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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Point in time view as at 09/10/2021.

Changes to legislation:

There are currently no known outstanding effects for the The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021, Paragraph 1. Help about Changes to Legislation

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1.—(1) A person (“P”), other than a person described in sub-paragraph (2), 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)an officer or servant of an international organisation;

(d)employed by an international organisation as an expert or on a mission;

(e)a representative to an international organisation;

F1(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)a member of the official staff of a representative to an international organisation F2...;

(h)described in paragraph (a) or (b) who is 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;

(i)a representative of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom;

(j)a representative of the government of a British overseas territory;

(k)a diplomatic courier or a consular courier;

(l)a member of the family forming part of the household of a person falling within any of paragraphs (a) to (k).

(2) A person (“P”) where—

(a)P either—

(i)travelled to the United Kingdom for the purpose of attending or facilitating a [F3relevant international] event, and P is in England for the purpose of attending or facilitating a [F3relevant international] event or of travelling in order to leave [F4the United Kingdom], or

(ii)travelled to the United Kingdom for another purpose, and after their arrival in England is attending, facilitating, or travelling to or from a [F3relevant international] event;

(b)P has been invited by Her Majesty's Government to attend or facilitate the event F5...;

(c)the relevant person has provided written confirmation to the relevant Department that P will comply with the health protocols for the event; and

(d)the relevant Department has provided written confirmation to the relevant person that P is a person described in this sub-paragraph [F6and has not withdrawn this confirmation].

[F7(2A) A specified person (“P”) travelling to the United Kingdom to conduct official business with the United Kingdom where—

(a)P has been invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs; and

(b)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 are not required to comply with regulation 9.]

(3) The conditions referred to in regulation 9(15)(a)(i) (persons who are not required to comply with regulation 9) are that—

(a)the relevant head of the mission, consular post, international organisation, or conference, 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—

(i)P is required to undertake work which is essential to the functioning of the mission, consular post, international organisation, conference, or office, or to undertake work 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

(ii)that work cannot be undertaken whilst P is complying with regulation 9; and

(b)prior to P's arrival in the United Kingdom the Foreign, Commonwealth and Development Office—

(i)has confirmed in writing to the person giving the confirmation referred to in paragraph (a) that it has received that confirmation, and

(ii)where P is a representative of a foreign country or territory, has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 9.

(4) For the purposes of this paragraph—

[F8(za)“a Conference on Security Sector Reform event” means—

(i)the Conference on Security Sector Reform in Libya being hosted by Her Majesty’s Government between 11th and 13th October 2021;

(ii)a meeting, connected to the Conference on Security Sector Reform referred to in sub-paragraph (i), between representatives of States, foreign territories or organisations which are represented at the Conference on Security Sector Reform or between such representatives and an individual who has been invited by Her Majesty’s Government to attend or facilitate the Conference on Security Sector Reform on their own behalf;]

(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;

[F9(ba)“a COP Ministerial meeting” means—

(i)the Ministerial meeting organised by Her Majesty’s Government between 25th and 26th July 2021 in connection with the Conference of the Parties to the United Nations Framework Convention on Climate Change, adopted in New York on 9th May 1992;

(ii)a meeting, connected to the Ministerial meeting referred to in sub-paragraph (i), between representatives of States, foreign territories or organisations which are represented at the Ministerial meeting;]

(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)“G7 event” means—

(i)an event organised by Her Majesty's Government in connection with the United Kingdom's G7 2021 presidency,

(ii)a meeting, connected to an event described in [F10sub-paragraph (i)], between representatives of States, foreign territories or organisations which are represented at such an event;

F11(da). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(db)“a Global Investment Summit event” means—

(i)the Global Investment Summit being hosted by Her Majesty’s Government between 18th and 20th October 2021;

(ii)a meeting, connected to the Global Investment Summit referred to in sub-paragraph (i), between representatives of States, foreign territories or organisations which are represented at the Global Investment Summit or between such representatives and an individual who has been invited by Her Majesty’s Government to attend or facilitate the Global Investment Summit on their own behalf;]

(e)“international organisation” means an international organisation accorded privileges and immunities in the United Kingdom;

(f)“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 M1, and “head of consular post” has the meaning given in that Schedule;

(g)“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 M2;

[F13(ga)“relevant international event” means—

(i)a G7 event;

F14(ia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)a COP [F15Ministerial] Meeting;

F16(iia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(iv)a Global Investment Summit event;

(v)a Conference on Security Sector Reform event;]]

F19(gb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)“relevant person” means—

(i)where P is to attend or facilitate a [F20relevant international event] F21... on behalf of a State, a foreign territory or an organisation, the head of the relevant mission or [F22consular] post, the office representing the foreign territory in the United Kingdom or the organisation, [F23or]

(ii)where P is to attend or facilitate a [F20relevant international event] on their own behalf, P,

F24(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25(4A) For the purposes of sub-paragraph (2A)—

(a)“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 a government policy priority; and

(b)“government policy priority” means government policy which has been designated as such by the Foreign, Commonwealth and Development Office, and includes, in particular, policy related to the promotion and protection of human rights, and policy related to the mitigation of, or adaptation to, climate change.]

[F26(5) Any exemption provided for in this Schedule or any other provision of these Regulations from the duties that arise under Parts 1 or 2 or Schedule 4A is without prejudice to any immunity or privilege which is accorded to any person under the law of England and Wales.]

Textual Amendments

Commencement Information

I1Sch. 4 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M11968 c. 18. There are amendments but none is relevant.

M21964 c. 81. There are amendments but none is relevant.

Yn ôl i’r brig

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