PART 3Prohibition on the arrival of aircraft and vessels into Northern Ireland

Interpretation of Part 316

1

In this Part—

  • “operator” means—

    1. a

      in relation to a commercially operated aircraft or vessel, the person who has management control over the aircraft or vessel when it arrives in Northern Ireland,

    2. b

      in relation to any other aircraft or vessel, the person who has physical control over the aircraft or vessel when it arrives in Northern Ireland,

  • “passenger” means a person carried in or on an aircraft or vessel other than a member of the aircraft's or vessel's crew,

  • “port” has the same meaning as in the Merchant Shipping Act 1995 M1.

2

In the definition of “operator” in paragraph (1), “arrives” means—

a

in relation to an aircraft, lands,

b

in relation to a vessel, moors at a port.

Prohibition on arrival of aircraft into Northern Ireland17

1

Subject to paragraph (2), this regulation applies in relation to an aircraft whose last point of departure was in a country or territory listed in paragraph 1 of Schedule 8 (“a relevant aircraft”).

2

This regulation does not apply in relation to—

a

a commercially operated aircraft carrying no passengers,

b

an aircraft operated by or in support of Her Majesty's Government in the United Kingdom,

c

an aircraft operated by or in support of a foreign country or territory where, prior to its arrival in Northern Ireland, a United Kingdom Government Department has provided written confirmation to the operator that the aircraft is carrying passengers who are travelling to conduct official business within the United Kingdom.

3

The operator must not cause or permit a relevant aircraft to land in Northern Ireland unless—

a

landing in Northern Ireland is reasonably necessary to secure the safety of the aircraft or the health and safety of any person aboard it,

b

the landing is only for the purposes or refuelling or aircraft maintenance, and no passengers are permitted to board, or disembark from, the aircraft, or

c

the aircraft is an air ambulance and landing for the purposes of transporting a person for medical treatment.

F14

Regulation 7(2)(c) of the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021 does not apply in the period starting at 4.00 p.m. on 26th November 2021 and ending on 4.00 a.m. on 28th November 2021.

Prohibition on arrival of vessels into Northern Ireland18

1

Subject to paragraph (2), this regulation applies in relation to a vessel whose last point of departure was a port in a country or territory listed in paragraph 2 of Schedule 8 (“a relevant vessel”).

2

This regulation does not apply in relation to—

a

a commercially operated vessel carrying no passengers,

b

a vessel operated by or in support of Her Majesty's Government in the United Kingdom,

c

a vessel operated by or in support of a foreign country or territory where, prior to its arrival in Northern Ireland, a United Kingdom Government Department has provided written confirmation to the operator that the vessel is carrying passengers who are travelling to conduct official business within the United Kingdom.

3

An operator must not cause or permit a relevant vessel to moor at a port in Northern Ireland unless mooring at a port in Northern Ireland—

a

is reasonably necessary to secure the safety of the vessel or health and safety of any person aboard it, or

b

is otherwise required pursuant to a direction issued under Schedule 3A to the Merchant Shipping Act 1995.