The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 8) Regulations 2021

Amendment of the International Travel Regulations

2.—(1) The International Travel Regulations are amended as follows.

(2) In regulation 3B (requirement to book and undertake tests), for paragraph (1) substitute—

“(1) Subject to paragraph 13 (exclusion for certain diplomatic etc. personnel) of Schedule 2C, this regulation applies to a person (“P”) who—

(a) is required to self-isolate under—

(i) regulation 4 (requirement to self-isolate) unless that person is also a relevant person; or

(ii) Schedule B1A (additional measures), or

(b) is not required to self-isolate under regulation 4 only by virtue of any of the following provisions of Schedule 2—

(i) paragraph 13(1)(c) (persons returning to facilitate diplomatic mission etc.);

(ii) paragraph 25 (postal workers).

(1A) For the purposes of paragraph (1)(a)(i), a person who is required to self-isolate under regulation 4 is also a relevant person if they—

(a) may, by virtue of paragraph (13)(d)(ii), (13)(e)(ii) or (13)(f) of that regulation, temporarily cease self-isolating (for work etc.); and

(b) are not a person described in paragraph 17, 17A, 18, 19, 20, 21, 23, 24, 26, 27, 31, 32, 33, 34, 35 or 36 of Schedule 2.”.

(3) In regulation 4 (requirement to self-isolate), in paragraph (13)—

(a) in sub-paragraph (ca), from “Schedule 2—” to the end, substitute “Schedule 2, P satisfies the requirements of paragraph (2) if P complies with the relevant conditions specified in paragraph 39(4) of Schedule 2,”;

(b) for sub-paragraph (d) substitute—

“(d) in paragraph 4, 4A, 4B, 4C, 4D, 4E, 6, 11, 14, 15, 16 or 22 of Schedule 2 and is–

(i) ordinarily resident in the United Kingdom, P is not required to comply with this regulation,

(ii) not ordinarily resident in the United Kingdom, P is not required to comply with this regulation while undertaking the work or activity described in the relevant paragraph of that Schedule,

(e) in paragraph 4F of Schedule 2, engaged in work relating to the carriage of passengers by way of the tunnel system and is—

(i) ordinarily resident in the United Kingdom, P is not required to comply with this regulation,

(ii) not ordinarily resident in the United Kingdom, P is not required to comply with this regulation while undertaking that work,

(f) in paragraph 17, 17A, 18, 19, 20, 21, 23, 24, 26, 27, 29, 31, 32, 33, 34, 35, 36, 36A or 46 of Schedule 2, P is not required to comply with this regulation while undertaking the work or activity described in the relevant paragraph of that Schedule,

(g) in any other paragraph of Schedule 2, including paragraph 4F in so far as it relates to work other than the carriage of passengers by way of the tunnel system, P is not required to comply with this regulation.”.

(4) In Schedule 2 (persons not required to comply with regulation 3 or 4)—

(a) for paragraph 37, substitute—

“37.— (1) A person ordinarily resident in the United Kingdom and who pursues a work-related activity in another country to which they usually travel at least once a week which is certified by their employer, or in the case of a self-employed person certified by them, as being—

(a) an activity that cannot be done remotely; and

(b) critical.

(2) For the purposes of sub-paragraph (1), an activity is critical if—

(a) it would be defined as critical, or equivalent terminology, in legislation or guidance in use in that country; or

(b) if the country has no such definition, if they are pursuing an activity which would fall under one of the other paragraphs in this Schedule if it were carried out in the United Kingdom.”;

(b) in paragraph 39(4), before paragraph (a) insert—

“(zb) where P is a domestic elite sportsperson of a kind described in paragraph (c)(i) of the definition of that expression in sub-paragraph (2)—

(i) P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as a domestic elite sportsperson returning to England from competing in an elite sports event or participating in training for an Olympic or Paralympic event,

(ii) P travels directly to, and remains in any place where P is self-isolating, apart from when P is travelling to or from, or attending the location of, an elite sports event in which they are competing or training for an elite sports event, or travelling between different locations where such an elite sports event or training for an elite sports event is taking place, and

(iii) at all times when P is not self-isolating P remains in isolation with any other domestic elite sportspersons or international elite sportspersons who are competing in or training for that elite sports event or with domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event,

(zc) where P is a domestic elite sportsperson of a kind described in paragraph (c)(ii) of the definition of that expression in sub-paragraph (2)—

(i) P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as a domestic elite sportsperson who has travelled to England to participate in training for or to compete in an elite sports event,

(ii) P travels directly to, and remains in any place where P is self-isolating, apart from when P is travelling to or from, or attending the location of an elite sports event in which they are competing or training for an elite sports event, or travelling between different locations where such an elite sports event or training for an elite sports event is taking place, and

(iii) at all times when P is not self-isolating P remains in isolation with any other domestic elite sportspersons or international elite sportspersons who are competing in or training for that elite sports event or with domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event,

(zd) where P is a domestic ancillary sportsperson—

(i) P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as a domestic ancillary sportsperson returning to England having been involved in the running of an elite sports event or the support of a domestic elite sportsperson,

(ii) P travels directly to, and remains in any place where P is self-isolating, apart from when P—

(aa) is travelling to or from, or attending the location of, any place in which P’s presence is essential to the running of an elite sports event,

(bb) is travelling to or from, or attending the location of, any place in which P provides essential support to a domestic elite sportsperson who is competing in or training for an elite sports event,

(cc) is travelling between different locations where any activity described in paragraph (aa) or (bb) is taking place, and

(iii) at all times when P is not self-isolating P remains in isolation with domestic elite sportspersons or international elite sportspersons who are competing in or training for that elite sports event or with domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event,”.

(5) In Schedule 2B (testing before arrival in England), for paragraph 2(f) substitute—

“(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.”.