(a)an offence under these Regulations, or

(b)an offence under section 5 of the Perjury Act 1911 M10 (false statements made otherwise than on oath).

(4) Paragraph (2) does not apply if, in the proceedings—

(a)evidence relating to the information is adduced by or on behalf of the person who provided it, or

(b)a question relating to the information is asked by or on behalf of that person.

Commencement Information

I10Reg. 10 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M101911 c. 6. Section 5 was amended by section 1(2) of the Criminal Justice Act 1948 (c. 58).

PART 5E+WReview and expiry of Regulations

[F70Review of need for requirementsE+W

11.  The Secretary of State must review the need for the requirements imposed by these Regulations by 27th July 2020 and at least once every 28 days thereafter.]

Textual Amendments

Commencement Information

I11Reg. 11 in force at 8.6.2020, see reg. 1(1)

Expiry of RegulationsE+W

12.—(1) These Regulations expire at the end of the period of 12 months beginning with the day on which they come into force.

(2) The expiry of these Regulations does not affect the validity of anything done pursuant to these Regulations before they expire.

Commencement Information

I12Reg. 12 in force at 8.6.2020, see reg. 1(1)

Matt Hancock

Secretary of State,

Department of Health and Social Care

Yn ôl i’r brig

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