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

[F1 Persons on official business N.I.

Textual Amendments

F1 Sch. 4 substituted (13.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 3) Regulations (Northern Ireland) 2022 (S.R. 2022/46), reg. 1(3), Sch. (with reg. 1(4))

Description N.I.

9.   A person who satisfies paragraph 10(1),(2), (3) or (4).

10.— (1) A—

(a) person, other than a person described in sub-paragraph (5), who is a sovereign or other Head of State who enjoys immunities and privileges by virtue of the State Immunity Act 1978, or

(b) member of the family forming part of the household of a person falling within paragraph (a).

(2) A person (“P”) described in paragraph (a) of sub-paragraph (5) who meets the conditions set out in sub-paragraph (6).

(3) A person (“P”) who is travelling to the United Kingdom to conduct official business who—

(a) if P is described in paragraph (b) to (e) of sub-paragraph (5), meets the conditions set out in sub-paragraph (7),

(b) if P is described in paragraph (f) of sub-paragraph (5), meets the conditions set out in sub-paragraph (8).

(4) A person (“P”) described in paragraphs (f) to (h) of sub-paragraph (5) who is travelling to the United Kingdom to conduct official business with the United Kingdom and meets the conditions set out in sub-paragraph (9).

(5) A person who—

(a) enjoys relevant immunities and privileges in the United Kingdom and is not described in sub-paragraph (1);

(b) is an officer or servant of an international organisation;

(c) is employed by an international organisation as an expert or on a mission;

(d) is a representative to an international organisation;

(e) is a member of the official staff of a representative to an international organisation;

(f) is a representative of a foreign country or territory;

(g) is a representative of the government of a British overseas territory;

(h) is a specified person.

(6) The conditions referred to in sub-paragraph (2) are that—

(a) the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is travelling to the United Kingdom, the office held by P, the capacity in which P is travelling to the United Kingdom and that the person considers that one or more of the relevant provisions does not apply to P, and

(b) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person referred to in paragraph (a) that it considers P to fall within the description in sub-paragraph (5)(a) and that one or more of the relevant provisions do not apply to P.

(7) The conditions referred to in sub-paragraph (3)(a) are that—

(a) the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work and that P cannot reasonably undertake the relevant work while complying with one or more of the relevant provisions, and

(b) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person referred to in paragraph (a) that it considers P to be travelling to the United Kingdom to conduct the relevant work and that P cannot reasonably undertake the work while complying with one or more of the relevant provisions.

(8) The conditions referred to in sub-paragraph (3)(b) are that—

(a) the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that—

(i) P is required to undertake relevant work relating to—

(aa) essential maintenance and repair of an information technology or security system necessary for the functioning of a mission or consular post in the United Kingdom which represents the relevant foreign country, or

(bb) the holding of an election or referendum in accordance with the laws or regulations of a foreign country or territory, and

(ii) P cannot reasonably undertake the relevant work while complying with one or more of the relevant provisions, and

(b) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person referred to in paragraph (a) that it considers P to be travelling to the United Kingdom to conduct the relevant work and that P cannot reasonably undertake the work while complying with one or more of the relevant provisions.

(9) The conditions referred to in sub-paragraph (4) are that—

(a) where P is not a specified person—

(i) the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work and that P cannot reasonably undertake the relevant work while complying with one or more of the relevant provisions, and

(ii) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person referred to in paragraph (a)(i) that P is travelling to the United Kingdom to conduct official business with the United Kingdom and that P cannot reasonably undertake the work while complying with one or more of the relevant provisions;

(b) where P is a specified person—

(i) P has been invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs; and

(ii) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to P that they are travelling to the United Kingdom to conduct official business with the United Kingdom and cannot reasonably conduct that business while complying with one or more of the relevant provisions.

(10) For the purposes of this paragraph—

(a) “consular courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a consular courier in accordance with Article 35(5) of the Vienna Convention on Consular Relations of 1963;

(b) “consular post” means any consulate-general, consulate, vice-consulate or consular agency;

(c) “diplomatic courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a diplomatic courier in accordance with Article 27(5) of the Vienna Convention on Diplomatic Relations of 1961;

(d) “international organisation” means an international organisation accorded privileges and immunities in the United Kingdom;

(e) “member of a consular post” means a “consular officer”, “consular employee” and “member of the service staff” as defined in Schedule 1 to the Consular Relations Act 1968 and “head of consular post” has the meaning given in that Schedule;

(f) “member of a diplomatic mission” means the “head of the mission”, “members of the diplomatic staff”, “members of the administrative and technical staff” and “members of the service staff” as defined in Schedule 1 to the Diplomatic Privileges Act 1964;

(g) “relevant immunities and privileges” means inviolability, immunity from arrest or detention, or any immunity or privilege with equivalent effect which is accorded to any person under the law of Northern Ireland;

(h) “relevant provisions” means—

(i) regulation 4 (requirement to provide information);

(ii) regulation 6 (requirement to possess notification of negative test result);

(iii) regulation 8 (requirement to book and undertake tests);

(iv) regulation 14 (requirement to comply with managed isolation);

(i) “relevant work” means—

(i) where P is a person described in sub-paragraph (5)(b), (c), (d) or (e), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the functioning of the relevant international organisation;

(ii) where P is a person described in sub-paragraph (5)(f), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the foreign country represented by the relevant mission or consular post in the United Kingdom or the foreign territory represented by the relevant office in the United Kingdom (as the case may be);

(iii) where P is a person described in sub-paragraph (5)(g), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the relevant British overseas territory;

(j) “specified person” means a person who is a member of the democratic opposition in a foreign country or territory, a member of a political party in a foreign country or territory, or who undertakes activities in a foreign country or territory that support government policy related to national security, the promotion and protection of human rights, the mitigation of, or adaptation to, climate change, the maintenance of international peace and security, or the maintaining or enhancing of biodiversity;

(k) “stipulated person” means—

(i) where P is a person described in sub-paragraph (5)(a), the head of the relevant international organisation, the relevant head of the mission or head of consular post in the United Kingdom or the relevant head of the office representing a foreign territory in the United Kingdom (as the case may be);

(ii) where P is a person described in sub-paragraph (5)(b), (c), (d) or (e), the head of the relevant international organisation;

(iii) where P is a person described in paragraph (5)(f), the relevant head of the mission or head of consular post in the United Kingdom or the relevant head of the office representing a foreign territory in the United Kingdom (as the case may be);

(iv) where P is a person described in paragraph (5)(g), the relevant Governor of a British overseas territory.

11.   This entry is without prejudice to any immunity from jurisdiction or inviolability which is accorded to any person under the law of Northern Ireland apart from these Regulations.

Condition N.I.

12.— (1) This paragraph sets out the condition for exemption from regulations 4, 6, 8 and 14 for a person described in paragraph 10(2), (3) and (4).

(2) The condition is that the Foreign, Commonwealth and Development Office, has confirmed in writing that the person is not required to comply with regulations 4, 6, 8 and 14.]