The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2022

Amendment of regulation 5 (requirements relating to tests)

8.—(1) Regulation 5 is amended as follows.

(2) For paragraph (1) substitute—

“(1) Except as provided in paragraph (6), regulation 6 applies to—

(a) a non-category 3 arrival who—

(i) arrives in England from outside the common travel area, and

(ii) is not a person to whom regulation 7(2)(b) (workforce tests) applies by virtue of paragraph (4) of this regulation;

(b) a Schedule 11-exempt passenger who is a person described in any of the following provisions of Schedule 4—

(i) paragraph 8 (seafarers) so far as it applies to a seaman or a master of a fishing vessel within the meaning of the Merchant Shipping Act 1995(1);

(ii) paragraph 12 (foreign Government border security duties);

(iii) Part 4 (law enforcement);

(iv) paragraph 17 or 18 (essential government work etc.);

(v) paragraph 19(2), (3) or (4) (international organisations etc.);

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

(c) a Schedule 11 passenger.”.

(3) Omit paragraph (2).

(4) For paragraph (3) substitute—

“(3) Paragraph (2)(a) of regulation 7 (requirement to undertake workforce tests) applies to a Schedule 11-exempt passenger who is described in any of the following provisions of Schedule 4—

(a) paragraph 2 (aircraft crew);

(b) paragraph 5 (road haulage workers);

(c) paragraph 8 (seafarers), other than a seaman or master of a fishing vessel within the meaning of the Merchant Shipping Act 1995;

(d) paragraph 11 (UK officials with border security duties);

(e) paragraph 16 (transporting human cells);

(f) paragraph 20 (defence personnel).”.

(5) For paragraph (4) substitute—

“(4) Paragraph (2)(b) of regulation 7 applies to a non-category 3 arrival who—

(a) arrives in England from outside the common travel area,

(b) is not an eligible traveller, and

(c) is described in any of the following provisions of Schedule 4—

(i) Part 1 (seasonal and temporary horticultural and food processing workers);

(ii) paragraph 2 (aircraft crew);

(iii) paragraph 4 (road passenger transport workers);

(iv) paragraph 5 (road haulage workers);

(v) paragraph 6 (Channel Tunnel system workers);

(vi) paragraph 7 (international rail crew, passenger and freight operators);

(vii) paragraph 8 (seafarers), other than a seaman or master of a fishing vessel within the meaning of the Merchant Shipping Act 1995;

(viii) paragraph 9 (essential port workers);

(ix) paragraph 10 (border control and preparedness advisers);

(x) paragraph 11 (UK officials with border security duties);

(xi) paragraph 16 (transporting human cells);

(xii) paragraph 20 (defence personnel).”.

(6) Omit paragraph (5).

(7) In paragraph (6), for sub-paragraphs (a) to (j) substitute—

“(a) an eligible traveller;

(b) a person described in any of the following provisions of Schedule 4—

(i) paragraph 12 (foreign Government border security duties), where P is engaged pursuant to a binding bilateral or multilateral agreement concerning controls at St Pancras, Ebbsfleet, Cheriton, Ashford or Dover;

(ii) paragraph 17 or 18 (essential government work etc.) where the relevant Department has certified under either of those paragraphs in respect of regulation 6;

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

(iv) 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 regulation 6;

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

(vi) paragraph 23 (non-CTA transit passengers);

(vii) paragraph 24 (CTA transit passengers);

(viii) paragraph 25 (short-stay cruise passengers)”.

(8) Omit paragraphs (7) and (8).

(1)

1995 c. 21.