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

Offences and penalties E+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 regulation 4 (requirement to possess notification of negative test result);

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

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

(e) without reasonable excuse P contravenes a requirement in regulation 8 (requirement for offshore installation workers to take tests);

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

(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);

(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 regulation 4, 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), (13)(j) or (16) of that regulation, if P reasonably believed at the time of the contravention that the test was an appropriate test (within the meaning given in paragraph 2 of Schedule 10); or

(c) Schedule 11 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.

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

(a) reasonable excuses for contravening regulation 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 regulation 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 regulation 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 9(11)(b), 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).

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

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

(a) regulation 13(1);

(b) regulation 16(1);

(c) regulation 17(1); F1 ...

[F2 (ca) regulation 17A(1);

(cb) regulation 17A(3); or]

(d) regulation 18(1).

(8) In relation to the offence in paragraph (7)(a) and the requirement to provide information at the times set out in regulation 13(2)(a), (b) or (c) 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.

[F3 (9) In relation to the offence in paragraph (7)(b), it is a defence—

(a) for an operator alleged to have failed to ensure that a passenger has completed a Passenger Locator Form, to show that they recorded a unique passenger reference number for the relevant passenger; or

(b) for an operator alleged to have failed to ensure that a passenger possesses evidence of eligibility for an exemption claimed in a Passenger Locator Form, to show that the passenger presented a document purporting to be appropriate evidence which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not appropriate evidence,

before that passenger presented at immigration control at the Channel Tunnel shuttle terminal area or boarded the relevant service, as the case may be.]

(10) In relation to the offence in paragraph (7)(c), it is a defence for an operator to show that the relevant passenger presented a document purporting to be a required notification which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not a required notification.

[F4 (10A) In relation to the offence in paragraph (7)(ca), it is a defence for the operator to show that a passenger presented a document purporting to be the required evidence which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not the required evidence.

(10B) In relation to the offence in paragraph (7)(cb) it is a defence for the operator to show that it was not reasonably practicable to have the processes and systems in place at the relevant time.]

(11) In relation to the offence in paragraph (7)(d), it is a defence for an operator to show that the operator, or a person acting on behalf of the operator, could not have reasonably been expected to know that a passenger was a Schedule 11 passenger.

(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.

[F5 (13A) An operator who without reasonable excuse fails to comply—

(a) with the requirement to keep records in regulation 17A(4); or

(b) with a request under regulation 17A(5) to provide records of information within the period specified for the purposes of regulation 17A(6),

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 M1 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.

(18) In paragraph (9), “unique passenger reference number” means a reference number which has been provided by or on behalf of a passenger and which includes the letters “UKVI” followed immediately by an underscore and thirteen alphanumeric characters.

(19) In paragraphs (9) and [F6 (10)], “relevant passenger” means a passenger who fails, without reasonable excuse—

(a) to provide evidence of having provided passenger information when requested to do so by an immigration officer pursuant to regulation 3(7); or

(b) to produce a valid notification of a negative result from a qualifying test when requested to do so by an immigration officer pursuant to regulation 4(4).

Textual Amendments

F1 Word in reg. 19(7)(c) omitted (19.7.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/865), regs. 1(2), 12(a) (with reg. 23)

F2 Reg. 19(7)(ca)(cb) inserted (19.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/865), regs. 1(2), 12(a) (with reg. 23)

F3 Reg. 19(9) substituted (2.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/914), regs. 1(2), 7 (with reg. 12(a))

F4 Reg. 19(10A)(10B) inserted (19.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/865), regs. 1(2), 12(b) (with reg. 23)

F5 Reg. 19(13A) inserted (19.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/865), regs. 1(2), 12(c) (with reg. 23)

F6 Word in reg. 19(19) substituted (22.6.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/731), regs. 1(2), 2(6)(b)

Commencement Information

I1 Reg. 19 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M1 1984 c. 60. Section 24 was substituted by section 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).