The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 6) Regulations 2021

Insertion of new regulation 17A

11.  After regulation 17 (requirement to ensure passengers possess notification of negative test result) insert—

“Requirement to ensure passengers possess evidence of vaccination

17A.— (1) An operator must ensure that a passenger other than a category 1 arrival or a Schedule 11 passenger (“P”)—

(a) who is on a relevant service; and

(b) has indicated on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria for reduced isolation and testing requirements,

is in possession of the required evidence when P arrives at a port in England.

(2) In paragraph (1) “the required evidence” means—

(a) evidence of the description in regulation 2A(3)(c), (4)(b), or (6)(a)(ii); or

(b) where P intends to take advantage of the exemption in regulation 2A(5) or (6)(b) (P aged under 18 years) evidence of P’s age.

(3) An operator must implement and maintain processes and systems to ensure that the requirement in paragraph (1) is complied with.

(4) An operator must retain records and information of the steps that they have taken to comply with paragraph (3).

(5) An authorised person may request copies of the records and such other information from an operator as is necessary for the authorised person to determine whether the requirements under paragraph (3) have been complied with.

(6) A request under paragraph (5) must specify the period within which the operator must provide the information to the authorised person.

(7) In this regulation “authorised person” means—

(a) in relation to passengers arriving by sea, the Secretary of State for Transport;

(b) in relation to passengers arriving by air, the Civil Aviation Authority;

(c) in relation to passengers arriving by rail, the Office of Rail and Road.

(8) This regulation does not apply in the case of the operator of a relevant service which commences in Metropolitan France.”.