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

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Point in time view as at 09/04/2021.

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Regulation 2

[F1SCHEDULE A1E+WExempt countries and territories

Textual Amendments

PART 1E+W[F2Countries, territories and parts of countries or territories]

Textual Amendments

  • [F3No countries, territories or parts of countries or territories are specified in this Part]

Textual Amendments

F3Words in Sch. A1 Pt. 1 substituted (18.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/49), regs. 1(3), 2(3)(a) (with reg. 4)

PART 2E+WUnited Kingdom Overseas Territories

  • [F4No territories are specified in this Part]]

Textual Amendments

Regulations 3 and 4

[F5SCHEDULE B1E+WCountries and territories subject to additional measures

Textual Amendments

[F6Angola]

Textual Amendments

[F7Argentina]

Textual Amendments

F8...

Textual Amendments

[F9Bangladesh]

Textual Amendments

[F7Bolivia]

[F7Brazil]

[F6Botswana]

[F10Burundi]

Textual Amendments

[F7Cape Verde]

[F7Chile]

[F7Colombia]

[F11Democratic Republic of the Congo]

Textual Amendments

[F7Ecuador]

[F6Eswatini]

[F12Ethiopia]

Textual Amendments

[F7French Guiana]

[F7Guyana]

[F9Kenya]

[F6Lesotho]

F8...

[F6Malawi]

F8...

[F6Mozambique]

[F6Namibia]

[F13Oman]

Textual Amendments

[F9Pakistan]

[F7Panama]

[F7Paraguay]

[F7Peru]

[F9Philippines]

F8...

[F14Qatar]

Textual Amendments

[F10Rwanda]

[F6Seychelles]

[F15Somalia]

Textual Amendments

South Africa

[F7Suriname]

[F11Tanzania]

[F10United Arab Emirates]

[F7Uruguay]

[F7Venezuela]

[F6Zambia]

[F6Zimbabwe]]

Regulation 4

[F16SCHEDULE B1AE+WAdditional measures

Textual Amendments

Application of this ScheduleE+W

1.  Subject to paragraph 2, this Schedule applies to a person (“P”) who arrives in England from a country or territory listed in Schedule B1 or 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.

2.—(1) This Schedule does not apply where P is—

(a)a person described in paragraph 1(1)(a) to (h) or (k) of Schedule 2 or a member of the family forming part of their household;

(b)a person described in paragraph 1(1)(i) or (j) of Schedule 2 where the conditions in sub-paragraph (2) are met;

(c)a member of the family forming part of the household of a person to whom paragraph (b) applies, where—

(i)the conditions in sub-paragraph (2) are met in relation to the person to whom paragraph (b) applies,

(ii)the Foreign, Commonwealth and Development Office has been notified of P’s arrival, and

(iii)the Foreign Commonwealth and Development Office has confirmed that P is not required to comply with this Schedule;

(d)a person described in paragraph 13(1)(b) or (c) of Schedule 2 where the relevant Department has certified that P meets this description and that P is not required to comply with this Schedule;

(e)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, but for this paragraph, they would have had to self-isolate in accordance with this Schedule, or is returning from conducting such work outside of the United Kingdom, where the relevant Department has certified that P meets this description and that P is not required to comply with this Schedule;

(f)a person who is required to undertake essential or emergency work in the United Kingdom or is returning from conducting such work outside of the United Kingdom, where the relevant Department has certified P’s work as necessary to facilitate essential government work or essential state business and that P is not required to comply with this Schedule;

(g)a person who falls within any of the following paragraphs of Schedule 2—

(i)paragraph 2 (UK border activities)

(ii)paragraph 3 (defence activities)

(iii)paragraph 4 (border security),

[F17(iiia)paragraph 4B (seamen and masters),

(iiib)paragraph 4C (pilots),

(iiic)paragraph 4D (inspectors and surveyors of ships),

(iiid)paragraph 4E (members of aircraft crew),]

(iv)paragraph 5 (transit passengers),

F18(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)paragraph 15 or 16 (extradition escorts).

(2) The conditions specified in this sub-paragraph are that, prior to P’s departure to the United Kingdom—

(a)the relevant head of the mission, consular post, or office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, 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 the [F19foreign country represented by the mission] or consular post, the foreign territory represented by the office or the British overseas territory; and

(b)the Foreign, Commonwealth and Development Office has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that—

(i)it has received that confirmation, and

(ii)P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with this Schedule.

(3) Where a word or expression is defined for the purposes of Schedule 2 and is used in this paragraph, the same definition applies for the purposes of this paragraph.

Textual Amendments

Limitation on ports of entryE+W

3.  P may only enter England at a port designated for the purposes of this Schedule.

4.  The following ports are designated for the purposes of this Schedule—

(a)Heathrow Airport;

(b)Gatwick Airport;

(c)London City Airport;

(d)Birmingham Airport;

(e)Farnborough Airport;

(f)any military airfield or port.

Duties on arrivalE+W

5.  P must, on their arrival in England, be in possession of a managed self-isolation package.

6.  P must, on arrival in England, travel directly to the accommodation designated in the managed self-isolation package booked for P, using the means of transport designated in that package.

7.  If P is not in possession of a managed self-isolation package on their arrival in England, P must as soon as practicable obtain a managed self-isolation package and travel directly to the accommodation designated in that package using the means of transport designated in that package.

8.  In this Schedule a “managed self-isolation package” means—

(a)a booking for a place in accommodation designated by the Secretary of State for the purposes of this Schedule;

(b)a booking for transport facilitated by the Secretary of State to the accommodation referred to in sub-paragraph (a); and

(c)a testing package required by regulation 3B.

Charge for managed self-isolation packageE+W

9.  The Secretary of State or a person designated by the Secretary of State may impose a charge in relation to the accommodation, transport and testing package mentioned in the definition of a “managed self-isolation package” and the Secretary of State may recover any sum owed by P pursuant to such a charge as a debt.

Duty to self-isolate and period of self-isolationE+W

10.  Unless P leaves the common travel area where P is permitted to do so under these Regulations, P must self-isolate in the place in the accommodation designated in the managed self-isolation package until whichever is the later of—

(a)the end of the period of 10 days beginning with the day after P’s arrival in England;

(b)the end of the period for which P is required to self-isolate under Schedule 2C.

Exceptions from duty to self-isolateE+W

11.  Paragraph 10 does not require P to remain in self-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)from any person who is staying in the place where P is self-isolating whose assistance P reasonably requires by reason of—

(i)P being a child, or

(ii)any disability of P’s.

12.  Paragraph 10 does not require P to remain in self-isolation from a person (“V”) when V is at the place where P is self-isolating in exceptional circumstances such as—

(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;

(c)to provide medical assistance to P or to any other person who is staying in the place where P is self-isolating where this is urgently required 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 place of self-isolationE+W

13.—(1) 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 directly to a port to leave the common travel area;

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

(c)to take exercise;

(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 a member of P’s household or 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 and 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 of the place where P is self-isolating in reliance on the grounds mentioned in sub-paragraph (1)(c), (d) or (e)—

(a)if P has been given prior permission by a person authorised by the Secretary of State for this purpose;

(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.

Meaning of “place”E+W

14.  For the purposes of this Schedule the place referred to in paragraphs 8 to 13 means the room in the designated accommodation where P is staying and if connected to the room where P is staying, the room of any person referred to in paragraph 11(a) (travelling companion), including any balcony, and 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.

DesignationsE+W

15.  The Secretary of State must designate for the purposes of this Schedule—

(a)accommodation,

(b)transportation to the designated accommodation,

and must publish details of the designations in such manner as appears to the Secretary of State to be appropriate.

Duties where P is a childE+W

16.  If P is a child—

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

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

Person caring for PE+W

17.  A person may reside in the place where P is residing pursuant to this Schedule to provide assistance P reasonably requires by reason of—

(a)P being a child; or

(b)any disability of P’s,

and paragraphs 10 to 13 apply to that person as they apply to P for the period those paragraphs apply to P.

Modification of application of this Schedule where P is a relevant personE+W

18.—(1) Where P is a relevant person, this Schedule applies to P with the following modifications—

(a)the reference in paragraph 6 to the means of transport designated in the managed self-isolation package booked for P are to be read as references to transport determined by the Secretary of State;

(b)the references in paragraphs 6, 9 and 10 to a managed self-isolation package are to be read as references to a self-isolation package containing such provisions as to accommodation, transport and testing as the Secretary of State considers appropriate;

(c)paragraph 7 does not apply to P.

(2) P is a relevant person if—

(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,

[F20(viia)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 Secretary of State for the purposes of this Schedule,]

(vii)a prisoner,

(viii)a potential victim of modern slavery; and

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

[F21(3) P is also a relevant person if—

(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 England 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 Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

[F22(3A) P is also a relevant person if—

(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 self-isolate in such accommodation;

(c)P has provided evidence from a suitably qualified or registered medical practitioner of the matters specified in paragraphs (a) and (b);

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

(3B) P is also a relevant person if travelling with a person who is a relevant person by virtue of sub-paragraph (3A), where it is necessary for P to care for that relevant person, and where the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(3C) P is also a relevant person if—

(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 self-isolate in designated accommodation;

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

(4) In this paragraph—

(a)“boarding school” means a school or college, which—

(i)provides accommodation for its pupils or, as the case may be, students on its own premises, or

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

(b)“school” means—

(i)an alternative provision academy within the meaning of section 1C of the Academies Act 2010,

(ii)a community, foundation or voluntary school or a community or foundation special school within the meaning of section 20 of the School Standards and Framework Act 1998,

(iii)an independent school (as defined by section 463 of the Education Act 1996) registered under section 95 of the Education and Skills Act 2008,

(iv)a non-maintained special school (as defined in section 337A of the Education Act 1996), or

(v)a pupil referral unit within the meaning of section 19(2B) of the Education Act 1996;

(c)“college” means—

(i)an institution within the further education sector within the meaning of section 91 of the Further and Higher Education Act 1992, or

(ii)a 16 to 19 Academy within the meaning of section 1B of the Academies Act 2010.]]

Textual Amendments

Regulations 4B and 4C

[F23SCHEDULE B2E+WProhibition on arrival of aircraft and vessels

Textual Amendments

1.  The countries and territories referred to in regulation 4B(1) (prohibition on arrival of aircraft into England) are—E+W

  • Argentina

  • F24...

  • Brazil

  • Cape Verde

  • Chile

  • [F25Ethiopia]

  • F24...

  • [F26Oman]

  • F24...

  • [F27Qatar]

  • South Africa

  • [F28United Arab Emirates]

Textual Amendments

[F292.  No countries or territories are listed for the purposes of regulation 4C(1) (prohibition on arrival of vessels into England)]]E+W

Textual Amendments

Regulation 3(1)

SCHEDULE 1E+WPassenger information

1.  Personal details of the passenger—E+W

(a)their full name,

(b)their sex,

(c)their date of birth,

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

(e)their telephone number,

(f)their home address,

(g)their email address.

Commencement Information

I1Sch. 1 para. 1 in force at 8.6.2020, see reg. 1(1)

2.  Journey details of the passenger—E+W

[F30(a)the address or addresses in the United Kingdom at which—

(i)in the case of a person who is required to comply with regulation 4, they intend to self-isolate [F31and including, where regulation 4(1)(d) applies, the booking reference number for the managed self-isolation package booked by or on behalf of P], or

(ii)in the case of any other person, they intend to stay during the period of [F3210] 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) F33...,

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

(d)their [F34seat number],

[F35(da)their coach number,]

(e)the flight number [F36or vessel name],

F37(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(h)the country [F38or territory] they are travelling from,

[F39(hza)the part of that country or territory they are travelling from, if that part—

(i)is specified in Schedule A1, or

(ii)is, where the country or territory itself is specified in that Schedule, expressly excluded in relation to that country or territory,]

[F40(ha)any other country or territory they have departed from or transited through in the period beginning with the [F4110th] day before the date of their arrival in England, and in any such case, the dates of departing from or transiting through any such country or territory,]

[F42(hb)any part of that other country or territory which they have departed from or transited through during that period, including the dates of departure or transit, if that part—

(i)is specified in Schedule A1, or

(ii)is, where the country or territory itself is specified in that Schedule, expressly excluded in relation to that country or territory,]

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

(j)whether they are connecting through the United Kingdom to a destination outside the United Kingdom and, if so—

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

(ii)their final destination country [F43or territory],

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

(iv)[F44the seat number] for their onward journey,

(v)the flight number [F45or vessel name for] their onward journey [F46,

(vi)the coach number for their onward journey].

Textual Amendments

Commencement Information

I2Sch. 1 para. 2 in force at 8.6.2020, see reg. 1(1)

F473.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

4.  Where the passenger is travelling with a child for whom they have responsibility—E+W

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

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

Commencement Information

I3Sch. 1 para. 4 in force at 8.6.2020, see reg. 1(1)

F485.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F496.  Where the passenger is a person required by regulation 4(2) to self-isolate, and intends to undertake a test in accordance with Schedule 2A—E+W

(a)the name of the test provider,

(b)the test reference number provided to them by the test provider in accordance with paragraph 4(d) of that Schedule.]

Textual Amendments

[F507.  Where regulation 3B requires a testing package—E+W

(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 [F5110(5)] of Schedule 2C.]

Textual Amendments

Regulation 3(10) and 4(13)

SCHEDULE 2E+WPersons not required to comply with regulation 3 or 4

PART 1E+WPersons not required to comply with regulation 3 and regulation 4

1.—(1) A person (“P”) who is—E+W

(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,

(l)a member of the family forming part of the household of a person falling within any of paragraphs (a) to (k),

(2) The conditions referred to in regulation 4(13)(a)(i) (persons who are not required to comply with regulation 4) are that—

(a)the relevant head of the mission, consular post, international organisation, or conference, office representing a foreign territory in the United Kingdom or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to [F52the Foreign, Commonwealth and Development Office] that—

(i)P is required to undertake work which is essential to the functioning of the mission, consular post, international organisation, conference, or office, or to undertake work which is essential to the foreign country represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory and

(ii)that work cannot be undertaken whilst P is complying with regulation 4, and

(b)prior to P's arrival in the United Kingdom [F53the Foreign, Commonwealth and Development Office]—

(i)has confirmed in writing to the person giving the confirmation referred to in paragraph (a) that it has received that confirmation, and

(ii)where P is a representative of a foreign country or territory, has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 4.

(3) For the purposes of this paragraph—

(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 a “consular officer”, “consular employee” and “member of the service staff” as defined in Schedule 1 to 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 the “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.

(4) This paragraph is without prejudice to any immunity from jurisdiction or inviolability which is accorded to any person described in sub-paragraph (1) under the law of England and Wales apart from these Regulations.

Textual Amendments

Commencement Information

I4Sch. 2 para. 1 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

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

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

2.—(1) A Crown servant or government contractor where they are—E+W

(a)required to undertake essential government work related to the United Kingdom border in the United Kingdom within [F54the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4], 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 3—

(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 the relevant Department or employer,

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

Textual Amendments

Commencement Information

I5Sch. 2 para. 2 in force at 8.6.2020, see reg. 1(1)

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.—(1) A person who is a Crown servant, a government contractor, or a member of a visiting force, who—E+W

(a)is required to undertake work necessary to the delivery of essential defence activities, F55...

[F56(aa)has travelled from a point of origin within the common travel area or from an exempt country or territory 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 non-exempt country or territory, or]

(b)has undertaken a continuous period of at least [F5710] days [F58ending 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 [F59or by, or in support of, a visiting force] [F60, 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 [F5710] days [F61ending 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,

[F62(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

Commencement Information

I6Sch. 2 para. 3 in force at 8.6.2020, see reg. 1(1)

4.  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—E+W

(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 [F63the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4] and that that work cannot be undertaken whilst the person is complying with regulation 4, or

(b)their deployment is pursuant to a standing bilateral or multilateral agreement with Her Majesty's Government on the operation of the Border controls within the United Kingdom.

Textual Amendments

Commencement Information

I7Sch. 2 para. 4 in force at 8.6.2020, see reg. 1(1)

PART 2E+WPersons not required to comply with regulation 4

[F644A.—(1) A road passenger transport worker.E+W

(2) For the purposes of this paragraph—

(a)“road passenger transport worker” means—

(i)the driver of a public service vehicle, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council, and who is acting in the course of their employment,

(b)“driver” includes a person who is travelling in a vehicle as a relief driver,

(c)“public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 1981.

Textual Amendments

4B.—(1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 1995, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007.E+W

(2) For the purposes of sub-paragraph (1) and paragraph 4C—

(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

4C.  A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom F65... .E+W

Textual Amendments

4D.  An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 [F66, 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.E+W

Textual Amendments

[F674E.—(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.E+W

(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 [F68under Annex III or Annex VI of the Air Operations Regulation], 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)“[F69Air Operations Regulation]” has the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016.]

Textual Amendments

4F.—(1) Any of the following who have travelled to the United Kingdom in the course of their work—E+W

(a)drivers and crew on shuttle services and on services for the carriage of passengers or goods by way of the tunnel system,

(b)other workers carrying out essential roles for the safe or efficient operation of the tunnel system, shuttle services or services for the carriage of passengers or goods by way of the tunnel system, or relating to the security of the tunnel system or any such services.

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

(a)“shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987,

(b)“tunnel system” has the meaning given in section 1(7) of that Act.

Textual Amendments

4G.—(1) The condition mentioned in regulation 3(10)(c) is that the person has on their journey to England travelled only—E+W

(a)on a conveyance which does not carry passengers,

(b)in an area of a conveyance which is not accessible to passengers, or

(c)in an area of a conveyance which is accessible to passengers in vehicles, where passengers remain within their vehicles while the person is present in that area of the conveyance.

(2) For the purposes of this paragraph—

“not accessible to passengers” means separated by a continuous physical barrier which passengers are not permitted to cross;

“passenger” does not include a person of the description in paragraph 4F(1)(b).]

Textual Amendments

5.—(1) A transit passenger.E+W

[F70(2) For the purposes of sub-paragraph (1), “transit passenger” means a person who on arrival in the United Kingdom—

(a)passes through to another country or territory outside the common travel area without entering the United Kingdom; or

(b)enters 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 England, or

(ii)travels directly from their port of entry to another port of departure in England.]

Textual Amendments

Commencement Information

I8Sch. 2 para. 5 in force at 8.6.2020, see reg. 1(1)

6.—(1) A road haulage worker F71....E+W

(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 section 192 of the Road Traffic Act 1988 M4,

(c)“road haulage worker” means—

(i)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

(ii)a person who is 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 M5, and who is acting in the course of their employment,

F72(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I9Sch. 2 para. 6 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M41988 c. 52. There are amendments to section 192 but none is relevant.

M5OJ No. L 300, 14.11.2009, p. 72.

F737.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F748.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F759.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F7610.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

11.  Civil aviation inspectors, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7th December 1944 M6, where they have travelled to the United Kingdom when engaged on inspection duties.E+W

Commencement Information

I10Sch. 2 para. 11 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M6The 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 978-92-9258-301-9).

12.—(1) Any of the following who have travelled to the United Kingdom in the course of their work—E+W

F77(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)operational, rail maintenance, safety and security workers working on the tunnel system,

F78(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F79(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“tunnel system” has the meaning given in section 1(7) of [F80the Channel Tunnel Act 1987].

Textual Amendments

Commencement Information

I11Sch. 2 para. 12 in force at 8.6.2020, see reg. 1(1)

[F8113.—(1) Any person who the relevant Department has certified as meeting the description in sub-paragraph (a), (b) or (c)—E+W

(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 self-isolate in accordance with regulation 4,

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

(c)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 the relevant 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 paragraph 2 of Part 1 of this Schedule,

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

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

Textual Amendments

13A.—(1) A person returning from undertaking essential or emergency work outside of the United Kingdom, which has been certified by the relevant Department as necessary to facilitate essential government work or essential state business.E+W

(2) For the purposes of sub-paragraph (1) “essential government work” and “essential state business” have the same meaning as in paragraph 13.]

Textual Amendments

14.  A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 1984 M7.E+W

Commencement Information

I12Sch. 2 para. 14 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

15.  A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003 M8 or sought for extradition pursuant to any other extradition arrangements.E+W

Commencement Information

I13Sch. 2 para. 15 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

16.  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.E+W

Commencement Information

I14Sch. 2 para. 16 in force at 8.6.2020, see reg. 1(1)

17.—(1) Workers engaged in essential or emergency works—E+W

(a)related to water supplies and sewerage services, and

(b)carried out by, for, or on behalf of a water undertaker, sewerage undertaker, water supply licensee, sewerage licensee or local authority,

where they have travelled to the United Kingdom in the course of their work.

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

(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 (England) Regulations 2016 M9, the Water Supply (Water Quality) Regulations 2016 M10, the Private Water Supplies (Wales) Regulations 2017 M11, or the Water Supply (Water Quality) Regulations 2018 M12,

(b)“sewerage licensee” [F82means the holder of a sewerage licence under section 17BA] of the Water Industry Act 1991 M13,

(c)“sewerage services” has the meaning given in section 219(1) of the Water Industry Act 1991 M14,

(d)“water supply licensee” has the meaning given in sections 17A(7) and 219(1) of the Water Industry Act 1991 M15.

Textual Amendments

Commencement Information

I15Sch. 2 para. 17 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M9S.I. 2016/618; relevant amending instruments are S.I. 2017/506, 2018/707 and 2019/558.

M10S.I. 2016/614; relevant amending instruments are S.I. 2017/506, 2018/706 and 378, 2019/526 and 558.

M11S.I. 2017/1041 (W. 270), as amended by S.I. 2018/647 (W. 121), S.I. 2019/460 (W. 110) and S.I. 2019/463 (W. 111).

M12S.I. 2018/647 (W. 121), as amended by S.I. 2019/463 (W. 111).

M131991 c. 56. Section 17BA(6) was inserted by section 4(1) of the Water Act 2014 (c. 21). The reference to “sewerage licensee” was inserted in section 219(1) by paragraph 120(2)(f) of Schedule 7 to the Water Act 2014.

M14The definition of “sewerage services” was amended by paragraph 120 of Schedule 7 to the Water Act 2014.

M15Section 17A was inserted by section 1 of the Water Act 2014.

[F8317A.—(1) Workers engaged in essential or emergency works relating to flood and coastal erosion risk management on behalf of—E+W

(a)the Environment Agency, or

(b)a lead local flood authority in England.

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

(a)“flood” and “coastal erosion” have the meanings given in section 1 of the Flood and Water Management Act 2010 F84,

(b)“lead local flood authority” has the meaning given in section 6(7) of that Act,

(c)“risk management” has the meaning given in section 3 of that Act F85.]

Textual Amendments

F85And see section 2 of the Flood and Water Management Act 2010 for the meaning of “risk”

18.—(1) Workers engaged in essential or emergency works—E+W

(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 M16,

(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 section 7 and 7ZA of the Gas Act 1986 M17,

(v)a LNG import or export facility as defined in section 48 of the Gas Act 1986 M18, or

(vi)a person holding a network licence under section 8 of the Railways Act 1993,

where they have travelled to the United Kingdom for the purposes of their work.

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

(a)“distribution licence” means a licence granted under section 6(1)(c) of the Electricity Act 1989 M19,

(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 Great Britain,

(d)“network”, in sub-paragraph (1)(a)(v) and (vi), has the meaning given in section 83(1) of the Railways Act 1993 M20

(e)“transmission licence” means a licence granted under section 6(1)(b) of the Electricity Act 1989,

(f)“electricity interconnector”, “generating station” and “transmission system” have the meanings given in section 64(1) of the Electricity Act 1989 M21.

Commencement Information

I16Sch. 2 para. 18 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M16S.I. 2014/3120. There are no relevant amending instruments.

M171986 c. 44. Section 7ZA was inserted by section 149(6) of the Energy Act 2004.

M18The definition was inserted by S.I. 2011/2704.

M201993 c. 43. There are amendments to section 83(1) but none is relevant.

M21The definition of “electricity interconnector” was inserted by section 147(7) of the Energy Act 2004. The definition of “transmission system” was substituted by paragraph 15 of Schedule 19 to the 2004 Act.

19.—(1) A person who is—E+W

(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,

(c)an agency inspector, or

(d)a Euratom inspector, provided that they arrive in the United Kingdom before IP completion day,

where they have travelled to the United Kingdom in the course of their work.

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

(a)“agency inspector” has the meaning given in section 1(1) of the Nuclear Safeguards Act 2000 M22,

(b)“nuclear emergency responder” means a 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)“Euratom inspector” means an inspector sent to the United Kingdom by the Commission of the European Union in accordance with Articles 81 and 82 of the Euratom Treaty,

(d)“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,

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

Commencement Information

I17Sch. 2 para. 19 in force at 8.6.2020, see reg. 1(1)

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”.

20.  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.E+W

Commencement Information

I18Sch. 2 para. 20 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

21.—(1) A person who is—E+W

(a)carrying out a critical function at a space site or spacecraft controller who is responsible for command and control of a launch vehicle or spacecraft for nominal operations, collision avoidance or anomalies, or

(b)employed by, or contracted to provide services to, a person who operates or maintains space situational awareness capabilities,

where they have travelled to the United Kingdom in the course of their work.

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

(a)“space site” has the meaning given in paragraph 5(3) of Schedule 4 to the Space Industry Act 2018 M26,

(b)“space situational awareness capabilities” means the sensors, systems and analytical services needed to provide time-sensitive warnings of space weather events, orbital collisions, orbital fragmentations or the re-entry of man-made objects from orbit,

(c)“spacecraft” has the meaning given in section 2(6) of the Space Industry Act 2018,

(d)“spacecraft controller” means a person competent, authorised and responsible for maintaining safe and secure operation of spacecraft through monitoring the status of a spacecraft, issuing manoeuvre commands or controlling other aspects of the spacecraft that influence its behaviour including its motion in space.

Commencement Information

I19Sch. 2 para. 21 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

22.—(1) A specialist aerospace engineer, or a specialist aerospace worker, where they have travelled to the United Kingdom in the course of their work.E+W

(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 M27.

Commencement Information

I20Sch. 2 para. 22 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M27The 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.—(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 —E+W

(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.

Commencement Information

I21Sch. 2 para. 23 in force at 8.6.2020, see reg. 1(1)

24.—(1) A worker F86... required [F87to undertake or commence within [F88the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4]]—E+W

(a)activities on or in relation to [F89an offshore installation],

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

(c)critical safety work on [F90an offshore installation or well being decommissioned or] 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) [F91,

where they have travelled to the United Kingdom in the course of their work].

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

(a)“offshore [F92installation]” has the meaning given in section 44 of the Petroleum Act 1998 M28,

(b)“upstream petroleum infrastructure” has the meaning given in section 9H of the Petroleum Act 1998 M29,

(c)“[F93well]” has the meaning given in section 45A(10) of the Petroleum Act 1998 M30.

Textual Amendments

Commencement Information

I22Sch. 2 para. 24 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M281998 c. 17. Section 44 was amended by paragraph 11 of Schedule 1 to the Energy Act 2008 (32).

M29Section 9H was substituted by section 74(2) of the Energy Act 2016 (c. 20).

M30Section 45A was inserted by section 75(1) of the Energy Act 2008. There are amendments to section 45A(10) but none is relevant.

25.  A postal operator, as defined in section 27(3) of the Postal Services Act 2011 M31, where they have travelled to the United Kingdom in the course of their work.E+W

Commencement Information

I23Sch. 2 para. 25 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

26.  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.E+W

Commencement Information

I24Sch. 2 para. 26 in force at 8.6.2020, see reg. 1(1)

27.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works [F94(including construction, commissioning, installation,] 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.E+W

Textual Amendments

Commencement Information

I25Sch. 2 para. 27 in force at 8.6.2020, see reg. 1(1)

28.—(1) Any of the following—E+W

(a)a person (“P”) who—

(i)before travelling to the United Kingdom has made arrangements with a provider in the United Kingdom to receive healthcare (or, where P is a child, on whose behalf such arrangements have been made),

(ii)is in possession of written confirmation of the arrangements from the provider,

(iii)has travelled to the United Kingdom to receive that healthcare, and

(iv)is attending a place to receive that healthcare or is travelling directly between that place and the place where they are self-isolating,

(b)a person who—

(i)is accompanying P for the purpose of providing necessary care or support to P in the circumstances referred to in sub-paragraph (1)(a)(iv), or

(ii)is travelling, for the purpose of so accompanying P, directly between the place where they are self-isolating and either of the places referred to in sub-paragraph (1)(a)(iv),

where that person has travelled to the United Kingdom for that purpose and is in possession of the confirmation referred to in sub-paragraph (1)(a)(ii) or a copy of it,

(c)an accompanying child who is accompanying P or, where P is a child, is accompanying a person referred to in sub-paragraph (1)(b),

(d)a live donor who is attending a place for the purpose referred to in the definition of “live donor” or is travelling directly between that place and the place where they are self-isolating.

(2) For the purposes of this paragraph—

(a)“accompanying child”, in relation to P, means a child who has arrived in England with P and for whom P has responsibility, or where P is a child, a child who has arrived in England with the person referred to in sub-paragraph (1)(b) and for whom that person has responsibility,

(b)“healthcare” means all forms of healthcare provided for individuals, whether relating to mental or physical health, including healthcare in connection with giving birth,

(c)“live donor” means a person who—

(i)has travelled to the United Kingdom for the purpose of donation of material which consists of or includes their human cells pursuant to arrangements made with a provider in the United Kingdom before travelling to the United Kingdom, and which are to be used by the provider for the purpose of providing healthcare, and

(ii)is in possession of written confirmation of the arrangements from the provider,

(d)“provider” means a provider of healthcare,

(e)references to a place where a person is self-isolating are to a place where they are required to self-isolate, or permitted to be at, by virtue of regulation 4.

Commencement Information

I26Sch. 2 para. 28 in force at 8.6.2020, see reg. 1(1)

F9528A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

29.—[F96(1) A person who has travelled to the United Kingdom for the purpose of transporting material which consists of, or includes, human cells or blood and which is to be used for the provision of healthcare by a provider.]E+W

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

(a)“blood” includes blood components,

(b)“healthcare” and “provider” have the meanings given in paragraph 28(2).

Textual Amendments

Commencement Information

I27Sch. 2 para. 29 in force at 8.6.2020, see reg. 1(1)

F9730.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

31.  A person who is an “inspector” within the meaning given in regulation 8(1) of the Human Medicines Regulations 2012 M32 [F98, 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 their role as such a person.E+W

Textual Amendments

Commencement Information

I28Sch. 2 para. 31 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

32.—(1) A person who—E+W

(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 M33,

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

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

Commencement Information

I29Sch. 2 para. 32 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M33S.I. 2004/1031, to which there are amendments not relevant to these Regulations.

33.  A person who has travelled to the United Kingdom to conduct a “clinical investigation” within the meaning of the Medical Devices Regulations 2002 M34, or to undertake such activities as are necessary or expedient to prepare for the conduct of a clinical investigation or carry out any other necessary compliance activity in relation to a clinical investigation that cannot be conducted remotely.E+W

Commencement Information

I30Sch. 2 para. 33 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

34.—(1) A person who is—E+W

(a)a “qualified person” within the meaning of regulation 41(2) of the Human Medicines Regulations 2012 M35,

(b)a “responsible person” within the meaning of regulation 45(1) of those Regulations, F99...

(c)“an appropriately qualified person responsible for pharmacovigilance” within the meaning of regulation 182(2)(a) of those Regulations, [F100or]

[F101(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.

Textual Amendments

Commencement Information

I31Sch. 2 para. 34 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

35.—(1) A person who has travelled to the United Kingdom for the purposes of their work in essential infrastructure industries including—E+W

(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 or 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 M36.

Commencement Information

I32Sch. 2 para. 35 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

36.  A person who is engaged in urgent or essential work—E+W

(a)that is necessary for the continued operation of—

(i)electronic communications networks and services as defined in section 32 of the Communications Act 2003M37 F102..., 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.

Textual Amendments

Commencement Information

I33Sch. 2 para. 36 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M372003 c. 21. The definition of “electronic communications network” was amended by S.I. 2011/1210.

[F10336A.  A person—E+W

(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.]

Textual Amendments

[F10437.—(1) A person ordinarily resident in the United Kingdom and who pursues a work-related activity in another country to which they usually travel at least once a week which is certified by their employer, or in the case of a self-employed person certified by them, as being—E+W

(a)an activity that cannot be done remotely; and

(b)critical.

(2) For the purposes of sub-paragraph (1), an activity is critical if—

(a)it would be defined as critical, or equivalent terminology, in legislation or guidance in use in that country; or

(b)if the country has no such definition, if they are pursuing an activity which would fall under one of the other paragraphs in this Schedule if it were carried out in the United Kingdom.]

Textual Amendments

38.—(1) A person who has an offer of employment for seasonal work to carry out specified activities in edible horticulture on a specified farm.E+W

(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 employers 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.

Commencement Information

I34Sch. 2 para. 38 in force at 8.6.2020, see reg. 1(1)

[F10539.—[F106(1) A domestic elite sportsperson, an international elite sportsperson, a domestic ancillary sportsperson or an international ancillary sportsperson.]E+W

(2) For the purposes of this paragraph—

“domestic ancillary sportsperson” means an individual essential to—

(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 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;

“domestic elite sportsperson” means an individual who—

(a)

[F107derives a living from competing in a sport or is—

(i)

a senior representative nominated by a relevant sporting body,

(ii)

a member of the senior training squad for a relevant sporting body, or

(iii)

aged 16 or above and on an elite development pathway,]

(b)

is in England, after departing from or transiting through a non-exempt country or territory, and

(c)

either—

(i)

[F108has departed from or transited through the non-exempt country or territory in order to compete in an elite sports event, or to participate in training for an Olympic or Paralympic event, and has returned to England with the intention of continuing activities as a sportsperson, or]

(ii)

is a United Kingdom sportsperson who is not habitually resident in the United Kingdom and has travelled to England in order to participate in training for or to compete in an elite sports event;

“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 represent—

(i)

Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii)

England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

“international ancillary sportsperson” means an individual essential to—

(a)

the running of a specified competition including—

(i)

operational staff essential to the running of that specified competition,

(ii)

competition officials and referees,

(iii)

broadcast staff and journalists covering that specified competition, or

(b)

the support of an international elite sportsperson, including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual 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;

“international elite sportsperson” means an individual who travels to England in order to participate in a specified competition after departing from or transiting through a non-exempt country or territory at any time in the period beginning with the [F10910th] day before the date of their arrival in England and who—

(a)

derives a living from competing in a sport,

(b)

is a senior representative nominated by a relevant sporting body,

(c)

is a member of the senior training squad for a relevant sporting body, or

(d)

is aged 16 or above and on an elite development pathway;

F110...

F111...

“specified competition” means a competition specified in Schedule 3.

(3) For the purposes of F112... paragraph (2)—

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

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

(ii)to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham;

[F113(aa)“Olympic or Paralympic event” means a specified competition or other sporting event in which the participants compete to qualify for the right to represent Great Britain and Northern Ireland at the Tokyo Olympic or Paralympic Games;]

(b)“relevant sporting body” in relation to a sportsperson means the national governing body of a sport which may nominate sportspersons to represent—

(i)that sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii)that sportsperson’s nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

(c)“senior representative” in relation to a sportsperson means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(i)that sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games; or

(ii)that sportsperson’s nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.

(4) The conditions referred to in regulation 4(13)(ca) are—

F114(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F115(zb)where P is a domestic elite sportsperson of a kind described in paragraph (c)(i) of the definition of that expression in sub-paragraph (2)—

(i)P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as a domestic elite sportsperson returning to England from competing in an elite sports event or participating in training for an Olympic or Paralympic event,

(ii)P travels directly to, and remains in any place where P is self-isolating, apart from when P is travelling to or from, or attending the location of, an elite sports event in which they are competing or training for an elite sports event, or travelling between different locations where such an elite sports event or training for an elite sports event is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with any other domestic elite sportspersons or international elite sportspersons who are competing in or training for that elite sports event or with domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event,

(zc)where P is a domestic elite sportsperson of a kind described in paragraph (c)(ii) of the definition of that expression in sub-paragraph (2)—

(i)P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as a domestic elite sportsperson who has travelled to England to participate in training for or to compete in an elite sports event,

(ii)P travels directly to, and remains in any place where P is self-isolating, apart from when P is travelling to or from, or attending the location of an elite sports event in which they are competing or training for an elite sports event, or travelling between different locations where such an elite sports event or training for an elite sports event is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with any other domestic elite sportspersons or international elite sportspersons who are competing in or training for that elite sports event or with domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event,

(zd)where P is a domestic ancillary sportsperson—

(i)P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as a domestic ancillary sportsperson returning to England having been involved in the running of an elite sports event or the support of a domestic elite sportsperson,

(ii)P travels directly to, and remains in any place where P is self-isolating, apart from when P—

(aa)is travelling to or from, or attending the location of, any place in which P’s presence is essential to the running of an elite sports event,

(bb)is travelling to or from, or attending the location of, any place in which P provides essential support to a domestic elite sportsperson who is competing in or training for an elite sports event,

(cc)is travelling between different locations where any activity described in paragraph (aa) or (bb) is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with domestic elite sportspersons or international elite sportspersons who are competing in or training for that elite sports event or with domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event,]

(a)where P is an international elite sportsperson—

(i)P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as an international elite sportsperson attending a specified competition,

(ii)P travels directly to, and remains in any place where P is self-isolating, apart from when P is travelling to or from, or attending the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified competition is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with any other international elite sportspersons or domestic elite sportspersons who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition, and

(b)where P is an international ancillary sportsperson—

(i)P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as an international ancillary sportsperson attending a specified competition,

(ii)P travels directly to and remains in the place where P will be self-isolating apart from when P is travelling to or from, or attending the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified competition is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with international elite sportspersons or domestic elite sportspersons who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition.

Textual Amendments

40.  F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]E+W

Textual Amendments

F11740A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F11841.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F11942.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F12043.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F12144.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F12245.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F12346.—(1) A person who has travelled to the United Kingdom for the purposes of essential work carried out for or on behalf of the nominated undertaker.E+W

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

(a)“essential work” means work which has been designated as such by the Secretary of State for Transport and includes, in particular, work done or required for Phase One purposes as defined in section 67 of the High Speed Rail (London-West Midlands) Act 2017,

(b)“nominated undertaker” is the person appointed by article 2(1) of the High Speed Rail (London-West Midlands) (Nomination) Order 2017.]

Textual Amendments

Regulation 4(8A), (9) and (13A)

[F124SCHEDULE 2AE+W [F125[F126Optional testing] after arrival in England]

Textual Amendments

Application of this ScheduleE+W

1.  A person who is required by regulation 4(2) to self-isolate [F127other than in accordance with Schedule B1A] (“P”) may undertake an appropriate test in the circumstances described in paragraph 4 for the purposes of determining whether they may cease self-isolating (as provided for in regulation 4(13A)).

Textual Amendments

Appropriate testsE+W

2.—(1) A test is an “appropriate test” where—

(a)it is a test for the detection of coronavirus,

(b)the manufacturer of any device used for the purposes of the test states that the device has—

[F128(i)a sensitivity greater than 95% (with 95% two-sided confidence interval entirely above 90%);]

[F129(ii)a specificity greater than 95% (with 95% two-sided confidence interval entirely above 90%);] F130...

(iii)a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, [F131and]

[F132(iv)uses an established molecular detection method,]

(c)any device used for the purposes of the test—

(i)can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations,

(ii)has been validated no more than 18 months before the test is administered or provided to P,

F133(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(e)the test provider complies with paragraph 3.

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

F134(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F136(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)“validated”, in relation to a device, means confirmed as having [F137the required sensitivity and specificity using at least 150 positive clinical samples and 250 negative clinical samples against a laboratory-based RT-PCR test that is itself within the performance specification of the target product profile published by the Medicines and Healthcare Products Regulatory Agency for laboratory based SARS-CoV-2 PCR tests], by—

(i)the Secretary of State,

(ii)the National Institute for Health and Care ExcellenceF138, or

(iii)a laboratory which is accredited by the United Kingdom Accreditation ServiceF139 (“UKAS”) to ISO standard 15189 or ISO/IEC standard 17025F140, other than a laboratory which processes tests provided by the test provider for the purposes of this Schedule or is owned by the test provider [F141or the device manufacturer].

Textual Amendments

F138A body corporate established under section 232 of the Health and Social Care Act 2012 (c. 7).

F139The United Kingdom Accreditation Service is a company limited by guarantee incorporated in England and Wales under number 3076190.

F140ISO standards are published in Geneva by the International Organisation for Standardisation, and are available on their website (www.iso.org) or at ISO Central Secretariat, International Organization for Standardization (ISO), 1 rue de Varembé, Case postale 56, CH-1211, Geneva 20, Switzerland. ISO/IEC 17025 General requirements for the competence of testing and calibration laboratories was published in November 2017.

Test providersE+W

3.—(1) A test provider complies with this paragraph where—

(a)they provide appropriate tests in a single end-to-end testing service (whether or not they arrange with another person (“X”) for X to provide one or more elements of the service on their behalf),

(b)they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/PrivateSectorSelfDeclaration,

(c)in relation to a test which requires laboratory processing—

(i)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189F142 or ISO/IEC standard 17025F140, in respect of the taking of samples, and

(ii)the laboratory used by the test provider for the processing of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025F140, in respect of the processing of samples,

(d)in relation to a point of care test, they meet the relevant requirements for accreditation to ISO standard 15189F143 and ISO standard 22870F144,

(e)a registered medical practitioner has oversight and approval of medical practices undertaken by the test provider, and responsibility for reporting medical issues,

(f)they have an effective system of clinical governance in place which includes appropriate standard operating procedures in relation to the carrying out of appropriate tests,

(g)a registered clinical scientist has oversight of clinical practices undertaken by the test provider, and responsibility for reporting clinical issues,

(h)they have systems in place to identify any adverse incidents or quality control issues in relation to appropriate tests and be able to report them as soon as reasonably practicable to the Secretary of State,

(i)they administer or provide an appropriate test to P, no earlier than the end of the fourth day after the day on which P last departed from or transited through a non-exempt country or territory, having received the information required by paragraph 4(b) and (c) (as appropriate), and

(j)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with any of paragraphs (c) to (i) and 5(2), (3) and (5) as is relevant to the carrying out of that element.

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

(a)“point of care test” means a test processed outside a laboratory environment,

(b)“registered clinical scientist” means a person registered as a clinical scientist with the Health and Care Professions Council pursuant to article 5 of the Health Professions Order 2001,

(c)“single end-to-end testing service” means a service which comprises accepting the booking from the person to be tested, collecting and processing the sample to be tested, and providing the test result to P.

(3) For the purposes of sub-paragraph (1)(c) and (d), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where that person, or in the case of a laboratory where the person who is the operator of the laboratory—

(a)has made a valid application for accreditation to UKAS (“stage one”), and

(b)complies with the requirements of sub-paragraph (4) where relevant.

(4) The requirements of this sub-paragraph are that—

(a)in the case of a person who completed stage one—

(i)before 15th December 2020 and who is carrying out a test after 18th January 2021,

(ii)on or after 15th December 2020 and who is carrying out a test after whichever is the later of—

(aa)18th January 2021, and

(bb)the date four weeks after the date on which they completed stage one,

they have complied with the requirements published by UKAS in relation to accreditation to that standard at http://www.ukas.com/C19-Stage2-UKAS-Appraisal (“stage two”),

(b)in the case of a person who completed stage two—

(i)on or before 18th January 2021 and who is carrying out a test on or after 1st July 2021,

(ii)after 18th January 2021 and who is carrying out a test on or after whichever is the later of—

(aa)1st July 2021, and

(bb)the date four months after the date on which they completed stage two,

they are accredited by UKAS to that standard.

Textual Amendments

F140ISO standards are published in Geneva by the International Organisation for Standardisation, and are available on their website (www.iso.org) or at ISO Central Secretariat, International Organization for Standardization (ISO), 1 rue de Varembé, Case postale 56, CH-1211, Geneva 20, Switzerland. ISO/IEC 17025 General requirements for the competence of testing and calibration laboratories was published in November 2017.

F142ISO standards are published in Geneva by the International Organisation for Standardisation, and are available on their website (www.iso.org) or at ISO Central Secretariat, International Organization for Standardization (ISO), 1 rue de Varembé, Case postale 56, CH-1211, Geneva 20, Switzerland. ISO 15189 Medical Laboratories requirements for quality and competence was published in November 2012.

F143ISO 15189 Medical Laboratories requirements for quality and competence was published in November 2012.

F144ISO 22870 Point-of-care testing (POCT) requirements for quality and competence was published in November 2016.

Required circumstances for undertaking testingE+W

4.  The circumstances mentioned in paragraph 1 are that—

(a)P undertakes the test on or after the fifth day after the day on which P [F145arrived in England],

(b)subject to paragraphs (c) and (d), at the time the test is booked P notifies the test provider that P wishes to undertake the test for the purposes of determining whether they may cease self-isolating under these Regulations, and provides the test provider with—

(i)their full name,

(ii)their sex,

(iii)their date of birth,

(iv)their NHS number (if known and applicable),

(v)their ethnicity,

(vi)their home address, and the address or addresses at which they intend to self-isolate in accordance with regulation 4 while in England (if different),

(vii)the date of their arrival in the United Kingdom,

(viii)their coach number, flight number or vessel name (as appropriate),

(ix)the date on which they last departed from or transited through a non-exempt country or territory,

(x)the country or territory they were travelling from when they arrived in the United Kingdom, and any country or territory they transited through as part of that journey,

(xi)their email address,

(xii)their telephone number,

(xiii)their passport number, or travel document reference number (as appropriate),

(c)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 paragraph (b) to the test provider—

(i)the notification and information set out in paragraph (b), other than in paragraph (b)(xi) and (xii), is provided to the test provider on P’s behalf by another person (“X”), and

(ii)either the information set out in paragraph (b)(xi) and (xii) is provided by X to the test provider or, where appropriate, X provides their own telephone number and email address to the test provider,

(d)at the time the test is booked [F146and payment made] the test provider gives P a test reference number [F147in the format specified in sub-paragraph (e)] and, where appropriate, also provides that test reference number to X.

[F148(e)a test reference number must consist of 12 characters comprising 5 letters followed by 7 digits.]

Textual Amendments

Notification of test resultsE+W

5.—(1) Sub-paragraphs (2) to (6) apply to a test provider who administers or provides an appropriate test to P in the circumstances described in paragraph 4.

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

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

(b)make P’s test result available to P, or to X where paragraph 4(c) applies, via a secure web portal,

in accordance with sub-paragraph (3).

(3) The notification of P’s test 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 test result

Your coronavirus test result is negative. You did not have the virus when the test was done. If you are self-isolating as an international arrival you may stop self-isolating.

You should self-isolate if:

  • you get symptoms of coronavirus (you should get an NHS coronavirus test and self-isolate until you get the results)

  • you are going into hospital (self-isolating until the date you go in)

  • someone you live with tests positive

  • you have been traced as a contact of someone who tested positive

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’.

It is a legal requirement to self-isolate when you arrive in the UK from a non-exempt country, territory or region. If you are contacted by the enforcement authorities or the police after you have received this negative result please show them this notification.

Form B: positive test result

Your coronavirus test result is positive. You had the virus when the test was done.

If you have not had symptoms of coronavirus, you must self-isolate for 10 days from [F149the day after your test date]. If you have symptoms of coronavirus, you must self-isolate for 10 days from the day your symptoms started, if earlier than when you took your test.

People you live with or are travelling with should also self-isolate for 10 days from [F150the day after you] took the test.

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 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, by law, continue self-isolating for the remainder of your self-isolation period as an international arrival travelling to the UK from a non-exempt country, territory or region. You may be contacted to check that you are self-isolating.

If you want to shorten your self-isolation period you will need to take another test for international arrivals. For more information, go to https://www.gov.uk/guidance/coronavirus-covid-19-test-to-release-for-international-travel.

(4) The test provider must, on request, provide a constable or any other person employed in or for the purposes of any police force, with—

(a)P’s passport number, or travel document reference number (as appropriate),

(b)P’s test result,

(c)the date on which P undertook the test,

(d)the date on which the test result was notified or made available to P or X in accordance with sub-paragraphs (2) and (3).

(5) Where—

(a)regulation 4 or 4A of the Health Protection (Notification) Regulations 2010 applies in relation to the test provider, or

(b)if the test provider arranges with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, either of those regulations applies to X in the carrying out of that element,

the regulation applies as if it required the information described in sub-paragraph (6) to be included in the notification to Public Health England.

(6) The information mentioned in sub-paragraph (5) is—

(a)the date on which P last departed from or transited through a non-exempt country or territory,

(b)P’s coach number, flight number or vessel name (as appropriate),

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

(d)the date on which P undertook the appropriate test.]

[F151(e)the fact that the test is an appropriate test for the purposes of this Schedule.]

Textual Amendments

Regulation 3A

[F152SCHEDULE 2BE+WTesting before arrival in England

Textual Amendments

1.  A test complies with this paragraph if—E+W

(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 Services (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 England 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 vessel or aircraft on which that person is travelling to England.

2.  Notification of a negative test result must include, in English, French or Spanish, the following information—E+W

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

(b)that person’s date of birth or age,

(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,

[F153(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.]

Textual Amendments

3.—(1) The persons referred to in regulation 3A(5)(c) (and not required to comply with that regulation) are—E+W

(a)a person (“P”) described in—

(i)paragraph 13(1)(b) of Schedule 2 where, prior to P’s departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with regulation 3A, or

(ii)paragraph 13A of Schedule 2 where, prior to P’s departure to the United Kingdom, the relevant Department has also certified that they are not required to comply with regulation 3A,

(b)a crown servant or government contractor (“C”) who is required to undertake essential policing or essential government work in the United Kingdom or is returning from conducting such work outside the United Kingdom where, prior to C’s departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with regulation 3A,

(c)a representative (“R”) of a foreign country or territory, or of the government of a British overseas territory, travelling to the United Kingdom to conduct official business with the United Kingdom where, prior to R’s departure to the United Kingdom—

(i)the relevant head of the mission, consular post, or office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign Commonwealth and Development Office that R is required to undertake work which is essential to the foreign country represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory, and

(ii)the Foreign Commonwealth and Development Office has then confirmed in writing to the person giving the notification in sub-paragraph (i) that—

(aa)it has received that confirmation, and

(bb)R is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 3A,

(d)a worker with specialist technical skills, where those specialist technical skills are required for 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 or services, where they have travelled to the United Kingdom in the course of their work or otherwise to commence or resume their work ,

F154(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In sub-paragraph (1)—

“consular post” has the meaning given in paragraph 1(3) of Schedule 2;

“crown servant”, “essential government work”, “essential policing” and “government contractor” have the meaning given in paragraph 13(2) of Schedule 2.]

Textual Amendments

Regulation 3B(9)

[F155SCHEDULE 2CE+WMandatory testing after arrival in England

Textual Amendments

Interpretation of Schedule 2CE+W

1.—(1) In this Schedule—

(a)“default self-isolation period” means—

(i)in the case of a non-Schedule B1A arrival, the period specified in paragraph (7)(a) of regulation 4 (requirement to self-isolate);

(ii)in the case of a Schedule B1A arrival, the period specified in paragraph 10(a) of Schedule B1A;

(b)“mandatory test” means a day 2 test or a day 8 test within the meaning of regulation 3B(11);

(c)“non-Schedule B1A arrival” means a person to whom paragraph (1)(a) or (b) of regulation 4 applies;

(d)“P” means F156... a person required to undertake a mandatory test under regulation 3B (requirement to book and undertake tests);

(e)“private provider” means a test provider other than a public provider;

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

(g)“relevant self-isolation provisions” means—

(i)in relation to a Schedule B1A arrival, regulation 4 and Schedule B1A;

(ii)in relation to a non-Schedule B1A arrival, regulation 4;

(h)“Schedule B1A arrival” means a person to whom Schedule B1A (additional measures) applies;

(i)“the Self-Isolation Regulations” means the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020.

(2) Where this Schedule requires P to continue to self-isolate in accordance with the relevant self-isolation provisions—

(a)regulation 6 (offences and penalties) applies in relation to that requirement as it applies in relation to the relevant self-isolation provisions;

(b)such a requirement to self-isolate does not apply in respect of a person exempt from regulation 4.

Textual Amendments

Requirement to self-isolate on failure to undertake a mandatory testE+W

2.—(1) [F157Sub-paragraph (2)] applies where—

(a)either—

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

(ii)P’s day 2 test generates a negative or inconclusive result, and

(b)P fails to undertake a day 8 test.

(2) Subject to sub-paragraph (3), [F158unless P is a person of the description in regulation 3AA(1)(b), (c) or (d),] P must continue to self-isolate in accordance with the relevant self-isolation provisions until the end of the 14th day after the day on which they arrived in England.

[F159(2A) Sub-paragraph 2B applies where P is a person of the description in regulation 3AA(1)(b), (c) or (d) and P fails to undertake a day 2 test.

(2B) P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations as if P had been notified under regulation 2A(1)(a) of those Regulations, on the date that P should have undertaken the day 2 test, that P had tested positive, until the earlier of —

(a)the end of the 14th day after the day P arrived in England; or

(b)the time that P is notified of the result of a test meeting the requirements of a day 2 test save as to the time at which that test is to be undertaken, that P has undertaken.

(2C) Sub-paragraph (2D) applies where P is a person of the description in regulation 3AA(1)(b), (c) or (d) and P fails to undertake a day 8 test.

(2D) P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations as if P had been notified under regulation 2A(1)(a) of those Regulations, on the date that P should have undertaken the day 8 test, that P had tested positive, until the earlier of—

(a)the end of the 14th day after the day P arrived in England; or

(b)the time that P is notified of the result of a test meeting the requirements of day 8 test save as to the time at which the test is undertaken, that P has undertaken.

(2E) If the result notified to P of a test of the description in paragraph (2B)(b) or (2D)(b) is a positive result, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the end of the 10th day after the day P arrived in England.]

(3) Where P undertakes a test to which paragraph 3(7)(b) applies and which generates—

(a)a positive result, paragraph 3(1) applies as if the test were a mandatory test;

(b)a negative result, paragraph 3(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

Consequences of test resultsE+W

3.—(1) Subject to paragraphs 4 (optional tests) and 5 (tests other than in accordance with these Regulations), where a mandatory test undertaken by P in accordance with regulation 3B generates a positive result—

(a)the following do not apply in relation to P—

(i)regulation 4(9)(a) or, as the case may be, paragraph 13(1)(a) of Schedule B1A (leaving self-isolation to travel in order to leave England);

(ii)subject to sub-paragraph (2), [F160regulation 2A] (requirements on person notified of positive test) of the Self-Isolation Regulations, and

(b)P and, subject to sub-paragraph (3), any person who is self-isolating with P must continue to self-isolate in accordance with the relevant self-isolation provisions until the end of the 10th day after the day P undertook the test.

(2) [F161Regulation 2A] of the Self-Isolation Regulations continues to apply to a person within regulation 3B(1)(b) [F162or (1A)].

(3) Where a person (“B”) is self-isolating with P pursuant to the relevant self-isolation provisions, the requirement to self-isolate under sub-paragraph (1)(b) does not apply to B where—

(a)the test referred to in sub-paragraph (1) is P’s day 8 test, and

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

(4) Subject to paragraph 4, where P’s day 2 test and day 8 test both generate a negative result, P must continue to self-isolate in accordance with the relevant self-isolation provisions until the later of—

(a)the end of the default self-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 self-isolate in accordance with the relevant self-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 self-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 3B.

(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 paragraphs 8 and 9 (other than the requirement in paragraph 9(1)(e) that the test be administered or provided to P no earlier than the end of the seventh day after the day on which P arrived in England),

(ii)undertaken in the circumstances specified in paragraph 10 (other than the circumstances in paragraph 10(2) about when a test must be undertaken), and

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

Textual Amendments

Optional testsE+W

4.—(1) This paragraph applies where P—

(a)is a non-Schedule B1A arrival [F163who is required to comply with regulation 4], and

(b)undertakes a day 2 test which generates a negative or inconclusive result.

(2) P may undertake a test in accordance with Schedule 2A (optional testing after arrival in England), and, where the test generates a negative result, regulation 4(13A) applies in relation to P for the purpose of determining when P ceases to be required to self-isolate.

(3) P must in any event undertake the day 8 test booked in accordance with regulation 3B.

(4) Where P ceases to be required to self-isolate under these Regulations in accordance with regulation 4(13A), paragraph 3(1), (4) and (5) do not apply in relation to P’s day 8 test.

Textual Amendments

Tests other than in accordance with these RegulationsE+W

5.—(1) This paragraph applies where—

(a)P is a non-Schedule B1A arrival,

(b)P undertakes a day 2 test which generates a negative result,

(c)while P is self-isolating under these Regulations, P subsequently undertakes a test other than in accordance with these Regulations, and

(d)P is notified that such test generates a positive result.

(2) P ceases to be required to self-isolate in accordance with these Regulations, and [F164regulation 2A] of the Self-Isolation Regulations applies in relation to P.

Textual Amendments

Day 2 tests: general test requirementsE+W

6.—(1) For the purposes of regulation 3B(11)(a), a day 2 test complies with this paragraph where—

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

(b)it is a test provided by a private provider—

[F165(i)in respect of—

(aa)a non-Schedule B1A arrival, on or after 1st March 2021;

(bb)a Schedule B1A arrival, on 1st or 2nd March 2021 or on or after 26th April 2021,]

(ii)where the test complies with sub-paragraph (2), and

(iii)where the private provider complies with paragraph 7.

(2) A test complies with this sub-paragraph where—

(a)it is a semi-quantitative test for the detection of coronavirus which—

(i)targets a minimum of two distinguishable SARS-CoV-2 genes other than the S gene and performance reference controls,

(ii)includes routine in silico assurance against every variant of concern, and

(iii)produces a test solution that provides extracted nucleic acid that is suitable for whole genome sequencing using a specified method,

(b)it is, in relation to a Schedule B1A arrival, a test that can be self-administered,

(c)the manufacturer of any device used for the purposes of the test states that the device—

(i)uses an established molecular detection method,

(ii)has a specificity and a sensitivity greater than 99% (with a 95% two-sided confidence interval entirely above 97%),

(iii)has a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, and

(iv)is suitable for identifying every variant of concern, and

(c)any device used for the purposes of the test—

(i)can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations, and

(ii)has been validated no more than 18 months before the test is administered or provided to P.

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

(a)“specified method” means a targeted sequence method specific to SARS-CoV-2 or an equivalent—

(i)amplicon method, or

(ii)sequence bait capture method;

(b)“validated”, in relation to a device, has the meaning given by paragraph 2(2)(d) of Schedule 2A;

(c)“variant of concern” means a variant of SARS-CoV-2 identified in a designation made by the Secretary of State for the purposes of this paragraph and published in a manner as appears to the Secretary of State to be appropriate.

Textual Amendments

Day 2 tests: private provider requirementsE+W

7.—(1) For the purposes of paragraph 6(1)(b)(iii), a private provider complies with this paragraph where—

(a)they comply with the requirements of paragraph 3(1)(a) and (e) to (h) of Schedule 2A as if any reference in those provisions to an appropriate test were a reference to a day 2 test,

(b)they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting,

(c)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples,

(d)the laboratory used by the test provider for the processing of samples meets the relevant requirements for [F166ISO standard 15189 or ISO/IEC standard 17025 in respect of the evaluation of the established molecular detection method and the genomic sequencing of samples],

(e)they receive the information required by paragraph 10(3) or (4) (as appropriate), and they administer or provide the test to P no later than the end of the second day after the day on which P arrived in England,

[F167(ea)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, and

(ii)in relation to each test sold on that day, the date of the arrival in England of the person in respect of whom the test was sold,]

(f)they sequence each sample with a cycle threshold less than 30 (equivalent to ~1,000 viral genome copies per millilitre),

(g)in respect of the sequencing of samples, they must secure a reference genome coverage breadth of at least 50% and at least 30 times coverage,

(h)on a request by the Secretary of State or the COVID-19 Genomics UK Consortium, they make samples available for the purpose of dual sequencing,

(i)they preserve and transport samples in a manner that enables genome sequencing,

(j)they have in place a process to remove human reads from any data submitted in a notification to Public Health England pursuant to the Health Protection (Notification) Regulations 2010, and

[F168(k)]if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i)paragraph 3(1)(e) to (h) of Schedule 2A as applied by sub-paragraph (1)(a);

(ii)sub-paragraph (1)(c) to [F169(j)];

(iii)paragraph 11(2), (3) and (4).

(2) For the purposes of sub-paragraph (1)(h), “single end-to-end testing service” has the meaning given in paragraph 3(2)(c) of Schedule 2A.

(3) For the purposes of sub-paragraph (1)(c) and (d), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of regulation 6 of the Health Protection (Coronavirus, Testing Requirements and Standards) (England) Regulations 2020 as if—

(a)a reference to an applicable test were a reference to a day 2 test;

(b)a reference to a test provider were a reference to a private provider.

Textual Amendments

Day 8 tests: general test requirementsE+W

8.—(1) For the purposes of regulation 3B(11)(b), a day 8 test complies with this paragraph where—

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

(b)it is a test provided by a private provider—

[F170(i)in respect of—

(aa)a non-Schedule B1A arrival, on or after 1st March 2021;

(bb)a Schedule B1A arrival, on 1st or 2nd March 2021 or on or after 26th April 2021,]

(ii)where the test complies with sub-paragraph (2), and

(iii)where the private provider complies with paragraph 9.

(2) A test complies with this sub-paragraph where—

(a)it is a semi-quantitative test for the detection of coronavirus which targets a minimum of two distinguishable SARS-CoV-2 genes other than the S gene and performance reference controls,

(b)it is, in relation to a Schedule B1A arrival—

(i)a test which requires laboratory processing, and

(ii)a test which can be self-administered,

(c)the manufacturer of any device used for the purposes of the test states that the device—

(i)uses an extracted molecular method,

(ii)has a specificity and a sensitivity greater than 95% (with a 95% two-sided confidence interval entirely above 90%), and

(iii)has a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, and

(d)any device used for the purposes of the test—

(i)can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations, and

(ii)has been validated no more than 18 months before the test is administered or provided to P.

(3) For the purposes of sub-paragraph (2) “validated”, in relation to a device, has the meaning given by paragraph 2(2)(d) of Schedule 2A.

Textual Amendments

Day 8 tests: private provider requirementsE+W

9.—(1) For the purposes of paragraph 8(1)(b)(iii), a private provider complies with this paragraph where—

(a)they comply with the requirements of paragraph 3(1)(a) and (e) to (h) of Schedule 2A as if any reference in those provisions to an appropriate test were a reference to a day 8 test,

(b)they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting,

(c)in relation to a test which requires laboratory processing—

(i)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples, and

(ii)the laboratory used by the test provider for the processing of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the processing of samples,

(d)in relation to a point of care test, they meet the relevant requirements for accreditation to ISO Standard 15189 and ISO standard 22870,

(e)they receive the information required by paragraph 10(3) or (4) (as appropriate), and they administer or provide the test to P no earlier than the end of the seventh day after the day on which P arrived in England,

[F171(ea)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, and

(ii)in relation to each test sold on that day, the date of arrival in England of the person in respect of whom the test was sold,]

(f)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i)paragraph 3(1)(e) to (h) of Schedule 2A as applied by sub-paragraph (1)(a);

(ii)sub-paragraph (1)(b) to [F172(ea)];

(iii)paragraph 11(2), (3) and (4).

(2) For the purposes of sub-paragraph (1)(f), “single end-to-end testing service” has the meaning given in paragraph 3(2)(c) of Schedule 2A.

(3) For the purposes of sub-paragraph (1)(c) and (d), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of regulation 6 of the Health Protection (Coronavirus, Testing Requirements and Standards) (England) Regulations 2020 as if—

(a)a reference to an applicable test were a reference to a day 8 test;

(b)a reference to a test provider were a reference to a private provider.

Textual Amendments

Required circumstances for undertaking a day 2 test or a day 8 testE+W

10.—(1) The circumstances mentioned in regulation 3B(11)(a) and (b) are as follows.

(2) In relation to—

(a)a day 2 test, P undertakes the test no later than the end of the second day after the day on which P arrived in England;

(b)a day 8 test, P undertakes the test no earlier than the end of the seventh day after the day on which P arrived in England.

(3) Subject to sub-paragraph (4), at the time the test is booked P notifies the test provider that P is to undertake the test under these Regulations, and provides the test provider with—

(a)the information set out in paragraph 4(b)(i) to (v) and (vii) to (xiii) of Schedule 2A, and

(b)their home address, and—

(i)where P is a person to whom regulation 4(1)(a) or (b) applies, the address or addresses at which they intend to self-isolate, or are self-isolating, in accordance with regulation 4 (if different from their home address), or

(ii)where P is a person to whom regulation 4(1)(d) applies, the address of the accommodation designated for the purposes of Schedule B1A.

(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 or referred to in sub-paragraph (3) to the test provider—

(a)the notification and information set out or referred to in sub-paragraph (3), other than the information set out in paragraph 4(b)(xi) and (xii) of Schedule 2A, is provided to the test provider on P’s behalf by another person (“Y”), and

(b)either the information set out in paragraph 4(b)(xi) and (xii) of Schedule 2A is provided by Y to the test provider or, where appropriate, Y provides their own telephone number and email address to the test provider.

(5) At the time the test is booked [F173and payment made] the test provider gives P a test reference number [F174in the format specified in sub-paragraph (6)] and, where appropriate, also provides that test reference number to Y.

[F175(6) A test reference number must consist of 12 characters comprising 5 letters followed by 7 digits.]

Textual Amendments

Notification of test resultsE+W

11.—(1) This paragraph applies to a private provider who administers or provides a test to P in the circumstances described in paragraph 10.

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

(a)notify P or, where paragraph 10(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 10(4) applies, to Y via a secure web portal,

in accordance with sub-paragraph (3).

(3) The notification of P’s test 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—F176

(4) Where—

(a)regulation 4 or 4A of the Health Protection (Notification) Regulations 2010 applies in relation to the test provider, or

(b)if the test provider arranges with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, either of those regulations applies to X in the carrying out of that element,

the regulation applies as if it required the information described in sub-paragraph (5) to be included in the notification to Public Health England.

(5) The information mentioned in sub-paragraph (4) is—

(a)the date on which P last departed from or transited through a non-exempt country or territory,

(b)P’s coach number, flight number or vessel name (as appropriate),

(c)the country or territory P was travelling from when P arrived in England, and any country or territory they transited through as part of that journey,

(d)the date on which P undertook the appropriate test,

[F177(e)whether the test is a day 2 test or a day 8 test.]

Textual Amendments

F176Sch. 2C para. 11(3) Form C: in the second paragraph, the words “starting the day after your test date” are substituted for “from the day you took the test” (3.3.2021) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/223), regs. 1(2), 9(6)

Charge for day 2 tests and day 8 testsE+W

12.—(1) The Secretary of State or a person designated by the Secretary of State may impose a charge in respect of mandatory tests provided by a public provider.

(2) The Secretary of State—

(a)must publish details of the charges in such manner as the Secretary of State considers appropriate; and

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

Application of regulation 3B – exclusion of certain diplomatic etc. personnelE+W

F17813.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Regulation 2C

[F179SCHEDULE 2DE+WWorkforce tests after arrival in England

Textual Amendments

Interpretation of Schedule 2DE+W

1.  In this Schedule—

“P” means a person required to undertake workforce tests under regulation 3C (requirement to undertake workforce tests);

“the Self-Isolation Regulations” means the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020;

“workforce test” means any of the categories of workforce test described in regulation 3C(6).

Requirement after failure to undertake testE+W

2.—(1) Sub-paragraph (2) applies where P fails to undertake a workforce test that P is required by regulation 3C to undertake.

(2) Where this sub-paragraph applies, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the earlier of—

(a)the end of the 14th day after the day on which they arrived in England; or

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

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

(4) Where P is required to self-isolate in accordance with paragraph (2), regulation 2(2) of the Self-Isolation Regulations (meaning of self-isolate) applies as if it also permitted P to leave the place of self-isolation where necessary to undertake a workplace test.

Consequences of test resultsE+W

3.—(1) Where a workforce test undertaken by P in accordance with regulation 3C 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 2C, in the circumstances specified in paragraph 10 of that Schedule (other than the circumstances in paragraph 10(2) about when a test must be undertaken);

(b)P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the end of the 10th day after the day P undertook the test.

(2) Where a workforce test undertaken by P in accordance with regulation 3C generates a positive result—

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

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

(3) Where a further test undertaken in accordance with paragraph (1)(a) generates a negative result, this paragraph applies to P from the time P is notified of that negative result as if the workforce test undertaken by P in accordance with regulation 3C had generated a negative result (and accordingly, from that time, P is no longer required to self-isolate).

(4) Paragraph 11(4) and (5) (notification of test results) of Schedule 2C (mandatory testing after arrival in England) applies in relation to a further test undertaken pursuant to paragraph (1)(a) as it applies to a test provider in relation to a test provided under Schedule 2C.

(5) Where a workforce test undertaken by P in accordance with regulation 3C 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 3C(4) (requirement to undertake workforce tests).

Duties on employersE+W

4.—(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 Secretary of State for the purposes of this paragraph.

(3) In 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.]

Schedule 2 paragraph 39(2)

[F180SCHEDULE 3E+W

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England & Wales Cricket Board - The Rachael Heyhoe Flint

Matchroom – Championship League Snooker Tournament]

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GB Taekwondo Fight Night I – International Taekwondo, Para Taekwondo and Karate Event

GB Taekwondo Fight Night II – International Taekwondo, Para Taekwondo and Karate Event

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Hennessy Sports – International Boxing Championship Matches

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[F255British Swimming International Meet

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Billie Jean King Cup Play-offs by BNP Paribas - Great Britain v Mexico

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GB Taekwondo Olympic and Paralympic Test Matches

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Imperial Cup meeting horse-racing

Lincoln Handicap meeting horse-racing

Matchroom - Championship League Pool

F266...

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Midlands National meeting horse-racing

Modern Pentathlon Test Event

Para Powerlifting World Cup

Professional Darts Corporation - Challenge Tour

Professional Darts Corporation - Development Tour

Professional Darts Corporation - UK Open

Rugby League Betfred Championship

F268...

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The Festival at Cheltenham horse-racing

Wheelchair Rugby Quad Nations

Women’s Invitational International Football Tournament (hosted by the FA)

World Snooker Tour - Pro Tour Series

World Snooker Tour - Gibraltar Open

World Snooker Tour - Tour Championship]

[F269All-Weather Finals Day horse-racing

Textual Amendments

Aintree Grand National Meeting horse-racing

Boxing Road to Tokyo

British Dressage – Keysoe International

British Eventing Elite Pathways Events

British Showjumping’s Winter Classic series qualifiers

Burnham Market International

Cage Warriors 120

Challenger Series Finals Day horse-racing

Cheltenham April Meeting horse-racing

Classic Trial Day & Jumps Finale Day horse-racing

Craven Meeting horse-racing

Greenham Meeting horse-racing

International Boxing - Dennis Hobson Promotions

Manchester Squash Open 2021

Matchroom - World Pool Masters

F270...

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Scottish National Meeting horse-racing

Super League Triathlon Arena Games London

Track Cycling Nations Cup

Vitality Big Half

World Snooker Tour - Betfred World Championship (including qualifiers)]

[F271British Athletics - 20km Race Walk Olympic Trial

Textual Amendments

British Wrestling - Home Nations Invitational Tournament

LTA Loughborough Indoor Wheelchair Tennis Tournament

FIA World Endurance Championship Prologue and Round 1 Silverstone

British Para Athletics Sprint Meet

Motorsport UK - HSCC Formula 2 Championship Masters Historic Race Weekend

Motorsport UK - British Superkart Championship and Support Series

Motorsport UK - British Truck Racing Championship

British Equestrian - International Dressage Events

British Para Swimming International Meet

Cage Warriors 121

Badminton Horse Trials

European Tour - Betfred British Masters

Motorsport UK - GT World Challenge Europe Sprint Cup and Support Series

Motorsport UK - Donington Historic Festival

Motorsport UK - British Touring Car Championship and Support Series

Motorsport UK - Ferrari Challenge UK and Support

Motorsport UK - British GT Championship and Support Series / Porsche Sprint Challenge GB and Support Series

Motorsport UK - Master Historic F1 / Sports Cars and Support Series

Motorsport UK - FIA Main Event 2021 and Support Series

England Hockey Pro League

FIM Speedway Grand Prix World Championship - Qualifying Round

Royal Windsor Horse Show

Bolesworth International Horse Show

British Speedway Premiership, Championship and National Development Leagues

The 2020 UEFA European Football Championship]]

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