xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

Regulation 14

SCHEDULE 7N.I.Managed isolation

Managed isolation packageN.I.

1.—[F1(1)] In this Schedule, a “managed isolation package” means—N.I.

(a)a booking for a place in accommodation designated by the Department for the purposes of this Schedule [F2or, if paragraph 1A applies, arrangements to stay in a private residence or other place where P is able to self-isolate (“arranged accommodation”)],

(b)a booking for transport facilitated by the Department to that accommodation, and

(c)a testing package required by regulation 8

[F3(2) A reference in this Schedule to the designated accommodation includes a reference to arranged accommodation referred to in sub-paragraph (1)(a).]

Textual Amendments

[F41A.  This paragraph applies where P arrives in Northern Ireland between 4.00 p.m. on 26th November 2021 and 4 a.m. on 28th November 2021—N.I.

(a)from a red list country or territory, or

(b)having at any time in the period beginning with the 10th day before the date of P’s arrival in Northern Ireland departed from or transited through a red list country or territory.]

Textual Amendments

Limitation on ports of entryN.I.

2.—(1) P may only enter Northern Ireland at a port designated for the purposes of this Schedule.N.I.

(2) If P enters otherwise than at a designated port, this paragraph is satisfied if—

(a)P travels directly to the accommodation set out in the package after entry,

(b)P reaches that accommodation within 2 hours of entry, and

(c)P does not interact with any person (other than a person P is travelling with) on the way to that accommodation.

3.—(1) The following ports are designated for the purposes of this Schedule—N.I.

(a)the relevant area in Belfast International Airport,

(b)the relevant area in Belfast City Airport,

(c)any military airfield or port.

(2) For the purposes of this paragraph “the relevant area” in a port means that part of the port which the Department has determined is the relevant area.

(3) The Department must publish details of its determinations of the relevant area in such manner as appears to the Department appropriate.

Duties on arrivalN.I.

4.  P must, on arrival in Northern Ireland, be in possession of a managed isolation package.N.I.

5.  P must, on arrival in Northern Ireland, travel directly to the accommodation set out in the package, using the means of transport set out in the package (but this is subject to paragraph 2(2)).N.I.

6.  If P is not in possession of a managed isolation package on their arrival in Northern Ireland, P must as soon as practicable obtain a managed isolation package and travel directly to the accommodation set out in the package, using the means of transport set out in the package.N.I.

Charge for managed isolation packageN.I.

7.—(1) The Department may impose a charge in relation to the accommodation, transport and testing package in the managed isolation package.N.I.

(2) The Department [and a person designated by the Department] may recover any sum owed by P in relation to the package as a debt.

Duty to remain in managed isolation and period of isolationN.I.

8.—(1) P must enter into and remain in managed isolation in the place set out in the package until whichever is the later of—N.I.

(a)the end of the period of 10 days beginning with the day after P's arrival in Northern Ireland,

(b)the end of the period for which P is required to isolate under Schedule 6.

(2) Sub-paragraph (1) does not apply if P leaves the common travel area where permitted to do so in accordance with these Regulations.

Exceptions from duty remain in managed isolationN.I.

9.  P is not required to remain in managed isolation—N.I.

(a)from any person with whom they were travelling when they arrived in Northern Ireland and who is also isolating in the place where P is isolating,

(b)from any person who is staying in the place where P is isolating whose assistance P reasonably requires by reason of—

(i)P being a child, or

(ii)any disability of P's,

10.  P is not required to remain in managed isolation from a person (V) when V is at the place where P is isolating in exceptional circumstances, such as—N.I.

(a)to provide emergency assistance,

(b)to provide care or assistance, including personal care within the meaning of paragraph 1(1B) or 7(3B) of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007,

(c)to provide medical assistance to P or to any other person who is staying in the place where P is isolating, where this is required urgently or on the advice of a registered medical practitioner,

(d)to provide veterinary services, where this is required urgently or on the advice of a veterinary surgeon,

(e)to provide critical public services, including social services or services provided to victims (such as victims of crime).

Permitted reasons to leave or be outside the place of managed isolationN.I.

11.—(1) During the period of their managed isolation, P may not leave, or be outside, the place where P is isolating, except—N.I.

(a)to travel directly to a port to leave the common travel area, but this is subject to [F5paragraph 4 of Schedule 6] (consequences of positive test result),

(b)to fulfil a legal obligation, including attending court or satisfying bail conditions or to participate in legal proceedings,

(c)to take exercise alone or with the persons referred to in paragraph 9(a),

(d)to visit a person (D) whom P reasonably believes is dying, and where P is a member of D's household or a close family member or friend of D,

(e)to attend the funeral of—

(i)a member of P's household, or

(ii)a close family member,

(f)in other exceptional circumstances, such as—

(i)to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner, including to access services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical or health practitioners, including services relating to mental health,

(ii)to access critical public services, including social services or services provided to victims (such as victims of crime),

(iii)to avoid injury or illness or to escape risk of harm,

(iv)to access veterinary services where this is required urgently or on the advice of a veterinary surgeon.

(2) P may only leave, or be outside, the place where P is isolating in reliance on the grounds mentioned in sub-paragraphs (1)(c), (d) or (e)—

(a)if P has been given prior permission by a person authorised by the Department for this purpose, and

(b)if P complies with any reasonable requirements imposed by the person so authorised in relation to the exercise, the visit to the person or attendance at the funeral.

Textual Amendments

Meaning of “place”N.I.

12.—(1) For the purposes of this Schedule “place” means—N.I.

(a)the room in the designated accommodation where P is staying, and

(b)if connected to the room where P is staying, the room of any person referred to in paragraph 9(a),

including any balcony [F6subject to sub-paragraph (3)].

(2) But “place” does not include the communal areas or any garden, yard, passage, stair, garage, outhouse or appurtenance of the accommodation in which the place is situated.

[F7(3) Where paragraph 1A applies, and P is staying in arranged accommodation, the place referred to in paragraphs 1 to 11 is to be treated as including bathroom and toilet facilities where those facilities are not included in the room in the arranged accommodation in which P is staying.]

Textual Amendments

DesignationsN.I.

13.  The Department must designate, for the purposes of this Schedule—N.I.

(a)accommodation,

(b)transportation to the designated accommodation,

and must publish details of the designations in such manner as appears to the Department appropriate.

Duties where P is a childN.I.

14.  If P is a child—N.I.

(a)any person who has custody or charge of P when P is travelling to Northern Ireland must ensure, so far as is reasonably practicable, that P complies with the obligations in paragraphs 4, 5 and 6,

(b)any person who has custody or charge of P during P's period of managed isolation must ensure, so far as is reasonably practicable, that P isolates in accordance with this Schedule.

Person caring for PN.I.

15.  A person may reside in the place where P is residing in accordance with this Schedule in order to provide assistance to P, where P reasonably requires that assistance by reason of—N.I.

(a)P being a child, or

(b)any disability of P's

and paragraphs 8 to 11 apply to that person as they apply to P for the period that those paragraphs apply to P.

Duty to provide evidence of possession of managed isolation packageN.I.

16.  A person who is obliged to possess a managed isolation package must provide evidence of it if requested by an immigration officer or constable.N.I.

Modification of application of this Schedule where P is a relevant personN.I.

17.—(1) Where P is a relevant person (see paragraphs 18 to [F822] ), this Schedule applies to P with the following modifications—N.I.

(a)the reference in paragraph 5 to the means of transport designated in the managed isolation package booked for P are to be read as references to transport determined by the Department,

(b)the references in paragraphs 5, 7 and 8 to a managed isolation package are to be read as references to a managed isolation package containing such provisions as to accommodation, transport and testing as the Department considers appropriate,

(c)paragraph 6 does not apply to P.

Textual Amendments

18.  P is a relevant person if—N.I.

(a)P is—

(i)a person requiring urgent medical assistance,

(ii)a person on immigration bail,

(iii)a person who has been detained by an immigration officer,

(iv)a person who has been refused leave to enter the UK,

(v)an illegal entrant,

(vi)an asylum seeker,

(vii)a person who is in police custody,

(viii)an unaccompanied child, where it is not reasonable for a person with responsibility for P to reside with the child in accommodation designated by the Department for the purposes of this Schedule,

(ix)a prisoner,

(x)a potential victim of modern slavery; and

(b)the Department has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

19.—(1) P is a relevant person if—N.I.

(a)P is, or was on the 1st September 2020, a child,

(b)P travels to the UK for the purposes of receiving education at a boarding school in Northern Ireland at which education and accommodation is due to be provided for P,

(c)P is not accompanied into the UK by an individual who has responsibility for P, or if P is aged 18, would have had such responsibility if P were a child, and

(d)the Department has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(2) In this paragraph—

“boarding school” means a school which—

(a)

provides accommodation for its pupils on its own premises, or

(b)

arranges accommodation for its pupils to be provided elsewhere (other than in connection with a residential trip away from the school).

“school” has the meaning given in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 M1.

Marginal Citations

20.—(1) P is a relevant person if—N.I.

(a)P is vulnerable as a result of a severe medical or health condition,

(b)P would not receive appropriate support in designated accommodation and that condition would be severely detrimentally impacted if P were required to isolate in such accommodation,

(c)P has provided evidence from a suitably qualified or registered medical practitioner of [F9—

(i)the severe medical or health condition that P has;

(ii)the support reasonably needed by P to manage P’s medical or health condition if required to isolate in designated accommodation; and

(iii)the probable impact to P’s health if P were to be required to isolate in designated accommodation and the support identified as being reasonably needed were not provided], and

(d)the Department has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(2) P is also a relevant person if travelling with a person who is a relevant person by virtue of sub-paragraph (2), where it is necessary for P to care for that relevant person, and where the Department has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

Textual Amendments

21.  P is a relevant person if—N.I.

(a)P needs to visit a person (D) whom P reasonably believes is dying, or where D is severely ill,

(b)P is a member of D's household or a close family member or friend of D,

(c)it would not be reasonably practicable for P to visit D if P were required to isolate in designated accommodation, and

(d)the Department has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

[F1022.—(1) P is a relevant person if—N.I.

(a)P travels to Northern Ireland for the purposes of receiving education at a University in Northern Ireland at which education and accommodation are due to be provided for P,

(b)P is not accompanied into the UK by an individual who has responsibility for P, or if P is aged 18, would have had such responsibility if P were a child, and

(c)the Department has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(2) In this paragraph—

“University” includes a university college and any college, or institution in the nature of a college, in a university as defined in Art 30 (3) of the Education and Libraries (NI) Order 1993.]

Textual Amendments