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The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

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Statutory Instruments

2021 No. 582

Public Health, England

The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

Made

at 10.32 a.m. on 14th May 2021

Laid before Parliament

at 2.30 p.m. on 14th May 2021

Coming into force

at 4.00 a.m. on 17th May 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45B, 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984 M1.

Marginal Citations

M11984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

PART 1E+WIntroductory

Citation, commencement, extent and applicationE+W

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021.

(2) These Regulations come into force at 4.00 a.m. on 17th May 2021.

(3) These Regulations extend to England and Wales and apply in relation to England only.

Commencement Information

I1Reg. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Interpretation and introduction of Schedules 1 to 4E+W

2.—(1) In these Regulations—

F1...

F2...

“category 2 country or territory” means a country or territory or part of a country or territory specified in Schedule 2 M2;

“category 3 country or territory” means a country or territory or part of a country or territory specified in Schedule 3 M3;

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

“the common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M4;

F3...

F4...

F5...

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

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

[F6“COVID-19 vaccination eligibility criteria” means the conditions in any of regulations 3C to 3H;]

[F7“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989;]

[F8“cruise ship” means a vessel, certified to carry more than 200 passengers, engaged on a voyage primarily for leisure or recreation during which passengers stay overnight on board for at least two nights;]

F9...

“designated port” means a port designated for the purposes of Schedule 11;

“device” means an in vitro diagnostic medical device within the meaning given in regulation 2(1) of the Medical Devices Regulations 2002 M5;

“disability” has the meaning given in the Equality Act 2010 M6 (see section 6 of, and Schedule 1 to, that Act);

F10...

[F11“eligible traveller” has the meaning given in regulation 3B;]

[F12“EU Digital COVID Certificate” means a COVID-19 vaccination, test or recovery certificate issued by either a member state of the European Union, European Economic Area or the European Free Trade Association, or a European microstate;

“European microstate” means Andorra, Monaco, San Marino, the Sovereign Order of St John or the Vatican City State;]

[F13“government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989;]

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 M7;

F14...

“managed self-isolation package” has the meaning given in paragraph 8 of Schedule 11;

[F15“non-category 3 arrival” means a person who arrives in England without having departed from or transited through a category 3 country or territory in the period beginning with the 10th day before the date of their arrival in England;]

[F16“North American Certificate” has the meaning given in regulation 3A(2);]

“operator” F17... means an operator of a relevant service;

F18...

“passenger” means a person travelling on a conveyance who is not a member of the conveyance's crew;

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

“Passenger Locator Form” means the form published electronically by the Secretary of State for the provision of passenger information M8;

“port”, except where the context otherwise requires, means—

(a)

any port (including a seaport, airport or heliport), or

(b)

a place which is an authorised terminal control point for international services for the purposes of sections 11 and 12 of the Channel Tunnel Act 1987 M9;

“qualifying test” means a test that is a qualifying test for the purposes of [F19regulation 3ZA];

[F20“relevant service” means a commercial transport service on which passengers travel to England from outside the common travel area on a vessel, aircraft or train;]

[F21“Schedule 11-exempt passenger” means a person to whom Schedule 11 does not apply only by virtue of paragraph 2 of that Schedule;]

“Schedule 11 passenger” means a passenger to whom Schedule 11 (additional measures applicable to arrivals from category 3 countries or territories) applies;

“self-isolate” has the meaning given in regulation 9(2), and “self-isolation” and “self-isolating” are to be construed accordingly;

F22...

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

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

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

“tunnel system” has the meaning given in section 1(7) of the Channel Tunnel Act 1987;

F23...

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

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

(b)has parental responsibility for the child within the meaning given in section 3 of the Children Act 1989 M10.

(3) For the purposes of these [F24Regulations, except where they provide otherwise, a person] (“P”) is not treated as departing from or transiting through a country or territory, or part of a country or territory, if P arrives in and leaves that country, territory [F25or part] thereof by air, rail or sea and F26...—

(a)[F27at all times whilst there] remains on the F28... vessel upon which P arrived and no other passenger is permitted to be taken on board; or

(b)[F29at all times whilst there] remains on the train [F30or aircraft] upon which P arrived F31...; or

[F32(ba)remains, at all times whilst waiting for a flight departing from the airport at which P disembarked from an aircraft, within that airport, and departs on a flight from that airport without first passing through immigration control.]

F33(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of these Regulations a person is not treated as having been in a country or territory if—

(a)the person has only been on a vessel which has been in the territorial waters of that country or territory;

(b)the person did not disembark from that vessel while it was in the territorial waters of that country or territory;

(c)that vessel did not moor at a port in that country or territory; and

(d)no passenger was permitted to be taken on board that vessel while it was in the territorial waters of that country or territory.

(5) Schedule 4 (exemptions) describes categories of person who are exempt from certain requirements in accordance with these Regulations.

F34(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2Reg. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M2Category 2 countries and territories are referred to colloquially and in guidance as “Amber List” countries and territories.

M3Category 3 countries and territories are referred to colloquially and in guidance as “Red List” countries and territories.

M41971 c. 77; section 1(3) provides that the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland are collectively referred to in that Act as “the common travel area”.

M7Paragraph 1 was amended by paragraph 3 of Schedule 3 to the Health Protection Agency Act 2004 (c. 17), and by S.I. 1993/1813.

M8The Passenger Locator Form is available on www.gov.uk. No hard copy version is generally available but, where a person arrives at a place staffed by Immigration Officers, they will be provided with the ability to complete the form electronically on their arrival in England if not completed in advance; assistance will be available for completion of the electronic form if required.

Exemptions for vaccinated travellers and othersE+W

F352A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F36PART 1AE+W [F37Requirements on persons arriving in England]]

Textual Amendments

Requirement on passengers to provide informationE+W

3.—(1) A person who arrives in England from a country or territory outside the common travel area must, subject to paragraph (2), provide on the Passenger Locator Form the information set out in Schedule 6 (“passenger information”) on their arrival.

(2) A person who presents at immigration control at the Channel Tunnel shuttle terminal area in France M11, with the intention of boarding a shuttle service destined for the United Kingdom, must provide on the Passenger Locator Form their passenger information on so presenting.

(3) Subject to paragraph (4), a person who arrives in England from within the common travel area who has been in a country or territory outside the common travel area at any time in the period beginning with the 10th day before the date of their arrival in England must provide on the Passenger Locator Form their passenger information on their arrival.

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

(a)in the case of a person who is required to comply with regulation F38... 9 (F39... category 3 arrivals) [F40or Schedule 11 (additional measures applicable to arrivals from category 3 countries or territories)], an address in England where that person intends to self-isolate; or

(b)in the case of any other person, an address in England where that person intends to stay during the period of 10 days beginning on the day after the date of their arrival in the United Kingdom.

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

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

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

[F41(6) A person described in paragraph (1) to (3), or who has an obligation under paragraph (5), is treated as having complied with those paragraphs (as applicable) if they provide the specified passenger information on the Passenger Locator Form—

(a)in the case of a person arriving in England on a cruise ship, in the 21 days before they are required to provide the information, or

(b)in any other case, in the 48 hours before they are required to provide the information.]

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

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

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

(10) [F42The] following are not required to comply with this regulation—

(a)a person described in regulation 9(14) [F43who is a non-category 3 arrival];

[F44(b)a person described in any of the following provisions of Schedule 4—

(i)Part 2 (transport workers);

(ii)Part 3 (border security duties);

(iii)paragraph 19(1) (diplomats etc.);

(iv)paragraph 19(2), (3) or (4) (international organisations etc.) where the Foreign, Commonwealth and Development Office has given confirmation under that paragraph in respect of this regulation;

(v)paragraph 20 (defence personnel);

(vi)paragraph 22 (non-disembarking cruise passengers);

(vii)paragraph 23(2)(a) (non-CTA airside transit passengers).]

F45(bza). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(cza). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(czb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I3Reg. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M11Article 4(1) of the Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813) has the effect of extending all frontier control enactments to the control zone in France. A “frontier control enactment” is an enactment which contains provision relating to frontier controls and the definition of “frontier controls” in Schedule 1 to that Order includes controls in relation to health. The Public Health (Control of Disease) Act 1984 and these Regulations made under it therefore apply in the control zone.

[F48Requirement to possess notification of negative test resultE+W

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

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

F49(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(5) A person must as soon as reasonably practicable undertake a test that complies with paragraph 1(a) of Schedule 7 if—

(a)the person requires leave to enter or remain in the United Kingdom;

(b)an immigration officer suspects the person has—

(i)evaded, or attempted to evade, immigration control, or

(ii)been arrested, detained or granted immigration bail by an immigration officer in accordance with the Immigration Acts;

(c)the person fails to produce valid notification of a negative result from a qualifying test when requested to do so by an immigration officer; and

(d)the immigration officer requires the person to undertake such a test.

.

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

[F50(a)a child who—

(i)is under the age of 12, and

(ii)arrives in England from a category 3 country 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 category 3 country or territory;]

[F51(b)a person described in any of the following provisions of Schedule 4—

(i)Part 2 (transport workers);

(ii)Part 3 (border security duties);

(iii)paragraph 16 (transporting human cells);

(iv)paragraph 17 or 18 (essential government work etc.) where the relevant Department has certified under either of those paragraphs in respect of this regulation;

(v)paragraph 19(2), (3) or (4) (international organisations etc.) where the Foreign, Commonwealth and Development Office has given confirmation under that paragraph in respect of this regulation;

(vi)paragraph 20 (defence personnel);

(vii)paragraph 22 (non-disembarking cruise passengers)]

F52(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F54(e)an eligible traveller.]

(7) For the purposes of this regulation—

(a)a test is a qualifying test if it complies with paragraph 1 of Schedule 7;

(b)a notification of a negative result is valid if —

(i)it is provided through the EU Digital COVID Certificate, or

(ii)it includes the information specified in paragraph 2 of Schedule 7;

F55(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F56PART 1BE+WAdditional requirements for eligible travellers

Textual Amendments

Interpretation of PartE+W

3A.—(1) For the purposes of this Part—

(a)a child is to be treated as making a declaration on a Passenger Locator Form, and providing any proof required, if that declaration is made, and the proof provided, by a person who is travelling with and has responsibility for that child;

(b)a person is not treated as having been in a country or territory if that person would not be treated as having departed from or transited through that country or territory by virtue of regulation 2(3);

[F57(c)a reference to a country does not include a reference to the overseas territories and dependencies of that country unless otherwise stated.]

(2) In this Part—

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

(a)

in relation to doses received in the United Kingdom, authorised—

(i)

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

(ii)

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

(b)

in relation to doses received in a relevant country listed in the table in paragraph (3), authorised for supply in that relevant country following evaluation by the regulator for the relevant country,

(c)

in relation to doses received in [F58any other country or territory (including] a relevant country listed in paragraph (4)[F59)], which [F60—

(i)

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

(ii)

are listed in lines [F6110, 11, 12, 13 or 14] of the Guidance Document “Status of COVID-19 Vaccines within WHO EUL/PQ evaluation process” published by the World Health Organisation on [F6223rd December] 2021, and authorised or certified in a relevant country listed in paragraph (4);]

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

F63...

F64...

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

“marketing authorisation”—

(a)

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

(b)

in relation to a vaccine authorised for supply in a relevant country listed in the table in paragraph (3) other than a member State, means a marketing authorisation granted by the relevant regulator for the country;

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

“NHS COVID pass” means the COVID-19 records [F65available] on the NHS smartphone app developed and operated by the Secretary of State, through the website at NHS.uk or [F66in] a COVID-19 post-vaccination letter obtained from the NHS;

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

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

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

[F67North American Certificate” means, in relation to a State listed in the table in paragraph (2B), the certificate identified in the corresponding row of the second column of that table;]

[F68“Regulation (EU) 2021/953” means Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic;]

“relevant country” means a country or territory listed in the first column of the table in paragraph (3) or a country or territory listed in paragraph (4);

“regulator”, in relation to a relevant country listed in the table in paragraph (3), means the regulator identified in the corresponding row of the second column of the table in that paragraph, and a reference to a regulator in that table is a reference to the regulatory authority of that name designated as a Stringent Regulatory Authority by the World Health Organization pursuant to the operation of the COVAX Facility;

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

(a)

Crown servants, government contractors or other personnel posted or based overseas and their dependants under the scheme known as the Foreign, Commonwealth and Development Office staff COVID-19 vaccination programme; [F69or]

(b)

F70...

(c)

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

[F71“vaccine certificate”, in relation to a passenger (“P”), means a certificate in English, French or Spanish issued by the competent health authority of a relevant country, other than a European country listed in the table in paragraph (3) or the United States of America, which contains—

(a)

P’s full name;

(b)

P’s date of birth;

(c)

the name and manufacturer of the vaccine that P received;

(d)

the date that P received the dose of the vaccine or, as the case may be, each dose of the vaccine;

(e)

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

[F72(2A) The following countries and territories are approved third countries or territories for the purposes of this Part—

  • Albania

  • Armenia

  • [F73Cape Verde]

  • [F73El Salvador]

  • Faroe Islands

  • Israel

  • Morocco

  • North Macedonia

  • Panama

  • [F73Togo ]

  • Turkey

  • Ukraine.

(2B) The table referred to in the definition of “North American Certificate” in paragraph (2) is—

StateCertificate Name
CaliforniaDigital COVID-19 Vaccine Record
New YorkExcelsior Pass Plus
Washington StateWA Verify]

(3) The table referred to in paragraph (2) [F74except in the definition of “North American Certificate] is—

Relevant countryRegulator
A member StateEuropean Medicines Agency
AndorraEuropean Medicines Agency
IcelandEuropean Medicines Agency
LiechtensteinEuropean Medicines Agency
MonacoEuropean Medicines Agency
NorwayEuropean Medicines Agency
San MarinoEuropean Medicines Agency
The Vatican City StateEuropean Medicines Agency
SwitzerlandSwissmedic
The United States of AmericaUnited States Food and Drug Administration
AustraliaThe Therapeutic Goods Administration
CanadaHealth Canada

(4) The countries and territories referred to in the definitions of “relevant country” and “authorised vaccine” are—

  • [F75Albania]

  • [F76Algeria]

  • [F77Angola]

  • [F77Anguilla]

  • Antigua and Barbuda

  • [F77Argentina]

  • [F77Armenia]

  • [F77Azerbaijan]

  • [F75Bahamas]

  • Bahrain

  • [F75Bangladesh]

  • Barbados

  • [F78Belarus]

  • [F77Belize]

  • [F77Bermuda]

  • [F79Bhutan]

  • [F78Bolivia]

  • [F75Bosnia and Herzegovina]

  • [F77Botswana]

  • [F75Brazil]

  • [F77British Antarctic Territory]

  • [F77British Indian Ocean Territory]

  • [F77British Virgin Islands]

  • Brunei

  • [F77Cambodia]

  • [F79Cameroon]

  • [F77Cayman Islands]

  • [F75Chile]

  • [F76China]

  • [F75Colombia]

  • [F77Costa Rica]

  • [F79Côte d’Ivoire]

  • [F79Cyprus, northern]

  • [F78Democratic Republic of the Congo]

  • [F77Djibouti]

  • Dominica

  • [F78Dominican Republic]

  • [F78Ecuador]

  • [F75Egypt]

  • [F77Eswatini]

  • [F77Falkland Islands]

  • [F79Fiji]

  • [F75Georgia]

  • [F75Ghana]

  • [F77Gibraltar]

  • [F75Grenada]

  • [F76Guatemala]

  • [F77Guernsey]

  • [F77Guyana]

  • [F77Honduras]

  • [F75Hong Kong]

  • [F75India]

  • [F75Indonesia]

  • [F76Iran]

  • [F79Iraq]

  • [F77Isle of Man]

  • Israel

  • [F75Jamaica]

  • Japan

  • [F77Jersey]

  • [F75Jordan]

  • [F76Kazakhstan]

  • [F75Kenya]

  • [F75Kosovo]

  • Kuwait

  • [F76Kyrgyzstan]

  • [F78Laos]

  • [F77Lebanon]

  • [F77Lesotho]

  • [F79Liberia]

  • [F78Libya]

  • [F76Macao SAR]

  • [F77Madagascar]

  • [F78Malawi]

  • Malaysia

  • [F75Maldives]

  • [F79Mali]

  • [F79Mauritania]

  • [F77Mauritius]

  • [F76Mexico]

  • [F75Moldova]

  • [F77Mongolia]

  • [F75Montenegro]

  • [F77Montserrat]

  • [F75Morocco]

  • [F78Mozambique]

  • [F75Namibia]

  • [F77Nepal]

  • New Zealand

  • [F79Niger]

  • [F75Nigeria]

  • [F75North Macedonia]

  • [F77Occupied Palestinian Territories]

  • [F75Oman]

  • [F75Pakistan]

  • [F79Palau]

  • [F77Panama]

  • [F79Papua New Guinea]

  • [F79Paraguay]

  • [F77Peru]

  • [F75The Philippines]

  • [F77Pitcairn, Henderson, Ducie and Oeno Islands]

  • Qatar

  • [F77Rwanda]

  • [F77Saint Helena, Ascension and Tristan da Cunha]

  • [F78Samoa]

  • [F76Sao Tome and Principe]

  • Saudi Arabia

  • [F78Senegal]

  • [F75Serbia]

  • [F77Seychelles]

  • [F77Sierra Leone]

  • Singapore

  • [F79Solomon Islands]

  • [F75South Africa]

  • [F77South Georgia and the South Sandwich Islands]

  • South Korea

  • [F76South Sudan]

  • [F77The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus]

  • [F77Sri Lanka]

  • [F75St Kitts and Nevis]

  • [F75St Lucia]

  • [F75St Vincent and the Grenadines]

  • [F77Suriname]

  • Taiwan

  • [F77Tanzania]

  • [F75Thailand]

  • [F79The Gambia]

  • [F76Timor-Leste]

  • [F76Tonga]

  • [F77Trinidad and Tobago]

  • [F77Tunisia]

  • [F75Turkey]

  • [F76Turkmenistan]

  • [F77Turks and Caicos Islands]

  • [F77Uganda]

  • [F75Ukraine]

  • United Arab Emirates.

  • [F77Uruguay]

  • [F79Uzbekistan]

  • [F78Vanuatu]

  • [F75Vietnam]

  • [F78Zambia]

  • [F78Zimbabwe.]

[F80(5) Where a course of doses of an authorised vaccine has been administered to a person (“P”) by a person acting on behalf of the United Nations and authorised to administer the vaccination in that capacity, P is to be treated as if they have received those doses in a relevant country listed in paragraph (4), and any reference to doses received in a relevant country, or to the competent health authority of a relevant country in these Regulations is to be construed as including doses administered by a person acting on behalf of the United Nations.]

Textual Amendments

F73Words in reg. 3A(2A) inserted (11.2.2022 at 4.00 a.m. for entries "Cape Verde", "El Salvador" and "Togo, 28.2.2022 at 4.00 a.m. in so far as not already in force) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/125), regs. 1(2)(b)(ii), 6(3) (with reg. 37(1)(2))

Eligible travellersE+W

3B.—(1) A person (“P”) is an eligible traveller if—

(a)in the period beginning with the 10th day before the date of P’s arrival in England [F81—

(i)P has been in a category 2 country or territory, and

(ii)P has not been in a category 3 country or territory, and]

(b)P meets the conditions of any of regulations 3C to 3H.

F82(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Eligible travellers: vaccination conditionsE+W

3C.—(1) P meets the conditions of this regulation if P—

(a)has completed a course of doses of an authorised vaccine with the final dose having been received before the start of the period beginning with the 14th day before the date of their arrival in England;

F83(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(i)the NHS COVID pass, or equivalent from NHS Scotland, NHS Wales or the Department of Health in Northern Ireland,

(ii)the EU Digital COVID Certificate,

[F85(iia)a North American Certificate,

(iib)a COVID-19 vaccination certificate issued by an approved third country or territory and considered by the European Commission to be equivalent to an EU Digital COVID Certificate issued in accordance with Regulation (EU) 2021/953,]

(iii)the Centers for Disease Control and Prevention vaccination card, or

(iv)a vaccine certificate; [F86and]

F87(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)[F88Except where P is a person described in regulation 3(10) (person not required to comply with regulation 3),] has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria.

(2) For the purposes of this regulation—

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

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

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

[F89(ab)if P has received at least 2 doses of any of the vaccines referred in sub-paragraph (c)(ii) of the definition of “authorised vaccine” in regulation 3A(2), P is deemed to have completed a course of doses of an authorised vaccine.]

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

F90(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Eligible travellers: UK clinical trial conditionsE+W

3D.  P meets the conditions of this regulation if P—

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

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

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

Eligible travellers: US clinical trial conditionsE+W

3E.  P meets the conditions of this regulation if P—

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

(b)if required by an immigration officer or the operator of the relevant service on which P travels to England, is able to provide proof of such participation through a vaccination card issued by the Centers for Disease Control and Prevention; [F91and]

(c)has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria F92...

F93(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F94Eligible travellers: Non-UK or US clinical trial conditionsE+W

3EA.—(1) P meets the conditions of this regulation if P—

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

(i)the European Medicines Agency, or

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

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

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

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

(a)P’s full name;

(b)P’s date of birth;

(c)the name and manufacturer of the vaccine;

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

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

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

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

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

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

Textual Amendments

Eligible travellers: UK clinical exemption conditionsE+W

3F.— [F95(1)]  P meets the conditions of this regulation if P—

(a)has been advised by a registered medical practitioner that for clinical reasons P should not be vaccinated with an authorised vaccine;

(b)is able to provide proof of that advice through [F96a relevant document] if required by an immigration officer or the operator of the relevant service on which P travels to England; and

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

[F97(2) In this regulation “relevant document” means—

(a)a letter issued by the NHS in response to an NHS COVID pass medical exemptions application,

(b)a certification in paper or electronic form issued by NHS Scotland, or

(c)a maternity certificate.

(3) For the purposes of paragraph (2) “maternity certificate” means a maternity certificate which satisfies the requirements of—

(a)regulation 2(3) of the Social Security (Medical Evidence) Regulations 1976, or

(b)regulation 2 of the Statutory Maternity Pay (Medical Evidence) Regulations 1987.]

Textual Amendments

Eligible travellers: age [F98condition] E+W

3G.  P meets the conditions of this regulation if P is—

(a)under the age of 18 years upon arrival in England F99...

F100(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Eligible travellers: UK vaccine rollout overseas conditionsE+W

3H.—(1) P meets the conditions of this regulation if P is F101...—

(a)a person who—

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

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

(iii)has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria F102...

F103(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of this regulation—

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

(b)where P has received a dose of an authorised vaccine F104... and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas;

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

[F105(3) Where P is a person described in paragraph (2)(b), the proof which P provides for the purposes of paragraph (1)(a)(ii) must include proof of having received the dose of an authorised vaccine through—

(a)the NHS COVID pass, or equivalent from NHS Scotland, NHS Wales or the Department of Health in Northern Ireland,

(b)the EU Digital COVID certificate,

[F106(ba)a North American Certificate,

(bb)a COVID-19 vaccination certificate issued by an approved third country or territory and considered by the European Commission to be equivalent to an EU Digital COVID Certificate issued in accordance with Regulation (EU) 2021/953,]

(c)the Centers for Disease Control and Prevention vaccination card, or

(d)a vaccine certificate.]]

Textual Amendments

Testing requirements on eligible travellers (workers)E+W

F1073I.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Testing requirements on eligible travellers (non-workers)E+W

F1083J.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Self-isolation requirements on eligible travellersE+W

F1093K.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application of this Part to a person who was required to be in isolation in accordance with Schedule 11 immediately before 4.00 pm on 15th December 2021 and who meets the conditions in any of regulations 3C to 3HE+W

F1103L.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F111PART 2E+WAdditional requirements on persons arriving in England who are not eligible travellers]

Textual Amendments

Requirement to possess notification of negative test resultE+W

F1124.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirements relating to testsE+W

5.—[F113(1) Except as provided in paragraph (6), regulation 6 applies to—

(a)a non-category 3 arrival who—

(i)arrives in England from outside the common travel area, and

(ii)is not a person to whom regulation 7(2)(b) (workforce tests) applies by virtue of paragraph (4) of this regulation;

(b)a Schedule 11-exempt passenger who is a person described in any of the following provisions of Schedule 4—

(i)paragraph 8 (seafarers) so far as it applies to a seaman or a master of a fishing vessel within the meaning of the Merchant Shipping Act 1995;

(ii)paragraph 12 (foreign Government border security duties);

(iii)Part 4 (law enforcement);

(iv)paragraph 17 or 18 (essential government work etc.);

(v)paragraph 19(2), (3) or (4) (international organisations etc.);

(vi)paragraph 21 (in-flight security officers);

(c)a Schedule 11 passenger.]

F114(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F115(3) Paragraph (2)(a) of regulation 7 (requirement to undertake workforce tests) applies to a Schedule 11-exempt passenger who is described in any of the following provisions of Schedule 4—

(a)paragraph 2 (aircraft crew);

(b)paragraph 5 (road haulage workers);

(c)paragraph 8 (seafarers), other than a seaman or master of a fishing vessel within the meaning of the Merchant Shipping Act 1995;

(d)paragraph 11 (UK officials with border security duties);

(e)paragraph 16 (transporting human cells);

(f)paragraph 20 (defence personnel).]

[F116(4) Paragraph (2)(b) of regulation 7 applies to a non-category 3 arrival who—

(a)arrives in England from outside the common travel area,

(b)is not an eligible traveller, and

(c)is described in any of the following provisions of Schedule 4—

(i)Part 1 (seasonal and temporary horticultural and food processing workers);

(ii)paragraph 2 (aircraft crew);

(iii)paragraph 4 (road passenger transport workers);

(iv)paragraph 5 (road haulage workers);

(v)paragraph 6 (Channel Tunnel system workers);

(vi)paragraph 7 (international rail crew, passenger and freight operators);

(vii)paragraph 8 (seafarers), other than a seaman or master of a fishing vessel within the meaning of the Merchant Shipping Act 1995;

(viii)paragraph 9 (essential port workers);

(ix)paragraph 10 (border control and preparedness advisers);

(x)paragraph 11 (UK officials with border security duties);

(xi)paragraph 16 (transporting human cells);

(xii)paragraph 20 (defence personnel).]

F117(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Regulation 6 does not apply to a person (“P”) where P is—

[F118(a)an eligible traveller;

(b)a person described in any of the following provisions of Schedule 4—

(i)paragraph 12 (foreign Government border security duties), where P is engaged pursuant to a binding bilateral or multilateral agreement concerning controls at St Pancras, Ebbsfleet, Cheriton, Ashford or Dover;

(ii)paragraph 17 or 18 (essential government work etc.) where the relevant Department has certified under either of those paragraphs in respect of regulation 6;

(iii)paragraph 19(1) (diplomats etc.);

(iv)paragraph 19(2), (3) or (4) (international organisations etc.) where the Foreign, Commonwealth and Development Office has given confirmation under that paragraph in respect of regulation 6;

(v)paragraph 22 (non-disembarking cruise passengers);

(vi)paragraph 23 (non-CTA transit passengers);

(vii)paragraph 24 (CTA transit passengers);

(viii)paragraph 25 (short-stay cruise passengers)].

F119(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F120(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4Reg. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Requirement to book and undertake testsE+W

6.—(1) This regulation applies to a person (“P”) specified in paragraph (1) of regulation 5 (requirements relating to tests) [F122(other than a person specified in paragraph (6) of that regulation)].

F123(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where P is an adult, P must on their arrival in England possess a testing package—

(a)for themselves; and

(b)[F124if P arrives in England from a category 3 country or territory,] for any child aged 5 or older with whom they are travelling and for whom they have responsibility.

(4) Where P is an adult who arrives in England without possessing a testing package required under paragraph (3), P must as soon as practicable obtain such a testing package.

(5) Where P is a child aged 5 or older, who is unaccompanied by an adult who has responsibility for P, and who arrives in England [F125from a category 3 country or territory] without possessing a testing package, an adult with responsibility for P must obtain a testing package as soon as practicable after P arrives in England.

(6) Subject to paragraph (7), where P [F126is in England and]—

(a)is an adult, they must undertake the tests in accordance with their testing package;

(b)is a child [F127who arrives from a category 3 country or territory], an adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the tests in accordance with the testing package.

(7) Where [F128P arrives from a category 3 country or territory and] P's day 2 test generates a positive result, P is not required to undertake a day 8 test.

(8) Where P does not undertake a test as required by this regulation by reason of a reasonable excuse (see regulation 19(1)(c) and (4)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a test (“a replacement test”) complying with the requirements that apply to the test that was missed.

(9) Where a replacement test is undertaken instead of—

(a)a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation;

(b)a day 8 test, P is to be treated as if they had undertaken a day 8 test in accordance with this regulation.

(10) Schedule 8 (mandatory testing after arrival in England) makes further provision about day 2 and day 8 tests (including the consequences of testing).

(11) A person who possesses a testing package must provide evidence of it if requested by an immigration officer or a constable.

(12) In this regulation—

(a)“day 2 test” means a test for coronavirus which complies with paragraph 6 of Schedule 8 and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(b)“day 8 test” means a test for coronavirus which complies with paragraph 8 of Schedule 8 and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(c)“testing package” means—

(i)where P is a person falling within regulation 5(1)(a) [F129(arrivals from places other than category 3 countries or territories)], a booking for a day 2 test,

[F130(ii)where P is a person falling within regulation 5(1)(b) [F131and (c) (arrivals from category 3 countries or territories)], a booking for a day 2 test and a day 8 test.]

Textual Amendments

Commencement Information

I5Reg. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Requirement to undertake workforce testsE+W

7.—(1) This regulation applies to a person (“P”), to whom regulation 5(3) or (4) applies.

(2) Subject to [F132paragraphs (7) and (10)]—

[F133(a)where this sub-paragraph applies to P by virtue of regulation 5(3), P must undertake a workforce test for day 2, day 5 and day 8 in accordance with paragraph (6) in relation to each category of test]

[F134(b)where this sub-paragraph applies to P by virtue of regulation 5(4), P must undertake a workforce test for day 2 in accordance with paragraph (6)(c)]

(3) Where P does not undertake a workforce test as required by this regulation by reason of a reasonable excuse (see regulation 19(1)(d) and (5)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement workforce test.

(4) Where a replacement workforce test is undertaken instead of—

(a)a workforce test to be undertaken for day 2, P is to be treated as if they had undertaken a workforce test on day 2 in accordance with this regulation;

(b)a workforce test to be undertaken for day 5, P is to be treated as if they had undertaken a workforce test on day 5 in accordance with this regulation;

(c)a workforce test to be undertaken for day 8, P is to be treated as if they had undertaken a workforce test on day 8 in accordance with this regulation.

(5) Schedule 9 (workforce tests) makes further provision about workforce tests (including the consequences of testing).

(6) In these Regulations—

(a)“a replacement workforce test” means a workforce test complying with the requirements that apply to the workforce test that was missed;

(b)“a workforce test” means a test for the detection of coronavirus which is provided or administered under the National Health Service Act 2006 M12;

(c)“a workforce test undertaken for day 2” means a test which is undertaken no later than the end of the second day after the day on which P arrived in England;

(d)“a workforce test undertaken for day 5” means a workforce test which—

(i)is undertaken after a workforce test for day 2,

(ii)is undertaken no earlier than the end of the second day after the day on which P arrived in England, and

(iii)is undertaken before the end of the fifth day after the day on which P arrived in England;

(e)“a workforce test undertaken for day 8” means a workforce test which—

(i)is undertaken after a workforce test undertaken for day 5,

(ii)is undertaken no earlier than the end of the fourth day after the day on which P arrived in England, and

(iii)is undertaken before the end of the eighth day after the day on which P arrived in England.

(7) For any period during which P is a recurring work traveller, paragraph (2) does not apply and paragraph (9) applies to P instead.

(8) P is a “recurring work traveller” where—

(a)P is undertaking work that requires P to enter and leave England on a daily basis, or at intervals of no greater than two days, and is entering and leaving accordingly; and

(b)P does not fall within the description in paragraph [F1355] of Schedule 4 (road haulage workers).

(9) [F136Subject to paragraph (10), where] this paragraph applies, P must undertake a workforce test—

(a)before the end of the second day after the day P first arrives in England during the period during which P is a recurring work traveller or as soon as reasonably practicable during the time P is next in England after the end of the second day; and

(b)subsequently, within each successive period of three days, beginning with the day after the day on which P took the previous workforce test.

[F137(10) Paragraphs (2) and (9) do not apply where—

(a)P is a person described in any of the following paragraphs of Schedule 4—

[F138(i)paragraph 2 (aircraft crew);

(ii)paragraph 6 (Channel Tunnel system workers);

(iii)paragraph 7 (international rail crew, passenger and freight operators);

(iv)paragraph 8 (seafarers)];

(b)P [F139has, on their journey to England, travelled only—

(i)on a conveyance which does not carry passengers;

(ii)in an area of a conveyance which is not accessible to passengers; or

(iii)in an area of a conveyance which is accessible to passengers in vehicles, where passengers remain within their vehicles while P is present in that area of the conveyance]; and

(c)P—

(i)does not disembark from or leave the conveyance on which P travelled to England at any time when the conveyance is moored at a port in England or is otherwise stationary in England, or

(ii)travelled to England on the same conveyance on which they left England and did not disembark from or leave that conveyance at any time when it was moored at a port in a country outside the common travel area or was otherwise stationary in such a country.]

[F140(11) In paragraph (10)(b), “passenger” does not include a worker carrying out an essential role 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.]

Textual Amendments

Commencement Information

I6Reg. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

Test requirements: offshore installation workersE+W

F1418.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F142(Self-isolation requirements on arrivals [F143who are Schedule 11-exempt passengers])]E+W

9.—[F144(1) This regulation applies where a person (“P”)—

(a)arrives in England from a category 3 country 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 category 3 country or territory, other than—

(i)a Schedule 11 passenger;

(ii)a Schedule 11-exempt passenger who is a person described in any of the following provisions of Schedule 4—

(aa)paragraph 2 (aircraft crew);

(bb)paragraph 5 (road haulage workers);

(cc)paragraph 8 (seafarers);

(dd)Part 3 (border security duties);

(ee)Part 4 (law enforcement);

(ff)paragraph 20 (defence personnel);

(gg)paragraph 22 (non-disembarking cruise passengers);

(hh)paragraph 23 (non-CTA transit passengers), or

(b)is required to—

(i)undertake a test in accordance with regulation 6 [F145or 7], and

(ii)self-isolate in accordance with paragraph 2 or 3 of Schedule 8 [F146or paragraph 2 or 3 of Schedule 9].]

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

(3) P must self-isolate—

(a)F147...

(i)where P has arrived from outside the common travel area, at an address specified in P's Passenger Locator Form, as required by regulation 3 and paragraph 2(a) of Schedule 6,

[F148(ii)where P—

(aa)is a person described in paragraph 19(1) (diplomats etc.) of Schedule 4, or

(bb)is a person described in paragraph 19(2), (3) or (4) (international organisations etc.) of Schedule 4 who is not required to comply with regulation 3,

at a place at which they intend to self-isolate in England]

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

F149(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F149(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The address specified by P in the Passenger Locator Form pursuant to paragraph 2(a) of Schedule 6 must be—

(a)their home;

(b)the home of a friend or family member;

(c)a hotel, hostel, bed and breakfast accommodation, holiday apartment or home, campsite, caravan park or boarding house, canal boat or any other vessel;

(d)a military site or establishment; [F151or]

(e)accommodation facilitated by the Secretary of State for the purposes of P's self-isolation;

F152(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F153(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F154(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

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

(7) [F155Where P is required to self-isolate in accordance with this regulation, P must] travel directly to the place at which they are to self-isolate, and must then self-isolate until whichever is the earlier of—

(a)the end of the 10th day after the day on which they arrived in England or, if later, the end of any period that applies by virtue of paragraph 2 or 3 of [F156Schedule 8 or paragraph 2 or 3 of Schedule 9; or]

(b)their departure from England; F157...

F157(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F158(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

(d)where P leaves, or is outside of, the place where they are self-isolating in accordance with paragraph (11)(j), from any person (other than a person who is required by paragraph (2) to self-isolate) whose assistance P reasonably requires in order to undertake the test, by reason of —

(i)P being a child, or

(ii)any disability of P's.

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

(a)to provide emergency assistance;

(b)to provide care or assistance, including relevant personal care within the meaning of paragraph 1(1B) or 7(3B) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 M13, to P or to any other person who is living in the place where P is self-isolating;

(c)to provide medical assistance, including to provide any of the services mentioned in paragraph (11)(b), to P or to any other person who is living in the place where P is self-isolating, where this is required urgently or on the advice of a registered medical practitioner;

(d)to provide veterinary services, where this is required urgently or on the advice of a veterinary surgeon;

(e)to provide critical public services, including those mentioned in paragraph (11)(i)(ii);

(f)to administer a test to P in accordance with Schedule 9.

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

(a)to travel in order to leave England, provided that they do so directly (subject to [F159paragraphs 2(9) and 3(1) and (8)] of Schedule 8);

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

(c)to undertake a workforce test required by regulation 7;

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

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

(f)to avoid injury or illness or to escape a risk of harm;

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

(i)a member of P's household,

(ii)a close family member, or

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

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

(i)in exceptional circumstances such as—

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

(ii)to access critical public services, including—

(aa)social services,

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

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

(j)for the purposes of, or connected with, undertaking a test in accordance with Schedule 8 F160...;

F161(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F162(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) If P has arrived from Wales or Scotland and is in England, temporarily, for a reason which would constitute an exception under paragraph (11), P is not required to comply with this regulation.

[F163(15) [F164Unless paragraph (1)(b) applies to P,] if P is a person described in one of the following provisions of Schedule 4—

(a)paragraph 16 (transport of human cells), P is not required to comply with this regulation while undertaking the work described in that paragraph;

(b)paragraph 17 or 18 (essential government work etc.), P is not required to comply with this regulation where the relevant Department has certified under either of those paragraphs in respect of this regulation;

(c)paragraph 19(2), (3) or (4) (international organisations etc.), P is not required to comply with this regulation if the Foreign, Commonwealth and Development Office has given confirmation under that paragraph in respect of this regulation.]

F165(15A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F166(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F166(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F166(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F166(19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I7Reg. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M132006 c. 47. Paragraph 1(1B) of Schedule 4 was inserted by section 64(3) of the Protection of Freedoms Act 2012 (c. 9) and paragraph 7(3B) was substituted by section 66(2) of that Act.

Application of this Part to a person who was required to be in isolation in accordance with Schedule 11 immediately before 4.00 pm on 15th December 2021 and to whom regulation 3L does not applyE+W

F1679A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Further requirements on arrivals from category 3 countries or territoriesE+W

10.—(1) This regulation applies to a person (“P”) where P is a Schedule 11 passenger F168....

(2) P must remain in isolation from others in accordance with, and otherwise comply with the requirements in, Schedule 11.

(3) The address specified by P in the Passenger Locator Form pursuant to paragraph 2(a) of Schedule 6 must be the designated accommodation which is part of the managed self-isolation package booked by or on behalf of P.

Textual Amendments

Commencement Information

I8Reg. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

PART 3E+WEnforcement

Enforcement of requirement to self-isolateE+W

11.—(1) Where an authorised person has reasonable grounds to believe that a person (“P”) has left, or is outside of, the place where P is self-isolating in contravention of [F169regulation F170... 9], Schedule 8 or Schedule 11, the authorised person may—

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

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

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

(2) Where an authorised person has reasonable grounds to believe that P is a Schedule 11 passenger, an authorised person may do any of the following for the purpose of ensuring that P complies with the requirements in Schedule 11—

(a)give a direction to P, including a direction—

(i)that P remain in a particular area of a port to await transportation to accommodation designated for the purposes of Schedule 11,

(ii)that P move to a particular place to board transportation designated for the purposes of Schedule 11,

(iii)that P board transportation designated for the purposes of Schedule 11 to travel to accommodation designated for the purposes of Schedule 11,

(iv)that P remain in the place where P is self-isolating;

(b)remove P to accommodation designated for the purposes of Schedule 11.

(3) Where an authorised person has reasonable grounds to believe that P is a Schedule 11 passenger and that P has committed an offence under regulation 19(1)(a) or (6), the authorised person may—

(a)require P to produce their passport or travel document for examination;

(b)detain P for up to three hours;

(c)search P and any baggage belonging to P or under P's control, or any vehicle in which P has travelled, for evidence, other than items subject to legal privilege, that relates to the possible commission of an offence under regulation 19(6); and

(d)seize and retain any document or article recovered by a search under sub-paragraph (c).

(4) Paragraph (3) does not confer a power—

(a)to detain or search an unaccompanied child; or

(b)to conduct an intimate search.

(5) Any search under paragraph (3) must be conducted by an authorised person of the same gender as P.

(6) Paragraphs (1)(b) and (c), (2) and (3) do not apply where P is a person described in [F171paragraph 19 of Schedule 4 (diplomats etc.)].

(7) An authorised person exercising the power in paragraph (1)(b) or (c), (2)(b) or (3) may use reasonable force, if necessary, in the exercise of the power.

(8) Where P is a child F172..., and has left or is outside of, the place where they are self-isolating and is accompanied by an individual who has responsibility for them—

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

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

(9) Where P is a child F173..., and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with [F174regulation F175... 9] or Schedule 11, the authorised person may direct any individual who has responsibility for P to ensure, so far as reasonably practicable, that P so complies.

(10) An authorised person may only exercise a power in paragraph (1), (2), (8) or (9) if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with [F176regulation F177... 9] or Schedule 11.

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

(a)a constable;

(b)for the purposes of paragraphs (2) and (3) only, an immigration officer; or

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

Textual Amendments

Commencement Information

I9Reg. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Power of entryE+W

12.—(1) A constable may enter premises in order—

(a)to search for a person who is suspected of committing an offence of contravening the requirement in paragraph 10 (duty to self-isolate) of Schedule 11;

(b)to remove a person of the description in sub-paragraph (a) to accommodation designated by the Secretary of State for the purposes of Schedule 11.

(2) The power in paragraph (1) is exercisable if the constable—

(a)has reasonable grounds to believe that a person of the description in paragraph (1)(a) is in or on the premises; and

(b)has a reasonable belief that it is necessary and proportionate to enter the premises for the purposes specified in paragraph (1)(b).

(3) A constable exercising the power in paragraph (1)—

(a)may use reasonable force if necessary; and

(b)may be accompanied by a police community support officer.

(4) A constable exercising the power in paragraph (1)—

(a)if asked by a person on the premises, must show evidence of the constable's identity and outline the purpose for which the power is being exercised; and

(b)if the premises are unoccupied or the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as when the constable found them.

(5) In this regulation, “premises” includes any building or structure and any land.

Commencement Information

I10Reg. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

PART 4E+WRequirements on operators

Passenger information requirementE+W

13.—(1) Subject to the following provisions of this regulation, an operator must ensure that a passenger who arrives at a port in England on a relevant service is provided with the information required by regulation 14 (“the passenger information requirement”) and in the manner required by that regulation at each of the times specified in paragraph (2).

(2) The times are—

F178(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F179(b)where a booking was made for the passenger to travel on the relevant service (“the pre-departure information requirement”)—

(i)at least 24 hours prior to departure of the service, at least 24 hours prior to departure;

(ii)within 24 hours prior to departure of the service, at any point prior to departure; and]

F180(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)while the passenger was on board the vessel, aircraft or train (“the on-board information requirement”).

(3) If another person (A) makes the booking on behalf of the passenger (whether or not A is also a passenger on the relevant service), [F181the pre-departure information requirement] is to be treated as complied with if the required information is provided to A in the required manner before the booking is made, along with a written request that A provide that information to the passenger unless A considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.

F182(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F183(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I11Reg. 13 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Required information and mannerE+W

14.—F184(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F185(2) For the purposes of regulation 13(2)(b) (pre-departure information requirement), the required information—

(a)may be provided orally or in writing;

(b)where provided orally is the information specified in Part 1 of Schedule 12;

(c)where provided in writing is the information specified in Part 1 of Schedule 12 and—

(i)where it is provided by electronic means, a hyperlink to each of the relevant websites;

(ii)where it is provided other than by electronic means, the text of the URLs of each of the relevant websites;

(iii)in any event, must be provided in a way that draws the passenger’s attention to it by being particularly prominent and distinct from other written information provided in relation to the booking.]

F186(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of regulation 13(2)(d) (on-board information requirement), the required information—

(a)must be provided orally before passengers disembark in England;

(b)must be provided in English and an officially recognised language of the country of departure if English is not such a language;

(c)is the information specified in Part 2 of Schedule 12.

(5) In this regulation, “the relevant websites” means the websites listed in Part 3 of Schedule 12.

Textual Amendments

Commencement Information

I12Reg. 14 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Records and informationE+W

15.—(1) An operator must keep records of the steps it has taken to comply with the requirements under regulation 13(1).

(2) An authorised person may request copies of the records and such other information from an operator as is necessary for the authorised person to determine whether the requirements under regulation 13(1) have been complied with.

(3) A request under paragraph (2) must specify the period within which the operator must provide the information to the authorised person.

(4) In this regulation “authorised person” means—

(a)in relation to passengers arriving by sea, the Secretary of State for Transport;

(b)in relation to passengers arriving by air, the Civil Aviation Authority;

(c)in relation to passenger arriving by rail, the Office of Rail and Road.

Commencement Information

I13Reg. 15 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F187Requirement to implement and maintain processes and systemsE+W

15A.—(1) An operator must implement and maintain adequate processes and systems to ensure that passengers arriving in England on relevant services operated by the operator—

(a)are, at the relevant time, in possession of—

(i)a completed Passenger Locator Form, if they are passengers required to comply with regulation 3;

(ii)evidence that they are a person described in Schedule 4, if they claim to be such a person in their Passenger Locator Form;

(iii)a required notification, if they are passengers required to comply with regulation 3ZA;

(iv)eligibility evidence, if they have indicated on their Passenger Locator Form that they meet the COVID-19 vaccination eligibility criteria;

(b)arrive only at designated ports, if they are Schedule 11 passengers.

(2) For the purposes of paragraph (1) a passenger (“P”) is not considered to be required to comply with regulation 3 or 3ZA if the operator, or a person acting on behalf of the operator, might reasonably believe that—

(a)P is not required to comply with the requirement,

(b)P has a reasonable excuse which would protect P from liability for breach of the requirement under regulation 19 (offences, proceedings and information), or

(c)P is being lawfully compelled to travel to the United Kingdom in the course of an extradition, prisoner transfer or deportation.

(3) An operator must retain such records and information as are required to show that they have complied with paragraph (1).

(4) An authorised person may request from an operator copies of such records and information as the authorised person considers are required to determine whether the operator has complied with paragraph (1).

(5) A request under paragraph (4) must specify the period within which the operator must provide the records and information requested.

(6) In determining whether an operator has complied with paragraph (1), an authorised person must have regard to the following matters so far as it has information about them—

(a)the regime by which passengers are checked for compliance with the passenger requirements, together with the approach to retaining contemporaneous evidence obtained as a result of such checks;

(b)the information the operator has collected about passengers who have not complied with a passenger requirement;

(c)the existence and quality of any guidance or training programmes for those involved in the day-to-day operation of the processes and systems;

(d)whether the operator has—

(i)appointed a named contact to assist the authorised person in determining whether the operator has complied with paragraph (1), and

(ii)notified the authorised person of the identity of that contact;

(e)the speed and effectiveness of any response the operator makes to any recommendations made by the authorised person intended to secure the operator’s compliance with paragraph (1);

(f)any failure to comply with a request under paragraph (4);

(g)any other matter the authorised person considers appropriate.

(7) In this regulation—

“authorised person” means—

(a)

in relation to passengers arriving by sea, the Secretary of State for Transport;

(b)

in relation to passengers arriving by air, the Civil Aviation Authority;

(c)

in relation to passengers arriving by rail, the Office of Rail and Road;

“eligibility evidence” means—

(a)

evidence described in regulation 3C(1)(d), 3D(b), 3E(b), 3EA(1)(b), 3F(1)(b) or 3H(1)(a)(ii),

(b)

where P intends to take advantage of the exemption in regulation 3G (P aged under 18 years), evidence of P’s age, or

(c)

a Passenger Locator Form which indicates that P’s vaccine status is: “Vaccine Status: Verified Exempt/Full”;

“relevant time” means—

(a)

if P presents at immigration control at the Channel Tunnel terminal area in France, with the intention of boarding a shuttle service to the United Kingdom, when P so presents;

(b)

if P arrives at a port in England on a relevant service other than a shuttle service, when P so arrives.]

Textual Amendments

Requirement to ensure passengers have completed a Passenger Locator FormE+W

F18816.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirement to ensure passengers possess notification of negative test resultE+W

F18817.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirement to ensure passengers possess evidence of vaccinationE+W

F18817A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirement to ensure that certain passengers arrive only at designated portsE+W

F18818.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F189PART 4AE+WRequirements on private test providers and diagnostic laboratories

Textual Amendments

Requirements on test providersE+W

18A.—(1) A private provider who provides a test for the purposes of regulation F190... 6 (requirement to book and undertake tests) F191... must comply with the requirements set out in the following provisions of Schedule 8 (mandatory testing after arrival in England)—

[F192(a)paragraphs (za) to (m) of paragraph 7(1) (day 2 tests: private provider requirements)]

F193(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F194(c)paragraph 10(5) (requirement for private provider to give test reference number);

(d)paragraph 11(2) (notification of test results)].

F195(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this regulation, “private provider” has the meaning given in paragraph 1(e) of Schedule 8.

Textual Amendments

Requirements on other persons carrying out testing servicesE+W

18B.—(1) A person who carries out an element of a single end-to-end testing service on behalf of a test provider must comply with the requirements set out in the following provisions so far as relevant to the carrying out of that element—

(a)in relation to a F197... test provided for the purposes of regulation [F1986] paragraph [F1997(1)(m)(ii) and (iii)] of Schedule 8;

F200(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F201(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F202(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F203(2) In this regulation, “single end-to-end testing service” has the meaning given by paragraph 7(2) of Schedule 8.]]

Textual Amendments

PART 5E+WOffences, proceedings and information

Offences and penaltiesE+W

19.—(1) A person (“P”) commits an offence where—

(a)without reasonable excuse P contravenes a requirement in regulation 3 (requirement to provide information);

(b)without reasonable excuse P contravenes a requirement in [F204regulation 3ZA] (requirement to possess notification of negative test result);

(c)without reasonable excuse P contravenes a requirement in [F205regulation 6] (requirement to book and undertake tests);

(d)without reasonable excuse P contravenes a requirement in regulation 7 (requirement to undertake workforce tests);

F206(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)P contravenes a requirement in regulation 9 (requirement to self-isolate) F207...;

(g)without reasonable excuse P contravenes a requirement in or imposed under regulation 11 (enforcement of requirement to self-isolate) apart from paragraph (2) of that regulation;

(h)without reasonable excuse P contravenes a requirement in or imposed under regulation 11(2);

(i)without reasonable excuse P contravenes a requirement in paragraph 5 or 16(a), so far is it relates to paragraph 5, of Schedule 11 (requirement to possess managed self-isolation package);

[F208(iza)without reasonable excuse, P contravenes a requirement in paragraph 3(2A) of Schedule 8, or paragraph 3(1A) of Schedule 9;]

[F209(ia)without reasonable excuse P contravenes a requirement in paragraph 16(aa) of Schedule 11 (requirement for responsible adult to quarantine with child);]

[F210(ib)without reasonable excuse P contravenes a requirement in paragraph 18A of Schedule 11 (requirement to provide contact details);

(ic)without reasonable excuse P contravenes a requirement in paragraph 18B of Schedule 11 (requirement to self-isolate with P);

(id)without reasonable excuse P contravenes a requirement in paragraph 18C of Schedule 11 (requirement on employers of self-isolating workers);]

(j)P contravenes any other requirement in Schedule 11 (except paragraph 15); or

(k)without reasonable excuse P contravenes a requirement in paragraph 4 of Schedule 9 (employers' obligations relating to workforce tests).

(2) But P does not commit an offence where P contravenes a requirement in—

(a)paragraph (1), (2), (3) or (4) of [F211regulation 3ZA], if P reasonably believed at the time of the contravention that the notification of a negative result was valid and from a qualifying test;

(b)regulation 9 in the circumstances described in paragraph (9)(d), (10)(f) [F212or (11)(j)] of that regulation, if P reasonably believed at the time of the contravention that the test was [F213a day 2 test (within the meaning of regulation 6(12)(a) or a workforce test (within the meaning of regulation 7(6)(b)]; or

[F214(c)Schedule 11—

(i)in paragraph 3, if P enters England at a place other than a designated port in the circumstances specified in regulation 18(2), or

(ii)in paragraphs 5 to 7 or 10, if accommodation or transport booked is no longer available for reasons beyond the P’s control.]

(3) For the purposes of paragraph (1)(b), reasonable excuses include, in particular, where—

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

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

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

(d)P contracted coronavirus and required emergency medical treatment;

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

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

(g)the time it has taken P to travel from the country or territory where P began the journey to the country or territory of their last point of departure prior to arriving in England meant that it was not reasonably practicable for P to meet the requirement in paragraph 1(c) of Schedule 7, and it was not reasonably practicable for P to obtain a qualifying test in P's last point of departure [F215;

(h)P undertook a qualifying test on board the cruise ship on which P arrived in England, the result of that test was positive, and it was not reasonably practicable for P to disembark in a country or territory other than England].

(4) For the purposes of paragraph (1)(c)—

(a)reasonable excuses for contravening [F216[F217regulation] 6(3), (4), or (5)] include, in particular, where—

(i)it was not reasonably practicable for P to book a test due to a disability,

(ii)P reasonably considered before arriving in England that it would not be reasonably practicable for P (or, as the case may be, the child for whom P has responsibility) to provide a sample for a test in accordance with [F218regulation F219... 6] due to a disability,

(iii)P required medical treatment with such urgency that booking a test was not reasonably practicable,

(iv)P was accompanying, in order to provide support, whether medical or otherwise, a person described in paragraph (i) or (iii) where it was not reasonably practicable for P to book a test,

(v)P began the journey to England in a country or territory in which P did not have reasonable access to the facilities or services required to book a test, with or without payment, and such facilities or services were not reasonably accessible in P's last point of departure if this was different to where P began the journey;

(b)reasonable excuses for contravening [F220[F221regulation] 6(6)] include, in particular, where—

(i)it is not reasonably practicable for P to undertake a test due to a disability,

(ii)P requires medical treatment with such urgency that undertaking a test is not reasonably practicable,

(iii)a test is cancelled for reasons beyond P's control,

(iv)P has left England in accordance with regulation [F2229(11)(a)], or left the common travel area in accordance with paragraph 13(a) of Schedule 11.

(5) For the purposes of paragraph (1)(d), reasonable excuses for contravening regulation 7 include, in particular, where—

(a)it is not reasonably practicable for P to undertake a test due to a disability;

(b)P requires medical treatment with such urgency that undertaking a test is not reasonably practicable;

(c)a test is cancelled for reasons beyond P's control;

(d)P has left England;

(e)P is employed as air crew and is undertaking a rest period for a continuous, uninterrupted and defined period of time, following duty or prior to duty, during which P is free of all duties, standby or reserve (and for these purposes, “duties” “standby” and “reserve” have the meanings given in paragraph ORO.FTL.105 of Commission Regulation (EU) No. 965/2012).

[F223(5A) For the purposes of paragraph (1)(ic), reasonable excuses for contravening paragraph 18B (requirement to self-isolate with P) of Schedule 11 include, in particular, where it is necessary for the person (“B”) to leave the place where they are self-isolating—

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

(b)to access veterinary services, where this is required urgently or on the advice of a veterinary surgeon;

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

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

(e)to attend a funeral of B’s household or a close family member;

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

(g)to access critical public services, including—

(i)social services;

(ii)services provided to victims (such as victims of crime);

(h)to attend a testing site to take a test for the detection of coronavirus;

(i)to accompany a child (“C”) for whom B is a responsible adult to a testing site, so that C can take a test for the detection of coronavirus;

(j)to post a completed home test for the detection of coronavirus or antibodies to coronavirus carried out by B, or any person living in the same household as B, in accordance with the postal testing scheme operated on behalf of the Secretary of State.]

(6) A person who intentionally or recklessly provides false or misleading passenger information, except for reasons of national security, commits an offence.

[F224(6A) A person (“P”) who knowingly gives false information pursuant to F225... paragraph 3(2A) of Schedule 8 [F226or paragraph 3(1A) of Schedule 9] commits an offence.

F227(6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(7) An operator commits an offence where it fails to comply with the requirements in—

(a)regulation 13(1);

[F228(aa)regulation 15A(1);]

F229(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F229(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F229(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F229(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F229(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In relation to the offence in paragraph (7)(a) and the requirement to provide information at the [F230time set out in regulation 13(2)(b)] it is a defence if the operator can demonstrate that—

(a)the booking or check-in process was not managed directly by the operator; and

(b)the operator took reasonable steps to ensure that the person managing the process would provide the required information at that time and in the required manner.

F231(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F231(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F231(10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F231(10B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F231(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) If, following the coming into force of any provision which amends the information required to be provided by regulation 14, an operator provides information to a passenger that would have complied with the requirements in regulation 13(1) but for the coming into force of that amending provision, it is a defence for the operator to show that it was not reasonably practicable for the amended information to be provided.

(13) An operator who, without reasonable excuse, fails to comply—

(a)with the requirement to keep records in regulation 15(1); or

(b)with a request under regulation 15(2) to provide records or information within the period specified for the purposes of regulation 15(3),

commits an offence.

[F232(13A) An operator who without reasonable excuse fails to comply—

(a)with the requirement to [F233retain records and information in regulation 15A(3)]; or

(b)with a request under regulation [F23415A(4)] to provide [F235records and information] within the period specified for the purposes of regulation [F23615A(5)],

commits an offence.]

[F237(13B) A person who, without reasonable excuse, contravenes a requirement in—

(a)regulation 18A(1) F238... F239 (requirements on test providers); or

(b)regulation 18B(1) (requirements on other persons carrying out testing services),

commits an offence.]

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

(15) An offence under paragraph (13) is punishable on summary conviction by a fine not exceeding level 4 on the standard scale.

(16) An offence under these Regulations apart from under paragraph (13) is punishable on summary conviction by a fine.

(17) Section 24 of the Police and Criminal Evidence Act 1984 M14 applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—

(a)to maintain public health;

(b)to maintain public order.

F240(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F241(19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I14Reg. 19 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M141984 c. 60. Section 24 was substituted by section 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).

Fixed penalty noticesE+W

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

(a)has committed an offence specified in regulation 19; and

(b)if an individual, is aged 18 or over.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the designated officer.

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

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

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

(4) A fixed penalty notice must—

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

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

(c)specify the amount of the fixed penalty in accordance with Schedule 14;

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

(e)specify permissible methods of payment.

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

(6) Where a letter is sent as described in paragraph (5), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(7) Paragraph (5) does not apply in the case of—

(a)an offence under regulation 19(7); or

(b)and offence under regulation 19(14) (obstruction) in relation to an offence under regulation 19(7).

[F242(7A) Where—

(a)a fixed penalty notice has been issued in respect of an offence under regulation 19(7)(aa) and paid in accordance with this regulation, and

(b)the breach of the requirements amounting to the offence in respect of which the fixed penalty notice was issued continues,

an authorised person may issue another fixed penalty notice in relation to the offence (and the provisions of this regulation apply to that fixed penalty notice).]

(8) In any proceedings, a certificate that—

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

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

is evidence of the facts stated.

(9) For the purposes of this regulation—

(a)other than in relation to an operator offence [F243or a test provision offence], “authorised person” means—

(i)a constable,

(ii)an immigration officer, but only in relation to the issue of a fixed penalty notice in respect of an information offence or an offence described in regulation 19(1)(a), (b), (c), (g), (h), (i), (j), (5) and (6), or

(iii)a person designated by the Secretary of State for the purposes of this regulation;

(b)in relation to an operator offence, “authorised person” means—

(i)in relation to passengers arriving by sea, the Secretary of State for Transport,

(ii)in relation to passengers arriving by air, the Civil Aviation Authority,

(iii)in relation to passenger arriving by rail, the Office of Rail and Road;

[F244(ba)in relation to a test provision offence, “authorised person” means the local authority in whose area the offence is alleged to have been committed and for the purposes of this sub-paragraph—

(i)the reference to “local authority” includes a reference to a county council;

(ii)a county council for an area for which there is also a district council is to be regarded, with respect to its functions under this regulation, as a relevant health protection authority for the purposes of the Public Health (Control of Disease) Act 1984;]

(c)“the designated officer” means—

(i)in relation to an offence other than an operator offence [F245or a test provision offence], an officer designated by the Secretary of State for the purposes of this regulation,

(ii)in relation to an operator offence [F246or a test provision offence], the authorised person;

(d)“operator offence” means an offence—

(i)under regulation 19(7),

(ii)under regulation 19(13), F247...

[F248(iia)under regulation [F24919(13A)], or]

(iii)under regulation 19(14) (obstruction) in relation to a function relating to an offence under regulation 19(7);

[F250(e)“test provision offence” means an offence—

(i)under regulation 19(13B), or

(ii)under regulation 19(14) in relation to a function relating to an offence under regulation 19(13B)]

Textual Amendments

Commencement Information

I15Reg. 20 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

ProsecutionsE+W

21.—(1) Proceedings for an offence under these Regulations, apart from an operator offence [F251or a test provision offence], may be brought by the Crown Prosecution Service and any person designated by the Secretary of State.

(2) Proceedings for an operator offence [F252or a test provision offence] may be brought by an authorised person.

(3) In this regulation—

[F253(a)“authorised person”—

(i)in relation to an operator offence, has the meaning given by regulation 20(9)(b);

(ii)in relation to a test provision offence, has the meaning given by regulation 20(9)(ba);]

(b)“operator offence” means an offence—

(i)under regulation 19(7),

(ii)under regulation 19(13),

[F254(iia)regulation 19(13A),]

(iii)under regulation 19(14) (obstruction) in relation to a function relating to an offence under regulation 19(7), or

[F255(iv)under paragraph 6 or 7(3) of Schedule 13;]

[F256(c)“test provision offence” has the meaning given by regulation 20(9)(e)]

Textual Amendments

Commencement Information

I16Reg. 21 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Power to use and disclose informationE+W

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

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

(a)information provided on the Passenger Locator Form;

(b)DA information received for a purpose described in paragraph (4)(a)(i);

F257(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)where a person (“P”) is required to self-isolate under these Regulations—

(i)the details of any such period of self-isolation (including the start and end dates of that period and the reason it was imposed),

(ii)a copy of any notice given to P which contains information about the requirement to self-isolate,

(iii)information generated where P books, or attempts to book, accommodation as part of a managed self-isolation package,

(iv)the details of any location in which P undertakes any period of managed self-isolation (including the name and address of the location),

(v)information relating to P obtained by A in the course of providing accommodation [F258to P] pursuant to a managed self-isolation package (including P's room number, the personal details of any of P's co-habitants, and the details of any absence of P, authorised or otherwise, from the place where P is self-isolating),

(vi)information relating to P obtained by A in the course of providing transport to a location at which P undertakes, or is due to undertake, any period of managed self-isolation,

(vii)information relating to P obtained by A in the course of providing any service in connection with a managed self-isolation package;

(e)where P is required to obtain [F259a test or a testing package or undertake a test under [F260regulation] 6] or Schedule 8—

(i)information generated where P books, or attempts to book, F261[F262... a testing package for the purposes of [F263regulation] 6],

(ii)a copy of any notice given to P which contains information about the requirement to book F264[F265... a testing package] or to undertake a test,

(iii)information A obtained under paragraph 10(3) or (4) of Schedule 8,

(iv)the results of a test undertaken by P in accordance with Schedule 8 (whether or not that test was provided as part of a testing package),

(v)information obtained by A in the course of providing a test that falls within paragraph (iv) and is undertaken, or in the course of arranging for such a test to be undertaken, by P (including confirmation that the test was undertaken, details of when and where it was undertaken, any reasons for a test not be being undertaken and the details of any replacement test to be undertaken);

(f)information provided to an immigration officer pursuant to regulations [F2663(7), 3ZA(4) F267...] or 6(11);

(g)where a sample taken in respect of a day 2 test under [F268[F269regulation] 6] has been sequenced, the sorted BAM file relating to that sample containing all reads aligning to the SARS-CoV-2 reference genome with unaligned and human reads removed;

(h)information provided by, or on behalf of, A by way of explanation for failing to comply with regulation 3, [F270 3ZA F271... F272...] or 6, or paragraph 3 of Schedule 8; or

(i)information about any steps taken in relation to A, including details of any fixed penalty notice issued under these Regulations.

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

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

(b)for the purpose of—

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

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

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

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

(4) Subject to paragraph (7), A may only disclose relevant information to another person (the “recipient”) where it is necessary for the recipient to have the information —

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

(i)these Regulations, or

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

(b)for the purpose of—

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

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

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

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

(5) A constable or a person responsible for arranging or providing services (including security services) in respect of accommodation as part of a managed self-isolation package may, where necessary for the purpose of carrying out a function under these Regulations, request [F273from P] the following information—

(a)confirmation that P possesses a testing package for the purposes of regulation 6 F274... and the details of that testing package F275... (including the time and date of the [F276test or] tests);

(b)confirmation that P has undertaken any test in accordance with a testing package F277... and, if not, an account of the reasons;

(c)the result of any test P has undertaken in accordance with a testing package F278....

(6) Subject to paragraph (8), disclosure which is authorised by this regulation does not breach—

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

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

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

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

(9) For the purposes of this regulation—

(a)“data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018 M15;

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

(c)“managed self-isolation” means self-isolation in accordance with Schedule 11.

Textual Amendments

Commencement Information

I17Reg. 22 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M152018 c. 12; relevant amendments to the definition of “data protection amendment” were made by S.I. 2019/419.

Self-incriminationE+W

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

(2) In criminal proceedings against the person—

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

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

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

(a)an offence under these Regulations;

(b)an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath) M16;

(c)an offence under section 1 of the Fraud Act 2006 (fraud) M17.

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

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

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

Commencement Information

I18Reg. 23 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M161911 c. 6. Section 5 was amended by section 1(2) of the Criminal Justice Act 1948 (c. 58).

PART 6E+WFinal provisions

Review of need for requirementsE+W

24.  The Secretary of State must review the need for the requirements imposed by these Regulations by 14th June 2021 and at least once every 28 days thereafter.

Commencement Information

I19Reg. 24 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Expiry of RegulationsE+W

25.  These Regulations expire at the end of 16th May 2022.

Commencement Information

I20Reg. 25 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Revocations, transitional provision consequential amendments and savingsE+W

26.—(1) The following Regulations are revoked—

(a)the Health Protection (Coronavirus, Public Health Information for International Passengers) (England) Regulations 2020 M18;

(b)the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the International Travel Regulations”) M19; and

(c)the Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021 M20.

(2) Schedule 15 makes consequential amendments to other instruments specified in that Schedule.

(3) Schedule 16 makes transitional provisions.

(4) Nothing in these Regulations applies in relation to a person who arrived in England before 4.00 a.m. on 17th May 2021 (and accordingly, the regulations mentioned in paragraph (1) continue to have effect in relation to such a person).

Commencement Information

I21Reg. 26 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

Signed by authority of the Secretary of State

Robert Courts

Parliamentary Under Secretary of State

Department for Transport

SCHEDULES

Regulation 2(1)

F279SCHEDULE 1E+WCategory 1 countries and territories

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

Textual Amendments

Regulation 2(1)

SCHEDULE 2E+WCategory 2 countries and territories

Commencement Information

I22Sch. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

E+W

Any country or territory outside the common travel area not listed in Schedule 1 or Schedule 3.

Regulation 2(1)

SCHEDULE 3E+WCategory 3 countries and territories

Commencement Information

I23Sch. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F280There are no countries or territories specified in this Schedule.]

Textual Amendments

Regulation 2(5)

[F281SCHEDULE 4E+WExemptions

Textual Amendments

Seasonal and temporary horticultural and food processing workersE+W

1.—(1)  A person who has an offer of employment—E+W

(a)for seasonal work to carry out specified activities in horticulture at specified premises;

(b)to carry out specified pork processing activities at specified premises.

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

(a)“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,

(vii)bulbs and cut flowers grown outdoors and indoors,

(viii)pot plants, including seasonal bedding plants,

(ix)hardy ornamental nursery stock, including Christmas trees,

(x)trees and saplings in tree and forest nurseries;

(b)“seasonal work” is employment which fluctuates or is restricted due to the season or time of the year;

(c)“specified activities” means—

(i)crop cultivation,

(ii)crop maintenance,

(iii)crop harvesting,

(iv)crop husbandry,

(v)tunnel construction and dismantling,

(vi)irrigation installation and maintaining,

(vii)packing and processing of crops on employer’s premises,

(viii)preparing and dismantling growing areas and media,

(ix)general primary production work in horticulture,

(x)activities relating to supervising teams of horticulture workers;

(d)“specified premises” means the farm, nursery or glasshouse named in the offer of employment.

(3) For the purposes of sub-paragraph (1)(b)—

(a)“specified pork processing activities” means—

(i)slaughtering and butchering pigs,

(ii)preparing and processing pig meat;

(b)“specified premises” means the slaughterhouse, processing site or farm named in the offer of employment.

PART 2E+WTransport workers

2.—(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 an 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 under 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;

(iv)returning to the United Kingdom following work as a member of aircraft crew outside of the United Kingdom;

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

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

4.—(1) A road passenger transport worker where they have travelled to the United Kingdom in the course of their work.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;

(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.

5.—(1) A road haulage worker where they have travelled to the United Kingdom in the course of their work.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;

(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.

6.  Operational, rail maintenance, safety and security workers working on the tunnel system who have travelled to the United Kingdom in the course of their work.E+W

7.  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.

8.—(1) A seafarer.E+W

(2) For the purposes of this paragraph—

(a)“seafarer” means—

(i)a seaman or master, 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,

(ii)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, or

(iii)an inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995, 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.

(b)“the Maritime Labour Convention, 2006” means the Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organisation;

(c)“the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14th June 2007 by the International Labour Organisation.

9.—(1) A person who has travelled to the United Kingdom in the course of their work carrying out an essential role at a port for the safe or efficient operation of ferry services which cannot be done remotely.E+W

(2) In sub-paragraph (1), “ferry services” means the services operating on any maritime shipping routes between England and Belgium, Denmark, France, Germany, Ireland, the Netherlands, Spain or Sweden where the service is or will be operated at least once a week.

10.—(1) A government contractor who—E+W

(a)is employed or engaged to provide support and advice—

(i)about border controls and preparedness for those controls,

(ii)to road haulage workers, and

(iii)on board a vessel during any voyage between a port in England and the port of Bilbao, Caen, Calais, Cherbourg, Dieppe, Dunkirk, Hook of Holland, Rotterdam or Santander, and

(b)has travelled to the United Kingdom in the course of that work.

(2) For the purposes of sub-paragraph (1), “road haulage worker” has the meaning given in paragraph 5(2)(c).

PART 3E+WBorder security duties

11.—(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; 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), “essential government work” means work which has been designated as such by the relevant Department or employer.

12.  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; 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.

PART 4E+WLaw enforcement

13.   An official of a foreign police force, required to travel to the United Kingdom to undertake policing activities, or a contractor directly supporting policing activities, where the relevant Department or police force in the United Kingdom has certified that the activities are essential to the foreign police force.E+W

14.  A person responsible for escorting a person for the purposes of the Repatriation of Prisoners Act 1984, the Colonial Prisoners Removal Act 1884 or the Extradition Act 2003.E+W

15.  A person who is being lawfully compelled to travel to the United Kingdom in the course of an extradition, prisoner transfer or deportation.E+W

PART 5E+WOther work-related exemptions

16.—(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 healthcare provider.E+W

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

(a)“blood” includes blood components;

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

17.—(1) Any person in respect of whom the relevant Department has certified—E+W

(a)as being a person who is—

(i)a Crown servant or government contractor who is required to undertake essential government work or essential policing whilst in the United Kingdom or is returning from conducting such work outside of the United Kingdom,

(ii)a person who is required to undertake essential state business in the United Kingdom or is returning from conducting such business outside of the United Kingdom, or

(iii)a person returning to the United Kingdom where this is necessary to facilitate essential government operations and includes, in particular, 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, and

(b)that, as a result, the person cannot reasonably comply with the requirements of one or more of the following—

(i)regulation 3ZA (requirement to possess notification of negative test result);

(ii)regulation 6 (requirement to book and undertake tests);

(iii)regulation 9 (self-isolation requirements on arrivals [F282who are Schedule 11-exempt passengers]);

(iv)Schedule 11 (additional measures applicable to arrivals from category 3 countries and territories).

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

(a)“consular post” means any consulate-general, consulate, vice-consulate or consular agency;

(b)“essential government operations” 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, activity relating to 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;

(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 11 of this Schedule (essential work related to the United Kingdom border);

(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.

Textual Amendments

18.—(1) Any person in respect of whom the relevant Department has certified—E+W

(a)as being a person who is required to undertake essential or emergency work in the United Kingdom which is necessary to facilitate essential government work, or is returning from undertaking such work outside of the United Kingdom, and

(b)that, as a result, the person cannot reasonably comply with the requirements of one or more of the following—

(i)regulation 3ZA (requirement to possess notification of negative test result);

(ii)regulation 6 (requirement to book and undertake tests);

(iii)regulation 9 (self-isolation requirements on arrivals [F283who are Schedule 11-exempt passengers]);

(iv)Schedule 11 (additional measures applicable to arrivals from category 3 countries and territories).

(2) For the purposes of sub-paragraph (1) “essential government work” has the same meaning as in paragraph 17.

Textual Amendments

19.—(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)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;

(d)a sovereign or other head of State who enjoys immunities and privileges by virtue of the State Immunity Act 1978;

(e)a member of the family forming part of the household of a person falling within any of paragraphs (a) to (d);

(f)a diplomatic courier or a consular courier.

(2) A person (“P”) described in paragraph (a) of sub-paragraph (5) who meets the conditions set out in sub-paragraph (6).

(3) A person (“P”) who is travelling to the United Kingdom to conduct official business who—

(a)if P is described in paragraph (b) to (e) of sub-paragraph (5), meets the conditions set out in sub-paragraph (7);

(b)if P is described in paragraph (f) of sub-paragraph (5), meets the conditions set out in sub-paragraph (8).

(4) A person (“P”) described in paragraphs (f) to (h) of sub-paragraph (5) who is travelling to the United Kingdom to conduct official business with the United Kingdom and meets the conditions set out in sub-paragraph (9).

(5) A person who—

(a)enjoys relevant immunities and privileges in the United Kingdom and is not described in sub-paragraph (1);

(b)is an officer or servant of an international organisation;

(c)is employed by an international organisation as an expert or on a mission;

(d)is a representative to an international organisation;

(e)is a member of the official staff of a representative to an international organisation;

(f)is a representative of a foreign country or territory;

(g)is a representative of the government of a British overseas territory;

(h)is a specified person.

(6) The conditions referred to in sub-paragraph (2) are that—

(a)the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is travelling to the United Kingdom, the office held by P, the capacity in which P is travelling to the United Kingdom and that the person considers that one or more of the relevant provisions does not apply to P, and

(b)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person referred to in paragraph (a) that it considers P to fall within the description in sub-paragraph (5)(a) and that one or more of the relevant provisions do not apply to P.

(7) The conditions referred to in sub-paragraph (3)(a) are that—

(a)the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work and that P cannot reasonably undertake the relevant work while complying with one or more of the relevant provisions, and

(b)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person referred to in paragraph (a) that it considers P to be travelling to the United Kingdom to conduct the relevant work and that P cannot reasonably undertake the work while complying with one or more of the relevant provisions.

(8) The conditions referred to in sub-paragraph (3)(b) are that—

(a)the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that—

(i)P is required to undertake relevant work relating to—

(aa)essential maintenance and repair of an information technology or security system necessary for the functioning of a mission or consular post in the United Kingdom which represents the relevant foreign country, or

(bb)the holding of an election or referendum in accordance with the laws or regulations of a foreign country or territory, and

(ii)P cannot reasonably undertake the relevant work while complying with one or more of the relevant provisions, and

(b)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person referred to in paragraph (a) that it considers P to be travelling to the United Kingdom to conduct the relevant work and that P cannot reasonably undertake the work while complying with one or more of the relevant provisions.

(9) The conditions referred to in sub-paragraph (4) are that—

(a)where P is not a specified person—

(i)the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work and that P cannot reasonably undertake the relevant work while complying with one or more of the relevant provisions, and

(ii)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person referred to in paragraph (a)(i) that P is travelling to the United Kingdom to conduct official business with the United Kingdom and that P cannot reasonably undertake the work while complying with one or more of the relevant provisions;

(b)where P is a specified person—

(i)P has been invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs; and

(ii)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to P that they are travelling to the United Kingdom to conduct official business with the United Kingdom and cannot reasonably conduct that business while complying with one or more of the relevant provisions.

(10) 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, 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;

(g)“relevant immunities and privileges” means inviolability, immunity from arrest or detention, or any immunity or privilege with equivalent effect which is accorded to any person under the law of England and Wales;

(h)“relevant provisions” means—

(i)regulation 3 (requirement to provide passenger information);

(ii)regulation 3ZA (requirement to possess notification of negative test result);

(iii)regulation 6 (requirement to book and undertake tests);

(iv)regulation 9 (self-isolation requirements on arrivals [F284who are Schedule 11-exempt passengers]);

(v)Schedule 11 (additional measures applicable to arrivals from category 3 countries and territories);

(i)“relevant work” means—

(i)where P is a person described in sub-paragraph (5)(b), (c), (d) or (e), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the functioning of the relevant international organisation;

(ii)where P is a person described in sub-paragraph (5)(f), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the foreign country represented by the relevant mission or consular post in the United Kingdom or the foreign territory represented by the relevant office in the United Kingdom (as the case may be);

(iii)where P is a person described in sub-paragraph (5)(g), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the relevant British overseas territory;

(j)“specified person” means a person who is a member of the democratic opposition in a foreign country or territory, a member of a political party in a foreign country or territory, or who undertakes activities in a foreign country or territory that support government policy related to national security, the promotion and protection of human rights, the mitigation of, or adaptation to, climate change, the maintenance of international peace and security, or the maintaining or enhancing of biodiversity;

(k)“stipulated person” means—

(i)where P is a person described in sub-paragraph (5)(a), the head of the relevant international organisation, the relevant head of the mission or head of consular post in the United Kingdom or the relevant head of the office representing a foreign territory in the United Kingdom (as the case may be);

(ii)where P is a person described in sub-paragraph (5)(b), (c), (d) or (e), the head of the relevant international organisation;

(iii)where P is a person described in sub-paragraph (5)(f), the relevant head of the mission or head of consular post in the United Kingdom or the relevant head of the office representing a foreign territory in the United Kingdom (as the case may be);

(iv)where P is a person described in sub-paragraph (5)(g), the relevant Governor of a British overseas territory.

(11) Any exemption provided for in this Schedule or any other provision of these Regulations from the duties that arise under Parts 1 or 2 of these Regulations is without prejudice to any immunity or privilege which is accorded to any person under the law of England and Wales.

Textual Amendments

20.—(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;

(b)has travelled from a point of origin within the common travel area or from a category 2 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 category 3 country or territory; or

(c)has undertaken a continuous period of at least 10 days ending with the day immediately preceding the day of their arrival in the United Kingdom aboard a vessel operated by or in support of Her Majesty’s Naval Service or by, or in support of, a visiting force, where they have not disembarked and that vessel has not taken on any persons or docked in any port outside of the common travel area for a period of at least 10 days ending with the day of its arrival in the United Kingdom.

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

(a)“defence” has the meaning given in section 2(4) of the Official Secrets Act 1989;

(b)“visiting force” means any body, contingent or detachment of the forces of a country, being a body, contingent or detachment for the time being present in the United Kingdom (including United Kingdom territorial waters), on the invitation of Her Majesty’s Government in the United Kingdom.

21.  An in-flight security officer deployed pursuant to an international agreement to which the United Kingdom is a party.E+W

PART 6E+WOther exemptions

22.—(1) A non-disembarking cruise passenger.E+W

(2) For the purposes of sub-paragraph (1), “non-disembarking cruise passenger” means a person, including a crew member, who travels to a port in England on a cruise ship but does not disembark from the cruise ship at any point while it is—

(a)moored at a port in England, or

(b)in the territorial waters adjacent to England.

23.—(1) A non-CTA transit passenger.E+W

(2) For the purposes of sub-paragraph (1), “non-CTA 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.

24.—(1) A CTA transit passenger.E+W

(2) For the purposes of sub-paragraph (1), “CTA transit passenger” means a person other than a Schedule 11 passenger who on arrival in the United Kingdom—

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

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

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

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

25.—(1) A short-stay cruise passenger.E+W

(2) For the purposes of sub-paragraph (1), “short-stay cruise passenger” means a person other than a Schedule 11 passenger who arrives in England on a cruise ship and is due to depart from England on the same cruise ship within 48 hours of their arrival.]

Regulation 3(12)

F285SCHEDULE 4AE+W

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

Textual Amendments

Paragraph 44(2) of Schedule 4

F286SCHEDULE 5E+WList of sporting events

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

Textual Amendments

Regulation 3(1)

SCHEDULE 6E+WPassenger information

[F287PART 1E+WInformation to be provided by all passengers]

Textual Amendments

1.  Personal details of the passenger—E+W

(a)their full name;

F288(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)their date of birth;

[F289(ca)their nationality;

(cb)their travel document type;]

(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.

Textual Amendments

Commencement Information

I24Sch. 6 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

2.  Journey details of the passenger—E+W

(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 9 [F290or 10] (requirement to self-isolate), they intend to self-isolate and including, where regulation [F29110] 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 10 days beginning on the day after the date of their arrival in the United Kingdom;

(b)the date, or planned date, as appropriate of their arrival at an address specified in subparagraph (a);

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

F292(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)their coach number;

(f)the flight number or vessel name;

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

(h)the country or territory they are travelling from;

F293(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)any other country or territory they have departed from or transited through in the period beginning with the 10th day before the date of their arrival in England, and in any such case, the dates of departing from or transiting through any such country or territory;

F293(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(m)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 or territory,

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

F294(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)the flight number or vessel name for their onward journey,

(vi)the coach number for their onward journey.

Textual Amendments

Commencement Information

I25Sch. 6 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

F2953.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F296PART 2E+WInformation to be provided by eligible travellers only]

Textual Amendments

[F2973A.  Where the passenger meets the COVID-19 vaccination eligibility criteria F298..., and indicates that on the Passenger Locator Form, the fact that the passenger meets those criteria.]E+W

Textual Amendments

[F299PART 3E+WInformation to be provided by passengers other than eligible travellers only]

Textual Amendments

F3004.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

5.  Where F301... regulation 6 (requirement to book and undertake tests) requires a testing package—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 10(5) of Schedule 8.

Textual Amendments

Commencement Information

I26Sch. 6 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F302regulation 3ZA]

SCHEDULE 7E+WTesting before arrival in England

Textual Amendments

Compliant testsE+W

1.  A test complies with this paragraph if—

(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 [F303two] days before—

(i)in the case of that person travelling to England on a commercial transport [F304service that—

(aa)does not involve the person transiting through a country or territory, the service’s scheduled time of departure;

(bb)involves the person transiting through a country or territory, the scheduled time of departure of the first part of the service], or

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

Textual Amendments

Commencement Information

I27Sch. 7 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F3051A.  For the purposes of paragraph 1, a person transits through a country or territory if they arrive in that country or territory for the sole purpose of continuing a journey to England—

(a)on a conveyance other than the conveyance on which they arrived, or

(b)on the same conveyance, having temporarily disembarked from it.]

Textual Amendments

Form of notification of negative resultE+W

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

(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 [F306or, where the notification is issued by an approved third country or territory, the country or territory in which the test was carried out];

(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

Commencement Information

I28Sch. 7 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Persons not required to comply with [F307regulation 3ZA] E+W

F3083.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 6(10)

SCHEDULE 8E+WMandatory testing after arrival in England

Interpretation of this ScheduleE+W

1.—(1) In this Schedule—

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

(i)in the case of a non-Schedule 11 passenger, the period specified in paragraph (7)(a) of regulation 9 (requirement to self-isolate),

(ii)in the case of a Schedule 11 passenger, the period specified in paragraph 10(a) of Schedule 11;

(b)“mandatory test” means a day 2 test or a day 8 test within the meaning of regulation 6(12);

(c)“non-Schedule 11 passenger” means a person to whom regulation 9 applies;

[F309(d)“P”—

(i)means a person required to undertake a mandatory test under regulation 6 (requirement to book and undertake tests), and

F310(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(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 11 passenger, regulation [F31110] and Schedule 11,

(ii)in relation to a non-Schedule 11 passenger, regulation 9.

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

(a)regulation 19 (offences and penalties) applies in relation to that requirement as it applies in relation to the relevant self-isolation provisions;

F312(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I29Sch. 8 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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

2.—(1) Sub-paragraph (2) applies where P is [F313a person described in regulation 5(1)(b) or (c)] and—

(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) Where this sub-paragraph applies, 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.

F314(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F315(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F316(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F317(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F318(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) 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.

[F319(9) Where P is required to self-isolate in accordance with regulation 9 under this paragraph, regulation 9(11)(a) (departing from England) does not apply to P.]

Textual Amendments

Commencement Information

I30Sch. 8 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Consequences of test resultsE+W

3.—(1) [F320Where P is a person described in regulation 5(1)(b) or (c) and] a mandatory test undertaken by P in accordance with regulation 6 generates a positive result—

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

(i)regulation 9(11)(a) or, as the case may be, paragraph 13(1)(a) of Schedule 11 (leaving self-isolation to travel in order to leave England), [F321and]

F322(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F323(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F324(2A) Where P is required to self-isolate under this paragraph, P must, on request by a relevant person, notify the relevant person of the name of each person living in the same household as P.

(2B) In sub-paragraph (2A), “relevant person” means—

(a)the Secretary of State;

(b)a person who is employed or engaged for the purposes of the health service (within the meaning of section 275 of the National Health Service Act 2006) in communicable disease control; or

(c)a person employed or engaged by a local authority, including a county council, in communicable disease control,]

(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) [F325Where P is a person described in regulation 5(1)(b) or (c) and] 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 [F326P is a person described in regulation 5(1)(b) or (c) and] 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 6.

F327(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F328(6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F329paragraph 8],

(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).

[F330(8) Where P is required to self-isolate in accordance with regulation 9 under this paragraph, regulation 9(11)(a) (departing from England) does not apply to P.]

Textual Amendments

Commencement Information

I31Sch. 8 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Optional testsE+W

F3314.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Tests other than in accordance with these RegulationsE+W

F3325.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Day 2 tests: general test requirementsE+W

6.—(1) For the purposes of [F333regulation 6(12)(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—

(i)in respect of—

(aa)a non-Schedule 11 passenger, on or after 1st March 2021;

(bb)a Schedule 11 passenger, on 1st or 2nd March 2021,

[F334(cc)a person who is required under regulation 6 to take a day 2 test;]

(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 11 passenger, 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 [F335greater than or equal to 99% (or 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

(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)—

(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;

[F336(b)“validated”, in relation to a device, means confirmed as having the 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)a laboratory which is accredited to ISO standard 15189 or ISO/IEC standard 17025i by—

(aa)the United Kingdom Accreditation Service (“UKAS”), or

(bb)an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation (“ILAC”) Mutual Recognition Arrangement or the European co-operation for Accreditation (“EA”) Multilateral Agreement,

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 or the device manufacturer; or

(iii)a laboratory which is accredited by UKAS to ISO standard 15189 or ISO/IEC standard 17025, 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 or the device manufacturer;]

(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

Commencement Information

I32Sch. 8 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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—

[F337(za)they provide day 2 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);

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

(zc)they have an effective system of clinical governance in place which includes appropriate standard operating procedures in relation to the carrying out of day 2 tests;

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

(ze)they have systems in place to identify any adverse incidents or quality control issues in relation to day 2 tests and be able to report them as soon as reasonably practicable to the Secretary of State;]

F338(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)if the provider is a laboratory that conducts diagnostic test evaluation for testing in accordance with this Schedule, 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 [F339and the Department has confirmed in writing that it considers the provider meets those standards];

[F340(ba)they continue to meet the minimum standards to which the declaration mentioned in paragraph (b) relates;]

(c)they have provided the Department of Health and Social Care with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service or to carry out genomic sequencing, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;

(d)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;

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

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

(g)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, F341...

(ii)in relation to each test sold on that day—

(aa)the date of the arrival in England of the person in respect of whom the test was sold, [F342and]

F343(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F344(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F345(dd)the test reference number given to P in accordance with sub-paragraph (5) of paragraph 10 (required circumstances for undertaking a day 2 test or a day 8 test)] [F346, and

(iii)in relation to each test the purchase of which was cancelled on that day, the information set out in sub-paragraph (ii)(aa) to (dd)];

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

[F347(ha)where—

(i)a sample is to be sequenced in accordance with paragraph (h), and

(ii)the sequencing is to take place at a laboratory (“the sequencing laboratory”) other than the laboratory at which the sample was initially processed (“the diagnostic laboratory”),

they secure that the sample is received at the sequencing laboratory no later than 24 hours after the result of the initial processing becomes known to the diagnostic laboratory;]

(i)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;

(j)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;

(k)they preserve and transport samples in a manner that enables genome sequencing;

(l)they have in place a process to remove human reads from any data submitted in a notification to [F348the United Kingdom Health Security Agency] pursuant to the Health Protection (Notification) Regulations 2010; and

(m)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—

F349(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)paragraph [F350(zb) to (ze) and] (c) to (l) of this sub-paragraph,

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

(2) For the purposes of sub-paragraph (1)(m), “single end-to-end testing service” [F351means a service which comprises accepting the booking from the person to be tested, providing the test, collecting and processing the sample to be tested, carrying out genomic sequencing and providing the test result to P].

(3) For the purposes of sub-paragraph (1)(d) and (e), 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 [F352;]

[F353(c)in paragraph (1), the words from “and make a declaration” to “25th November 2020” were omitted.]

Textual Amendments

Commencement Information

I33Sch. 8 para. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Day 2 tests: general requirements for lateral flow device testsE+W

F3547A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Day 2 tests: private provider requirements for lateral flow device testsE+W

F3557B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Day 8 tests: general test requirementsE+W

8.—(1) For the purposes of regulation 6(12)(b), a day 8 test complies with this paragraph where—

(a)it is a test provided by a public provider F356...

F357(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F358(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F359(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I34Sch. 8 para. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Day 8 tests: private provider requirementsE+W

F3609.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

10.—(1) The circumstances mentioned in [F361[F362regulation 6(12)(a)] and (b)] are as follows.

(2) In relation to—

(a)a day 2 test, P undertakes the test [F363in accordance with the manufacturer’s instructions for use] no later than the end of the second day after the day on which P arrived in England;

(b)a day 8 test, P undertakes the test [F364in accordance with the manufacturer’s instructions for use] no earlier than the end of the seventh day after the day on which P arrived in England.

[F365(3) Subject to sub-paragraph (4)—

(a)at the time the test is booked P provides the test provider with the information set out or referred to in sub-paragraph (3B) [F366.]

F367(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F368(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F365(3B) The information to be provided at the time the test is booked is—

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

[F369(b)the following information about P—

(i)their full name;

(ii)their sex;

(iii)their date of birth;

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

(v)their ethnicity;

(vi)the date of their arrival in the United Kingdom;

(vii)their coach number, flight number of vessel name (as appropriate);

(viii)the date on which they last departed from or transited through a category 2 country or territory;

(ix)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;

(x)their email address,

(xi)their telephone number,

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

(xiii)information as to whether or not P has received a vaccine against SARS-CoV-2, and]

(c)P’s home address, and—

F370(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)where P is a person to whom regulation 9(1)(a) or (b) applies, the address or addresses at which they intend to self-isolate, or are self-isolating, in accordance with regulation 9 (if different from their home address);

(iii)where P is a person to whom regulation 10 applies, the address of the accommodation designated for the purposes of Schedule 11.

F371(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(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 [F372(3B) F373...] F374... to the test provider—

(a)the notification and information set out or referred to in sub-paragraph [F375(3B) F376...] F377..., other than the information set out in paragraph [F378(b)(x) and (xi) of that sub-paragraph], is provided to the test provider on P's behalf by another person (“Y”); and

(b)either the information set out in [F379sub-paragraph (3B)(b)(x) and (xi)] 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 and payment made the test provider gives P [F380a separate test reference number in respect of each test to be provided to P] in the format specified in sub-paragraph (6) and, where appropriate, also provides that test reference number to Y.

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

Textual Amendments

Commencement Information

I35Sch. 8 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Notification of test resultsE+W

11.—(1) This paragraph applies to a private provider who administers or provides a test F381... to P in the circumstances described in paragraph 10.

(2) The private provider must, [F382within 48 hours of the time when the sample taken for the purposes of the test is received by the diagnostic laboratory]—

(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—

[F383Form A: negative test result

Your coronavirus (COVID-19) test result is negative. It’s likely you were not infectious when the test was done.

[F384If you develop symptoms of coronavirus, it is advised that you take a PCR test. If you have any of the main symptoms, the public health advice is to avoid contact with other people where possible.

For more information visit https://www.gov.uk/coronavirus]

Form B: positive test result

[F385Your coronavirus test result is positive. This means you probably have the virus.

You are no longer legally required to self-isolate.

However, if you have a positive test result, the public health advice is to stay at home and avoid contact with other people where possible.

It is advised that you do not travel, including to leave the UK.

For more information visit https://www.gov.uk/coronavirus.

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.

[F386It is advised that you take another coronavirus test.

You are no longer required to self-isolate.

However, if you have symptoms of coronavirus, the public health advice is to get a PCR test and avoid contact with other people where possible.

For more information visit https://www.gov.uk/coronavirus]].

(4) Where—

(a)regulation 4 [F387, 4ZA [F388, 4ZB] 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 [F389the United Kingdom Health Security Agency].

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

(a)the date on which P last departed from or transited through a category 2 country or territory;

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

F390(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bb)P’s passport number or travel document number (as appropriate);

(bc)the test reference number given to P in accordance with sub-paragraph (5) of paragraph 10 (required circumstances for undertaking a day 2 test or a day 8 test);

(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;

(e)whether the test is—

F391(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F392(ii)F393. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iia)a day 2 test for a person who is [F394not an eligible traveller], or]

F395(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I36Sch. 8 para. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Notification of test results: lateral flow device testsE+W

11A.  F396. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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 [F397any test provided in accordance with this Schedule 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.

Textual Amendments

Commencement Information

I37Sch. 8 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 7(5)

SCHEDULE 9E+WWorkforce tests

Interpretation of this ScheduleE+W

1.  In this Schedule—

(a)“P” means a person required to undertake workforce tests under regulation 7 (requirement to undertake workforce tests);

(b)“workforce test” means any of the categories of workforce test described in regulation 7(6).

Commencement Information

I38Sch. 9 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Requirement after failure to undertake testE+W

2.—[F398(1) Sub-paragraph (2) applies where—

(a)P is a person to whom regulation 5(3) applies, and

(b)P fails to undertake a workforce test that P is required by regulation 7 to undertake.]

(2) Where this sub-paragraph applies, P must self-isolate in accordance with [F399regulation 9] until the earlier of—

(a)the end of the 14th day after the day on which P 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 7(2) during any period that P is required to self-isolate in accordance with sub-paragraph (2).

F400(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I39Sch. 9 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Consequences of test resultsE+W

3.—(1) Where a workforce test undertaken by P in accordance with regulation 7 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 8 (mandatory testing after arrival in England), 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);

[F401(b)if P is a person to whom regulation 5(3) applies, P must self-isolate in accordance with regulation 9 until the 10th day after the day P undertook the workforce test.]

[F402(1A) Where P is required to self-isolate under sub-paragraph (1)(b), P must, on request by a relevant person (within the meaning of paragraph 3(2B) of Schedule 8), notify the relevant person of the name of each person living in the same household as P.]

(2) Where sub-paragraph (1) applies—

(a)if the test taken by P 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 the test undertaken by P 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 sub-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 7 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 8 applies in relation to a further test undertaken pursuant to sub-paragraph (1)(a) as it applies to a test provider in relation to a test provided under Schedule 8.

(5) Where a workforce test undertaken by P in accordance with regulation 7 generates an inconclusive result, [F403where P is a person to whom regulation 5(3) applies,] 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 7(4).

Textual Amendments

Commencement Information

I40Sch. 9 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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

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

(b)the agency worker is not—

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

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

Commencement Information

I41Sch. 9 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 9(16)

F404SCHEDULE 10E+WOptional testing after arrival in England

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

Textual Amendments

Regulation 10

SCHEDULE 11E+WAdditional measures applicable to arrivals from category 3 countries and territories

Application of this ScheduleE+W

1.  Subject to paragraph 2, this Schedule applies to a person (“P”) who arrives in England from a category 3 country or territory 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 category 3 country or territory.

Commencement Information

I42Sch. 11 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

2.—[F405(1) This Schedule does not apply where P is a person described in any of the following provisions of Schedule 4 (exemptions)—E+W

(a)paragraph 2 (aircraft crew);

(b)paragraph 5 (road haulage workers);

(c)paragraph 8 (seafarers), unless they have travelled to the United Kingdom to work, or have been repatriated to the United Kingdom after working, on board a cruise ship;

(d)Part 3 (border security duties);

(e)Part 4 (law enforcement);

(f)paragraph 16 (transporting human cells);

(g)paragraph 17 or 18 (essential government work etc.) where the relevant Department has certified under either of those paragraphs in respect of this Schedule;

(h)paragraph 19(1) (diplomats etc.);

(i)paragraph 19(2), (3) or (4) (international organisations etc.) where the Foreign, Commonwealth and Development Office has given confirmation under that paragraph in respect of this Schedule;

(j)paragraph 20 (defence personnel);

(k)paragraph 21 (in-flight security officers);

(l)paragraph 22 (non-disembarking cruise passengers);

(m)paragraph 23 (non-CTA transit passengers).]

F406(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F407(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F407(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F407(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F407(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F407(2DA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F407(2E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F408(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F406(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F406(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F406(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I43Sch. 11 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Limitation on ports of entryE+W

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

Commencement Information

I44Sch. 11 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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

(a)Heathrow Airport;

(b)Gatwick Airport;

(c)London City Airport;

(d)Birmingham Airport;

(e)Farnborough Airport;

(f)Bristol Airport;

[F409(fa)London Biggin Hill Airport.]

F410(fb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)any military airfield or port.

Textual Amendments

Commencement Information

I45Sch. 11 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Duties on arrivalE+W

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

Commencement Information

I46Sch. 11 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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.E+W

Commencement Information

I47Sch. 11 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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.E+W

Commencement Information

I48Sch. 11 para. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

8.—[F411(1)] In this Schedule a “managed self-isolation package” means—E+W

(a)a booking for a place in accommodation designated by the Secretary of State for the purposes of this Schedule [F412or, if paragraph 8A applies, arrangements to stay in a private residence or other place where P is able to self-isolate (“self-arranged accommodation”)];

(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 6 (requirement to book and undertake tests).

[F413(2) A reference in this Schedule to designated accommodation includes a reference to self-arranged accommodation referred to in sub-paragraph (1)(a).]

Textual Amendments

Commencement Information

I49Sch. 11 para. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F4148A.  This paragraph applies where P arrives in England between 12 noon on 26th November 2021 and 4 a.m. on 28th November 2021—E+W

(a)from a category 3 country or territory, or

(b)having at any time in the period beginning with the 10th day before the date of P’s arrival in England departed from or transited through a category 3 country or territory.]

Textual Amendments

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.

Commencement Information

I50Sch. 11 para. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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 8 (mandatory testing after arrival in England).

Commencement Information

I51Sch. 11 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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 [F415;

(c)from any person who is required to self-isolate at the same accommodation as P under paragraph 18B(2)].

Textual Amendments

Commencement Information

I52Sch. 11 para. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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—E+W

(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 M21;

(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 required urgently or on the advice of a registered medical practitioner;

(d)to provide veterinary services where this is required urgently or on the advice of a veterinary surgeon;

(e)to provide critical public services including social services or services provided to victims (such as victims of crime).

Commencement Information

I53Sch. 11 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M212006 c. 47 paragraph 1(1B) was inserted by section 64 the Protection of Freedoms Act 2012 (c. 9) and paragraph 7(3B) was inserted by section 66 of that Act.

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.

Commencement Information

I54Sch. 11 para. 13 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Meaning of “place”E+W

14.—[F416(1)] For the purposes of this Schedule [F417, subject to sub-paragraph (2),] 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.

[F418(2) Where paragraph 8A applies, and P is staying in self-arranged accommodation referred to in paragraph 8(1)(a), if no other person is residing in the self-arranged accommodation with P apart from a person—

(a)with whom P was travelling when P arrived in England who is also self-isolating in that accommodation, or

(b)a person who is required to self-isolate with P in accordance with paragraph 18B,

the place referred to in paragraphs 8 to 13 is to be treated as including the whole of the self-arranged accommodation.]

Textual Amendments

Commencement Information

I55Sch. 11 para. 14 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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.

Commencement Information

I56Sch. 11 para. 15 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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 [F4195, 6 and 18A];

[F420(aa)if no person has responsibility for P when P is travelling to England—

(i)a responsible adult must be nominated before P arrives in England, to have responsibility for P during P’s period of self-isolation in accordance with this Schedule,

[F421(ii)the responsible adult nominated under paragraph (i) must as far as reasonably practicable ensure that on P’s arrival in England P is in possession of a booking for the responsible adult for a place in accommodation with P, and]

(iii)the responsible adult must reside in the place where P is residing in accordance with paragraph 17;]

(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.

Textual Amendments

Commencement Information

I57Sch. 11 para. 16 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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.

Commencement Information

I58Sch. 11 para. 17 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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 is to be read as a reference to transport determined by the Secretary of State;

(b)the references in paragraphs 6, [F4229, 10, 18A(2) and 18B(1)(b)] 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.

[F423(1A) Where P is a relevant person by virtue of sub-paragraph (2)(a)(ix) or (3) to (6) [F424or where paragraph 8A applies and P is self-isolating in self-arranged accommodation referred to in paragraph 8(1)(a)]—

(a)paragraph 18A (requirement to provide contact details) applies to P;

(b)paragraph 18B (requirement to self-isolate with P) applies to a person residing at the accommodation where P self-isolates;

(c)paragraph 18C (requirement on employers of self-isolating workers) applies to a person who employs P or a person within paragraph (b).]

(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,

(viii)a prisoner,

(ix)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,

(x)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.

(3) P is also a relevant person if—

(a)P is, or was on the 1st September [F4252021], a child;

(b)P travels to the UK for the purposes of receiving education at a boarding school in [F426the UK] 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 or over, 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.

[F427(3A) P is also a relevant person if—

(a)P is a child on the day P arrives in England;

(b)P travels to the UK for the purposes of receiving education at a further education institution or higher education provider in England or Wales 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; and

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

(4) 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 [F428—

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

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

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

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

(5) P is also a relevant person if travelling with a person who is a relevant person by virtue of sub-paragraph (4), 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.

(6) 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; and

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

(7) In this paragraph—

(a)“boarding school” means a [F429school in the UK, or college in England or in Wales,] 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 M22,

(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 M23,

(iii)an independent school (as defined by section 463 of the Education Act 1996 M24) registered under section 95 of the Education and Skills Act 2008 M25,

(iv)a non-maintained special school (as defined in section 337A of the Education Act 1996 M26, F430...

(v)a pupil referral unit within the meaning of section [F43119(2) or (2B)] of the Education Act 1996 M27 [F432;

(vi)an independent school included in the register of independent schools in Wales (kept under section 158 of the Education Act 2002),

(vii)a school within the meaning of Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986, or

(viii)a school within the meaning given by section 135(1) of the Education (Scotland) Act 1980];

(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 M28, or

(ii)a 16 to 19 Academy within the meaning of section 1B of the Academies Act 2010 M29.

[F433(d)“further education institution” means an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992;

(e)“higher education provider” has the meaning in section 83(1) of the Higher Education and Research Act 2017].

Textual Amendments

Commencement Information

I59Sch. 11 para. 18 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M222010 c. 32; section 1C was inserted by section 53(7) of the Education Act 2011 (c. 21).

M231998 c. 31; section 20 was amended by paragraph 95 of Schedule 21 to the Education Act 2002 (c. 32), paragraph 13 of Schedule 3 to the Education and Inspections Act 2006 (c. 40) and S.I. 2010/1158.

M241996 c. 56; section 463 was substituted by section 172 of the Education Act 2002 and amended so far as relevant by paragraphs 1 and 43 of Schedule 3 to the Children and Families Act 2014 (c. 6) and S.I. 2010/1158

M261996 c. 56; section 337A was substituted by section 142(1) of the Education and Skills Act 2008 (c. 25).

M27Section 19(2B) was amended so far as relevant by section 47 of and Schedule 8 to the Education Act 1997, section 3 of and paragraph 1 of Schedule 3 and Schedule 4 to the Children, Schools and Families Act 2010, section 101 of the Education and Inspections Act 2006, S.I. 2007/1507 and S.I. 2010/1158.

M281992 c. 13; section 91 was amended in so far as relevant by paragraph 42 of Schedule 9 and Schedule 11 to the Learning and Skills Act 2000 (c. 21), paragraph 13 of Schedule 8 to the apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and by paragraphs 23 and 26 of Schedule 8 to the Higher Education and Research Act 2018 (c. 29).

M29Section 1B was inserted by section 53(7) of the Education Act 2011.

[F434Requirement to provide contact detailsE+W

18A.—(1) P must, on arrival in England, have provided to the Secretary of State the information described in paragraph (2) so far as it is known to, or reasonably ascertainable by, P.

(2) The information referred to in paragraph (1) is the name of each person who will be residing at the accommodation where P is to self-isolate in accordance with their managed self-isolation package during P’s period of self-isolation.

Textual Amendments

Requirement to self-isolate with PE+W

18B.—(1) A person (“B”) must self-isolate in accordance with this paragraph where—

(a)B has been notified by the Secretary of State that they must self-isolate in accordance with this paragraph, and

(b)B is residing at the accommodation where P is to self-isolate in accordance with their managed self-isolation package (“P’s self-isolation accommodation”) during P’s period of self-isolation.

(2) B must self-isolate at P’s self-isolation accommodation until the end of P’s period of self-isolation (or the period that P would be required to self-isolate but for paragraph 13).

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

Textual Amendments

Modifications etc. (not altering text)

Requirement on employers of self-isolating workersE+W

18C.—(1) An employer of a person required to self-isolate under paragraph 18B(2) (“B”) must not knowingly allow B to attend any place other than the place they are self-isolating for any purpose related to B’s employment.

(2) In sub-paragraph (1), “employer” includes an agent or principal where—

(a)B is supplied by the agent to do work for the principal under a contract or other arrangements made between the agent and principal, and

(b)B is not—

(i)as respects that work, a worker, because of the absence of a worker’s contract between B and the agent or the principal, or

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

Textual Amendments

Modification of application of this Schedule where P is taking up employment as an NHS nurseE+W

19.—(1) This paragraph applies where—

(a)on P's arrival in England, P is entitled to enter the United Kingdom pursuant to a skilled worker visa granted in accordance with Appendix Skilled Worker to the immigration rules M30;

(b)P is eligible for the visa by virtue of being sponsored—

(i)for a job within the entry for occupation code 2231 (nurses) in Table 2 of Appendix Skilled Occupations to the immigration rules, and

(ii)by an NHS trust or an NHS foundation trust (“P's sponsor”); and

(c)prior to P's arrival in England, P's sponsor has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(2) Where this paragraph applies, this Schedule applies in relation to P as if—

(a)for paragraph 6 there were substituted—

“6.  P must, on arrival in England, travel directly to the accommodation specified in P's managed self-isolation package, using the means of transport facilitated as part of that package.”;

(b)for paragraph 8 there were substituted—

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

(a)written confirmation from P's sponsor of the details of—

(i)a place in accommodation provided by the sponsor for the purposes of this Schedule;

(ii)transport facilitated by the sponsor to the accommodation referred to in paragraph (i); and

(b)a testing package required by regulation 6.”;

(c)in paragraph 9, “accommodation, transport and” were omitted;

(d)in paragraph 10, for “designated” were substituted “ specified ”;

(e)in paragraph 14, “designated” were omitted.

(3) In this paragraph—

(a)“NHS foundation trust” has the meaning given in section 30 of the National Health Service Act 2006 M31;

(b)“NHS trust” means an NHS trust established under section 25 of the National Health Service Act 2006.

Commencement Information

I60Sch. 11 para. 19 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M30Laid before Parliament on 23rd May 1994 (HC 395), as amended. Appendix Skilled Worker and Appendix Skilled Occupations were laid before Parliament on 22nd October 2020 as part of a command paper that amended the immigration rules entitled “Statement of Changes in Immigration Rules” (HC 813). Appendix Skilled Worker and Appendix Skilled Occupations were amended by the statement of changes in immigration rules presented to Parliament on 4th March 2021 (HC 1248).

M312006 c. 41. Section 30 was amended by section 159 of the Health and Social Care Act 2012 (c. 7).

Regulation 14

[F435SCHEDULE 12E+WInformation for passengers

Textual Amendments

PART 1E+WEssential information to enter England from overseas

All persons arriving in the UK must fill in a Passenger Locator Form before arrival.

Before departure to the UK check if any of the countries you have visited in the last 10 days are on the red list.

If you have visited a country on the red list you must follow the red list rules.

If you have not visited any countries on the red list, what you have to do depends on your vaccination status. Check the rules before you travel at gov.uk/coronavirus.

Public health requirements may vary depending upon which nation of the UK you are travelling to. Check the relevant website if your final destination is in Northern Ireland, Scotland or Wales.

Failure to comply with these measures is a criminal offence and you could be fined. There are a limited set of exemptions from these measures. You may be fined if you fraudulently claim an exemption.

PART 2E+WOnboard announcement

The following is a public health message on behalf of the UK’s public health agencies.

If you are not fully vaccinated or do not meet the eligibility criteria, you must take a test before the end of day 2 after you arrive.

The symptoms of coronavirus are a new continuous cough, a high temperature or a loss of, or change in, normal sense of taste or smell. If you experience any of these symptoms, however mild, you are advised to make yourself known to the crew.

Please follow the Public Health guidance for the area you are living or travelling in.

Visit gov.uk/coronavirus for more advice.

PART 3E+WRelevant websites

https://www.gov.uk/guidance/red-list-of-countries-and-territories

https://www.gov.uk/guidance/travel-to-england-from-another-country-during-coronavirus-covid-19

https://www.gov.uk/provide-journey-contact-details-before-travel-uk

https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice

https://gov.wales/arriving-wales-overseas

https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine]

Regulation 18(3)

SCHEDULE 13E+WProhibition on the arrival of aircraft and vessels into England

Interpretation of this ScheduleE+W

1.—(1) In this Schedule—

“controller” means—

(a)

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

(b)

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

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

“port” has the same meaning as in the Merchant Shipping Act 1995 M32.

(2) In the definition of “controller” in sub-paragraph (1) “arrives” means—

(a)in relation to an aircraft, lands;

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

Commencement Information

I61Sch. 13 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

Prohibition on arrival of aircraft into EnglandE+W

2.—(1) A controller must not cause or permit an aircraft whose last point of departure was in a country or territory listed in paragraph 4 to land in England unless—

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

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

(c)the aircraft is an air ambulance and landing for the purpose of transporting a person for medical treatment; [F436or]

[F437(d)the circumstances specified in regulation 18(2)(c) apply in relation to the aircraft.]

(2) This paragraph does not apply in relation to—

(a)a commercially operated aircraft carrying no passengers;

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

(c)an aircraft operated by or in support of a foreign country or territory where, prior to its arrival in England, a United Kingdom Government Department has provided written confirmation to the operator that the aircraft is carrying passengers who are travelling to conduct official business with the United Kingdom.

[F438(d)a commercially operated aircraft carrying passengers that lands at—

(i)Birmingham Airport, or

(ii)Heathrow Airport]

[F439(3) Sub-paragraph (2)(d) does not apply in the period starting at 12 noon on 26th November 2021 and ending at 4 a.m. on 28th November 2021.]

Textual Amendments

F436Sch. 13 para. 2(1): word “or” moved from after para. (b) to after para. (c) (28.8.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(3)(c), 19(2)

Commencement Information

I62Sch. 13 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Prohibition on arrival of vessels into EnglandE+W

3.—(1) A controller must not cause or permit a vessel whose last point of departure was a country or territory listed in paragraph 5 to moor at a port in England unless mooring at a port in England—

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

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

(2) This paragraph does not apply in relation to—

(a)a commercially operated vessel carrying no passengers;

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

(c)a vessel operated by or in support of a foreign country or territory where, prior to its arrival in England, a United Kingdom Government Department has provided written confirmation to the operator that the vessel is carrying passengers who are travelling to conduct official business with the United Kingdom.

Commencement Information

I63Sch. 13 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

4.  The countries or territories referred to in paragraph 2(1) are—E+W

Textual Amendments

Commencement Information

I64Sch. 13 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

5.  The countries or territories referred to in paragraph 3(1) are—E+W

F441...

Textual Amendments

Commencement Information

I65Sch. 13 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

6.  A controller who contravenes paragraph 2(1) or 3(1) commits an offence punishable on summary conviction by a fine.E+W

Commencement Information

I66Sch. 13 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F442Airport operators to ensure passengers use designated terminalsE+W

7.—(1) An airport operator must not cause or permit—

(a)passengers to arrive at a terminal or part of a terminal other than a terminal or part of a terminal designated for direct flights from category 3 countries or territories, if the landing of the aircraft on which they arrived in England would have been prohibited but for paragraph 2(2)(d);

(b)other passengers, apart from Schedule 11 passengers, to arrive at a terminal or part of a terminal designated for direct flights from category 3 countries or territories [F443at any time when category 3 arrivals are being processed in that terminal or part of a terminal]; [F444or]

[F445(c)category 3 arrivals to arrive at a terminal or part of a terminal designated for direct flights from category 3 countries or territories at any time when passengers who are not category 3 arrivals or Schedule 11 passengers are being processed in that terminal or part of a terminal.]

[F446(1A) For the purposes of sub-paragraph (1)(b) [F447and (c)]—

(a)“category 3 arrival” means a passenger who arrives in England on a direct flight from a category 3 country or territory;

(b)a [F448passenger] is being processed in a terminal, or part of a terminal, during the period—

(i)beginning when the passenger (“P”) arrives in that terminal, or that part of a terminal, and

(ii)ending when P exits the place within that terminal, or part of a terminal, where P is required, for the purposes of section 78 of the Customs and Excise Management Act 1979, to declare any thing contained in P’s baggage or carried with P which P obtained outside the United Kingdom.]

(2) Sub-paragraph (1) does not apply where causing or permitting passengers to arrive at a terminal other than in accordance with that sub-paragraph is reasonably necessary to secure the safety of the aircraft or the health and safety of any person.

(3) An airport operator who contravenes sub-paragraph (1) commits an offence punishable on summary conviction by a fine.

(4) For the purposes of this paragraph—

(a)“airport operator” has the meaning given in section 82 of the Airports Act 1986;

(b)a passenger arrives at a terminal or part of a terminal if after disembarking from an aircraft they enter the terminal or part of the terminal for the purpose of entering the United Kingdom or as a transit passenger;

(c)the following are designated for direct flights from category 3 countries or territories—

(i)the part of the terminal at Birmingham Airport known as “South arrival and immigration hall”;

(ii)Heathrow Airport Terminal [F4494].]

Textual Amendments

Regulation 20(4)(c)

SCHEDULE 14E+WAmounts of fixed penalties

Amounts of fixed penaltiesE+W

1.  The amounts specified for the purposes of regulation 20(4)(c) are the amounts specified in paragraphs 2 to 17 in relation to the offences described in each paragraph.

Commencement Information

I67Sch. 14 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(a)E+W

2.  Breach of regulation 3(1), (2) (3) (5), (7) or (8) (without reasonable excuse fail to provide passenger information, or evidence of having provided passenger information, or to update passenger information)—

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

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

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

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

Commencement Information

I68Sch. 14 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(6)E+W

3.  Breach of regulation 19(6) (intentionally or recklessly provide false passenger information)—

(a)if the offence consists of the intentional or reckless provision of false or misleading passenger information relating to the person's travel history in relation to a category 3 country or territory), £10,000;

(b)in any other case—

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

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

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

(iv)in the case of the fourth and subsequent fixed penalty notices, £4,000.

Commencement Information

I69Sch. 14 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F450Regulation 19(6A)E+W

3A.  Breach of regulation 19(6A) (knowingly giving false information pursuant to F451... paragraph 3(2A) of Schedule 8)—

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

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

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

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

Textual Amendments

Regulation 19(1)(b)E+W

4.  Breach of [F452regulation 3ZA](1), (2), (3) or (4) (without reasonable excuse fail to possess or produce evidence of negative test result on arrival)—

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

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

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

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

Textual Amendments

Commencement Information

I70Sch. 14 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(c)E+W

5.  Breach of [F453[F454regulation] 6 (requirement to book and undertake tests)]—

(a)in the case of a fixed penalty notice issued in respect of a failure to possess a [F455F456... testing package in accordance with regulation F457... 6(3)], £1,000;

(b)in the case of a fixed penalty notice issued in respect of a failure to obtain [F458a F459... testing package in accordance with regulation F460... 6(4)], £2,000;

(c)in the case of a fixed penalty notice issued in respect of a failure to obtain a [F461F462... testing package for a child in accordance with regulation F463... 6(5)], £1,000;

(d)in the case of the first fixed penalty notice issued in respect of a failure to undertake a test in accordance with [F464regulation F465... 6(6) or (8)], £1,000;

(e)in the case of the second fixed penalty notice issued in respect of a failure to undertake a test in accordance with [F466regulation F467... 6(6) or (8)], £2,000;

(f)[F468regulation F469... 6(11) (duty to provide evidence)], £1,000.

Textual Amendments

Commencement Information

I71Sch. 14 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(d)E+W

6.  Breach of regulation 7(2), (3) or (9) (requirement to undertake workforce tests)—

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

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

(c)in the case of a third and subsequent fixed penalty notice, £3,000.

Commencement Information

I72Sch. 14 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(e)E+W

F4707.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 19(1)(f) [F471and (iza)] E+W

8.  [F472Breach of paragraph 3(2A) of Schedule 8, or paragraph 3(1A) of Schedule 9 (requirement to provide details of household on request) or regulation] 9(2), (7) or (13) (requirement to self-isolate, travel to place of self-isolation or require child to self-isolate or travel to place of self-isolation)—

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

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

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

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

Textual Amendments

Commencement Information

I73Sch. 14 para. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(g)E+W

9.  Breach of requirement in or imposed under regulation 11 (self-isolation directions) unless the requirement relates to Schedule 11 (additional measures applicable to arrivals from category 3 countries or territories), £1,000.

Commencement Information

I74Sch. 14 para. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(h)E+W

10.  Breach of a requirement in or imposed under regulation 11 (self-isolation directions) where the requirement relates to Schedule 11, £10,000.

Commencement Information

I75Sch. 14 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(i) [F473, (ia), (ic)] and (j)E+W

11.  Breach of a requirement in Schedule 11 except under paragraph 3 [F474, 5 [F475, 16(a) or [F476(aa)(i) or (ii), 18A or 18C]]] of that Schedule—

(a)in the case of the first fixed penalty notice, £5,000;

(b)in the case of the second fixed penalty notice, £8,000;

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

Textual Amendments

Commencement Information

I76Sch. 14 para. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(j)E+W

12.  Breach of a requirement in paragraph 3 of Schedule 11, £10,000

Commencement Information

I77Sch. 14 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F47712A.  Breach of a requirement in paragraph 5 [F478, 16(a) or [F479(aa)(i) or (ii) or 18A]] of Schedule 11—E+W

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

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

(c)in the case of the third and subsequent fixed penalty notices, £2,000.]

Textual Amendments

Regulation [F48019(1)(id) and (k)] E+W

13.  Breach of a requirement in paragraph 4 of Schedule 9 (employers' obligations relating to workforce tests) [F481or paragraph 18C of Schedule 11 (employers’ obligations relating to self-isolating workers)]—

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

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

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

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

Textual Amendments

Commencement Information

I78Sch. 14 para. 13 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(7)(a)E+W

14.  Breach of requirement under regulation 13(1) (passenger information requirement by operator), £4,000.

Commencement Information

I79Sch. 14 para. 14 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F482Regulation 19(7)(aa)E+W

14A.  Breach of the requirement under regulation 15A(1) (operator systems offence), £4,000.]

Textual Amendments

Regulation 19(7)(b) to (d)E+W

F48315.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 19(7)(cd)E+W

F48415A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 19(13)E+W

16.  Breach of requirement under regulation 15 (operator records and information), £500.

Commencement Information

I80Sch. 14 para. 16 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F485Regulation 19(13A)E+W

16A.   Breach of requirement under regulation [F48615A(3)] (operator systems records), £4,000.]

Textual Amendments

[F487Regulation 19(13B)(a)E+W

16B.  Breach of requirement under regulation 18A(1) F488... (requirements on test providers)—

(a)in the case of a first fixed penalty notice, £2,500;

(b)in the case of a second fixed penalty notice, £5,000;

(c)in the case of a third fixed penalty notice, £10,000.

Textual Amendments

Regulation 19(13B)(b)E+W

16C.  Breach of requirement under regulation 18B(1) (requirements on other persons providing testing services)—

(a)in the case of a first fixed penalty notice, £2,500;

(b)in the case of a second fixed penalty notice, £5,000;

(c)in the case of a third fixed penalty notice, £10,000.]

Textual Amendments

Regulation 19(14)E+W

17.  Breach of regulation 19(14) (wilful obstruction of a person carrying out a function under these Regulations)—

(a)obstruction of a function relating to regulation 3—

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

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

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

(iv)in the case of the fourth and subsequent fixed penalty notices, £4,000,

with no account taken of any fixed penalty notices given before 4.00 a.m. on 18th January 2021;

(b)obstruction of a function relating to [F489regulation 3ZA]—

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

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

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

(iv)in the case of the fourth and subsequent fixed penalty notices, £4,000;

(c)obstruction of a function relating to regulations 9 or 11 apart from regulation 11(3), £1,000;

(d)obstruction of a function relating to regulation 11(3) or in relation to regulation 10—

(i)in the case of the first fixed penalty notice, £5,000,

(ii)in the case of the second fixed penalty notice, £8,000,

(iii)in the case of the third and subsequent fixed penalty notice, £10,000;

[F490(da)obstruction of a function relating to regulation 18A(1) F491... or 18B(1)—

(i)in the case of a first fixed penalty notice, £2,500;

(ii)in the case of a second fixed penalty notice, £5,000;

(iii)in the case of a third fixed penalty notice, £10,000;]

(e)in any other case, £500.

Textual Amendments

Commencement Information

I81Sch. 14 para. 17 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

18.  In determining how many fixed penalty notices a person (“P”) has received for the purposes of paragraph 8 (breach of requirement in regulation 9 to self-isolate etc), if P received more than one fixed penalty notice for that offence before 2nd October 2020, only one of those notices may be taken into account.E+W

Commencement Information

I82Sch. 14 para. 18 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 26(2)

SCHEDULE 15E+WConsequential Amendments

1.—(1) The Health Protection (Notification) Regulations 2010 M33 are amended as follows.E+W

(2) In regulation 4(3D)(b), for “regulation 3B of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ regulation 6 of the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ”.

(3) In regulation 4ZA—

(a)in the heading, for “the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ”;

(b)in paragraph (1)(a), for “regulation 3B of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the 2020 Regulations”)” substitute “ regulation 6 of the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (“the International Travel and Operator Liability Regulations”) ”;

(c)in paragraph (1)(c), for “paragraph 7(1)(f) of Schedule 2C to the 2020 Regulations” substitute “ paragraph 7(1)(g) of Schedule 11 to the International Travel and Operator Liability Regulations ”;

(d)in paragraph (3), for “paragraph 7(1)(f) of Schedule 2C to the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ paragraph 7(1)(g) of Schedule 11 to the International Travel and Operator Liability Regulations ”.

Commencement Information

I83Sch. 15 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M33S.I. 2010/659. Regulations 4(3D) and 4ZA were inserted by S.I. 2021/150. There are other amendments but none is relevant.

2.—(1) The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 M34 are amended as follows.E+W

(2) In regulation 2D(1)(c), for “regulation 4 of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ regulation 9 of the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ”.

(3) In regulation 6(1)—

(a)in the definitions of “designated place”, “isolation requirements” and “self-isolating worker”, for “regulation 4” substitute “ regulation 9 ”;

(b)in the definition of “International Travel Regulations”, for “the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ”.

Commencement Information

I84Sch. 15 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M34S.I. 2020/1045. Regulation 2D was inserted by S.I. 2021/364. There are other amendments but none is relevant.

Regulation 26(3)

SCHEDULE 16E+WTransitional provision

1.  Passenger information provided before 4.00 a.m. on 17th May 2021 by a person pursuant to regulation 3 of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the 2020 Regulations”) in advance of arrival in England is treated as passenger information provided for the purposes of these Regulations where the person arrives in England on or after that date.E+W

Commencement Information

I85Sch. 16 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

2.  Confirmation given by the Foreign, Commonwealth and Development Office that a person is not required to comply with regulation 3B of the 2020 Regulations is treated as confirmation that the person is not required to comply with regulation 6 of these Regulations where the person arrives in England on or after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I86Sch. 16 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

3.  A designation by the Secretary of State of a person as an authorised person under regulation 5(7) of the 2020 Regulations has effect as a designation of that person as an authorised person under of regulation 11(11)(c) of these Regulations.E+W

Commencement Information

I87Sch. 16 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

4.  Regulation 5A of the 2020 Regulations continues to have effect in relation to a constable who exercises the powers in that regulation in relation to a person who arrived in England before 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I88Sch. 16 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

5.  A designation by the Secretary of State of a person as a designated officer under regulation 7(2) of the 2020 Regulations has effect as a designation of that person as a designated officer under regulation 20(9)(c)(i) of these [F492Regulations].E+W

Textual Amendments

Commencement Information

I89Sch. 16 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

6.  A designation by the Secretary of State of a person as an authorised person under regulation 7(10)(c) of the 2020 Regulations has effect as a designation of that person as an authorised person under regulation 20(9)(a)(iii) of these Regulations.E+W

Commencement Information

I90Sch. 16 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

7.  A designation by the Secretary of State under regulation 8 of the 2020 Regulations as a person who may bring proceedings for an offence has effect as a designation under regulation 21(1) of these Regulations.E+W

Commencement Information

I91Sch. 16 para. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

8.  A confirmation from the Foreign, Commonwealth and Development Office or other UK Government Department that a person is not required to comply with Schedule B1A to the 2020 Regulations is treated as confirmation that a person is not required to comply with Schedule 11 of these Regulations where the person arrives in England on or after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I92Sch. 16 para. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

9.  A booking of a managed self-isolation package made before 4.00 a.m. on 17th May 2021 which satisfies the requirements of Schedule B1A to the 2020 Regulations is treated as satisfying the requirements of Schedule 11 to these Regulations where the person to whom the booking relates arrives in England after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I93Sch. 16 para. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

10.  A designation by the Secretary of State under paragraph 9 of Schedule B1A to the 2020 Regulations as a person who may impose a charge under that Schedule has effect as a designation under paragraph 9 of Schedule 11 to these Regulations.E+W

Commencement Information

I94Sch. 16 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

11.  Authorisation by the Secretary of State under paragraph 13(2)(a) of Schedule B1A to the 2020 Regulations as a person who may give a permission under that paragraph has effect as authorisation under paragraph 13(2)(a) of Schedule 11 to these Regulations.E+W

Commencement Information

I95Sch. 16 para. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

12.  A designation by the Secretary of State of accommodation or transportation under paragraph 15 of Schedule B1A to the 2020 Regulations has effect as designation of accommodation or transportation, as the case may be, under paragraph 15 of Schedule 11 to these Regulations.E+W

Commencement Information

I96Sch. 16 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

13.  Confirmation by the Secretary of State that paragraph 18 of Schedule B1A to the 2020 Regulations applies to a person is treated as confirmation that paragraph 18 of Schedule 11 to these Regulations applies to that person where the person arrives in England after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I97Sch. 16 para. 13 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

14.  Confirmation by a sponsor that paragraph 19 of Schedule B1A to the 2020 Regulations applies to a person is treated as confirmation that paragraph 19 of Schedule 11 to these Regulations applies to that person where the person arrives in England after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I98Sch. 16 para. 14 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

15.  Confirmation by a UK Government Department under paragraph 1(1A)(d) of Schedule 2 to the 2020 Regulations that a person is of the description in that paragraph, is treated as confirmation that the person is of the description in paragraph 1(2)(d) of Schedule 4 to these Regulations where the person arrives in England after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I99Sch. 16 para. 15 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

16.  Certification by a UK Government Department under paragraphs 13 or 13A of Schedule 2 to the 2020 Regulations that a person is of the description or is undertaking work of the description in those paragraphs, is treated as certification that the person is of the description or is undertaking work of the description in paragraphs 16 or 17 of Schedule 4 to these Regulations where the person concerned arrives in England after 4.00 a.m. on 17th May 2021 (and accordingly such a person is not required to comply with regulation 4 of these Regulations).E+W

Commencement Information

I100Sch. 16 para. 16 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

17.  A designation by the Secretary of State under paragraph 12(1) of Schedule 2C to the 2020 Regulations as a person who may impose a charge under that Schedule has effect as a designation under paragraph 12(1) of Schedule 8 to these Regulations and publication of details of charges under paragraph 12(2)(a) of Schedule 2C to the 2020 Regulations satisfies the requirement under paragraph 12(2)(a) of Schedule 8 to these Regulations as to publication.E+W

Commencement Information

I101Sch. 16 para. 17 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

18.  Guidance issued by the Secretary of State pursuant to paragraph 4(2) of Schedule 2D to the 2020 Regulations has effect as guidance issued pursuant to paragraph 4(2) of Schedule 9 to these Regulations.E+W

Commencement Information

I102Sch. 16 para. 18 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the International Travel Regulations”), the Health Protection (Coronavirus, Public Health Information for International Passengers) (England) Regulations 2020 and the Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021.

They impose requirements on certain categories of person to provide information upon arrival in England, to take coronavirus tests before and after arrival and to self-isolate in order to prevent the spread of infection or contamination from coronavirus or coronavirus disease. They also impose obligations on operators to ensure that passengers receive information and comply with the requirements.

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

Yn ôl i’r brig

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Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
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liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

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  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill