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

1. Introductory Text

2. PART 1 Introductory

   1. 1. Citation, commencement, extent and application

   2. 2. Interpretation and introduction of Schedules 1 to 4

   3. 2A. Exemptions for vaccinated travellers and others

3. PART 1A Requirements on persons arriving in England

   1. 3. Requirement on passengers to provide information

   2. 3ZA. Requirement to possess notification of negative test result

4. PART 1B Additional requirements for eligible travellers

   1. 3A. Interpretation of Part

   2. 3B. Eligible travellers

   3. 3C. Eligible travellers: vaccination conditions

   4. 3D. Eligible travellers: UK clinical trial conditions

   5. 3E. Eligible travellers: US clinical trial conditions

   6. 3EA. Eligible travellers: Non-UK or US clinical trial conditions

   7. 3F. Eligible travellers: UK clinical exemption conditions

   8. 3G. Eligible travellers: age condition

   9. 3H. Eligible travellers: UK vaccine rollout overseas conditions

   10. 3I. Testing requirements on eligible travellers (workers)

   11. 3J. Testing requirements on eligible travellers (non-workers)

   12. 3K. Self-isolation requirements on eligible travellers

   13. 3L. 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 3H

5. PART 2 Additional requirements on persons arriving in England who are not eligible travellers

   1. 4. Requirement to possess notification of negative test result

   2. 5. Requirements relating to tests

   3. 6. Requirement to book and undertake tests

   4. 7. Requirement to undertake workforce tests

   5. 8. Test requirements: offshore installation workers

   6. 9. Further requirements on arrivals from category 2 countries and territories

   7. 9A. 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 apply

   8. 10. Further requirements on arrivals from category 3 countries or territories

6. PART 3 Enforcement

   1. 11. Enforcement of requirement to self-isolate

   2. 12. Power of entry

7. PART 4 Requirements on operators

   1. 13. Passenger information requirement

   2. 14. Required information and manner

   3. 15. Records and information

   4. 16. Requirement to ensure passengers have completed a Passenger Locator Form

   5. 17. Requirement to ensure passengers possess notification of negative test result

   6. 17A. Requirement to ensure passengers possess evidence of vaccination

   7. 18. Requirement to ensure that certain passengers arrive only at designated ports

8. PART 4A Requirements on private test providers and diagnostic laboratories

   1. 18A. Requirements on test providers

   2. 18B. Requirements on other persons carrying out testing services

9. PART 5 Offences, proceedings and information

   1. 19. Offences and penalties

   2. 20. Fixed penalty notices

   3. 21. Prosecutions

   4. 22. Power to use and disclose information

   5. 23. Self-incrimination

10. PART 6 Final provisions

    1. 24. Review of need for requirements

    2. 25. Expiry of Regulations

    3. 26. Revocations, transitional provision consequential amendments and savings

11. Signature

12. SCHEDULES

    1. SCHEDULE 1

       Category 1 countries and territories

       1. There are no countries and territories specified in this Schedule...

    2. SCHEDULE 2

       Category 2 countries and territories

       1. Any country or territory outside the common travel area not...

    3. SCHEDULE 3

       Category 3 countries and territories

       1. There are no countries or territories specified in this Schedule....

    4. SCHEDULE 4

       Exemptions

       1. 1. (1) A person (“P”), other than a person described in...

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

       3. 3. (1) A person who is a Crown servant, a government...

       4. 4. An official of a foreign Government, required to travel to...

       5. 4A. An official of a foreign police force, required to travel...

       6. 5. (1) A road passenger transport worker. (2) For the purposes...

       7. 6. (1) Seamen and masters, as defined in section 313(1) of...

       8. 6A. (1) A person who has travelled to the United Kingdom...

       9. 7. A pilot, as defined in paragraph 22(1) of Schedule 3A...

       10. 8. An inspector, or a surveyor of ships, appointed under section...

       11. 9. (1) A member of aircraft crew where they have travelled...

       12. 10. Any of the following who have travelled to the United...

       13. 11. (1) The condition mentioned in regulation 7(10)(b) is that the...

       14. 12. (1) A transit passenger. (2) For the purposes of sub-paragraph...

       15. 12A. (1) A non-disembarking cruise passenger. (2) For the purposes of...

       16. 13. (1) A road haulage worker. (2) For the purposes of...

       17. 14. Civil aviation inspectors, as defined in Annex 9 to the...

       18. 15. Operational, rail maintenance, safety and security workers working on the...

       19. 16. (1) Any person who the relevant Department has certified as...

       20. 17. (1) A person returning from undertaking essential or emergency work...

       21. 18. A person designated by the relevant Minister under section 5(3)...

       22. 19. A person responsible for escorting a person sought for extradition...

       23. 20. A representative of any territory travelling to the United Kingdom...

       24. 21. (1) Workers engaged in essential or emergency works—

       25. 22. (1) Workers engaged in essential or emergency works relating to...

       26. 23. (1) Workers engaged in essential or emergency works—

       27. 24. (1) A person who is— (a) nuclear personnel, and who...

       28. 25. An inspector from the Organisation for the Prohibition of Chemical...

       29. 26. (1) A person who is— (a) carrying out a critical...

       30. 27. (1) A specialist aerospace engineer, or a specialist aerospace worker,...

       31. 28. (1) A person engaged in operational, maintenance or safety activities...

       32. 29. (1) A worker required to undertake or commence within the...

       33. 30. A postal operator, as defined in section 27(3) of the...

       34. 31. A worker with specialist technical skills, where those specialist technical...

       35. 32. A worker with specialist technical skills, where those specialist technical...

       36. 33. (1) Any of the following— (a) a person (“P”) who—...

       37. 34. (1) A person who has travelled to the United Kingdom...

       38. 35. A person who is an “inspector” within the meaning given...

       39. 36. (1) A person who— (a) has travelled to the United...

       40. 37. A person who has travelled to the United Kingdom to...

       41. 38. A person who is— (a) a “qualified person” within the...

       42. 39. (1) A person who has travelled to the United Kingdom...

       43. 40. A person who is engaged in urgent or essential work—...

       44. 41. A person— (a) who is engaged in the installation, maintenance...

       45. 42. (1) A person ordinarily resident in the United Kingdom and...

       46. 43. (1) A person who has an offer of employment for...

       47. 43A. (1) A person who has an offer of employment for...

       48. 43B. (1) A person who has an offer of employment to...

       49. 44. (1) A domestic elite sportsperson, an international elite sportsperson, a...

       50. 44A. (1) A Euro 2020 invitee. (2) For the purposes of...

       51. 44B. (1) A Euro 2020 Final attendee. (2) For the purposes...

       52. 45. (1) A person who has travelled to the United Kingdom...

       53. 46. A person who is travelling to the United Kingdom under,...

       54. 47. An in-flight security officer deployed pursuant to an international agreement...

       55. 48. (1) A senior executive. (2) The circumstances referred to in...

       56. 49. (1) A London Fashion Week invitee. (2) For the purposes...

       57. 50. (1) A performing arts professional working in connection with a...

       58. 51. (1) A person engaged in film or high end TV...

       59. 52. (1) A government contractor— (a) who is employed or engaged...

    5. SCHEDULE 4A

       1. PART 1 Application of Regulations to Conference of the Parties participants

          1. 1. (1) These Regulations apply in relation to participants in the...

          2. 2. WLS invitees and Part 2 participants

          3. 3. Eligible category 2 participants

          4. 4. Non-eligible category 2 participants

          5. 5. Eligible category 3 participants

       2. PART 2 Conference of the Parties Representatives

          1. 1. A representative of a party to the United Nations Framework...

          2. 2. A representative of an observer state who is, or is...

          3. 3. A representative of the Executive Board of the Clean Development...

          4. 4. An executive head of a specialized agency of the United...

          5. 5. An officer of a specialized agency of the United Nations,...

          6. 6. An expert performing a mission for a specialized agency of...

          7. 7. An official of the Adaptation Fund, the Green Climate Fund...

          8. 8. An officer of the United Nations, other than a person...

          9. 9. An expert, other than an officer of the United Nations,...

          10. 10. A representative of an international organisation, within the meaning of...

          11. 11. In this Schedule— (a) “observer state” means an observer state...

    6. SCHEDULE 5

       List of sporting events

       1. Betfred Super League Rugby Football League fixtures England & Wales...

    7. SCHEDULE 6

       Passenger information

       1. 1. Personal details of the passenger— (a) their full name;

       2. 2. Journey details of the passenger— (a) the address or addresses...

       3. 3. Where the passenger is travelling with a child for whom...

       4. 3A. Where the passenger meets the COVID-19 vaccination eligibility criteria for...

       5. 4. Where the passenger is a person required by regulation 9(2)...

       6. 5. Where regulation 3J (testing requirements on eligible travellers (non-workers)) requires...

    8. SCHEDULE 7

       Testing before arrival in England

       1. 1. Compliant tests

       2. 1A. For the purposes of paragraph 1, a person transits through...

       3. 2. Form of notification of negative result

       4. 3. Persons not required to comply with regulation 3ZA

    9. SCHEDULE 8

       Mandatory testing after arrival in England

       1. 1. Interpretation of this Schedule

       2. 2. Requirement to self-isolate on failure to undertake a mandatory test

       3. 3. Consequences of test results

       4. 4. Optional tests

       5. 5. Tests other than in accordance with these Regulations

       6. 6. Day 2 tests: general test requirements

       7. 7. Day 2 tests: private provider requirements

       8. 7A. Day 2 tests: general requirements for lateral flow device tests

       9. 7B. Day 2 tests: private provider requirements for lateral flow device tests

       10. 8. Day 8 tests: general test requirements

       11. 9. Day 8 tests: private provider requirements

       12. 10. Required circumstances for undertaking a day 2 test or a day 8 test

       13. 11. Notification of test results

       14. 11A. Notification of test results: lateral flow device tests

       15. 12. Charge for day 2 tests and day 8 tests

    10. SCHEDULE 9

        Workforce tests

        1. 1. Interpretation of this Schedule

        2. 2. Requirement after failure to undertake test

        3. 3. Consequences of test results

        4. 4. Duties on employers

    11. SCHEDULE 10

        Optional testing after arrival in England

        1. 1. Application of this Schedule

        2. 2. Appropriate tests

        3. 3. Test providers

        4. 4. Required circumstances for undertaking testing

        5. 5. Notification of test results

    12. SCHEDULE 11

        Additional measures applicable to arrivals from category 3 countries and territories

        1. 1. Application of this Schedule

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

        3. 3. Limitation on ports of entry

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

        5. 5. Duties on arrival

        6. 6. P must, on arrival in England, travel directly to the...

        7. 7. If P is not in possession of a managed self-isolation...

        8. 8. (1) In this Schedule a “managed self-isolation package” means—

        9. 8A. This paragraph applies where P arrives in England between 12...

        10. 9. Charge for managed self-isolation package

        11. 10. Duty to self-isolate and period of self-isolation

        12. 11. Exceptions from duty to self-isolate

        13. 12. Paragraph 10 does not require P to remain in self-isolation...

        14. 13. Permitted reasons to leave or be outside place of self-isolation

        15. 14. Meaning of “place”

        16. 15. Designations

        17. 16. Duties where P is a child

        18. 17. Person caring for P

        19. 18. Modification of application of this Schedule where P is a relevant person

        20. 18A. Requirement to provide contact details

        21. 18B. Requirement to self-isolate with P

        22. 18C. Requirement on employers of self-isolating workers

        23. 19. Modification of application of this Schedule where P is taking up employment as an NHS nurse

    13. SCHEDULE 12

        Information for passengers

        1. PART 1 Essential information to enter England from overseas

        2. PART 2

           1. Onboard announcement

           2. If you are fully vaccinated or otherwise meet the eligibility...

           3. If you are not fully vaccinated or do not meet...

           4. If you have been in or transited through any countries...

           5. The symptoms of coronavirus are a new continuous cough, a...

           6. Please follow the Public Health guidance for the area you...

           7. Visit gov.uk/coronavirus for more advice.

        3. PART 3 Relevant websites

           1. 1. The following are “the relevant websites” for the purposes of...

    14. SCHEDULE 13

        Prohibition on the arrival of aircraft and vessels into England

        1. 1. Interpretation of this Schedule

        2. 2. Prohibition on arrival of aircraft into England

        3. 3. Prohibition on arrival of vessels into England

        4. 4. The countries or territories referred to in paragraph 2(1) are—...

        5. 5. The countries or territories referred to in paragraph 3(1) are—...

        6. 6. A controller who contravenes paragraph 2(1) or 3(1) commits an...

        7. 7. Airport operators to ensure passengers use designated terminals

    15. SCHEDULE 14

        Amounts of fixed penalties

        1. 1. Amounts of fixed penalties

        2. 2. Regulation 19(1)(a)

        3. 3. Regulation 19(6)

        4. 3A. Regulation 19(6A)

        5. 4. Regulation 19(1)(b)

        6. 5. Regulation 19(1)(c)

        7. 6. Regulation 19(1)(d)

        8. 7. Regulation 19(1)(e)

        9. 8. Regulation 19(1)(f) and (iza)

        10. 9. Regulation 19(1)(g)

        11. 10. Regulation 19(1)(h)

        12. 11. Regulation 19(1)(i) , (ia), (ic) and (j)

        13. 12. Regulation 19(1)(j)

        14. 12A. Breach of a requirement in paragraph 5 , 16(a) or...

        15. 13. Regulation 19(1)(id) and (k)

        16. 14. Regulation 19(7)(a)

        17. 15. Regulation 19(7)(b) to (d)

        18. 15A. Regulation 19(7)(cd)

        19. 16. Regulation 19(13)

        20. 16A. Regulation 19(13A)

        21. 16B. Regulation 19(13B)(a)

        22. 16C. Regulation 19(13B)(b)

        23. 17. Regulation 19(14)

        24. 18. In determining how many fixed penalty notices a person (“P”)...

    16. SCHEDULE 15

        Consequential Amendments

        1. 1. (1) The Health Protection (Notification) Regulations 2010 are amended as...

        2. 2. (1) The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020...

    17. SCHEDULE 16

        Transitional provision

        1. 1. Passenger information provided before 4.00 a.m. on 17th May 2021...

        2. 2. Confirmation given by the Foreign, Commonwealth and Development Office that...

        3. 3. A designation by the Secretary of State of a person...

        4. 4. Regulation 5A of the 2020 Regulations continues to have effect...

        5. 5. A designation by the Secretary of State of a person...

        6. 6. A designation by the Secretary of State of a person...

        7. 7. A designation by the Secretary of State under regulation 8...

        8. 8. A confirmation from the Foreign, Commonwealth and Development Office or...

        9. 9. A booking of a managed self-isolation package made before 4.00...

        10. 10. A designation by the Secretary of State under paragraph 9...

        11. 11. Authorisation by the Secretary of State under paragraph 13(2)(a) of...

        12. 12. A designation by the Secretary of State of accommodation or...

        13. 13. Confirmation by the Secretary of State that paragraph 18 of...

        14. 14. Confirmation by a sponsor that paragraph 19 of Schedule B1A...

        15. 15. Confirmation by a UK Government Department under paragraph 1(1A)(d) of...

        16. 16. Certification by a UK Government Department under paragraphs 13 or...

        17. 17. A designation by the Secretary of State under paragraph 12(1)...

        18. 18. Guidance issued by the Secretary of State pursuant to paragraph...

13. Explanatory Note