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

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Point in time view as at 24/02/2022.

Changes to legislation:

There are currently no known outstanding effects for the The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021, PART 2. Help about Changes to Legislation

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[F1PART 2E+WAdditional requirements on persons arriving in England who are not eligible travellers]

Textual Amendments

Requirement to possess notification of negative test resultE+W

F24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirements relating to testsE+W

5.—[F3(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.]

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

[F5(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).]

[F6(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).]

F7(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F8(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)].

F9(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1Reg. 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) [F12(other than a person specified in paragraph (6) of that regulation)].

F13(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)for themselves; and

(b)[F14if 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 [F15from 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 [F16is in England and]—

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

(b)is a child [F17who 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 [F18P 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) [F19(arrivals from places other than category 3 countries or territories)], a booking for a day 2 test,

[F20(ii)where P is a person falling within regulation 5(1)(b) [F21and (c) (arrivals from category 3 countries or territories)], a booking for a day 2 test and a day 8 test.]

Textual Amendments

Commencement Information

I2Reg. 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 [F22paragraphs (7) and (10)]—

[F23(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]

[F24(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 M1;

(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 [F255] of Schedule 4 (road haulage workers).

(9) [F26Subject 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.

[F27(10) Paragraphs (2) and (9) do not apply where—

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

[F28(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 [F29has, 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.]

[F30(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

I3Reg. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

Test requirements: offshore installation workersE+W

F318.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F32(Self-isolation requirements on arrivals [F33who are Schedule 11-exempt passengers])]E+W

9.—[F34(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 [F35or 7], and

(ii)self-isolate in accordance with paragraph 2 or 3 of Schedule 8 [F36or 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)F37...

(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,

[F38(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;

F39(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(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; [F41or]

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

F42(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(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) [F45Where 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 [F46Schedule 8 or paragraph 2 or 3 of Schedule 9; or]

(b)their departure from England; F47...

F47(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48(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 M2, 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 [F49paragraphs 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 F50...;

F51(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.

F52(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.

[F53(15) [F54Unless 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.]

F55(15A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56(19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4Reg. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M22006 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

F579A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F58....

(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

I5Reg. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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