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

[F1 44.— (1) A senior executive. E+W

(2) The circumstances referred to in regulation 4(13)(cg) are—

(a) the senior executive is a returning UK undertaking executive, a multinational undertaking executive or an international undertaking executive and is undertaking activity within the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4 and—

(i) if a returning UK undertaking executive, that executive has a reasonable belief that the activity will more likely than not lead to the creation or continuation of employment for 50 employees or more in the United Kingdom-based undertaking on behalf of which the executive undertook overseas activities,

(ii) if a multinational undertaking executive, that executive has a reasonable belief that the activity will more likely than not lead to the creation or continuation of employment for 50 employees or more in the United Kingdom-based branch or subsidiary of that overseas-based undertaking which that executive is visiting,

(iii) if an international undertaking executive, that executive has a reasonable belief that the activity will deliver significant economic benefit to the United Kingdom,

(b) that activity requires the senior executive’s travel to and physical presence at a particular location and cannot reasonably be undertaken remotely.

(3) For the purposes of this paragraph, it is reasonable to believe that an activity will deliver significant economic benefit to the United Kingdom if it is more likely than not to lead to—

(a) the placing of a contract for the purchase of goods or services from a United Kingdom-based undertaking—

(i) with a value of no less than £100 million, or

(ii) which will more likely than not lead to the creation or continuation of employment of 50 employees or more in that undertaking,

(b) an investment in a United Kingdom-based undertaking which will more likely than not lead to the creation or continuation of employment of 50 employees or more in that United Kingdom-based undertaking, or

(c) establishment of a new business in the United Kingdom which will more likely than not, within the period of 12 months beginning with the date on which the international undertaking executive arrived in the United Kingdom, lead to the creation of employment for 50 employees or more in that new business.

(4) In this paragraph—

“branch” means a place of business that forms a legally dependent part of an undertaking and conducts directly some or all of the operations of that undertaking;

“international undertaking executive” means a senior executive of an overseas-based undertaking who is not a returning UK undertaking executive or a multinational undertaking executive and who has travelled to the United Kingdom for business or investment purposes;

“multinational undertaking executive” means a senior executive of an overseas-based undertaking who has travelled to the United Kingdom to visit a United Kingdom-based branch or subsidiary of that overseas-based undertaking which has 50 employees or more;

“returning UK undertaking executive” means a senior executive of a United Kingdom-based undertaking who has returned to the United Kingdom after undertaking overseas activities solely for the purpose of ongoing business operations that are necessary for that undertaking;

“senior executive” means a director or, in relation to an undertaking which has no board of directors, a member of the equivalent management body responsible for the management of the undertaking concerned;

“undertaking” means—

(a)

a body corporate or partnership, including a body corporate or partnership constituted under the law of a country or territory outside the United Kingdom,

(b)

an unincorporated association carrying on a trade or business,

and whether an undertaking is a subsidiary of another undertaking is to be determined in accordance with section 1162 of the Companies Act 2006;

“United Kingdom-based undertaking” means—

(a)

an undertaking whose principal place of business is in the United Kingdom and which has 50 employees or more, or

(b)

a United Kingdom branch of an overseas-based undertaking which has 50 employees or more in the United Kingdom.]

Textual Amendments

F1 Sch. 2 paras. 43-45 inserted (5.12.2020 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 28) Regulations 2020 (S.I. 2020/1424), regs. 1(1), 2(3)(c)