The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 11) Regulations 2021

Insertion of new regulation 3AA

3.  After regulation 3A(1) insert—

“Requirements relating to tests

3AA.— (1) Except as provided in paragraph (5) and subject to the provisions relating to length of stay in regulation 3B(1)(2), regulation 3B (requirement to book and undertake tests) applies to a person who arrives in England who—

(a) is required to self-isolate under—

(i) regulation 4 (requirement to self-isolate), or

(ii) Schedule B1A (additional measures),

(b) is not required to self-isolate under regulation 4 only by virtue of the following paragraphs of Schedule 2 (persons not required to comply with regulation 3 or 4)—

(i) paragraph 1(1)(i) (representatives of foreign countries or territories on official business),

(ii) paragraph 1(1)(j) (representatives of government of British overseas territory),

(iii) paragraph 4 (foreign officials with border security duties),

(iv) paragraph 4A (road passenger transport workers)(3),

(v) paragraph 11 (civil aviation inspectors),

(vi) paragraph 13 (certain Crown Servants, persons certified as returning from essential state business etc.),

(vii) paragraph 13A (essential or emergency work outside the United Kingdom), or

(viii) paragraph 25 (postal operators),

(c) falls within the description in paragraph 39 (elite sportspersons and ancillary sportspersons) of Schedule 2, or

(d) may temporarily cease to self-isolate by virtue of paragraph (13)(d)(ii) or (13)(f) of regulation 4 and the following paragraphs of Schedule 2—

(i) paragraph 4 (foreign officials with border security duties),

(ii) paragraph 4A (road passenger transport workers),

(iii) paragraph 11 (civil aviation inspectors),

(iv) paragraph 17 (water and sewerage workers),

(v) paragraph 17A(4) (flood and coastal defence workers),

(vi) paragraph 18 (electricity workers),

(vii) paragraph 19 (nuclear power workers),

(viii) paragraph 20 (chemical weapons inspectors),

(ix) paragraph 21 (space workers),

(x) paragraph 23 (oil workers),

(xi) paragraph 24 (offshore oil and gas workers) unless paragraph (4) applies to the person,

(xii) paragraph 26 (specialist technical workers),

(xiii) paragraph 27 (specialist waste management workers),

(xiv) paragraph 31 (medicines inspectors),

(xv) paragraph 32 (clinical trial conductors),

(xvi) paragraph 33 (clinical investigators),

(xvii) paragraph 34 (medical and veterinary specialists),

(xviii) paragraph 35 (infrastructure workers), or

(xix) paragraph 36 (communications operation workers).

(2) In paragraph (1)(a), the reference to persons required to self-isolate under regulation 4 does not include anyone who may temporarily cease to self-isolate by virtue of regulation 4(13)(d)(ii), or (13)(f).

(3) Regulation 3C (requirement to undertake workforce tests) applies to a person who is not required to self-isolate under regulation 4 by virtue of any sub-paragraph of regulation 4(13) and the following paragraphs of Schedule 2, or who may temporarily cease to self-isolate or whose obligation to self-isolate under that regulation is otherwise modified by virtue of those provisions—

(a) paragraph 2 (UK officials with border security duties),

(b) paragraph 3 (officials involved in essential defence activities),

(c) paragraph 4B(5) (seamen and masters) other than seamen and masters of fishing vessels within the meaning of the Merchant Shipping Act 1995(6),

(d) paragraph 4C(7) (pilots),

(e) paragraph 4D(8) (inspectors and surveyors of ships),

(f) paragraph 4E(9) (aircraft crew and pilots),

(g) paragraph 4F(10) (international rail crew, passenger and freight operators),

(h) paragraph 6 (road haulage workers)(11),

(i) paragraph 12 (Channel Tunnel system workers),

(j) paragraph 14 (repatriated prisoners),

(k) paragraph 15 (international prison escorts),

(l) paragraph 22 (aerospace engineers and aerospace workers),

(m) paragraph 29 (persons transporting human blood etc.), or

(n) paragraph 38 (seasonal agricultural workers).

(4) Regulation 3D applies to a worker who falls within the description in paragraph 24(1)(a) of Schedule 2 who arrives in England and is required to undertake or commence activities on an offshore installation, including critical safety work on an offshore installation.

(5) Regulation 3B does not apply to a person (“P”) where P is—

(a) a person described in paragraph 1(1)(a) to (h) or (k) of Schedule 2 or a member of the family forming part of their household;

(b) a person described in paragraph 1(1)(i) or (j) (representatives of foreign countries or territories or British overseas territories) of Schedule 2 where the conditions in paragraph (6) of this regulation are met;

(c) a member of the family forming part of the household of a person to whom paragraph (b) applies, where—

(i) the conditions in paragraph (6) are met in relation to the person to whom paragraph (b) applies,

(ii) the Foreign, Commonwealth and Development Office has been notified of P’s arrival, and

(iii) the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with regulation 3B;

(d) a person described in paragraph 13(1)(a) or (b) (persons certified as returning from essential state business etc.) of Schedule 2 where the relevant Department has certified that P meets this description and is not required to comply with regulation 3B;

(e) a person described in paragraph 13A (essential or emergency work outside the United Kingdom) of Schedule 2 where the relevant Department has certified that P is not required to comply with regulation 3B.

(6) The conditions specified in this paragraph are that, prior to P’s departure to the United Kingdom—

(a) the relevant head of the mission, consular post, or office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake work in the United Kingdom which is essential to the foreign country represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory, and

(b) the Foreign, Commonwealth and Development Office has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that—

(i) it has received that confirmation, and

(ii) P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 3B.

(7) Where a word or expression is defined for the purposes of Schedule 2 and is used in paragraphs (5) or (6) of this regulation, the same definition applies for the purposes of those paragraphs.”.

(1)

Regulation 3A was inserted by S.I. 2021/38.

(2)

Regulation 3B is amended by regulation 5 of these Regulations.

(3)

Paragraph 4A was inserted by S.I. 2020/691.

(4)

Paragraph 17A was inserted by S.I. 2020/813.

(5)

Paragraph 4B was inserted by S.I. 2020/691.

(6)

1995 c. 21; see section 313 for the definitions of “seamen” “master” and “fishing vessel”.

(7)

Paragraph 4C was inserted by S.I. 2020/691.

(8)

Paragraph 4D was inserted by S.I. 2020/691.

(9)

Paragraph 4E was inserted by S.I. 2020/691.

(10)

Paragraph 4F was inserted by S.I. 2020/691.

(11)

Paragraph 6 was amended by S.I. 2020/691.