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

[F1 regulation 3ZA]

SCHEDULE 7 E+W Testing before arrival in England

Textual Amendments

F1 Sch. 7 shoulder note 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(1)(e)(i) (with reg. 11)

Compliant tests E+W

1.  A test complies with this paragraph if—

(a) it is a test for the detection of coronavirus undertaken using a device which the manufacturer states has—

(i) a sensitivity of at least 80%,

(ii) a specificity of at least 97%, and

(iii) a limit of detection of less than or equal to 100,000 SARS-CoV-2 copies per millilitre;

(b) it is not a test provided or administered under the National Health Service Act 2006, the National Health Services (Wales) Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972; and

(c) the test sample is taken from the person no more than [F2 two] days before—

(i) in the case of that person travelling to England on a commercial transport [F3 service that—

(aa) does not involve the person transiting through a country or territory, the service’s scheduled time of departure;

(bb) involves the person transiting through a country or territory, the scheduled time of departure of the first part of the service], or

(ii) in any other case, the actual time of departure of the vessel or aircraft on which that person is travelling to England.

Textual Amendments

F2 Word in Sch. 7 para. 1(c) 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), 9(a)(i) (with reg. 11)

F3 Words in Sch. 7 para. 1(c)(i) 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), 9(a)(ii) (with reg. 11)

Commencement Information

I1 Sch. 7 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F4 1A.   For the purposes of paragraph 1, a person transits through a country or territory if they arrive in that country or territory for the sole purpose of continuing a journey to England—

(a) on a conveyance other than the conveyance on which they arrived, or

(b) on the same conveyance, having temporarily disembarked from it.]

Textual Amendments

F4 Sch. 7 para. 1A inserted (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), 9(b) (with reg. 11)

Form of notification of negative result E+W

2.  Notification of a negative test result must include, in English, French or Spanish, the following information—

(a) the name of the person from whom the sample was taken;

(b) that person's date of birth or age;

(c) the negative result of the test;

(d) the date the test sample was collected or received by the test provider;

(e) the name of the test provider and information sufficient to contact that provider [F5 or, where the notification is issued by an approved third country or territory, the country or territory in which the test was carried out];

(f) a statement—

(i) that the test was a polymerase chain reaction test, or

(ii) of the name of the device that was used for the test.

Textual Amendments

F5 Words in Sch. 7 para. 2(e) inserted (18.12.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 26) Regulations 2021 (S.I. 2021/1463), regs. 1(2), 8 (with reg. 12)

Commencement Information

I2 Sch. 7 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Persons not required to comply with [F6 regulation 3ZA] E+W

3.—(1) The persons referred to in [F7 regulation 3ZA(6)(d)] (and not required to comply with that regulation) are—

(a) a person (“P”) described in—

(i) paragraph 16(1)(b) of Schedule 4 where, prior to P's departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with [F8 regulation 3ZA], or

(ii) paragraph 17 of Schedule 4 where, prior to P's departure to the United Kingdom, the relevant Department has also certified that they are not required to comply with [F8 regulation 3ZA];

(b) a Crown servant or government contractor (“C”) who is required to undertake essential policing or essential government work in the United Kingdom or is returning from conducting such work outside the United Kingdom where, prior to C's departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with [F9 regulation 3ZA];

(c) a representative (“R”) of a foreign country or territory, or of the government of a British overseas territory, travelling to the United Kingdom to conduct official business with the United Kingdom where, prior to R's departure to the United Kingdom—

(i) 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 R is required 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) the Foreign Commonwealth and Development Office has then confirmed in writing to the person giving the notification in sub-paragraph (i) that—

(aa) it has received that confirmation, and

(bb) R is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with [F10 regulation 3ZA];

[F11 (ca) a specified person (“P”) 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 [F12 regulation 3ZA];]

(d) a person described in paragraph 31 of Schedule 4 (worker with specialist technical skills).

(2) In sub-paragraph (1)—

(a) “consular post” has the meaning given in paragraph 1(4) of Schedule 4;

[F13 (aa) “specified person” has the meaning given in paragraph 1(4A) of Schedule 4;]

(b) “Crown servant”, “essential government work”, “essential policing” and “government contractor” have the meaning given in paragraph 16(2) of Schedule 4.

Textual Amendments

F6 Words in Sch. 7 para. 3 heading 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(1)(e)(ii) (with reg. 11)

F7 Words in Sch. 7 para. 3(1) 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(5) (with reg. 11)

F8 Words in Sch. 7 para. 3(1)(a)(i)(ii) 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(1)(e)(iii)(aa) (with reg. 11)

F9 Words in Sch. 7 para. 3(1)(b) 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(1)(e)(iii)(bb) (with reg. 11)

F10 Words in Sch. 7 para. 3(1)(c)(ii)(bb) 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(1)(e)(iii)(cc) (with reg. 11)

F11 Sch. 7 para. 3(1)(ca) inserted (8.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/766), regs. 1(4), 12(a) (with reg. 16(1))

F12 Words in Sch. 7 para. 3(1)(ca)(ii) 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(1)(e)(iii)(dd) (with reg. 11)

F13 Sch. 7 para. 3(2)(aa) inserted (8.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/766), regs. 1(4), 12(b) (with reg. 16(1))

Commencement Information

I3 Sch. 7 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)