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;]

[F2 “day 2 LFD test” means a test for coronavirus which complies with, and is undertaken in the circumstances described in Schedule;]

“Department” means the Department of Health,

[F3 “eligible”, in relation to a non-red list arrival, is to be read in accordance with regulation 3A(2),]

“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 ,

[F4 “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),]

[F3 “non-eligible”, in relation to a non-red list arrival, is to be read in accordance with regulation 3A(3),]

[F3 “non-red list arrival” and “non-red list country” have the meanings given by regulation 3,]

“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).

[F3 “red list arrival” and “red list country” have the meanings given by regulation 3,]

(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.

[F5 (4) For the purposes of these Regulations an LFD is a device—

(a) that can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002,

(b) has been validated no more than 18 months before being used by or on a person,

(c) has been confirmed as having the required sensitivity and specificity using at least 150 positive clinical samples and 250 negative clinical samples against a laboratory based RT-PCR test that is itself within the performance specification of the target product profile published by the Medicines and Healthcare Products Regulatory Agency for laboratory based SARS-CoV-2 PCR tests, by—

(i) the Secretary of State, or

(ii) a laboratory which is accredited to ISO standard 15189 or ISO/IEC standard 17025 by the United Kingdom Accreditation Service (“UKAS”) or an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation (“ILAC”) Mutual Recognition Arrangement or the European Co-operation for Accreditation (“EA”) Multilateral Agreement, other than a laboratory which processes tests provided by the test provider for the purposes of these Regulations or is owned by the person carrying out an LFD test or the device manufacturer, or

(d) a laboratory which is accredited by UKAS to ISO standard 15189 or ISO/TEC standard 17025, other than a laboratory which processes LFD tests for the purposes of these Regulations or is owned by the person carrying out that test or the device manufacturer.]

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) inserted (31.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (2021 Consolidation) (Amendment No. 8) Regulations (Northern Ireland) 2021 (S.R. 2021/293), regs. 1(2), 3(2) (with reg. 1(4))

F3 Words in reg. 2(1) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 3 (with reg. 1(4))

F4 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)

F5 Reg. 2(4) inserted (31.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (2021 Consolidation) (Amendment No. 8) Regulations (Northern Ireland) 2021 (S.R. 2021/293), regs. 1(2), 3(3) (with reg. 1(4))

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: [F6 red list and non-red 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),

[F7 “non-red list country” means a country or territory which is not a red list country and not in the common travel area,]

F8 ...

F8 ...

F8 ...

“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)

F9 ... 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,

[F10 “non-red list arrival” means a person who—

(a)

has 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 not a red list arrival.]

F11 ...

F11 ...

(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

F6 Words in reg. 3 heading substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 4(2) (with reg. 1(4))

F7 Words in reg. 3(1) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 4(3)(a) (with reg. 1(4))

F8 Words in reg. 3(1) omitted (4.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 4(3)(b) (with reg. 1(4))

F9 Word in reg. 3(2) omitted (4.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 4(4)(a) (with reg. 1(4))

F10 Words in reg. 3(2) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 4(4)(b) (with reg. 1(4))

F11 Words in reg. 3(2) omitted (4.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 4(4)(c) (with reg. 1(4))

Marginal Citations

M4 1971 c. 77

[F12 [F13 “Eligible” and “non-eligible” non-red list arrivals] N.I.

3A.—F14 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F15 A person (P) who is a non-red list arrival is an “eligible” arrival for the purposes of these Regulations if] P meets the criteria set out in Schedule 2B.

[F16 (3) A person who is a non-red list arrival is a “non-eligible” arrival for the purposes of these Regulations if that person is not an eligible arrival (within the meaning given by paragraph (2)).]]

Textual Amendments

F12 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)

F13 Reg. 3A heading substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 5(2) (with reg. 1(4))

F14 Reg. 3A(1) omitted (4.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 5(3) (with reg. 1(4))

F15 Words in reg. 3A(2) substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 5(4) (with reg. 1(4))

F16 Reg. 3A(3) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 5(5) (with reg. 1(4))