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

[F1 PART 1B E+W Additional requirements for eligible travellers

Textual Amendments

F1 Pt. 1B inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/1107), regs. 1(2), 6

Interpretation of Part E+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).

(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 a relevant country listed in paragraph (4), which would be authorised as provided for in paragraph (a)(i) or (ii) if the doses were received in the United Kingdom;

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

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

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

“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 on the NHS smartphone app developed and operated by the Secretary of State, through the website at NHS.uk or 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;

“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;

(b)

residents of the British overseas territories, the Channel Islands and the Isle of Man, as part of a programme agreed in the overseas territory, any of the Channel Islands, or the Isle of Man with the United Kingdom government; or

(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.

(3) The table referred to in paragraph (2) is—

Relevant country	Regulator
A member State	European Medicines Agency
Andorra	European Medicines Agency
Iceland	European Medicines Agency
Liechtenstein	European Medicines Agency
Monaco	European Medicines Agency
Norway	European Medicines Agency
San Marino	European Medicines Agency
The Vatican City State	European Medicines Agency
Switzerland	Swissmedic
The United States of America	United States Food and Drug Administration
Australia	The Therapeutic Goods Administration
Canada	Health Canada

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

• [F2 Albania]

• Antigua and Barbuda

• [F2 Bahamas]

• Bahrain

• [F2 Bangladesh]

• Barbados

• [F2 Bosnia and Herzegovina]

• [F2 Brazil]

• Brunei

• [F2 Chile]

• [F2 Colombia]

• Dominica

• [F2 Egypt]

• [F2 Georgia]

• [F2 Ghana]

• [F2 Grenada]

• [F2 Hong Kong]

• [F2 India]

• [F2 Indonesia]

• Israel

• [F2 Jamaica]

• Japan

• [F2 Jordan]

• [F2 Kenya]

• [F2 Kosovo]

• Kuwait

• Malaysia

• [F2 Maldives]

• [F2 Moldova]

• [F2 Montenegro]

• [F2 Morocco]

• [F2 Namibia]

• New Zealand

• [F2 Nigeria]

• [F2 North Macedonia]

• [F2 Oman]

• [F2 Pakistan]

• [F2 The Philippines]

• Qatar

• Saudi Arabia

• [F2 Serbia]

• Singapore

• [F2 South Africa]

• South Korea

• [F2 St Kitts and Nevis]

• [F2 St Lucia]

• [F2 St Vincent and the Grenadines]

• Taiwan

• [F2 Thailand]

• [F2 Turkey]

• [F2 Ukraine]

• United Arab Emirates.

• [F2 Vietnam]

[F3 (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

F2 Words in reg. 3A(4) inserted (11.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/1130), regs. 1(3), 5(2) (with reg. 23(2))

F3 Reg. 3A(5) inserted (11.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/1130), regs. 1(3), 5(3) (with reg. 23(2))

Eligible travellers E+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 P has not been in a category 3 country or territory; and

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

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 3B(2) omitted (11.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/1130), regs. 1(3), 6(2) (with reg. 23(2))

Eligible travellers: vaccination conditions E+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;

(b) received that course of doses in the United Kingdom or a relevant country;

(c) if the course of doses was received in the United States of America, is ordinarily resident in the United States of America [F5 unless P is able to provide proof through the NHS COVID pass];

(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,

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

(iv) a vaccine certificate;

(e) 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 (c); and

(f) [F6 Except 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;

(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.

(3) For the purposes of this regulation “vaccine certificate” means a certificate in English, French or Spanish issued by the competent health authority of a relevant country [F7 , other than a European country listed in the table in regulation 3A(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 each dose of the vaccine;

(e) details of either the identity of the issuer of the certificate or the country of vaccination, or both.

Textual Amendments

F5 Words in reg. 3C(1)(c) inserted (11.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/1130), regs. 1(3), 7(2)(a) (with reg. 23(2))

F6 Words in reg. 3C(1)(f) inserted (11.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/1130), regs. 1(3), 7(2)(b) (with reg. 23(2))

F7 Words in reg. 3C(3) inserted (11.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/1130), regs. 1(3), 7(3) (with reg. 23(2))

Eligible travellers: UK clinical trial conditions E+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 conditions E+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;

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

(d) is ordinarily resident in the United States of America and is able to provide proof of that residence if required by an immigration officer or the operator of the relevant service on which P travels to England.

Eligible travellers: UK clinical exemption conditions E+W

3F.   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 the NHS COVID pass 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: age and residence conditions E+W

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

(a) under the age of 18 years upon arrival in England; and

(b) ordinarily resident in the United Kingdom or a relevant country.

Eligible travellers: UK vaccine rollout overseas conditions E+W

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

(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; or

(b) a dependant of a person of the description in any of paragraphs (a) to (c) of the definition of “United Kingdom vaccine roll-out overseas” and is under the age of 18 years upon arrival in England.

(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 in the United Kingdom 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.

Testing requirements on eligible travellers (workers) E+W

3I.   An eligible traveller who, if they were not an eligible traveller, would be a person described in—

(a) regulation 5(3) is to be treated for the purposes of these Regulations as if regulation 5(4) (and, consequently, regulation 7 (requirement to undertake workforce tests)) applies to them;

(b) regulation 5(5) is to be treated for the purposes of these Regulations as if regulation 5(5) (and, consequently, regulation 8 (test requirements: offshore installation workers)) applies to them.

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

3J.— (1) [F8 Except as provided in paragraph (9A),] this regulation applies to an eligible traveller (“P”), other than an eligible traveller described in regulation 3I, when P arrives in England.

(2) Where P is an adult, P must possess a booking for a day 2 test for themselves and for any child aged 5 or older with whom they are travelling and for whom they have responsibility.

(3) Where P is an adult who arrives without a booking required by paragraph (2), P must as soon as practicable make such a booking.

(4) Where P is a child aged 5 or older, who is unaccompanied by an adult who has responsibility for P, and who arrives without a booking for a day 2 test, the adult with responsibility for P must make a booking for a day 2 test as soon as practicable after P arrives.

(5) P must provide evidence of a booking for a day 2 test if requested by an immigration officer or a constable.

(6) Where P is an adult, and in England, they must undertake the day 2 test.

(7) Where P is a child aged 5 or older, and in England, the adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the day 2 test.

(8) Where P does not undertake a day 2 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 replacement day 2 test.

(9) Where a replacement day 2 test is undertaken instead of a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation.

[F9 (9A) This regulation does not apply to P where P is—

(a) a person described in paragraph 1(1)(a) to (h) or (k) of Schedule 4 or a member of the family forming part of the household of such a person;

(b) a person described in paragraph 1(1)(i) or (j) (representatives of foreign countries or territories or British overseas territories) of Schedule 4 where the conditions in paragraph (9B) are met;

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

(i) the conditions in paragraph (9B) are met in relation to the person to whom paragraph (b) applies,

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

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

(d) a person described in paragraph 1(2) (relevant international event attendees etc) of Schedule 4;

(e) a specified person travelling to the United Kingdom to conduct official business with the United Kingdom where—

(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 departure to 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 are not required to comply with this regulation;

(f) a member of the family forming part of the household of a person to whom paragraph (e) applies where—

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

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

(g) a person described in paragraph 12A of Schedule 4 (non-disembarking cruise passenger);

(h) a person described in paragraph 16(1)(a) or (b) (persons certified as returning from essential state business etc.) of Schedule 4 where the relevant Department has certified that P meets this description and is not required to comply with this regulation;

(i) a person described in paragraph 17 (essential or emergency work outside the United Kingdom) of Schedule 4 where the relevant Department has certified that P is not required to comply with this regulation;

(j) a person, other than a Schedule 11 passenger, who on arrival in the United Kingdom—

(i) passes through to Guernsey, Jersey or the Isle of Man without entering the United Kingdom; or

(ii) enters the United Kingdom for the sole purpose of continuing a journey to Guernsey, Jersey or the Isle of Man and—

(aa) remains within their port of entry until their departure from England, or

(bb) travels directly from their port of entry to another port of departure in England;

(k) an official of a foreign government within the meaning of paragraph 4 of Schedule 4 who is engaged pursuant to a binding bilateral or multilateral agreement concerning controls at St Pancras, Ebbsfleet, Cheriton, Ashford or Dover;

(l) a person of the description in regulation 9(14) (temporary arrival from Wales or Scotland).

(9B) The conditions specified in this paragraph are that, prior to P’s departure to the United Kingdom—

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

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

(i) it has received that confirmation, and

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

(9C) Where a word or expression is defined for the purposes of Schedule 4 and is used in paragraph (9A) or (9B) of this regulation, the same definition applies for the purposes of that paragraph.]

(10) In this regulation—

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

(b) “replacement day 2 test” means a test meeting the requirements of a day 2 test save as to the time at which that test is to be undertaken.

Textual Amendments

F8 Words in reg. 3J(1) inserted (11.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/1130), regs. 1(3), 8(2) (with reg. 23(2))

F9 Reg. 3J(9A)-(9C) inserted (11.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/1130), regs. 1(3), 8(3) (with reg. 23(2))

Self-isolation requirements on eligible travellers E+W

3K.— (1) Where a person (“P”) is required by regulation 3J to undertake a day 2 test and—

(a) P fails to undertake a day 2 test before the end of the permitted period, paragraph (2) applies;

(b) P or, where P is a child, an adult with responsibility for P (“R”) receives notification that the day 2 test has generated—

(i) an inconclusive result, paragraph (3) applies;

(ii) a positive result, paragraph (4) applies.

(2) The Self-Isolation Regulations apply to P or, where P is a child, to R, as if—

(a) they had, immediately before the end of the permitted period, received notification from a relevant person under regulation 2A(1) of the Self-Isolation Regulations that P has tested positive for coronavirus,

(b) P’s period of self-isolation begins on deemed receipt of notification under sub-paragraph (a) and ends on the earlier of—

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

(ii) the time that P is notified of the result of a replacement day 2 test undertaken by P, and

(c) the requirements at regulation 2A(2)(b) and (3)(b) (notifying the relevant person of persons living in P’s household) were omitted.

(3) The Self-Isolation Regulations apply to P or, where P is a child, to R, as if—

(a) the notification of the inconclusive result were notification from a relevant person under regulation 2A(1) of the Self-Isolation Regulations that P has tested positive for coronavirus,

(b) P’s period of self-isolation begins on receipt of the notification of the inconclusive result and ends—

(i) if P does not undertake a replacement day 2 test, at the end of the 10th day after the day P undertook the day 2 test;

(ii) if P undertakes a replacement day 2 test which generates a negative result, on receipt of the negative result;

(iii) if P undertakes a replacement day 2 test which generates a positive result, at the end of the 10th day after the day P undertook the replacement day 2 test, and

(c) the requirements at regulation 2A(2)(b) and (3)(b) (notifying the relevant person of persons living in P’s household) were omitted.

(4) The Self-Isolation Regulations apply to P or, where P is a child, to R, as if the notification of the positive result were notification from a relevant person under regulation 2A(1) of those Regulations that P has tested positive for coronavirus.

(5) In this regulation—

(a) “the permitted period” means the period ending at the end of the second day after the day on which P arrived in England;

(b) “replacement day 2 test” has the meaning given in regulation 3J(10)(b).]