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

Regulation 3(12)

[F1 SCHEDULE 4A E+W

Textual Amendments

F1 Sch. 4A inserted (30.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(2), 14

[F2 PART 1 E+W Application of Regulations to Conference of the Parties participants

Textual Amendments

F2 Sch. 4A Pt. 1 inserted (9.10.2021 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(2), 18(3) (with reg. 23)

1.— (1) These Regulations apply in relation to participants in the COP World Leaders summit event (“the WLS event”) and the COP with the modifications contained in this Schedule. E+W

(2) A person (“P”) is a participant in the WLS event for the purposes of sub-paragraph (1) where sub-paragraph (3) and (4) apply in relation to P.

(3) P—

(a) either—

(i) travelled to the United Kingdom for the purpose of attending or facilitating the WLS event, and P is in England for the purpose of attending or facilitating the WLS event or of travelling in order to leave the 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 the WLS event; and

(b) has been invited by Her Majesty’s Government to attend or facilitate the WLS event.

(4) The relevant person has—

(a) provided written confirmation to the Foreign, Commonwealth and Development Office that P will comply with the health protocols for the WLS event; and

(b) received written confirmation from the Foreign, Commonwealth and Development Office that P is a person described in sub-paragraph (2) and the Foreign, Commonwealth and Development Office has not withdrawn the confirmation.

(5) Where P is—

(a) attending or facilitating the WLS event on behalf of a State, the relevant person for the purposes of sub-paragraph (4) is the relevant head of the mission or head of consular post in the United Kingdom, or, where no such person exists, the Minister for Foreign Affairs or a person acting on their authority;

(b) attending or facilitating the WLS event on behalf of a foreign territory, the relevant person for the purposes of sub-paragraph (4) is the head of the office representing the foreign territory in the United Kingdom;

(c) attending or facilitating the WLS event on behalf of an organisation, the relevant person for the purposes of sub-paragraph (4) is the head of the organisation;

(d) attending or facilitating the WLS event on their own behalf, the relevant person for the purposes of sub-paragraph (4) is P.

(6) For the purposes of sub-paragraph (5) “head of the mission” and “head of consular post” have the same meaning as in paragraph 1(4) of Schedule 4.

(7) A person (“P”) is a participant in the COP for the purposes of sub-paragraph (1) where sub-paragraph (8) applies in relation to P.

(8) P—

(a) either—

(i) travelled to the United Kingdom for the purpose of attending or facilitating the COP, and P is in England for the purpose of attending or facilitating the COP or of travelling in order to leave the 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 the COP;

(b) is a person who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat;

(c) has provided written confirmation to the Cabinet Office that P will comply with the health protocols for the COP; and

(d) has received written confirmation from the Cabinet Office that P is a person described in this sub-paragraph and the Cabinet Office has not withdrawn the confirmation.

WLS invitees and Part 2 participants E+W

2.— (1) This paragraph applies to a person (“P”) who is—

(a) a person invited by Her Majesty’s Government to attend the WLS event;

(b) a person invited by Her Majesty’s Government to attend both the WLS event and the COP; or

(c) a person described in Part 2 of this Schedule.

(2) Where this paragraph applies—

(a) P is not required to comply with regulation 3 (requirement on passengers to provide information);

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) Part 1B of these Regulations does not apply in relation to P;

(d) F4 ... Part 2 of these Regulations does not apply in relation to P.

Textual Amendments

F3 Sch. 4A Pt. 1 para. 2(2)(b) omitted (7.12.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 23) Regulations 2021 (S.I. 2021/1371), regs. 1(2), 6(4)(a)(i) (with reg. 11)

F4 Words in Sch. 4A Pt. 1 para. 2(2)(d) omitted (7.12.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 23) Regulations 2021 (S.I. 2021/1371), regs. 1(2), 6(4)(a)(ii) (with reg. 11)

Eligible category 2 participants E+W

3.— (1) This paragraph applies to a person (“P”) who—

(a) is not a person to whom paragraph 2 of this Schedule applies;

(b) is a person who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat;

(c) meets the conditions in regulation 3B (eligible travellers) as that regulation applies in relation to P with the modifications made by this paragraph.

(2) Regulation 3A (interpretation of Part) applies in relation to P as if, for the definition of “authorised vaccine”, there were substituted—

““authorised vaccine” means a medicinal product for vaccination against coronavirus authorised—

(i)

following evaluation by the regulator for a country or territory, or

(ii)

otherwise by the government of a country or territory, or pursuant to its authority;”.

(3) Regulation 3B applies in relation to P as if in paragraph (1)(b) the reference to regulations 3C to 3H were a reference to 3C to 3G.

(4) Regulation 3C applies in relation to P as if—

(a) paragraph (1)(b) to (e) were omitted;

(b) for paragraph (2)(a) there were substituted—

“(a) P has completed a course of doses of an authorised vaccine if P has received the complete course of doses of the authorised vaccine as specified in the manufacturer’s guidance for that vaccine;”;

(c) paragraph (3) were omitted.

(5) These Regulations apply in relation to P as if for regulations 3D and 3E there were substituted—

“3D.   P meets the requirements of this regulation if P has participated, or is participating in a clinical trial regulated by the relevant regulator in the country or territory where the trial is carried out, of a vaccine for vaccination against coronavirus and has declared on the Passenger Locator Form that P meets the COVID-19 vaccine eligibility criteria.”.

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) These Regulations apply in relation to P as if regulation and 3H and 3I were omitted.

(8) Regulation 3J applies in relation to P as if—

(a) paragraphs (2) to (5) were omitted;

(b) the reference in each of paragraphs (6) and (7) to “the day 2 test” were a reference to “a day 2 test”.

(9) These Regulations apply in relation to P as if paragraph 10(3) to (5) of Schedule 8 were omitted.

F6 (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) These Regulations apply in relation to P as if F7 ... Part 2 of these Regulations does not apply to P.

Textual Amendments

F5 Sch. 4A Pt. 1 para. 3(6) omitted (22.11.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 18) Regulations 2021 (S.I. 2021/1289), regs. 1(2), 19 (with reg. 23)

F6 Sch. 4A Pt. 1 para. 3(9A) omitted (7.12.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 23) Regulations 2021 (S.I. 2021/1371), regs. 1(2), 6(4)(b)(i) (with reg. 11)

F7 Words in Sch. 4A Pt. 1 para. 3(10) omitted (7.12.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 23) Regulations 2021 (S.I. 2021/1371), regs. 1(2), 6(4)(b)(ii) (with reg. 11)

Non-eligible category 2 participants E+W

4.— (1) This paragraph applies to a person (“P”) who—

(a) is not a person to whom paragraph 2 of this Schedule applies;

(b) is a person who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat;

(c) meets the condition in regulation 3B(1)(a) but does not meet the condition in regulation 3B(1)(b) as if that regulation has effect with the modifications made by paragraph 3(2) to (7).

(2) Where this paragraph applies these [F8 Regulations] apply in relation to P as if—

(a) other than [F9 regulation 6] and Schedule 8, Part 2 of these Regulations does not apply to P;

(b) for the purpose of regulation 6, paragraph (12)(c)(ii) applies to P (meaning that the testing package required for P includes a day 2 and a day 8 test);

(c) paragraphs (3) to (5) and (11) of regulation 6 were omitted;

(d) in Schedule 8—

(i) paragraph 3(2) provided for regulation 2A of the Self Isolation Regulations to continue to apply to a person within this paragraph.

(ii) paragraph 10(3) to (5) were omitted.

Textual Amendments

F8 Word in Sch. 4A Pt. 1 para. 4(2) substituted (7.12.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 23) Regulations 2021 (S.I. 2021/1371), regs. 1(2), 6(4)(c)(i) (with reg. 11)

F9 Words in Sch. 4A Pt. 1 para. 4(2)(a) substituted (7.12.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 23) Regulations 2021 (S.I. 2021/1371), regs. 1(2), 6(4)(c)(ii) (with reg. 11)

Eligible category 3 participants E+W

5.— (1) This paragraph applies to a person (“P”) who—

(a) is not a person to whom paragraph 2 of this Schedule applies;

(b) is a person who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat;

(c) does not meet the condition in regulation 3B(1)(a);

(d) meets the condition in regulation 3B(1)(b) as if that regulation has effect with the modifications made by paragraph 3(2) to (7) and the further modification made by sub-paragraph (2)(a).

(2) Where this paragraph applies, these Regulations apply in relation to P with following modifications—

(a) regulation 3C(1)(a) applies as if for “14th day” there were substituted “9th day”;

(b) Schedule 8 applies as if it required that—

(i) if the day 2 test taken by P generates a negative result, P is required to self-isolate in accordance with Schedule 11, as modified by this paragraph, until the end of the 5th day after P entered the designated accommodation,

(ii) if the day 8 test taken by P generate a positive result, P is required to self-isolate in accordance with regulation 2A of the Self-Isolation Regulations until the end of the 10th day after the day P undertook the test,

(iii) if the day 8 test taken by P generates an inconclusive result, P is required to self-isolate in accordance with regulation 2A of the Self-Isolation Regulations until the end of the 10th day after the day P undertook the test, or take a test of the description in paragraph 3(7)(b) of Schedule 8 (“the subsequent test”), in which case—

(aa) if the subsequent test generates a positive result, P must self-isolate in accordance with regulation 2A of the Self-Isolation Regulations until the end of the 10th day after the day P undertook that test,

(bb) if the subsequent test generates a negative result, P may cease self-isolation immediately;

(c) paragraph 10(a) of Schedule 11 applies as if instead of “10 days” there were specified “5 days”.]

[F10 PART 2] E+W Conference of the Parties Representatives

Textual Amendments

F10 Sch. 4A renumbered as Sch. 4A Pt. 2 (9.10.2021 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(2), 18(2) (with reg. 23)

1.   A representative of a party to the United Nations Framework Convention on Climate Change, a party to the Kyoto Protocol or a party to the Paris Agreement who is, or is to be, a representative at the COP. E+W

2.   A representative of an observer state who is, or is to be, a representative at the COP. E+W

3.   A representative of the Executive Board of the Clean Development Mechanism who is, or is to be, a representative at a meeting hosted by the Executive Board forming part of the COP. E+W

4.   An executive head of a specialized agency of the United Nations, or a person acting on their behalf, who is, or is to be, a representative at the COP and who is participating in or performing official functions in connection with the COP. E+W

5.   An officer of a specialized agency of the United Nations, other than a person who is locally recruited and assigned to hourly rates of pay, who is, or is to be, a representative at the COP and who is participating in or performing official functions in connection with the COP. E+W

6.   An expert performing a mission for a specialized agency of the United Nations who is, or is to be, a representative at the COP and who is participating in or performing official functions in connection with the COP. E+W

7.   An official of the Adaptation Fund, the Green Climate Fund or the Global Environment Facility who is, or is to be, a representative at the COP and who is essential to the participation of that organisation in the COP in order to enable that organisation to discharge, and report on, its mandate to— E+W

(a) the 26th session of the Conference of the Parties,

(b) the 16th session of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol, or

(c) the third session of the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement.

8.   An officer of the United Nations, other than a person who is locally recruited and assigned to hourly rates of pay, who is participating in or performing official functions in connection with the COP. E+W

9.   An expert, other than an officer of the United Nations, who is performing a mission on behalf of the United Nations in connection with the COP. E+W

10.   A representative of an international organisation, within the meaning of paragraph 1(4)(e) of Schedule 4, who is participating in or performing official functions in connection with the COP. E+W

11.   In this Schedule— E+W

(a) “observer state” means an observer state referred to in—

(i) paragraph 6 of Article 7 of the United Nations Framework Convention on Climate Change,

(ii) paragraph 8 of Article 13 of the Kyoto Protocol, or

(iii) paragraph 8 of Article 16 of the Paris Agreement;

(b) the specialized agencies of the United Nations are—

(i) the Food and Agriculture Organization;

(ii) the International Civil Aviation Organization;

(iii) the International Fund for Agricultural Development;

(iv) the International Labour Organization;

(v) the International Monetary Fund;

(vi) the International Maritime Organization;

(vii) the International Telecommunications Union;

(viii) the United Nations Educational, Scientific and Cultural Organization;

(ix) the United Nations Industrial Development Organization;

(x) the Universal Postal Union;

(xi) the World Bank, comprising—

(aa) the International Bank for Reconstruction and Development;

(bb) the International Development Association;

(cc) the International Finance Corporation;

(dd) the International Centre for Settlement of Investment Disputes; and

(ee) the Multilateral Investment Guarantee Agency;

(xii) the World Health Organization;

(xiii) the World Intellectual Property Organization;

(xiv) the World Meteorological Organization;

(xv) the World Tourism Organization.]