2021 No. 301
The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 9) Regulations (Northern Ireland) 2021
Made
Coming into operation
Citation, commencement and interpretationI11
1
These Regulations may be cited as the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 9) Regulations (Northern Ireland) 2021.
2
These Regulations come into operation at 4.00 a.m. on 22nd November 2021.
3
An amendment made by these Regulations does not apply in relation to a person arriving in Northern Ireland before the coming into operation of the provision containing the amendment.
4
In these Regulations “the principal Regulations” means the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 20213.
5
In these Regulations “the Operator Liability Regulations” means the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 20214.
Amendment of the principal RegulationsI22
The principal Regulations are amended as mentioned in regulations 3 to 10.
Amendment of regulation 2 (Interpretation)I33
In regulation 2(1)—
a
after the definition of “eligible”, insert—
“EU Digital COVID Certificate” means a certificate of COVID-19 records issued by either a member state of the European Union, European Economic Area or the European Free Trade Association, or a European microstate;
“European microstate” means Andorra, Monaco, San Marino, the Sovereign Order of St John, or the Vatican City State.
b
after the definition of “non-red list arrival” insert—
“North American Certificate” has the meaning given in Schedule 2B;
Amendment of regulation 3 (Interpretation: red list and non-red list countries and arrivals)I44
In regulation 3, after paragraph (3), insert—
4
A reference to a country does not include a reference to the overseas territories and dependencies of that country unless otherwise stated.
Amendment of regulation 6 (Requirement to possess notification of negative test result)I55
In regulation 6(7), in sub-paragraph (a), for “Covid” substitute “COVID”
.
Amendment of regulation 10 (Requirement to self-isolate)I66
In regulation 10, omit paragraph (4).
Amendment of regulation 11 (Limitations to, and exceptions from, requirement to self-isolate)I77
In regulation 11(2), omit sub-paragraphs (d)(i) and (e)(i).
Amendment of regulation 19 (Enforcement of requirement to isolate)I88
In regulation 19—
a
in paragraph (4), after “child” insert “who has arrived in Northern Ireland from a red list country”
;
b
in paragraph (5), after “child” insert “who has arrived in Northern Ireland from a red list country”
.
Amendment to Schedule 2B (Criteria to be an eligible arrival)I99
In Schedule 2B—
a
in paragraph 2—
i
omit sub-paragraph (b);
ii
after sub-paragraph (d)(ii), insert—
iia
a North American Certificate;
iib
a certificate of COVID-19 records issued by an approved third country or territory;
iii
in sub-paragraph (d)(iii) omit “or”;
iv
in sub-paragraph (d)(iv) for “,” substitute “, and”
;
v
omit sub-paragraph (e);
b
in paragraph 4—
i
at the end of sub-paragraph (b), insert “and”
;
ii
in sub-paragraph (c) omit “, and”;
iii
omit sub-paragraph (d);
c
in paragraph 5—
i
in sub-paragraph (a) omit “, and”;
ii
omit sub-paragraph (b);
d
in paragraph 6—
i
in the opening words, omit “either”;
ii
at the end of sub-paragraph (a), omit “, or”;
iii
omit sub-paragraph (b);
e
in paragraph 7, after sub-paragraph (a), insert—
aa
if P has received at least 2 doses of any of the vaccines referred to in sub-paragraph (c) of the definition of “authorised vaccine” in paragraph 10, P is deemed to have completed a course of doses of an authorised vaccine.
f
in paragraph 7B, after sub-paragraph (2)(b), insert—
ba
a North American Certificate;
bb
a certificate of COVID-19 records issued by an approved third country or territory;
g
in paragraph 10—
i
in the definition of “authorised vaccine”, in sub-paragraph (c), for the words from “would be authorised” to the end, substitute—
—
i
would be authorised as provided for in sub-paragraph (a)(i) or (ii) if the doses were received in the United Kingdom, or
ii
are listed in lines 10, 11 or 13 of the guidance document “Status of COVID-19 Vaccines within WHO EUL/PQ Evaluation Process” published by the World Health Organisation on 11th November 20215, and authorised or certified in a regulated country listed in paragraph 12,
ii
in the definition of “NHS COVID pass”—
aa
after “records” insert “available”
;
bb
after “NHS.uk or” insert “in”
;
iii
after the definition of “NHS Wales” insert—
”North American Certificate” means, in relation to a State, District or Province listed in the table in paragraph 10B, the certificate identified in the corresponding row of the second column of that table;
h
after paragraph 10, insert—
10A
The following countries and territories are approved third countries or territories for the purposes of this Schedule—
Albania
Armenia
Faroe Islands
Israel
Morocco
North Macedonia
Panama
Turkey
Ukraine.
10B
The table referred to in the definition of “North American Certificate” in paragraph 10 is—
State, District or Provence
Certificate Name
New York
Excelsior Pass Plus
California
Digital COVID-19 Vaccine Record
Washington State
WA Verify
i
In paragraph 11, in the opening words, after “paragraph 10” insert “except in the definition of “North American Certificate””
;
j
In paragraph 12, in the list of countries and territories, at the appropriate places insert entries for—
Belarus
Bolivia
British Antarctic Territory
British Indian Ocean Territory
British Virgin Islands
Democratic Republic of Congo
Dominican Republic
Ecuador
Falkland Islands
Guernsey
Isle of Man
Jersey
Laos
Libya
Malawi
Montserrat
Mozambique
Pitcairn, Henderson, Ducie and Oeno Islands
Samoa
Senegal
South Georgia and the South Sandwich Islands
the Soverign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
St Helena, Ascension and Tristan da Cunha
Turks and Caicos Islands
Vanuatu
Zambia
Zimbabwe
Amendments to Schedule 4 (Persons who are exempt)I1010
1
In Part 1 (Persons who are exempt), in the table, for entries 4, 5, 6, 7, 8, 9, 10, 11, 14, 15 and 16 substitute the following entries—
4. Foreign official (border work)
Exempt
Exempt (unless red list arrival)
Exempt
Exempt
Exempt
5. Seamen and masters
Exempt
Exempt (unless red list arrival)
Exempt
Exempt (residency condition)
Partial exemption (work condition)
Exempt (residency condition)
Partial exemption (work condition)
6. Pilots (maritime)
Exempt
Exempt (unless red list arrival)
Exempt
Exempt (residency condition)
Partial exemption (work condition)
Exempt (residency condition0
Partial exemption (work condition)
7. Ship Inspectors
Exempt
Exempt (unless red list arrival)
Exempt
Exempt (residency condition)
Partial exemption (work condition)
Exempt (residency condition)
Partial exemption (work condition)
8. Air crew
Exempt
Exempt (unless red list arrival)
Exempt
Exempt
Exempt
9. Transit passenger
Certain categories exempt, conditions apply
Not exempt
Exempt
Exempt
Exempt
10. Road haulage worker
Exempt
Exempt (unless red list arrival)
Exempt
Exempt
Exempt
11. Civil aviation inspectors
Not exempt
Exempt (unless red list arrival)
Exempt
Exempt
Not exempt
14. Official repatriating prisoner
Not exempt
Not exempt
Exempt
Exempt
Exempt
15. Official escorting extradition subject
Not exempt
Not exempt
Exempt
Exempt
Exempt
16. Foreign official collecting extradition subject
Not exempt
Not exempt
Exempt
Exempt
Exempt
2
In Part 2 (Definition of persons who are exempt, conditions, limitations of exemption and savings)—
a
after paragraph 7(1) insert—
1A
Where P is a person described in paragraph 1(a), (b), (h) or (k), P is not required to comply with regulation 10.
b
in paragraph 9(2) omit—
if—
a
P satisfies sub-paragraph (1),
b
the Foreign, Commonwealth and Development Office has been notified of F’s arrival, and
c
the Foreign, Commonwealth and Development Office has confirmed in writing that F is not required to comply with regulation 14 and Schedule 7.
c
After paragraph 21A insert—
Condition for exemption from requirement to provide information
21AA
Where P is a person described in paragraph 21(a) or (b)(i), P is not required to comply with regulation 4 provided that person does not pass through immigration control.
Amendment of the Operator Liability RegulationsI1111
The Operator Liability Regulations are amended in accordance with regulations 12 to 13.
Amendment of regulation 2 (Interpretation)I1212
In regulation 2, in the definition of “required negative notification”, for “Covid” substitute “COVID”
.
Amendment of regulation 4A (Requirement to check vaccination status)I1313
In regulation 4A, in sub-paragraph (2)(a)—
a
for “2(d) or (e)” substitute “2(d)”
;
b
for “4(b) or (d)” substitute “4(b)”
.
Sealed with the Official Seal of the Department of Health on 19th November 2021
(This note is not part of the Regulations)