The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021

PART 1 N.I. General

Citation and commencement N.I.

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021.

(2) These Regulations come into operation at 4 a.m. on 16th April 2021.

Interpretation N.I.

2.—(1) In these Regulations—

“child” means a person under the age of 18,

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),

“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus),

[F1 “cruise ship” means a vessel, certified to carry more than 200 passengers, engaged on a voyage primarily for leisure or recreation during which passengers stay overnight on board for at least two nights;]

“Department” means the Department of Health,

“government department” means—

(a)

a United Kingdom Government Department,

(b)

Northern Ireland department,

(c)

a part of the Scottish Administration,

(d)

the Welsh Government,

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 M1 ,

[F2 “isolation” means, as the context requires—

(a)

self-isolation (see regulations 10 to 13, and Schedule 6 where it applies),

(b)

self-isolation in respect of workforce tests (see Schedule 6A), or

(c)

managed isolation (see regulations 14 and 15, Schedule 7 and Schedule 6 where it applies),]

“passenger information” has the meaning given in regulation 4(2) together with Schedule 3,

“Passenger Locator Form” means the form published electronically by the United Kingdom Government, and as may be from time to time amended, for the provision of passenger information, and unless the context otherwise requires, a reference to a Passenger Locator Form includes a reference to a Passenger Locator Form completed in accordance with an enactment in Scotland, Wales or England M2 ,

“qualifying test” means a test that is a qualifying test for the purposes of regulation 6 (and see in particular paragraph 1 of Schedule 5).

(2) For the purposes of these Regulations, an individual has responsibility for a child if the individual—

(a) has custody or charge of the child for the time being, or

(b) has parental responsibility for the child within the meaning of the Children (Northern Ireland) Order 1995 M3 .

(3) In these Regulations any reference to infection or contamination is a reference to infection or contamination with coronavirus which presents or could present significant harm to human health.

Textual Amendments

F1 Words in reg. 2(1) inserted (22.9.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 6) Regulations (Northern Ireland) 2021 (S.R. 2021/262), regs. 1(2), 3

F2 Words in reg. 2(1) substituted (2.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 4) Regulations (Northern Ireland) 2021 (S.R. 2021/225), regs. 1(2), 2 (with reg. 11)

Marginal Citations

M1 1971 c. 77. Paragraph 1 was amended by paragraph 3 of Schedule 3 to the Health Protection Agency Act 2004 (c. 17), and by S.I. 1993/1813

M2 The Passenger Locator Form is available on www.gov.uk. No hard copy version is available but, where a person arrives at a place staffed by Immigration Officers, they will be provided with the ability to complete the form electronically on their arrival in Northern Ireland if not completed in advance; assistance will be available for completion of the electronic form if required

M3 S.I. 1995/755 (N.I. 2)

Interpretation: red, amber [F3 , amber plus] and green list countries and arrivals N.I.

3.—(1) In these Regulations—

“red list country” means a country or territory listed in Schedule 1 (red list countries),

“amber list country” means a country or territory which is not a green list country, not a red list country and not in the common travel area,

[F4 “amber plus list country” means a country or territory, or part of a country or territory listed in Schedule 2A (amber plus list countries),]

“green list country” means a country, territory, or part of a country or territory listed in Schedule 2 (green list countries – exempt countries, territories or parts of countries or territories),

“the common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M4 (the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland).

(2) In these Regulations—

“red list arrival” means a person who has—

(a)

arrived in Northern Ireland, and

(b)

has arrived in, departed from or transited through a red list country at any time in the period beginning with the 10th day before the date of their arrival in Northern Ireland,

“amber list arrival” means a person who has—

(a)

arrived in Northern Ireland,

(b)

has been outside the common travel area at any time in the period beginning with the 10th day before the date of their arrival in Northern Ireland, and

(c)

is neither a red list arrival nor a green list arrival,

“green list arrival” means a person who has—

(a)

arrived in Northern Ireland,

(b)

has been outside the common travel area at any time in the period beginning with the 10th day before the date of their arrival in Northern Ireland, and

(c)

whilst outside the common travel area in that period, has only been in a green list country.

(3) For the purposes of these Regulations, a person (P) is not treated as arriving in, departing from or transiting through a country or territory, or part of a country or territory, if, at all times whilst in that country, territory or part of that country or territory—

(a) P remains on a conveyance and no other passenger is permitted to be taken on board, or

(b) P is kept separated from passengers who did not arrive on the same conveyance as P, and no such passengers are permitted to be taken on board the conveyance on which P leaves that country, territory or part.

Textual Amendments

F3 Words in reg. 3(1) heading inserted (2.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 4) Regulations (Northern Ireland) 2021 (S.R. 2021/225), regs. 1(2), 3(1)(a) (with reg. 11)

F4 Words in reg. 3(1) inserted (2.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 4) Regulations (Northern Ireland) 2021 (S.R. 2021/225), regs. 1(2), 3(1)(b) (with reg. 11)

Marginal Citations

M4 1971 c. 77

[F5 Fully vaccinated amber list arrivals N.I.

3A.— (1) A person (P) who is a fully vaccinated amber list arrival, and has not been in an amber plus list country in the 10 days prior to arriving in Northern Ireland, is to be treated as a green list arrival for the purposes of these Regulations.

(2) P is fully vaccinated, for the purposes of falling within the definition of fully vaccinated amber list arrival, if P meets the criteria set out in Schedule 2B.]

Textual Amendments

F5 Reg. 3A inserted (2.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 4) Regulations (Northern Ireland) 2021 (S.R. 2021/225), regs. 1(2), 4(1) (with reg. 11)