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

Status:

Point in time view as at 24/02/2022.

Changes to legislation:

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SCHEDULES

Regulation 2(1)

F1SCHEDULE 1E+WCategory 1 countries and territories

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 2(1)

SCHEDULE 2E+WCategory 2 countries and territories

Commencement Information

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

E+W

Any country or territory outside the common travel area not listed in Schedule 1 or Schedule 3.

Regulation 2(1)

SCHEDULE 3E+WCategory 3 countries and territories

Commencement Information

I2Sch. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F2There are no countries or territories specified in this Schedule.]

Textual Amendments

Regulation 2(5)

[F3SCHEDULE 4E+WExemptions

Textual Amendments

Seasonal and temporary horticultural and food processing workersE+W

1.—(1)  A person who has an offer of employment—E+W

(a)for seasonal work to carry out specified activities in horticulture at specified premises;

(b)to carry out specified pork processing activities at specified premises.

(2) For the purposes of sub-paragraph (1)(a)—

(a)“horticulture” means growing—

(i)protected vegetables grown in glasshouse systems,

(ii)field vegetables grown outdoors, including vegetables, herbs, leafy salads and potatoes,

(iii)soft fruit grown outdoors or under cover,

(iv)trees that bear fruit,

(v)vines and bines,

(vi)mushrooms,

(vii)bulbs and cut flowers grown outdoors and indoors,

(viii)pot plants, including seasonal bedding plants,

(ix)hardy ornamental nursery stock, including Christmas trees,

(x)trees and saplings in tree and forest nurseries;

(b)“seasonal work” is employment which fluctuates or is restricted due to the season or time of the year;

(c)“specified activities” means—

(i)crop cultivation,

(ii)crop maintenance,

(iii)crop harvesting,

(iv)crop husbandry,

(v)tunnel construction and dismantling,

(vi)irrigation installation and maintaining,

(vii)packing and processing of crops on employer’s premises,

(viii)preparing and dismantling growing areas and media,

(ix)general primary production work in horticulture,

(x)activities relating to supervising teams of horticulture workers;

(d)“specified premises” means the farm, nursery or glasshouse named in the offer of employment.

(3) For the purposes of sub-paragraph (1)(b)—

(a)“specified pork processing activities” means—

(i)slaughtering and butchering pigs,

(ii)preparing and processing pig meat;

(b)“specified premises” means the slaughterhouse, processing site or farm named in the offer of employment.

PART 2E+WTransport workers

2.—(1) A member of aircraft crew where they have travelled to the United Kingdom in the course of their work or are otherwise required to travel to the United Kingdom for work purposes.E+W

(2) For the purposes of this paragraph—

(a)“member of aircraft crew” means a person who—

(i)acts as a pilot, flight navigator, flight engineer or flight radiotelephony operator of an aircraft,

(ii)is carried on the flight deck and is appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew under article 114(2) of the Air Navigation Order 2016 or under Annex III or Annex VI of the Air Operations Regulation, or

(iii)is carried on the flight for the purpose of performing duties to be assigned by the operator or the pilot in command of the aircraft in the interests of the safety of passengers or of the aircraft;

(b)travel for work purposes includes, in particular—

(i)where the member of aircraft crew resides outside the United Kingdom, travelling to the United Kingdom to work on an aircraft departing from the United Kingdom,

(ii)travelling to attend work-related training in the United Kingdom,

(iii)returning to the United Kingdom following work-related training outside the United Kingdom;

(iv)returning to the United Kingdom following work as a member of aircraft crew outside of the United Kingdom;

(c)“Air Operations Regulation” has the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016.

3.  A civil aviation inspector, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7th December 1944, where they have travelled to the United Kingdom when engaged on inspection duties.E+W

4.—(1) A road passenger transport worker where they have travelled to the United Kingdom in the course of their work.E+W

(2) For the purposes of this paragraph—

(a)“road passenger transport worker” means—

(i)the driver of a public service vehicle, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council;

(b)“driver” includes a person who is travelling in a vehicle as a relief driver;

(c)“public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 1981.

5.—(1) A road haulage worker where they have travelled to the United Kingdom in the course of their work.E+W

(2) For the purposes of this paragraph—

(a)“driver” includes a person who is travelling in a vehicle as a relief driver;

(b)“goods vehicle” has the meaning given in section 192 of the Road Traffic Act 1988;

(c)“road haulage worker” means—

(i)the driver of a goods vehicle that is being used in connection with the carriage of goods, other than goods for non-commercial personal use by the driver, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.

6.  Operational, rail maintenance, safety and security workers working on the tunnel system who have travelled to the United Kingdom in the course of their work.E+W

7.  Any of the following who have travelled to the United Kingdom in the course of their work—E+W

(a)drivers and crew on shuttle services and on services for the carriage of passengers or goods by way of the tunnel system;

(b)other workers carrying out essential roles 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.

8.—(1) A seafarer.E+W

(2) For the purposes of this paragraph—

(a)“seafarer” means—

(i)a seaman or master, as defined in section 313(1) of the Merchant Shipping Act 1995, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007,

(ii)a pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom, or

(iii)an inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995, or by a government of a relevant British possession as defined in section 313(1) of that Act, where they have travelled to the United Kingdom in the course of their work.

(b)“the Maritime Labour Convention, 2006” means the Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organisation;

(c)“the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14th June 2007 by the International Labour Organisation.

9.—(1) A person who has travelled to the United Kingdom in the course of their work carrying out an essential role at a port for the safe or efficient operation of ferry services which cannot be done remotely.E+W

(2) In sub-paragraph (1), “ferry services” means the services operating on any maritime shipping routes between England and Belgium, Denmark, France, Germany, Ireland, the Netherlands, Spain or Sweden where the service is or will be operated at least once a week.

10.—(1) A government contractor who—E+W

(a)is employed or engaged to provide support and advice—

(i)about border controls and preparedness for those controls,

(ii)to road haulage workers, and

(iii)on board a vessel during any voyage between a port in England and the port of Bilbao, Caen, Calais, Cherbourg, Dieppe, Dunkirk, Hook of Holland, Rotterdam or Santander, and

(b)has travelled to the United Kingdom in the course of that work.

(2) For the purposes of sub-paragraph (1), “road haulage worker” has the meaning given in paragraph 5(2)(c).

PART 3E+WBorder security duties

11.—(1) A Crown servant or government contractor where they are—E+W

(a)required to undertake essential government work related to the United Kingdom border in the United Kingdom; or

(b)undertaking essential government work related to the United Kingdom border outside of the United Kingdom but—

(i)are required to return to the United Kingdom temporarily,

(ii)will thereafter depart to undertake essential government work related to the United Kingdom border outside of the United Kingdom.

(2) For the purposes of sub-paragraph (1), “essential government work” means work which has been designated as such by the relevant Department or employer.

12.  An official of a foreign Government, required to travel to the United Kingdom to undertake essential border security duties, or a contractor directly supporting these essential border security duties where—E+W

(a)they are in possession of a written notice signed by a senior member of their foreign Government confirming that they are required to undertake essential border security duties in the United Kingdom; or

(b)their deployment is pursuant to a standing bilateral or multilateral agreement with Her Majesty’s Government on the operation of the Border controls within the United Kingdom.

PART 4E+WLaw enforcement

13.   An official of a foreign police force, required to travel to the United Kingdom to undertake policing activities, or a contractor directly supporting policing activities, where the relevant Department or police force in the United Kingdom has certified that the activities are essential to the foreign police force.E+W

14.  A person responsible for escorting a person for the purposes of the Repatriation of Prisoners Act 1984, the Colonial Prisoners Removal Act 1884 or the Extradition Act 2003.E+W

15.  A person who is being lawfully compelled to travel to the United Kingdom in the course of an extradition, prisoner transfer or deportation.E+W

PART 5E+WOther work-related exemptions

16.—(1)  A person who has travelled to the United Kingdom for the purpose of transporting material which consists of, or includes, human cells or blood and which is to be used for the provision of healthcare by a healthcare provider.E+W

(2) For the purposes of sub-paragraph (1)—

(a)“blood” includes blood components;

(b)“healthcare” means all forms of healthcare provided for individuals, whether relating to mental or physical health, including healthcare in connection with giving birth.

17.—(1) Any person in respect of whom the relevant Department has certified—E+W

(a)as being a person who is—

(i)a Crown servant or government contractor who is required to undertake essential government work or essential policing whilst in the United Kingdom or is returning from conducting such work outside of the United Kingdom,

(ii)a person who is required to undertake essential state business in the United Kingdom or is returning from conducting such business outside of the United Kingdom, or

(iii)a person returning to the United Kingdom where this is necessary to facilitate essential government operations and includes, in particular, the functioning of a diplomatic mission or consular post of Her Majesty or of a military or other official posting on behalf of Her Majesty, and

(b)that, as a result, the person cannot reasonably comply with the requirements of one or more of the following—

(i)regulation 3ZA (requirement to possess notification of negative test result);

(ii)regulation 6 (requirement to book and undertake tests);

(iii)regulation 9 (self-isolation requirements on arrivals [F4who are Schedule 11-exempt passengers]);

(iv)Schedule 11 (additional measures applicable to arrivals from category 3 countries and territories).

(2) For the purposes of sub-paragraph (1)—

(a)“consular post” means any consulate-general, consulate, vice-consulate or consular agency;

(b)“essential government operations” means activity which has been designated as essential to the United Kingdom or Her Majesty’s Government by the relevant Department, and, includes, in particular, activity relating to the functioning of a diplomatic mission or consular post of Her Majesty or of a military or other official posting on behalf of Her Majesty;

(c)“essential government work” means work which has been designated as such by the relevant Department, and includes, in particular, work related to national security, the work of the National Crime Agency in pursuance of its statutory functions, and work related to immigration, the coronavirus disease or any other crisis response, but does not include work of the description in paragraph 11 of this Schedule (essential work related to the United Kingdom border);

(d)“essential policing” means policing which has been designated as such on behalf of the relevant chief officer or chief constable;

(e)“essential state business” means activity which has been designated as essential to the United Kingdom or Her Majesty’s Government by the relevant Department, and includes, in particular, bilateral or multilateral discussions with another state or international organisation and visits to another state on behalf of the United Kingdom or Her Majesty’s Government.

Textual Amendments

18.—(1) Any person in respect of whom the relevant Department has certified—E+W

(a)as being a person who is required to undertake essential or emergency work in the United Kingdom which is necessary to facilitate essential government work, or is returning from undertaking such work outside of the United Kingdom, and

(b)that, as a result, the person cannot reasonably comply with the requirements of one or more of the following—

(i)regulation 3ZA (requirement to possess notification of negative test result);

(ii)regulation 6 (requirement to book and undertake tests);

(iii)regulation 9 (self-isolation requirements on arrivals [F5who are Schedule 11-exempt passengers]);

(iv)Schedule 11 (additional measures applicable to arrivals from category 3 countries and territories).

(2) For the purposes of sub-paragraph (1) “essential government work” has the same meaning as in paragraph 17.

Textual Amendments

19.—(1) A person (“P”) 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)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;

(d)a sovereign or other head of State who enjoys immunities and privileges by virtue of the State Immunity Act 1978;

(e)a member of the family forming part of the household of a person falling within any of paragraphs (a) to (d);

(f)a diplomatic courier or a consular courier.

(2) A person (“P”) described in paragraph (a) of sub-paragraph (5) who meets the conditions set out in sub-paragraph (6).

(3) A person (“P”) who is travelling to the United Kingdom to conduct official business who—

(a)if P is described in paragraph (b) to (e) of sub-paragraph (5), meets the conditions set out in sub-paragraph (7);

(b)if P is described in paragraph (f) of sub-paragraph (5), meets the conditions set out in sub-paragraph (8).

(4) A person (“P”) described in paragraphs (f) to (h) of sub-paragraph (5) who is travelling to the United Kingdom to conduct official business with the United Kingdom and meets the conditions set out in sub-paragraph (9).

(5) A person who—

(a)enjoys relevant immunities and privileges in the United Kingdom and is not described in sub-paragraph (1);

(b)is an officer or servant of an international organisation;

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

(d)is a representative to an international organisation;

(e)is a member of the official staff of a representative to an international organisation;

(f)is a representative of a foreign country or territory;

(g)is a representative of the government of a British overseas territory;

(h)is a specified person.

(6) The conditions referred to in sub-paragraph (2) are that—

(a)the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is travelling to the United Kingdom, the office held by P, the capacity in which P is travelling to the United Kingdom and that the person considers that one or more of the relevant provisions does not apply to P, and

(b)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person referred to in paragraph (a) that it considers P to fall within the description in sub-paragraph (5)(a) and that one or more of the relevant provisions do not apply to P.

(7) The conditions referred to in sub-paragraph (3)(a) are that—

(a)the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work and that P cannot reasonably undertake the relevant work while complying with one or more of the relevant provisions, and

(b)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person referred to in paragraph (a) that it considers P to be travelling to the United Kingdom to conduct the relevant work and that P cannot reasonably undertake the work while complying with one or more of the relevant provisions.

(8) The conditions referred to in sub-paragraph (3)(b) are that—

(a)the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that—

(i)P is required to undertake relevant work relating to—

(aa)essential maintenance and repair of an information technology or security system necessary for the functioning of a mission or consular post in the United Kingdom which represents the relevant foreign country, or

(bb)the holding of an election or referendum in accordance with the laws or regulations of a foreign country or territory, and

(ii)P cannot reasonably undertake the relevant work while complying with one or more of the relevant provisions, and

(b)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person referred to in paragraph (a) that it considers P to be travelling to the United Kingdom to conduct the relevant work and that P cannot reasonably undertake the work while complying with one or more of the relevant provisions.

(9) The conditions referred to in sub-paragraph (4) are that—

(a)where P is not a specified person—

(i)the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work and that P cannot reasonably undertake the relevant work while complying with one or more of the relevant provisions, and

(ii)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person referred to in paragraph (a)(i) that P is travelling to the United Kingdom to conduct official business with the United Kingdom and that P cannot reasonably undertake the work while complying with one or more of the relevant provisions;

(b)where P is a specified person—

(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 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 cannot reasonably conduct that business while complying with one or more of the relevant provisions.

(10) For the purposes of this paragraph—

(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;

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

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

(f)“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;

(g)“relevant immunities and privileges” means inviolability, immunity from arrest or detention, or any immunity or privilege with equivalent effect which is accorded to any person under the law of England and Wales;

(h)“relevant provisions” means—

(i)regulation 3 (requirement to provide passenger information);

(ii)regulation 3ZA (requirement to possess notification of negative test result);

(iii)regulation 6 (requirement to book and undertake tests);

(iv)regulation 9 (self-isolation requirements on arrivals [F6who are Schedule 11-exempt passengers]);

(v)Schedule 11 (additional measures applicable to arrivals from category 3 countries and territories);

(i)“relevant work” means—

(i)where P is a person described in sub-paragraph (5)(b), (c), (d) or (e), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the functioning of the relevant international organisation;

(ii)where P is a person described in sub-paragraph (5)(f), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the foreign country represented by the relevant mission or consular post in the United Kingdom or the foreign territory represented by the relevant office in the United Kingdom (as the case may be);

(iii)where P is a person described in sub-paragraph (5)(g), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the relevant British overseas territory;

(j)“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 government policy related to national security, the promotion and protection of human rights, the mitigation of, or adaptation to, climate change, the maintenance of international peace and security, or the maintaining or enhancing of biodiversity;

(k)“stipulated person” means—

(i)where P is a person described in sub-paragraph (5)(a), the head of the relevant international organisation, the relevant head of the mission or head of consular post in the United Kingdom or the relevant head of the office representing a foreign territory in the United Kingdom (as the case may be);

(ii)where P is a person described in sub-paragraph (5)(b), (c), (d) or (e), the head of the relevant international organisation;

(iii)where P is a person described in sub-paragraph (5)(f), the relevant head of the mission or head of consular post in the United Kingdom or the relevant head of the office representing a foreign territory in the United Kingdom (as the case may be);

(iv)where P is a person described in sub-paragraph (5)(g), the relevant Governor of a British overseas territory.

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

Textual Amendments

20.—(1) A person who is a Crown servant, a government contractor, or a member of a visiting force, who—E+W

(a)is required to undertake work necessary to the delivery of essential defence activities;

(b)has travelled from a point of origin within the common travel area or from a category 2 country or territory on a vessel or aircraft operated by, or in support of, Her Majesty’s armed forces or by, or in support of, a visiting force and that vessel or aircraft has not taken on any persons, docked in any port or landed in any category 3 country or territory; or

(c)has undertaken a continuous period of at least 10 days ending with the day immediately preceding the day of their arrival in the United Kingdom aboard a vessel operated by or in support of Her Majesty’s Naval Service or by, or in support of, a visiting force, where they have not disembarked and that vessel has not taken on any persons or docked in any port outside of the common travel area for a period of at least 10 days ending with the day of its arrival in the United Kingdom.

(2) For the purposes of sub-paragraph (1)—

(a)“defence” has the meaning given in section 2(4) of the Official Secrets Act 1989;

(b)“visiting force” means any body, contingent or detachment of the forces of a country, being a body, contingent or detachment for the time being present in the United Kingdom (including United Kingdom territorial waters), on the invitation of Her Majesty’s Government in the United Kingdom.

21.  An in-flight security officer deployed pursuant to an international agreement to which the United Kingdom is a party.E+W

PART 6E+WOther exemptions

22.—(1) A non-disembarking cruise passenger.E+W

(2) For the purposes of sub-paragraph (1), “non-disembarking cruise passenger” means a person, including a crew member, who travels to a port in England on a cruise ship but does not disembark from the cruise ship at any point while it is—

(a)moored at a port in England, or

(b)in the territorial waters adjacent to England.

23.—(1) A non-CTA transit passenger.E+W

(2) For the purposes of sub-paragraph (1), “non-CTA transit passenger” means a person who on arrival in the United Kingdom—

(a)passes through to another country or territory outside the common travel area without entering the United Kingdom; or

(b)enters the United Kingdom for the sole purpose of continuing a journey to a country or territory outside the common travel area and—

(i)remains within their port of entry until their departure from England, or

(ii)travels directly from their port of entry to another port of departure in England.

24.—(1) A CTA transit passenger.E+W

(2) For the purposes of sub-paragraph (1), “CTA transit passenger” means a person other than a Schedule 11 passenger who on arrival in the United Kingdom—

(a)passes through to Guernsey, Jersey or the Isle of Man without entering the United Kingdom; or

(b)enters the United Kingdom for the sole purpose of continuing a journey to Guernsey, Jersey or the Isle of Man and—

(i)remains within their port of entry until their departure from England, or

(ii)travels directly from their port of entry to another port of departure in England.

25.—(1) A short-stay cruise passenger.E+W

(2) For the purposes of sub-paragraph (1), “short-stay cruise passenger” means a person other than a Schedule 11 passenger who arrives in England on a cruise ship and is due to depart from England on the same cruise ship within 48 hours of their arrival.]

Regulation 3(12)

F7SCHEDULE 4AE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Paragraph 44(2) of Schedule 4

F8SCHEDULE 5E+WList of sporting events

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 3(1)

SCHEDULE 6E+WPassenger information

[F9PART 1E+WInformation to be provided by all passengers]

Textual Amendments

1.  Personal details of the passenger—E+W

(a)their full name;

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)their date of birth;

[F11(ca)their nationality;

(cb)their travel document type;]

(d)their passport number, or travel document reference number (as appropriate), issue and expiry dates and issuing authority;

(e)their telephone number;

(f)their home address;

(g)their email address.

Textual Amendments

Commencement Information

I3Sch. 6 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

2.  Journey details of the passenger—E+W

(a)the address or addresses in the United Kingdom at which—

(i)in the case of a person who is required to comply with regulation 9 [F12or 10] (requirement to self-isolate), they intend to self-isolate and including, where regulation [F1310] applies, the booking reference number for the managed self-isolation package booked by or on behalf of P, or

(ii)in the case of any other person, they intend to stay during the period of 10 days beginning on the day after the date of their arrival in the United Kingdom;

(b)the date, or planned date, as appropriate of their arrival at an address specified in subparagraph (a);

(c)the operator they are travelling with or through which their booking was made;

F14(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)their coach number;

(f)the flight number or vessel name;

(g)the location at which they will arrive in the United Kingdom;

(h)the country or territory they are travelling from;

F15(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)any other country or territory they have departed from or transited through in the period beginning with the 10th day before the date of their arrival in England, and in any such case, the dates of departing from or transiting through any such country or territory;

F15(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)the date and time, or planned date and time, as appropriate, of their arrival in the United Kingdom;

(m)whether they are connecting through the United Kingdom to a destination outside the United Kingdom and, if so—

(i)the location at which they will depart from in the United Kingdom,

(ii)their final destination country or territory,

(iii)the operator they are travelling with or through which their booking was made for their onward journey,

F16(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)the flight number or vessel name for their onward journey,

(vi)the coach number for their onward journey.

Textual Amendments

Commencement Information

I4Sch. 6 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

F173.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F18PART 2E+WInformation to be provided by eligible travellers only]

Textual Amendments

[F193A.  Where the passenger meets the COVID-19 vaccination eligibility criteria F20..., and indicates that on the Passenger Locator Form, the fact that the passenger meets those criteria.]E+W

Textual Amendments

[F21PART 3E+WInformation to be provided by passengers other than eligible travellers only]

Textual Amendments

F224.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

5.  Where F23... regulation 6 (requirement to book and undertake tests) requires a testing package—E+W

(a)the name of the test provider;

(b)the test reference number provided to them by the test provider in accordance with paragraph 10(5) of Schedule 8.

Textual Amendments

Commencement Information

I5Sch. 6 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F24regulation 3ZA]

SCHEDULE 7E+WTesting before arrival in England

Textual Amendments

Compliant testsE+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 [F25two] days before—

(i)in the case of that person travelling to England on a commercial transport [F26service 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

Commencement Information

I6Sch. 7 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F271A.  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

Form of notification of negative resultE+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 [F28or, 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

Commencement Information

I7Sch. 7 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Persons not required to comply with [F29regulation 3ZA] E+W

F303.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 6(10)

SCHEDULE 8E+WMandatory testing after arrival in England

Interpretation of this ScheduleE+W

1.—(1) In this Schedule—

(a)“default self-isolation period” means—

(i)in the case of a non-Schedule 11 passenger, the period specified in paragraph (7)(a) of regulation 9 (requirement to self-isolate),

(ii)in the case of a Schedule 11 passenger, the period specified in paragraph 10(a) of Schedule 11;

(b)“mandatory test” means a day 2 test or a day 8 test within the meaning of regulation 6(12);

(c)“non-Schedule 11 passenger” means a person to whom regulation 9 applies;

[F31(d)“P”—

(i)means a person required to undertake a mandatory test under regulation 6 (requirement to book and undertake tests), and

F32(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(e)“private provider” means a test provider other than a public provider;

(f)“public provider” means a test provider who provides or administers a test 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;

(g)“relevant self-isolation provisions” means—

(i)in relation to a Schedule 11 passenger, regulation [F3310] and Schedule 11,

(ii)in relation to a non-Schedule 11 passenger, regulation 9.

(2) Where this Schedule requires P to continue to self-isolate in accordance with the relevant self-isolation provisions—

(a)regulation 19 (offences and penalties) applies in relation to that requirement as it applies in relation to the relevant self-isolation provisions;

F34(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I8Sch. 8 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Requirement to self-isolate on failure to undertake a mandatory testE+W

2.—(1) Sub-paragraph (2) applies where P is [F35a person described in regulation 5(1)(b) or (c)] and—

(a)either—

(i)P fails to undertake a day 2 test, or

(ii)P's day 2 test generates a negative or inconclusive result, and

(b)P fails to undertake a day 8 test.

(2) Where this sub-paragraph applies, P must continue to self-isolate in accordance with the relevant self-isolation provisions until the end of the 14th day after the day on which they arrived in England.

F36(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where P undertakes a test to which paragraph 3(7)(b) applies and which generates—

(a)a positive result, paragraph 3(1) applies as if the test were a mandatory test;

(b)a negative result, paragraph 3(4) applies as if—

(i)P had taken both a day 2 test and a day 8 test, and

(ii)both tests had generated a negative result.

[F41(9) Where P is required to self-isolate in accordance with regulation 9 under this paragraph, regulation 9(11)(a) (departing from England) does not apply to P.]

Textual Amendments

Commencement Information

I9Sch. 8 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Consequences of test resultsE+W

3.—(1) [F42Where P is a person described in regulation 5(1)(b) or (c) and] a mandatory test undertaken by P in accordance with regulation 6 generates a positive result—

(a)the following do not apply in relation to P—

(i)regulation 9(11)(a) or, as the case may be, paragraph 13(1)(a) of Schedule 11 (leaving self-isolation to travel in order to leave England), [F43and]

F44(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)P and, subject to sub-paragraph (3), any person who is self-isolating with P must continue to self-isolate in accordance with the relevant self-isolation provisions until the end of the 10th day after the day P undertook the test.

F45(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F46(2A) Where P is required to self-isolate under this paragraph, P must, on request by a relevant person, notify the relevant person of the name of each person living in the same household as P.

(2B) In sub-paragraph (2A), “relevant person” means—

(a)the Secretary of State;

(b)a person who is employed or engaged for the purposes of the health service (within the meaning of section 275 of the National Health Service Act 2006) in communicable disease control; or

(c)a person employed or engaged by a local authority, including a county council, in communicable disease control,]

(3) Where a person (“B”) is self-isolating with P pursuant to the relevant self-isolation provisions, the requirement to self-isolate under sub-paragraph (1)(b) does not apply to B where—

(a)the test referred to in sub-paragraph (1) is P's day 8 test; and

(b)B undertook a day 2 test that generated a positive result.

(4) [F47Where P is a person described in regulation 5(1)(b) or (c) and] P's day 2 test and day 8 test both generate a negative result, P must continue to self-isolate in accordance with the relevant self-isolation provisions until the later of—

(a)the end of the default self-isolation period;

(b)the day on which P receives the result of their day 8 test.

(5) Where [F48P is a person described in regulation 5(1)(b) or (c) and] a mandatory test undertaken by P generates an inconclusive result P must continue to self-isolate in accordance with the relevant self-isolation provisions—

(a)until the end of the 10th day after the day P undertook the test;

(b)where P undertakes a test to which sub-paragraph (7) applies and the test generates a negative result, until the later of—

(i)the end of the default self-isolation period,

(ii)the day on which P receives the negative result; or

(c)where P undertakes a test to which sub-paragraph (7) applies and the test generates a positive result, until the end of the 10th day after the day P undertook the test.

(6) Where sub-paragraph (5)(c) applies, P is not required to undertake a day 8 test in accordance with regulation 6.

F49(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50(6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) This sub-paragraph applies to—

(a)a day 8 test;

(b)a test—

(i)complying with the requirements for a day 8 test specified in [F51paragraph 8],

(ii)undertaken in the circumstances specified in paragraph 10 (other than the circumstances in paragraph 10(2) about when a test must be undertaken), and

(iii)undertaken during the period specified in sub-paragraph (5)(a).

[F52(8) Where P is required to self-isolate in accordance with regulation 9 under this paragraph, regulation 9(11)(a) (departing from England) does not apply to P.]

Textual Amendments

Commencement Information

I10Sch. 8 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Optional testsE+W

F534.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Tests other than in accordance with these RegulationsE+W

F545.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Day 2 tests: general test requirementsE+W

6.—(1) For the purposes of [F55regulation 6(12)(a)], a day 2 test complies with this paragraph where—

(a)it is a test provided by a public provider; or

(b)it is a test provided by a private provider—

(i)in respect of—

(aa)a non-Schedule 11 passenger, on or after 1st March 2021;

(bb)a Schedule 11 passenger, on 1st or 2nd March 2021,

[F56(cc)a person who is required under regulation 6 to take a day 2 test;]

(ii)where the test complies with sub-paragraph (2), and

(iii)where the private provider complies with paragraph 7.

(2) A test complies with this sub-paragraph where—

(a)it is a semi-quantitative test for the detection of coronavirus which—

(i)targets a minimum of two distinguishable SARS-CoV-2 genes other than the S gene and performance reference controls,

(ii)includes routine in silico assurance against every variant of concern, and

(iii)produces a test solution that provides extracted nucleic acid that is suitable for whole genome sequencing using a specified method;

(b)it is, in relation to a Schedule 11 passenger, a test that can be self-administered;

(c)the manufacturer of any device used for the purposes of the test states that the device—

(i)uses an established molecular detection method,

(ii)has a specificity and a sensitivity [F57greater than or equal to 99% (or a 95% two-sided confidence interval entirely above 97%),]

(iii)has a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, and

(iv)is suitable for identifying every variant of concern; and

(d)any device used for the purposes of the test—

(i)can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations, and

(ii)has been validated no more than 18 months before the test is administered or provided to P.

(3) For the purposes of sub-paragraph (2)—

(a)“specified method” means a targeted sequence method specific to SARS-CoV-2 or an equivalent—

(i)amplicon method, or

(ii)sequence bait capture method;

[F58(b)“validated”, in relation to a device, means confirmed as having the required sensitivity and specificity using at least 150 positive clinical samples and 250 negative clinical samples against a laboratory-based RT-PCR test that is itself within the performance specification of the target product profile published by the Medicines and Healthcare Products Regulatory Agency for laboratory based SARS-CoV-2 PCR tests, by—

(i)the Secretary of State;

(ii)a laboratory which is accredited to ISO standard 15189 or ISO/IEC standard 17025i by—

(aa)the United Kingdom Accreditation Service (“UKAS”), or

(bb)an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation (“ILAC”) Mutual Recognition Arrangement or the European co-operation for Accreditation (“EA”) Multilateral Agreement,

other than a laboratory which processes tests provided by the test provider for the purposes of this Schedule or is owned by the test provider or the device manufacturer; or

(iii)a laboratory which is accredited by UKAS to ISO standard 15189 or ISO/IEC standard 17025, other than a laboratory which processes tests provided by the test provider for the purposes of this Schedule or is owned by the test provider or the device manufacturer;]

(c)“variant of concern” means a variant of SARS-CoV-2 identified in a designation made by the Secretary of State for the purposes of this paragraph and published in a manner as appears to the Secretary of State to be appropriate.

Textual Amendments

Commencement Information

I11Sch. 8 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Day 2 tests: private provider requirementsE+W

7.—(1) For the purposes of paragraph 6(1)(b)(iii), a private provider complies with this paragraph where—

[F59(za)they provide day 2 tests in a single end-to-end testing service (whether or not they arrange with another person (“X”) for X to provide one or more elements of the service on their behalf);

(zb)a registered medical practitioner has oversight and approval of medical practices undertaken by the test provider, and responsibility for reporting medical issues;

(zc)they have an effective system of clinical governance in place which includes appropriate standard operating procedures in relation to the carrying out of day 2 tests;

(zd)a registered clinical scientist has oversight of clinical practices undertaken by the test provider, and responsibility for reporting clinical issues;

(ze)they have systems in place to identify any adverse incidents or quality control issues in relation to day 2 tests and be able to report them as soon as reasonably practicable to the Secretary of State;]

F60(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)if the provider is a laboratory that conducts diagnostic test evaluation for testing in accordance with this Schedule, they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting [F61and the Department has confirmed in writing that it considers the provider meets those standards];

[F62(ba)they continue to meet the minimum standards to which the declaration mentioned in paragraph (b) relates;]

(c)they have provided the Department of Health and Social Care with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service or to carry out genomic sequencing, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;

(d)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples;

(e)the laboratory used by the test provider for the processing of samples meets the relevant requirements for ISO standard 15189 or ISO/IEC standard 17025 in respect of the evaluation of the established molecular detection method and the genomic sequencing of samples;

(f)they receive the information required by paragraph 10(3) or (4) (as appropriate), and if they administer the test to P, they do so no later than the end of the second day after the day on which P arrived in England;

(g)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, F63...

(ii)in relation to each test sold on that day—

(aa)the date of the arrival in England of the person in respect of whom the test was sold, [F64and]

F65(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F67(dd)the test reference number given to P in accordance with sub-paragraph (5) of paragraph 10 (required circumstances for undertaking a day 2 test or a day 8 test)] [F68, and

(iii)in relation to each test the purchase of which was cancelled on that day, the information set out in sub-paragraph (ii)(aa) to (dd)];

(h)they sequence each sample with a cycle threshold less than 30 (equivalent to ~1,000 viral genome copies per millilitre);

[F69(ha)where—

(i)a sample is to be sequenced in accordance with paragraph (h), and

(ii)the sequencing is to take place at a laboratory (“the sequencing laboratory”) other than the laboratory at which the sample was initially processed (“the diagnostic laboratory”),

they secure that the sample is received at the sequencing laboratory no later than 24 hours after the result of the initial processing becomes known to the diagnostic laboratory;]

(i)in respect of the sequencing of samples, they must secure a reference genome coverage breadth of at least 50% and at least 30 times coverage;

(j)on a request by the Secretary of State or the COVID-19 Genomics UK Consortium, they make samples available for the purpose of dual sequencing;

(k)they preserve and transport samples in a manner that enables genome sequencing;

(l)they have in place a process to remove human reads from any data submitted in a notification to [F70the United Kingdom Health Security Agency] pursuant to the Health Protection (Notification) Regulations 2010; and

(m)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

F71(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)paragraph [F72(zb) to (ze) and] (c) to (l) of this sub-paragraph,

(iii)paragraph 11(2), (3) and (4).

(2) For the purposes of sub-paragraph (1)(m), “single end-to-end testing service” [F73means a service which comprises accepting the booking from the person to be tested, providing the test, collecting and processing the sample to be tested, carrying out genomic sequencing and providing the test result to P].

(3) For the purposes of sub-paragraph (1)(d) and (e), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of regulation 6 of the Health Protection (Coronavirus, Testing Requirements and Standards) (England) Regulations 2020 as if—

(a)a reference to an applicable test were a reference to a day 2 test;

(b)a reference to a test provider were a reference to a private provider [F74;]

[F75(c)in paragraph (1), the words from “and make a declaration” to “25th November 2020” were omitted.]

Textual Amendments

Commencement Information

I12Sch. 8 para. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Day 2 tests: general requirements for lateral flow device testsE+W

F767A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Day 2 tests: private provider requirements for lateral flow device testsE+W

F777B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Day 8 tests: general test requirementsE+W

8.—(1) For the purposes of regulation 6(12)(b), a day 8 test complies with this paragraph where—

(a)it is a test provided by a public provider F78...

F79(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I13Sch. 8 para. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Day 8 tests: private provider requirementsE+W

F829.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Required circumstances for undertaking a day 2 test or a day 8 testE+W

10.—(1) The circumstances mentioned in [F83[F84regulation 6(12)(a)] and (b)] are as follows.

(2) In relation to—

(a)a day 2 test, P undertakes the test [F85in accordance with the manufacturer’s instructions for use] no later than the end of the second day after the day on which P arrived in England;

(b)a day 8 test, P undertakes the test [F86in accordance with the manufacturer’s instructions for use] no earlier than the end of the seventh day after the day on which P arrived in England.

[F87(3) Subject to sub-paragraph (4)—

(a)at the time the test is booked P provides the test provider with the information set out or referred to in sub-paragraph (3B) [F88.]

F89(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F90(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F87(3B) The information to be provided at the time the test is booked is—

(a)notification that P is to undertake the test under these Regulations,

[F91(b)the following information about P—

(i)their full name;

(ii)their sex;

(iii)their date of birth;

(iv)their NHS number (if known and applicable);

(v)their ethnicity;

(vi)the date of their arrival in the United Kingdom;

(vii)their coach number, flight number of vessel name (as appropriate);

(viii)the date on which they last departed from or transited through a category 2 country or territory;

(ix)the country or territory they were travelling from when they arrived in the United Kingdom, and any country or territory they transited through as part of that journey;

(x)their email address,

(xi)their telephone number,

(xii)their passport number, or travel document reference number (as appropriate);

(xiii)information as to whether or not P has received a vaccine against SARS-CoV-2, and]

(c)P’s home address, and—

F92(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)where P is a person to whom regulation 9(1)(a) or (b) applies, the address or addresses at which they intend to self-isolate, or are self-isolating, in accordance with regulation 9 (if different from their home address);

(iii)where P is a person to whom regulation 10 applies, the address of the accommodation designated for the purposes of Schedule 11.

F93(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(4) Where P is a child, or a person with a disability who is unable for that reason to provide the notification and information set out or referred to in sub-paragraph [F94(3B) F95...] F96... to the test provider—

(a)the notification and information set out or referred to in sub-paragraph [F97(3B) F98...] F99..., other than the information set out in paragraph [F100(b)(x) and (xi) of that sub-paragraph], is provided to the test provider on P's behalf by another person (“Y”); and

(b)either the information set out in [F101sub-paragraph (3B)(b)(x) and (xi)] is provided by Y to the test provider or, where appropriate, Y provides their own telephone number and email address to the test provider.

(5) At the time the test is booked and payment made the test provider gives P [F102a separate test reference number in respect of each test to be provided to P] in the format specified in sub-paragraph (6) and, where appropriate, also provides that test reference number to Y.

(6) A test reference number must consist of 12 characters comprising 5 letters followed by 7 digits.

Textual Amendments

Commencement Information

I14Sch. 8 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Notification of test resultsE+W

11.—(1) This paragraph applies to a private provider who administers or provides a test F103... to P in the circumstances described in paragraph 10.

(2) The private provider must, [F104within 48 hours of the time when the sample taken for the purposes of the test is received by the diagnostic laboratory]—

(a)notify P or, where paragraph 10(4) applies, Y by email, letter, or text message, of the result of P's test; or

(b)make P's test result available to P, or where paragraph 10(4) applies, to Y via a secure web portal,

in accordance with sub-paragraph (3).

(3) The notification of P's test result must include P's name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the test provider and P's test reference number, and must be conveyed using one of the following forms of words, as appropriate—

[F105Form A: negative test result

Your coronavirus (COVID-19) test result is negative. It’s likely you were not infectious when the test was done.

[F106If you develop symptoms of coronavirus, it is advised that you take a PCR test. If you have any of the main symptoms, the public health advice is to avoid contact with other people where possible.

For more information visit https://www.gov.uk/coronavirus]

Form B: positive test result

[F107Your coronavirus test result is positive. This means you probably have the virus.

You are no longer legally required to self-isolate.

However, if you have a positive test result, the public health advice is to stay at home and avoid contact with other people where possible.

It is advised that you do not travel, including to leave the UK.

For more information visit https://www.gov.uk/coronavirus.

Contact 111 if you need medical help. In an emergency dial 999.]

Form C: unclear test result

Your coronavirus test result is unclear. It is not possible to say if you had the virus when the test was done.

[F108It is advised that you take another coronavirus test.

You are no longer required to self-isolate.

However, if you have symptoms of coronavirus, the public health advice is to get a PCR test and avoid contact with other people where possible.

For more information visit https://www.gov.uk/coronavirus]].

(4) Where—

(a)regulation 4 [F109, 4ZA [F110, 4ZB] or 4A] of the Health Protection (Notification) Regulations 2010 applies in relation to the test provider; or

(b)if the test provider arranges with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, either of those regulations applies to X in the carrying out of that element,

the regulation applies as if it required the information described in sub-paragraph (5) to be included in the notification to [F111the United Kingdom Health Security Agency].

(5) The information mentioned in sub-paragraph (4) is—

(a)the date on which P last departed from or transited through a category 2 country or territory;

(b)P's coach number, flight number or vessel name (as appropriate);

F112(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bb)P’s passport number or travel document number (as appropriate);

(bc)the test reference number given to P in accordance with sub-paragraph (5) of paragraph 10 (required circumstances for undertaking a day 2 test or a day 8 test);

(c)the country or territory P was travelling from when P arrived in England, and any country or territory they transited through as part of that journey;

(d)the date on which P undertook the appropriate test;

(e)whether the test is—

F113(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F114(ii)F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iia)a day 2 test for a person who is [F116not an eligible traveller], or]

F117(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I15Sch. 8 para. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Notification of test results: lateral flow device testsE+W

11A.  F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Charge for day 2 tests and day 8 testsE+W

12.—(1) The Secretary of State or a person designated by the Secretary of State may impose a charge in respect of [F119any test provided in accordance with this Schedule by a public provider].

(2) The Secretary of State—

(a)must publish details of the charges in such manner as the Secretary of State considers appropriate; and

(b)may recover any sum owed by a person pursuant to such a charge as a debt.

Textual Amendments

Commencement Information

I16Sch. 8 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 7(5)

SCHEDULE 9E+WWorkforce tests

Interpretation of this ScheduleE+W

1.  In this Schedule—

(a)“P” means a person required to undertake workforce tests under regulation 7 (requirement to undertake workforce tests);

(b)“workforce test” means any of the categories of workforce test described in regulation 7(6).

Commencement Information

I17Sch. 9 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Requirement after failure to undertake testE+W

2.—[F120(1) Sub-paragraph (2) applies where—

(a)P is a person to whom regulation 5(3) applies, and

(b)P fails to undertake a workforce test that P is required by regulation 7 to undertake.]

(2) Where this sub-paragraph applies, P must self-isolate in accordance with [F121regulation 9] until the earlier of—

(a)the end of the 14th day after the day on which P arrived in England; or

(b)the time P obtains a negative result from a workforce test.

(3) P must comply with any applicable obligations in regulation 7(2) during any period that P is required to self-isolate in accordance with sub-paragraph (2).

F122(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I18Sch. 9 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Consequences of test resultsE+W

3.—(1) Where a workforce test undertaken by P in accordance with regulation 7 generates a positive result—

(a)P must as soon as reasonably practicable undertake a further test which complies with the requirements for a day 2 test specified in paragraph 6 of Schedule 8 (mandatory testing after arrival in England), in the circumstances specified in paragraph 10 of that Schedule (other than the circumstances in paragraph 10(2) about when a test must be undertaken);

[F123(b)if P is a person to whom regulation 5(3) applies, P must self-isolate in accordance with regulation 9 until the 10th day after the day P undertook the workforce test.]

[F124(1A) Where P is required to self-isolate under sub-paragraph (1)(b), P must, on request by a relevant person (within the meaning of paragraph 3(2B) of Schedule 8), notify the relevant person of the name of each person living in the same household as P.]

(2) Where sub-paragraph (1) applies—

(a)if the test taken by P was a workforce test undertaken for day 2, P is not required to undertake a workforce test for day 5 or day 8;

(b)if the test undertaken by P was a workforce test undertaken for day 5, P is not required to undertake a workforce test for day 8.

(3) Where a further test undertaken in accordance with sub-paragraph (1)(a) generates a negative result, this paragraph applies to P from the time P is notified of that negative result as if the workforce test undertaken by P in accordance with regulation 7 had generated a negative result (and accordingly, from that time, P is no longer required to self-isolate).

(4) Paragraph 11(4) and (5) (notification of test results) of Schedule 8 applies in relation to a further test undertaken pursuant to sub-paragraph (1)(a) as it applies to a test provider in relation to a test provided under Schedule 8.

(5) Where a workforce test undertaken by P in accordance with regulation 7 generates an inconclusive result, [F125where P is a person to whom regulation 5(3) applies,] P must as soon as reasonably practicable undertake a further workforce test and that further workforce test is to be treated as a replacement workforce test within the meaning of regulation 7(4).

Textual Amendments

Commencement Information

I19Sch. 9 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Duties on employersE+W

4.—(1) An employer with more than 50 employees who is the employer of any person who is required to undertake workforce tests or has responsibility for any agency worker who is required to undertake workforce tests, must take reasonable steps to facilitate the taking of those tests by that person or agency worker in accordance with these Regulations.

(2) In the discharge of the duty under sub-paragraph (1), an employer must have regard to any guidance issued by the Secretary of State for the purposes of this paragraph.

(3) In sub-paragraph (1) an employer has responsibility for an agency worker if—

(a)the agency worker is supplied or to be supplied by a person (an “agent”) to the employer under a contract or other arrangements made between the agent and the employer; and

(b)the agency worker is not—

(i)a worker because of the absence of a worker's contract between the agency worker and the agent or the employer, or

(ii)a party to a contract under which the agency worker undertakes to do the work for another party to a contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the agency worker.

Commencement Information

I20Sch. 9 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 9(16)

F126SCHEDULE 10E+WOptional testing after arrival in England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 10

SCHEDULE 11E+WAdditional measures applicable to arrivals from category 3 countries and territories

Application of this ScheduleE+W

1.  Subject to paragraph 2, this Schedule applies to a person (“P”) who arrives in England from a category 3 country or territory 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.

Commencement Information

I21Sch. 11 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

2.—[F127(1) This Schedule does not apply where P is a person described in any of the following provisions of Schedule 4 (exemptions)—E+W

(a)paragraph 2 (aircraft crew);

(b)paragraph 5 (road haulage workers);

(c)paragraph 8 (seafarers), unless they have travelled to the United Kingdom to work, or have been repatriated to the United Kingdom after working, on board a cruise ship;

(d)Part 3 (border security duties);

(e)Part 4 (law enforcement);

(f)paragraph 16 (transporting human cells);

(g)paragraph 17 or 18 (essential government work etc.) where the relevant Department has certified under either of those paragraphs in respect of this Schedule;

(h)paragraph 19(1) (diplomats etc.);

(i)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 this Schedule;

(j)paragraph 20 (defence personnel);

(k)paragraph 21 (in-flight security officers);

(l)paragraph 22 (non-disembarking cruise passengers);

(m)paragraph 23 (non-CTA transit passengers).]

F128(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F129(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F129(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F129(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F129(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F129(2DA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F129(2E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F130(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F128(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F128(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F128(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I22Sch. 11 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Limitation on ports of entryE+W

3.  P may only enter England at a port designated for the purposes of this Schedule.

Commencement Information

I23Sch. 11 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

4.  The following ports are designated for the purposes of this Schedule—E+W

(a)Heathrow Airport;

(b)Gatwick Airport;

(c)London City Airport;

(d)Birmingham Airport;

(e)Farnborough Airport;

(f)Bristol Airport;

[F131(fa)London Biggin Hill Airport.]

F132(fb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)any military airfield or port.

Textual Amendments

Commencement Information

I24Sch. 11 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Duties on arrivalE+W

5.  P must, on their arrival in England, be in possession of a managed self-isolation package.

Commencement Information

I25Sch. 11 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

6.  P must, on arrival in England, travel directly to the accommodation designated in the managed self-isolation package booked for P, using the means of transport designated in that package.E+W

Commencement Information

I26Sch. 11 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

7.  If P is not in possession of a managed self-isolation package on their arrival in England, P must as soon as practicable obtain a managed self-isolation package and travel directly to the accommodation designated in that package, using the means of transport designated in that package.E+W

Commencement Information

I27Sch. 11 para. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

8.—[F133(1)] In this Schedule a “managed self-isolation package” means—E+W

(a)a booking for a place in accommodation designated by the Secretary of State for the purposes of this Schedule [F134or, if paragraph 8A applies, arrangements to stay in a private residence or other place where P is able to self-isolate (“self-arranged accommodation”)];

(b)a booking for transport facilitated by the Secretary of State to the accommodation referred to in sub-paragraph (a); and

(c)a testing package required by regulation 6 (requirement to book and undertake tests).

[F135(2) A reference in this Schedule to designated accommodation includes a reference to self-arranged accommodation referred to in sub-paragraph (1)(a).]

Textual Amendments

Commencement Information

I28Sch. 11 para. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F1368A.  This paragraph applies where P arrives in England between 12 noon on 26th November 2021 and 4 a.m. on 28th November 2021—E+W

(a)from a category 3 country or territory, or

(b)having at any time in the period beginning with the 10th day before the date of P’s arrival in England departed from or transited through a category 3 country or territory.]

Textual Amendments

Charge for managed self-isolation packageE+W

9.  The Secretary of State or a person designated by the Secretary of State may impose a charge in relation to the accommodation, transport and testing package mentioned in the definition of a “managed self-isolation package” and the Secretary of State may recover any sum owed by P pursuant to such a charge as a debt.

Commencement Information

I29Sch. 11 para. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Duty to self-isolate and period of self-isolationE+W

10.  Unless P leaves the common travel area where P is permitted to do so under these Regulations, P must self-isolate in the place in the accommodation designated in the managed self-isolation package until whichever is the later of—

(a)the end of the period of 10 days beginning with the day after P's arrival in England;

(b)the end of the period for which P is required to self-isolate under Schedule 8 (mandatory testing after arrival in England).

Commencement Information

I30Sch. 11 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Exceptions from duty to self-isolateE+W

11.  Paragraph 10 does not require P to remain in self-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)from any person who is staying in the place where P is self-isolating whose assistance P reasonably requires by reason of—

(i)P being a child, or

(ii)any disability of P's [F137;

(c)from any person who is required to self-isolate at the same accommodation as P under paragraph 18B(2)].

Textual Amendments

Commencement Information

I31Sch. 11 para. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

12.  Paragraph 10 does not require P to remain in self-isolation from a person (“V”) when V is at the place where P is self-isolating in exceptional circumstances such as—E+W

(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 M1;

(c)to provide medical assistance to P or to any other person who is staying 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 social services or services provided to victims (such as victims of crime).

Commencement Information

I32Sch. 11 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M12006 c. 47 paragraph 1(1B) was inserted by section 64 the Protection of Freedoms Act 2012 (c. 9) and paragraph 7(3B) was inserted by section 66 of that Act.

Permitted reasons to leave or be outside place of self-isolationE+W

13.—(1) 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 directly to a port to leave the common travel area;

(b)to fulfil a legal obligation, including attending court or satisfying bail conditions or to participate in legal proceedings;

(c)to take exercise;

(d)to visit a person (“D”) whom P reasonably believes is dying, and where P is a member of D's household or a close family member or friend of D;

(e)to attend the funeral of a member of P's household or a close family member;

(f)in other exceptional circumstances such as—

(i)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 and health practitioners, including services relating to mental health,

(ii)to access critical public services including social services or services provided to victims (such as victims of crime),

(iii)to avoid injury or illness or to escape risk of harm,

(iv)to access veterinary services where this is required urgently or on the advice of a veterinary surgeon.

(2) P may only leave or be outside of the place where P is self-isolating in reliance on the grounds mentioned in sub-paragraph (1)(c), (d) or (e)—

(a)if P has been given prior permission by a person authorised by the Secretary of State for this purpose;

(b)if P complies with any reasonable requirements imposed by the person so authorised in relation to the exercise, the visit to the person or attendance at the funeral.

Commencement Information

I33Sch. 11 para. 13 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Meaning of “place”E+W

14.—[F138(1)] For the purposes of this Schedule [F139, subject to sub-paragraph (2),] the place referred to in paragraphs 8 to 13 means the room in the designated accommodation where P is staying and, if connected to the room where P is staying, the room of any person referred to in paragraph 11(a) (travelling companion), including any balcony, and does not include the communal areas or any garden, yard, passage, stair, garage, outhouse or appurtenance of the accommodation in which the place is situated.

[F140(2) Where paragraph 8A applies, and P is staying in self-arranged accommodation referred to in paragraph 8(1)(a), if no other person is residing in the self-arranged accommodation with P apart from a person—

(a)with whom P was travelling when P arrived in England who is also self-isolating in that accommodation, or

(b)a person who is required to self-isolate with P in accordance with paragraph 18B,

the place referred to in paragraphs 8 to 13 is to be treated as including the whole of the self-arranged accommodation.]

Textual Amendments

Commencement Information

I34Sch. 11 para. 14 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

DesignationsE+W

15.  The Secretary of State must designate for the purposes of this Schedule—

(a)accommodation;

(b)transportation to the designated accommodation,

and must publish details of the designations in such manner as appears to the Secretary of State to be appropriate.

Commencement Information

I35Sch. 11 para. 15 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Duties where P is a childE+W

16.  If P is a child—

(a)any person who has custody or charge of P when P is travelling to England must ensure, so far as is reasonably practicable, that P complies with the obligations in paragraphs [F1415, 6 and 18A];

[F142(aa)if no person has responsibility for P when P is travelling to England—

(i)a responsible adult must be nominated before P arrives in England, to have responsibility for P during P’s period of self-isolation in accordance with this Schedule,

[F143(ii)the responsible adult nominated under paragraph (i) must as far as reasonably practicable ensure that on P’s arrival in England P is in possession of a booking for the responsible adult for a place in accommodation with P, and]

(iii)the responsible adult must reside in the place where P is residing in accordance with paragraph 17;]

(b)any person who has custody or charge of P during P's period of self-isolation must ensure, so far as is reasonably practicable, that P self-isolates in accordance with this Schedule.

Textual Amendments

Commencement Information

I36Sch. 11 para. 16 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Person caring for PE+W

17.  A person may reside in the place where P is residing pursuant to this Schedule to provide assistance P reasonably requires by reason of—

(a)P being a child; or

(b)any disability of P's,

and paragraphs 10 to 13 apply to that person as they apply to P for the period those paragraphs apply to P.

Commencement Information

I37Sch. 11 para. 17 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Modification of application of this Schedule where P is a relevant personE+W

18.—(1) Where P is a relevant person, this Schedule applies to P with the following modifications—

(a)the reference in paragraph 6 to the means of transport designated in the managed self-isolation package booked for P is to be read as a reference to transport determined by the Secretary of State;

(b)the references in paragraphs 6, [F1449, 10, 18A(2) and 18B(1)(b)] to a managed self-isolation package are to be read as references to a self-isolation package containing such provisions as to accommodation, transport and testing as the Secretary of State considers appropriate;

(c)paragraph 7 does not apply to P.

[F145(1A) Where P is a relevant person by virtue of sub-paragraph (2)(a)(ix) or (3) to (6) [F146or where paragraph 8A applies and P is self-isolating in self-arranged accommodation referred to in paragraph 8(1)(a)]—

(a)paragraph 18A (requirement to provide contact details) applies to P;

(b)paragraph 18B (requirement to self-isolate with P) applies to a person residing at the accommodation where P self-isolates;

(c)paragraph 18C (requirement on employers of self-isolating workers) applies to a person who employs P or a person within paragraph (b).]

(2) P is a relevant person if—

(a)P is—

(i)a person requiring urgent medical assistance,

(ii)a person on immigration bail,

(iii)a person who has been detained by an immigration officer,

(iv)a person who has been refused leave to enter the UK,

(v)an illegal entrant,

(vi)an asylum seeker,

(vii)a person who is in police custody,

(viii)a prisoner,

(ix)an unaccompanied child, where it is not reasonable for a person with responsibility for P to reside with the child in accommodation designated by the Secretary of State for the purposes of this Schedule,

(x)a potential victim of modern slavery; and

(b)the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(3) P is also a relevant person if—

(a)P is, or was on the 1st September [F1472021], a child;

(b)P travels to the UK for the purposes of receiving education at a boarding school in [F148the UK] at which education and accommodation is due to be provided for P;

(c)P is not accompanied into the UK by an individual who has responsibility for P, or if P is aged 18 or over, would have had such responsibility if P were a child; and

(d)the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

[F149(3A) P is also a relevant person if—

(a)P is a child on the day P arrives in England;

(b)P travels to the UK for the purposes of receiving education at a further education institution or higher education provider in England or Wales at which education and accommodation is due to be provided for P;

(c)P is not accompanied into the UK by an individual who has responsibility for P; and

(d)the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.]

(4) P is also a relevant person if—

(a)P is vulnerable as a result of a severe medical or health condition;

(b)P would not receive appropriate support in designated accommodation and that condition would be severely detrimentally impacted if P were required to self-isolate in such accommodation;

(c)P has provided evidence from a suitably qualified or registered medical practitioner of [F150—

(i)the severe medical or health condition that P has;

(ii)the support reasonably needed by P to manage P’s medical or health condition if required to self-isolate in designated accommodation; and

(iii)the probable impact to P’s health if P were to be required to self-isolate in designated accommodation, and the support identified as being reasonably needed were not provided;]

(d)the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(5) P is also a relevant person if travelling with a person who is a relevant person by virtue of sub-paragraph (4), where it is necessary for P to care for that relevant person, and where the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(6) P is also a relevant person if—

(a)P needs to visit a person (“D”) whom P reasonably believes is dying, or where D is severely ill;

(b)P is a member of D's household or a close family member or friend of D;

(c)it would not be reasonably practicable for P to visit D if P were required to self-isolate in designated accommodation; and

(d)the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(7) In this paragraph—

(a)“boarding school” means a [F151school in the UK, or college in England or in Wales,] which—

(i)provides accommodation for its pupils or, as the case may be, students on its own premises, or

(ii)arranges accommodation for its pupils or students to be provided elsewhere (other than in connection with a residential trip away from the school);

(b)“school” means—

(i)an alternative provision academy within the meaning of section 1C of the Academies Act 2010 M2,

(ii)a community, foundation or voluntary school or a community or foundation special school within the meaning of section 20 of the School Standards and Framework Act 1998 M3,

(iii)an independent school (as defined by section 463 of the Education Act 1996 M4) registered under section 95 of the Education and Skills Act 2008 M5,

(iv)a non-maintained special school (as defined in section 337A of the Education Act 1996 M6, F152...

(v)a pupil referral unit within the meaning of section [F15319(2) or (2B)] of the Education Act 1996 M7 [F154;

(vi)an independent school included in the register of independent schools in Wales (kept under section 158 of the Education Act 2002),

(vii)a school within the meaning of Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986, or

(viii)a school within the meaning given by section 135(1) of the Education (Scotland) Act 1980];

(c)“college” means—

(i)an institution within the further education sector within the meaning of section 91 of the Further and Higher Education Act 1992 M8, or

(ii)a 16 to 19 Academy within the meaning of section 1B of the Academies Act 2010 M9.

[F155(d)“further education institution” means an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992;

(e)“higher education provider” has the meaning in section 83(1) of the Higher Education and Research Act 2017].

Textual Amendments

Commencement Information

I38Sch. 11 para. 18 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M22010 c. 32; section 1C was inserted by section 53(7) of the Education Act 2011 (c. 21).

M31998 c. 31; section 20 was amended by paragraph 95 of Schedule 21 to the Education Act 2002 (c. 32), paragraph 13 of Schedule 3 to the Education and Inspections Act 2006 (c. 40) and S.I. 2010/1158.

M41996 c. 56; section 463 was substituted by section 172 of the Education Act 2002 and amended so far as relevant by paragraphs 1 and 43 of Schedule 3 to the Children and Families Act 2014 (c. 6) and S.I. 2010/1158

M61996 c. 56; section 337A was substituted by section 142(1) of the Education and Skills Act 2008 (c. 25).

M7Section 19(2B) was amended so far as relevant by section 47 of and Schedule 8 to the Education Act 1997, section 3 of and paragraph 1 of Schedule 3 and Schedule 4 to the Children, Schools and Families Act 2010, section 101 of the Education and Inspections Act 2006, S.I. 2007/1507 and S.I. 2010/1158.

M81992 c. 13; section 91 was amended in so far as relevant by paragraph 42 of Schedule 9 and Schedule 11 to the Learning and Skills Act 2000 (c. 21), paragraph 13 of Schedule 8 to the apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and by paragraphs 23 and 26 of Schedule 8 to the Higher Education and Research Act 2018 (c. 29).

M9Section 1B was inserted by section 53(7) of the Education Act 2011.

[F156Requirement to provide contact detailsE+W

18A.—(1) P must, on arrival in England, have provided to the Secretary of State the information described in paragraph (2) so far as it is known to, or reasonably ascertainable by, P.

(2) The information referred to in paragraph (1) is the name of each person who will be residing at the accommodation where P is to self-isolate in accordance with their managed self-isolation package during P’s period of self-isolation.

Textual Amendments

Requirement to self-isolate with PE+W

18B.—(1) A person (“B”) must self-isolate in accordance with this paragraph where—

(a)B has been notified by the Secretary of State that they must self-isolate in accordance with this paragraph, and

(b)B is residing at the accommodation where P is to self-isolate in accordance with their managed self-isolation package (“P’s self-isolation accommodation”) during P’s period of self-isolation.

(2) B must self-isolate at P’s self-isolation accommodation until the end of P’s period of self-isolation (or the period that P would be required to self-isolate but for paragraph 13).

(3) If B is a child, any person who has custody or charge of B during B’s period of self-isolation must ensure, so far as reasonably practicable, that B self-isolates in accordance with this paragraph.

Textual Amendments

Modifications etc. (not altering text)

Requirement on employers of self-isolating workersE+W

18C.—(1) An employer of a person required to self-isolate under paragraph 18B(2) (“B”) must not knowingly allow B to attend any place other than the place they are self-isolating for any purpose related to B’s employment.

(2) In sub-paragraph (1), “employer” includes an agent or principal where—

(a)B is supplied by the agent to do work for the principal under a contract or other arrangements made between the agent and principal, and

(b)B is not—

(i)as respects that work, a worker, because of the absence of a worker’s contract between B and the agent or the principal, or

(ii)a party to a contract under which B undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by B.]

Textual Amendments

Modification of application of this Schedule where P is taking up employment as an NHS nurseE+W

19.—(1) This paragraph applies where—

(a)on P's arrival in England, P is entitled to enter the United Kingdom pursuant to a skilled worker visa granted in accordance with Appendix Skilled Worker to the immigration rules M10;

(b)P is eligible for the visa by virtue of being sponsored—

(i)for a job within the entry for occupation code 2231 (nurses) in Table 2 of Appendix Skilled Occupations to the immigration rules, and

(ii)by an NHS trust or an NHS foundation trust (“P's sponsor”); and

(c)prior to P's arrival in England, P's sponsor has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(2) Where this paragraph applies, this Schedule applies in relation to P as if—

(a)for paragraph 6 there were substituted—

“6.  P must, on arrival in England, travel directly to the accommodation specified in P's managed self-isolation package, using the means of transport facilitated as part of that package.”;

(b)for paragraph 8 there were substituted—

“8.  In this Schedule a “managed self-isolation package” means—

(a)written confirmation from P's sponsor of the details of—

(i)a place in accommodation provided by the sponsor for the purposes of this Schedule;

(ii)transport facilitated by the sponsor to the accommodation referred to in paragraph (i); and

(b)a testing package required by regulation 6.”;

(c)in paragraph 9, “accommodation, transport and” were omitted;

(d)in paragraph 10, for “designated” were substituted “ specified ”;

(e)in paragraph 14, “designated” were omitted.

(3) In this paragraph—

(a)“NHS foundation trust” has the meaning given in section 30 of the National Health Service Act 2006 M11;

(b)“NHS trust” means an NHS trust established under section 25 of the National Health Service Act 2006.

Commencement Information

I39Sch. 11 para. 19 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M10Laid before Parliament on 23rd May 1994 (HC 395), as amended. Appendix Skilled Worker and Appendix Skilled Occupations were laid before Parliament on 22nd October 2020 as part of a command paper that amended the immigration rules entitled “Statement of Changes in Immigration Rules” (HC 813). Appendix Skilled Worker and Appendix Skilled Occupations were amended by the statement of changes in immigration rules presented to Parliament on 4th March 2021 (HC 1248).

M112006 c. 41. Section 30 was amended by section 159 of the Health and Social Care Act 2012 (c. 7).

Regulation 14

[F157SCHEDULE 12E+WInformation for passengers

Textual Amendments

PART 1E+WEssential information to enter England from overseas

All persons arriving in the UK must fill in a Passenger Locator Form before arrival.

Before departure to the UK check if any of the countries you have visited in the last 10 days are on the red list.

If you have visited a country on the red list you must follow the red list rules.

If you have not visited any countries on the red list, what you have to do depends on your vaccination status. Check the rules before you travel at gov.uk/coronavirus.

Public health requirements may vary depending upon which nation of the UK you are travelling to. Check the relevant website if your final destination is in Northern Ireland, Scotland or Wales.

Failure to comply with these measures is a criminal offence and you could be fined. There are a limited set of exemptions from these measures. You may be fined if you fraudulently claim an exemption.

PART 2E+WOnboard announcement

The following is a public health message on behalf of the UK’s public health agencies.

If you are not fully vaccinated or do not meet the eligibility criteria, you must take a test before the end of day 2 after you arrive.

The symptoms of coronavirus are a new continuous cough, a high temperature or a loss of, or change in, normal sense of taste or smell. If you experience any of these symptoms, however mild, you are advised to make yourself known to the crew.

Please follow the Public Health guidance for the area you are living or travelling in.

Visit gov.uk/coronavirus for more advice.

PART 3E+WRelevant websites

https://www.gov.uk/guidance/red-list-of-countries-and-territories

https://www.gov.uk/guidance/travel-to-england-from-another-country-during-coronavirus-covid-19

https://www.gov.uk/provide-journey-contact-details-before-travel-uk

https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice

https://gov.wales/arriving-wales-overseas

https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine]

Regulation 18(3)

SCHEDULE 13E+WProhibition on the arrival of aircraft and vessels into England

Interpretation of this ScheduleE+W

1.—(1) In this Schedule—

“controller” means—

(a)

in relation to a commercially operated aircraft or vessel, the person who has management control over the aircraft or vessel when it arrives in England,

(b)

in relation to any other aircraft or vessel, the person who has physical control over the aircraft or vessel when it arrives in England;

“passenger” means a person carried in or on an aircraft or vessel other than a member of the aircraft or vessel's crew;

“port” has the same meaning as in the Merchant Shipping Act 1995 M12.

(2) In the definition of “controller” in sub-paragraph (1) “arrives” means—

(a)in relation to an aircraft, lands;

(b)in relation to a vessel, moors at a port.

Commencement Information

I40Sch. 13 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

Prohibition on arrival of aircraft into EnglandE+W

2.—(1) A controller must not cause or permit an aircraft whose last point of departure was in a country or territory listed in paragraph 4 to land in England unless—

(a)landing in England is reasonably necessary to secure the safety of the aircraft or the health and safety of any person aboard it;

(b)the landing is only for the purpose of refuelling, or aircraft maintenance, and no passengers are permitted to board, or disembark from, the aircraft;

(c)the aircraft is an air ambulance and landing for the purpose of transporting a person for medical treatment; [F158or]

[F159(d)the circumstances specified in regulation 18(2)(c) apply in relation to the aircraft.]

(2) This paragraph does not apply in relation to—

(a)a commercially operated aircraft carrying no passengers;

(b)an aircraft operated by or in support of Her Majesty's Government in the United Kingdom;

(c)an aircraft operated by or in support of a foreign country or territory where, prior to its arrival in England, a United Kingdom Government Department has provided written confirmation to the operator that the aircraft is carrying passengers who are travelling to conduct official business with the United Kingdom.

[F160(d)a commercially operated aircraft carrying passengers that lands at—

(i)Birmingham Airport, or

(ii)Heathrow Airport]

[F161(3) Sub-paragraph (2)(d) does not apply in the period starting at 12 noon on 26th November 2021 and ending at 4 a.m. on 28th November 2021.]

Textual Amendments

F158Sch. 13 para. 2(1): word “or” moved from after para. (b) to after para. (c) (28.8.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(3)(c), 19(2)

Commencement Information

I41Sch. 13 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Prohibition on arrival of vessels into EnglandE+W

3.—(1) A controller must not cause or permit a vessel whose last point of departure was a country or territory listed in paragraph 5 to moor at a port in England unless mooring at a port in England—

(a)is reasonably necessary to secure the safety of the vessel or the health and safety of any person aboard it; or

(b)is otherwise required pursuant to a direction issued under Schedule 3A to the Merchant Shipping Act 1995.

(2) This paragraph does not apply in relation to—

(a)a commercially operated vessel carrying no passengers;

(b)a vessel operated by or in support of Her Majesty's Government in the United Kingdom;

(c)a vessel operated by or in support of a foreign country or territory where, prior to its arrival in England, a United Kingdom Government Department has provided written confirmation to the operator that the vessel is carrying passengers who are travelling to conduct official business with the United Kingdom.

Commencement Information

I42Sch. 13 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

4.  The countries or territories referred to in paragraph 2(1) are—E+W

Textual Amendments

Commencement Information

I43Sch. 13 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

5.  The countries or territories referred to in paragraph 3(1) are—E+W

F163...

Textual Amendments

Commencement Information

I44Sch. 13 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

6.  A controller who contravenes paragraph 2(1) or 3(1) commits an offence punishable on summary conviction by a fine.E+W

Commencement Information

I45Sch. 13 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F164Airport operators to ensure passengers use designated terminalsE+W

7.—(1) An airport operator must not cause or permit—

(a)passengers to arrive at a terminal or part of a terminal other than a terminal or part of a terminal designated for direct flights from category 3 countries or territories, if the landing of the aircraft on which they arrived in England would have been prohibited but for paragraph 2(2)(d);

(b)other passengers, apart from Schedule 11 passengers, to arrive at a terminal or part of a terminal designated for direct flights from category 3 countries or territories [F165at any time when category 3 arrivals are being processed in that terminal or part of a terminal]; [F166or]

[F167(c)category 3 arrivals to arrive at a terminal or part of a terminal designated for direct flights from category 3 countries or territories at any time when passengers who are not category 3 arrivals or Schedule 11 passengers are being processed in that terminal or part of a terminal.]

[F168(1A) For the purposes of sub-paragraph (1)(b) [F169and (c)]—

(a)“category 3 arrival” means a passenger who arrives in England on a direct flight from a category 3 country or territory;

(b)a [F170passenger] is being processed in a terminal, or part of a terminal, during the period—

(i)beginning when the passenger (“P”) arrives in that terminal, or that part of a terminal, and

(ii)ending when P exits the place within that terminal, or part of a terminal, where P is required, for the purposes of section 78 of the Customs and Excise Management Act 1979, to declare any thing contained in P’s baggage or carried with P which P obtained outside the United Kingdom.]

(2) Sub-paragraph (1) does not apply where causing or permitting passengers to arrive at a terminal other than in accordance with that sub-paragraph is reasonably necessary to secure the safety of the aircraft or the health and safety of any person.

(3) An airport operator who contravenes sub-paragraph (1) commits an offence punishable on summary conviction by a fine.

(4) For the purposes of this paragraph—

(a)“airport operator” has the meaning given in section 82 of the Airports Act 1986;

(b)a passenger arrives at a terminal or part of a terminal if after disembarking from an aircraft they enter the terminal or part of the terminal for the purpose of entering the United Kingdom or as a transit passenger;

(c)the following are designated for direct flights from category 3 countries or territories—

(i)the part of the terminal at Birmingham Airport known as “South arrival and immigration hall”;

(ii)Heathrow Airport Terminal [F1714].]

Textual Amendments

Regulation 20(4)(c)

SCHEDULE 14E+WAmounts of fixed penalties

Amounts of fixed penaltiesE+W

1.  The amounts specified for the purposes of regulation 20(4)(c) are the amounts specified in paragraphs 2 to 17 in relation to the offences described in each paragraph.

Commencement Information

I46Sch. 14 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(a)E+W

2.  Breach of regulation 3(1), (2) (3) (5), (7) or (8) (without reasonable excuse fail to provide passenger information, or evidence of having provided passenger information, or to update passenger information)—

(a)in the case of the first fixed penalty notice, £500;

(b)in the case of the second fixed penalty notice, £1,000;

(c)in the case of the third fixed penalty notice, £2,000;

(d)in the case of the fourth and subsequent fixed penalty notices, £4,000.

Commencement Information

I47Sch. 14 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(6)E+W

3.  Breach of regulation 19(6) (intentionally or recklessly provide false passenger information)—

(a)if the offence consists of the intentional or reckless provision of false or misleading passenger information relating to the person's travel history in relation to a category 3 country or territory), £10,000;

(b)in any other case—

(i)in the case of the first fixed penalty notice, £500,

(ii)in the case of the second fixed penalty notice, £1,000,

(iii)in the case of the third fixed penalty notice, £2,000,

(iv)in the case of the fourth and subsequent fixed penalty notices, £4,000.

Commencement Information

I48Sch. 14 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F172Regulation 19(6A)E+W

3A.  Breach of regulation 19(6A) (knowingly giving false information pursuant to F173... paragraph 3(2A) of Schedule 8)—

(a)in the case of the first fixed penalty notice, £1,000;

(b)in the case of the second fixed penalty notice, £2,000;

(c)in the case of the third fixed penalty notice, £4,000;

(d)in the case of the fourth or subsequent fixed penalty notice, £10,000.]

Textual Amendments

Regulation 19(1)(b)E+W

4.  Breach of [F174regulation 3ZA](1), (2), (3) or (4) (without reasonable excuse fail to possess or produce evidence of negative test result on arrival)—

(a)in the case of the first fixed penalty notice, £500;

(b)in the case of the second fixed penalty notice, £1,000;

(c)in the case of the third fixed penalty notice, £2,000;

(d)in the case of the fourth and subsequent fixed penalty notices, £4,000.

Textual Amendments

Commencement Information

I49Sch. 14 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(c)E+W

5.  Breach of [F175[F176regulation] 6 (requirement to book and undertake tests)]—

(a)in the case of a fixed penalty notice issued in respect of a failure to possess a [F177F178... testing package in accordance with regulation F179... 6(3)], £1,000;

(b)in the case of a fixed penalty notice issued in respect of a failure to obtain [F180a F181... testing package in accordance with regulation F182... 6(4)], £2,000;

(c)in the case of a fixed penalty notice issued in respect of a failure to obtain a [F183F184... testing package for a child in accordance with regulation F185... 6(5)], £1,000;

(d)in the case of the first fixed penalty notice issued in respect of a failure to undertake a test in accordance with [F186regulation F187... 6(6) or (8)], £1,000;

(e)in the case of the second fixed penalty notice issued in respect of a failure to undertake a test in accordance with [F188regulation F189... 6(6) or (8)], £2,000;

(f)[F190regulation F191... 6(11) (duty to provide evidence)], £1,000.

Textual Amendments

Commencement Information

I50Sch. 14 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(d)E+W

6.  Breach of regulation 7(2), (3) or (9) (requirement to undertake workforce tests)—

(a)in the case of a first fixed penalty notice, £1,000;

(b)in the case of a second fixed penalty notice, £2,000;

(c)in the case of a third and subsequent fixed penalty notice, £3,000.

Commencement Information

I51Sch. 14 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(e)E+W

F1927.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 19(1)(f) [F193and (iza)] E+W

8.  [F194Breach of paragraph 3(2A) of Schedule 8, or paragraph 3(1A) of Schedule 9 (requirement to provide details of household on request) or regulation] 9(2), (7) or (13) (requirement to self-isolate, travel to place of self-isolation or require child to self-isolate or travel to place of self-isolation)—

(a)in the case of the first fixed penalty notice, £1,000;

(b)in the case of the second fixed penalty notice, £2,000;

(c)in the case of the third fixed penalty notice, £4,000;

(d)in the case of the fourth and subsequent fixed penalty notice, £10,000.

Textual Amendments

Commencement Information

I52Sch. 14 para. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(g)E+W

9.  Breach of requirement in or imposed under regulation 11 (self-isolation directions) unless the requirement relates to Schedule 11 (additional measures applicable to arrivals from category 3 countries or territories), £1,000.

Commencement Information

I53Sch. 14 para. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(h)E+W

10.  Breach of a requirement in or imposed under regulation 11 (self-isolation directions) where the requirement relates to Schedule 11, £10,000.

Commencement Information

I54Sch. 14 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(i) [F195, (ia), (ic)] and (j)E+W

11.  Breach of a requirement in Schedule 11 except under paragraph 3 [F196, 5 [F197, 16(a) or [F198(aa)(i) or (ii), 18A or 18C]]] of that Schedule—

(a)in the case of the first fixed penalty notice, £5,000;

(b)in the case of the second fixed penalty notice, £8,000;

(c)in the case of the third and subsequent fixed penalty notice, £10,000.

Textual Amendments

Commencement Information

I55Sch. 14 para. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(j)E+W

12.  Breach of a requirement in paragraph 3 of Schedule 11, £10,000

Commencement Information

I56Sch. 14 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F19912A.  Breach of a requirement in paragraph 5 [F200, 16(a) or [F201(aa)(i) or (ii) or 18A]] of Schedule 11—E+W

(a)in the case of the first fixed penalty notice, £500;

(b)in the case of the second fixed penalty notice, £1,000;

(c)in the case of the third and subsequent fixed penalty notices, £2,000.]

Textual Amendments

Regulation [F20219(1)(id) and (k)] E+W

13.  Breach of a requirement in paragraph 4 of Schedule 9 (employers' obligations relating to workforce tests) [F203or paragraph 18C of Schedule 11 (employers’ obligations relating to self-isolating workers)]—

(a)in the case of the first fixed penalty notice, £1,000;

(b)in the case of the second fixed penalty notice, £2,000;

(c)in the case of the third fixed penalty notice, £4,000;

(d)in the case of the fourth and subsequent fixed penalty notice, £10,000.

Textual Amendments

Commencement Information

I57Sch. 14 para. 13 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(7)(a)E+W

14.  Breach of requirement under regulation 13(1) (passenger information requirement by operator), £4,000.

Commencement Information

I58Sch. 14 para. 14 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F204Regulation 19(7)(aa)E+W

14A.  Breach of the requirement under regulation 15A(1) (operator systems offence), £4,000.]

Textual Amendments

Regulation 19(7)(b) to (d)E+W

F20515.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 19(7)(cd)E+W

F20615A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 19(13)E+W

16.  Breach of requirement under regulation 15 (operator records and information), £500.

Commencement Information

I59Sch. 14 para. 16 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F207Regulation 19(13A)E+W

16A.   Breach of requirement under regulation [F20815A(3)] (operator systems records), £4,000.]

Textual Amendments

[F209Regulation 19(13B)(a)E+W

16B.  Breach of requirement under regulation 18A(1) F210... (requirements on test providers)—

(a)in the case of a first fixed penalty notice, £2,500;

(b)in the case of a second fixed penalty notice, £5,000;

(c)in the case of a third fixed penalty notice, £10,000.

Textual Amendments

Regulation 19(13B)(b)E+W

16C.  Breach of requirement under regulation 18B(1) (requirements on other persons providing testing services)—

(a)in the case of a first fixed penalty notice, £2,500;

(b)in the case of a second fixed penalty notice, £5,000;

(c)in the case of a third fixed penalty notice, £10,000.]

Textual Amendments

Regulation 19(14)E+W

17.  Breach of regulation 19(14) (wilful obstruction of a person carrying out a function under these Regulations)—

(a)obstruction of a function relating to regulation 3—

(i)in the case of the first fixed penalty notice, £500,

(ii)in the case of the second fixed penalty notice, £1,000,

(iii)in the case of the third fixed penalty notice, £2,000,

(iv)in the case of the fourth and subsequent fixed penalty notices, £4,000,

with no account taken of any fixed penalty notices given before 4.00 a.m. on 18th January 2021;

(b)obstruction of a function relating to [F211regulation 3ZA]—

(i)in the case of the first fixed penalty notice, £500,

(ii)in the case of the second fixed penalty notice, £1,000,

(iii)in the case of the third fixed penalty notice, £2,000,

(iv)in the case of the fourth and subsequent fixed penalty notices, £4,000;

(c)obstruction of a function relating to regulations 9 or 11 apart from regulation 11(3), £1,000;

(d)obstruction of a function relating to regulation 11(3) or in relation to regulation 10—

(i)in the case of the first fixed penalty notice, £5,000,

(ii)in the case of the second fixed penalty notice, £8,000,

(iii)in the case of the third and subsequent fixed penalty notice, £10,000;

[F212(da)obstruction of a function relating to regulation 18A(1) F213... or 18B(1)—

(i)in the case of a first fixed penalty notice, £2,500;

(ii)in the case of a second fixed penalty notice, £5,000;

(iii)in the case of a third fixed penalty notice, £10,000;]

(e)in any other case, £500.

Textual Amendments

Commencement Information

I60Sch. 14 para. 17 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

18.  In determining how many fixed penalty notices a person (“P”) has received for the purposes of paragraph 8 (breach of requirement in regulation 9 to self-isolate etc), if P received more than one fixed penalty notice for that offence before 2nd October 2020, only one of those notices may be taken into account.E+W

Commencement Information

I61Sch. 14 para. 18 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 26(2)

SCHEDULE 15E+WConsequential Amendments

1.—(1) The Health Protection (Notification) Regulations 2010 M13 are amended as follows.E+W

(2) In regulation 4(3D)(b), for “regulation 3B of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ regulation 6 of the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ”.

(3) In regulation 4ZA—

(a)in the heading, for “the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ”;

(b)in paragraph (1)(a), for “regulation 3B of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the 2020 Regulations”)” substitute “ regulation 6 of the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (“the International Travel and Operator Liability Regulations”) ”;

(c)in paragraph (1)(c), for “paragraph 7(1)(f) of Schedule 2C to the 2020 Regulations” substitute “ paragraph 7(1)(g) of Schedule 11 to the International Travel and Operator Liability Regulations ”;

(d)in paragraph (3), for “paragraph 7(1)(f) of Schedule 2C to the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ paragraph 7(1)(g) of Schedule 11 to the International Travel and Operator Liability Regulations ”.

Commencement Information

I62Sch. 15 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M13S.I. 2010/659. Regulations 4(3D) and 4ZA were inserted by S.I. 2021/150. There are other amendments but none is relevant.

2.—(1) The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 M14 are amended as follows.E+W

(2) In regulation 2D(1)(c), for “regulation 4 of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ regulation 9 of the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ”.

(3) In regulation 6(1)—

(a)in the definitions of “designated place”, “isolation requirements” and “self-isolating worker”, for “regulation 4” substitute “ regulation 9 ”;

(b)in the definition of “International Travel Regulations”, for “the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ”.

Commencement Information

I63Sch. 15 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M14S.I. 2020/1045. Regulation 2D was inserted by S.I. 2021/364. There are other amendments but none is relevant.

Regulation 26(3)

SCHEDULE 16E+WTransitional provision

1.  Passenger information provided before 4.00 a.m. on 17th May 2021 by a person pursuant to regulation 3 of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the 2020 Regulations”) in advance of arrival in England is treated as passenger information provided for the purposes of these Regulations where the person arrives in England on or after that date.E+W

Commencement Information

I64Sch. 16 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

2.  Confirmation given by the Foreign, Commonwealth and Development Office that a person is not required to comply with regulation 3B of the 2020 Regulations is treated as confirmation that the person is not required to comply with regulation 6 of these Regulations where the person arrives in England on or after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I65Sch. 16 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

3.  A designation by the Secretary of State of a person as an authorised person under regulation 5(7) of the 2020 Regulations has effect as a designation of that person as an authorised person under of regulation 11(11)(c) of these Regulations.E+W

Commencement Information

I66Sch. 16 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

4.  Regulation 5A of the 2020 Regulations continues to have effect in relation to a constable who exercises the powers in that regulation in relation to a person who arrived in England before 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I67Sch. 16 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

5.  A designation by the Secretary of State of a person as a designated officer under regulation 7(2) of the 2020 Regulations has effect as a designation of that person as a designated officer under regulation 20(9)(c)(i) of these [F214Regulations].E+W

Textual Amendments

Commencement Information

I68Sch. 16 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

6.  A designation by the Secretary of State of a person as an authorised person under regulation 7(10)(c) of the 2020 Regulations has effect as a designation of that person as an authorised person under regulation 20(9)(a)(iii) of these Regulations.E+W

Commencement Information

I69Sch. 16 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

7.  A designation by the Secretary of State under regulation 8 of the 2020 Regulations as a person who may bring proceedings for an offence has effect as a designation under regulation 21(1) of these Regulations.E+W

Commencement Information

I70Sch. 16 para. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

8.  A confirmation from the Foreign, Commonwealth and Development Office or other UK Government Department that a person is not required to comply with Schedule B1A to the 2020 Regulations is treated as confirmation that a person is not required to comply with Schedule 11 of these Regulations where the person arrives in England on or after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I71Sch. 16 para. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

9.  A booking of a managed self-isolation package made before 4.00 a.m. on 17th May 2021 which satisfies the requirements of Schedule B1A to the 2020 Regulations is treated as satisfying the requirements of Schedule 11 to these Regulations where the person to whom the booking relates arrives in England after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I72Sch. 16 para. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

10.  A designation by the Secretary of State under paragraph 9 of Schedule B1A to the 2020 Regulations as a person who may impose a charge under that Schedule has effect as a designation under paragraph 9 of Schedule 11 to these Regulations.E+W

Commencement Information

I73Sch. 16 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

11.  Authorisation by the Secretary of State under paragraph 13(2)(a) of Schedule B1A to the 2020 Regulations as a person who may give a permission under that paragraph has effect as authorisation under paragraph 13(2)(a) of Schedule 11 to these Regulations.E+W

Commencement Information

I74Sch. 16 para. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

12.  A designation by the Secretary of State of accommodation or transportation under paragraph 15 of Schedule B1A to the 2020 Regulations has effect as designation of accommodation or transportation, as the case may be, under paragraph 15 of Schedule 11 to these Regulations.E+W

Commencement Information

I75Sch. 16 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

13.  Confirmation by the Secretary of State that paragraph 18 of Schedule B1A to the 2020 Regulations applies to a person is treated as confirmation that paragraph 18 of Schedule 11 to these Regulations applies to that person where the person arrives in England after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I76Sch. 16 para. 13 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

14.  Confirmation by a sponsor that paragraph 19 of Schedule B1A to the 2020 Regulations applies to a person is treated as confirmation that paragraph 19 of Schedule 11 to these Regulations applies to that person where the person arrives in England after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I77Sch. 16 para. 14 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

15.  Confirmation by a UK Government Department under paragraph 1(1A)(d) of Schedule 2 to the 2020 Regulations that a person is of the description in that paragraph, is treated as confirmation that the person is of the description in paragraph 1(2)(d) of Schedule 4 to these Regulations where the person arrives in England after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I78Sch. 16 para. 15 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

16.  Certification by a UK Government Department under paragraphs 13 or 13A of Schedule 2 to the 2020 Regulations that a person is of the description or is undertaking work of the description in those paragraphs, is treated as certification that the person is of the description or is undertaking work of the description in paragraphs 16 or 17 of Schedule 4 to these Regulations where the person concerned arrives in England after 4.00 a.m. on 17th May 2021 (and accordingly such a person is not required to comply with regulation 4 of these Regulations).E+W

Commencement Information

I79Sch. 16 para. 16 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

17.  A designation by the Secretary of State under paragraph 12(1) of Schedule 2C to the 2020 Regulations as a person who may impose a charge under that Schedule has effect as a designation under paragraph 12(1) of Schedule 8 to these Regulations and publication of details of charges under paragraph 12(2)(a) of Schedule 2C to the 2020 Regulations satisfies the requirement under paragraph 12(2)(a) of Schedule 8 to these Regulations as to publication.E+W

Commencement Information

I80Sch. 16 para. 17 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

18.  Guidance issued by the Secretary of State pursuant to paragraph 4(2) of Schedule 2D to the 2020 Regulations has effect as guidance issued pursuant to paragraph 4(2) of Schedule 9 to these Regulations.E+W

Commencement Information

I81Sch. 16 para. 18 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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