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The Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (revoked)

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Statutory Instruments

2020 No. 568

Public Health, England

The Health Protection (Coronavirus, International Travel) (England) Regulations 2020

Made

2nd June 2020

Laid before Parliament

3rd June 2020

Coming into force

8th June 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45B, 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984 M1.

Marginal Citations

M11984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

PART 1E+WGeneral

Citation, commencement and applicationE+W

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 and come into force on 8th June 2020.

(2) These Regulations apply as respects England only.

Commencement Information

I1Reg. 1 in force at 8.6.2020, see reg. 1(1)

InterpretationE+W

2.—(1) In these Regulations—

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

“the common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M2;

“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“device” means an in vitro diagnostic medical device within the meaning given in regulation 2(1) of the Medical Devices Regulations 2002;]

[F2“disability” has the meaning given in the Equality Act 2010 (see section 6 of, and Schedule 1 to, that Act);]

[F3“exempt country or territory” means a country or territory [F4, or part of a country or territory,] specified in Schedule A1 and “non-exempt country or territory” means any other country or territory [F5, or part of a country or territory,] outside the common travel area;]

“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 M3;

[F6“managed self-isolation package” has the meaning given in paragraph 8 of Schedule B1A;]

“passenger information” has the meaning given in regulation 3(1);

“Passenger Locator Form” means the form published electronically by the Secretary of State for the provision of passenger information M4;

[F7“port”, except where the context otherwise requires, means—

(a)

any port (including a seaport, airport or heliport), or

(b)

a place which is an authorised terminal control point for international services for the purposes of sections 11 and 12 of the Channel Tunnel Act 1987;]

[F8“qualifying test” means a test that is a qualifying test for the purposes of regulation 3A;]

“self-isolate” has the meaning given in regulation 4(2), and “self-isolation” and “self-isolating” are to be construed accordingly;

[F9“sensitivity”, in relation to a device, means how often the device correctly generates a positive result;

“specificity”, in relation to a device, means how often the device correctly generates a negative result.]

(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 given in section 3 of the Children Act 1989 M5.

[F10(3) For the purposes of these Regulations, a person (“P”) is not treated as departing from or transiting through a country or territory [F11, or part of a country or territory, if, at all times whilst in that country, territory or part thereof]—

(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 [F12country, territory, or part].]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M2Section 1(3) provides that the United Kingdom, the Channel Islands, the Isle of Man, and the Republic of Ireland are collectively referred to in that Act as “the common travel area”.

M31971 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.

M4The Passenger Locator Form is available on www.gov.uk. No hard copy version is generally 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 England if not completed in advance; assistance will be available for completion of the electronic form if required.

PART 2E+WObligations on persons arriving in England and others

Requirement to provide informationE+W

3.—(1) A person who arrives in England from outside the common travel area must, subject to paragraph (2), provide on the Passenger Locator Form the information set out in Schedule 1 (“passenger information”) on their arrival.

(2) A person who presents at immigration control at the Channel Tunnel shuttle terminal area in France M6, with the intention of boarding a shuttle service destined for the United Kingdom, must provide on the Passenger Locator Form their passenger information on so presenting.

(3) Subject to paragraph (4), a person who arrives in England from within the common travel area who has been outside the common travel area at any time in the period beginning with the [F1310th] day before the date of their arrival in England must provide on the Passenger Locator Form their passenger information on their arrival.

(4) Paragraph (3) does not apply to a person described in that paragraph who arrives in England from Scotland, Wales or Northern Ireland and who has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland, [F14specifying—

(a)in the case of a person who is required to comply with regulation 4, an address in England where that person intends to self-isolate, or

(b)in the case of any other person, an address in England where that person intends to stay during the period of [F1510] days beginning on the day after the date of their arrival in the United Kingdom].

(5) A person who is travelling with a child for whom they have responsibility, must ensure that passenger information is provided in relation to that child on the Passenger Locator Form—

(a)on their arrival in England, in the case of a person described in paragraph (1) or (3), or

(b)when they present at immigration control, in the case of a person described in paragraph (2).

(6) If a person described in any of paragraphs (1) to (3) provides their passenger information, and any passenger information required by virtue of paragraph (5), on the Passenger Locator Form in the 48 hours before they are required to do so, then they are treated as having complied with those paragraphs (as applicable).

(7) A person who has provided passenger information in advance in accordance with paragraph (6) must provide evidence that they have done so if requested by an immigration officer.

(8) If passenger information changes or becomes available to a person required to self-isolate during that person's period of self-isolation in England that person must, as soon as reasonably possible take all reasonable steps to complete a Passenger Locator Form, or a new Passenger Locator Form, as the case may be.

(9) Nothing in this regulation requires a person to provide any information if that information is not within their possession or control.

[F16(10) The following are not required to comply with this regulation—

(a)a person described in regulation 4(12),

(b)a person described in any of paragraphs 1 to 4 of Schedule 2,

(c)a person described in any of paragraphs 4A to 4F of Schedule 2 who meets the condition in paragraph 4G of that Schedule,

(d)a person described in paragraph 12 of Schedule 2.]

[F17(10A) Paragraph (10) does not apply in relation to a person who has, at any time in the period beginning with the 10th day before the date of their arrival in England, departed from or transited through a country or territory listed in Schedule B1.]

[F18(10B) Paragraph (10A) does not apply to a person described in paragraph 1(1) of Schedule 2.]

(11) For the purposes of this regulation, “shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987 M7.

Textual Amendments

Commencement Information

I3Reg. 3 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M6Article 4(1) of the Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813) has the effect of extending all frontier control enactments to the control zone in France. A “frontier control enactment” is an enactment which contains provision relating to frontier controls and the definition of “frontier controls” in Schedule 1 to that Order includes controls in relation to health. The Public Health (Control of Disease) Act 1984 and these Regulations made under it therefore apply in the control zone.

[F19Requirement to possess notification of negative test resultE+W

3A.—(1) A person who arrives in England having begun their journey outside the common travel area must, subject to paragraph (2), possess on arrival valid notification of a negative result from a qualifying test taken by that person.

(2) A person who presents at immigration control at the Channel Tunnel shuttle terminal area in France, with the intention of boarding a shuttle service destined for the United Kingdom, must, on so presenting, possess valid notification of a negative result from a qualifying test taken by that person.

(3) A person who is travelling with a child aged 11 or over and for whom they have responsibility must—

(a)on their arrival in England, in the case of a person described in paragraph (1), or

(b)when they present at immigration control, in the case of a person described in paragraph (2),

possess valid notification of a negative result from a qualifying test taken by that child.

(4) A person who possesses valid notification of a negative result from a qualifying test must produce that notification, physically or digitally, if requested to do so by an immigration officer.

(5) The following persons are not required to comply with this regulation—

(a)a child who is under the age of 11,

(b)a person described in paragraph 2, 3, 4, 4B, 4C, 4D, 4E, 4F, 6, 11, 12 or 29 of Schedule 2,

(c)a person described in any sub-paragraph of paragraph 3(1) of Schedule 2B.

(6) For the purposes of this regulation—

(a)a test is a qualifying test if it complies with paragraph 1 of Schedule 2B,

(b)a notification of a negative result is valid if it includes the information specified in paragraph 2 of Schedule 2B,

(c)a child is to be treated as possessing valid notification of a negative result from a qualifying test taken by that child even if that notification is possessed by a person who is travelling with, and has responsibility for, that child,

(d)“shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987.]

Textual Amendments

[F20Requirement to book and undertake testsE+W

3B.—[F21(1) Subject to paragraph 13 (exclusion for certain diplomatic etc. personnel) of Schedule 2C, this regulation applies to a person (“P”) who—

(a)is required to self-isolate under—

(i)regulation 4 (requirement to self-isolate) unless that person is also a relevant person [F22or a person described in paragraph 38 (seasonal agricultural workers) of Schedule 2]; or

(ii)Schedule B1A (additional measures), or

(b)is not required to self-isolate under regulation 4 only by virtue of any of the following provisions of Schedule 2—

(i)paragraph 13(1)(c) (persons returning to facilitate diplomatic mission etc.);

(ii)paragraph 25 (postal workers).

(1A) For the purposes of paragraph (1)(a)(i), a person who is required to self-isolate under regulation 4 is also a relevant person if they—

(a)may, by virtue of paragraph (13)(d)(ii), (13)(e)(ii) or (13)(f) of that regulation, temporarily cease self-isolating (for work etc.); and

(b)are not a person described in paragraph 17, 17A, 18, 19, 20, 21, 23, 24, 26, 27, 31, 32, 33, 34, 35 or 36 of Schedule 2.]

(2) Where P is an adult, P must on their arrival in England possess a testing package—

(a)for themselves, and

(b)for any child age 5 or older with whom they are travelling and for whom they have responsibility.

(3) Where P is an adult who arrives in England without possessing a testing package required under paragraph (2), P must as soon as practicable obtain such a testing package.

(4) Where P is a child age 5 or older and who is unaccompanied by an adult who has responsibility for P, an adult with responsibility for P must obtain a testing package as soon as practicable after P arrives in England.

(5) Subject to paragraph (6), where P—

(a)is an adult, they must undertake the tests in accordance with their testing package;

(b)is a child, an adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the tests in accordance with the testing package.

(6) Where P’s day 2 test generates a positive result, P is not required to undertake a day 8 test.

(7) Where P does not undertake a test as required by this regulation by reason of a reasonable excuse (see regulation 6(1C)(b)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a test (“a replacement test”) complying with the requirements that apply to the test that was missed.

(8) Where a replacement test is undertaken instead of—

(a)a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation;

(b)a day 8 test, P is to be treated as if they had undertaken a day 8 test in accordance with this regulation.

(9) Schedule 2C makes further provision about day 2 and day 8 tests (including the consequences of testing).

(10) A person who possesses a testing package must provide evidence of it if requested by an immigration officer [F23or a constable].

(11) In this regulation—

(a)“day 2 test” means a test which complies with paragraph 6 of Schedule 2C and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(b)“day 8 test” means a test which complies with paragraph 8 of Schedule 2C and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(c)“testing package” means a booking for a day 2 test and a day 8 test where both tests are provided, or arranged to be provided, by the same test provider.]

Textual Amendments

Requirement to self-isolateE+W

4.—(1) This regulation applies where a person (“P”)—

(a)arrives in England from [F24a non-exempt country or territory] [F25and where sub-paragraph (d) does not apply to P], or

(b)arrives in England from within the common travel area [F26or from an exempt country or territory], and has at any time in the period beginning with the [F2710th] day before the date of their arrival in England, [F28departed from or transited through a non-exempt country or territory] [F29and where sub-paragraph (d) does not apply to P] [F30, or]

F31(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32(d)is a person to whom Schedule B1A applies.]

(2) P must remain in isolation from others (“self-isolate”) in accordance with this regulation [F33, Schedule 2C, and if paragraph (1)(d) applies to P, in accordance with Schedule B1A].

(3) P must self-isolate—

(a)unless sub-paragraph (b), [F34(c) or (e)] applies—

(i)in the case of a person [F35who has arrived from outside the common travel area], at an address specified in P's Passenger Locator Form F36..., as required by regulation 3 and paragraph 2(a) of Schedule 1,

(ii)in the case of a person [F37who has arrived from within the common travel area], or a person described in paragraph 1 of Schedule 2 (other than one described in paragraph (13)(a)(i)), at a place at which they intend to self-isolate while in England,

(iii)where it is not possible for P to self-isolate in accordance with paragraph (i) or (ii), in accommodation facilitated by the Secretary of State for the purposes of P's self-isolation,

(b)where P is an asylum seeker, in accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999 M8,

(c)where P is a person described in paragraph 9(1) of Schedule 10 to the Immigration Act 2016 (powers of Secretary of State to enable person to meet bail conditions), in accommodation provided or arranged under that paragraph [F38, or]

F39(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40(e)where P is a person described in paragraph (1)(d), in accordance with Schedule B1A.]

(4) [F41Where P is required to comply with this regulation [F42and falls within paragraph (1)(a) or (b)], the address specified by P in the Passenger Locator Form pursuant to paragraph 2(a) of Schedule 1] must be—

(a)their home,

(b)the home of a friend or family member, or

(c)a hotel, hostel, bed and breakfast accommodation, or other suitable place.

[F43(4A) Where P is required to comply with this regulation and falls within paragraph (1)(d), the address specified by P in the Passenger Locator Form pursuant to paragraph 2(a) of Schedule 1 must be the designated accommodation which is part of the managed self-isolation package booked by or on behalf of P.]

(5) [F44Except where P falls within paragraph (1)(d)] more than one address may be specified [F45as the place at which P intends to self-isolate] in the Passenger Locator Form where—

(a)a legal obligation requires P to change addresses, or

(b)it is necessary for P to stay overnight at an address on their arrival in England before travelling directly to another address at which they will be self-isolating.

(6) In paragraph (3)(a)(ii) “a place at which they intend to self-isolate while in England” means—

(a)where the person has completed a Passenger Locator Form, at an intended place of self-isolation specified in that form,

(b)where the person has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland, at an intended place of self-isolation specified in that form,

(c)in any other case at a place described in paragraph (4)(a) to (c).

(7) [F46Where P is a person described in paragraph (1)(a) or (b),] P must, on their arrival in England, travel directly to the place at which they are to self-isolate, and must then self-isolate until whichever is the earlier of—

(a)the end of the [F4710th] day after the day on which they [F48arrived in England or, if later, the end of any period that applies by virtue of paragraph 2 or 3 of Schedule 2C], F49...

(b)their departure from England [F50, or

(c)the beginning of the period for which they are required to self-isolate under regulation 2(2)(a)(i) of the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 (after which they are subject to that self-isolation requirement).]

F51(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F52(7B) Paragraphs (8) to (13A) do not apply where P falls within paragraph (1)(d) (and thus Schedule B1A applies).]

(8) Paragraph (2) does not require P to remain in isolation—

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

(b)where P is self-isolating in their home, from any member of their household,

(c)where P is self-isolating in the home of a friend or family member, from any member of the household of that friend or family member [F53,

(d)where P leaves, or is outside of, the place where they are self-isolating in accordance with paragraph (9)(h), from any person (other than a person who is required by paragraph (2) to self-isolate) whose assistance P reasonably requires in order to undertake the test, by reason of —

(i)P being a child, or

(ii)any disability of P's].

[F54(8A) Paragraph (2) does not require P to remain in isolation from a person (“V”) when V is at the place where P is self-isolating—

(a)to provide emergency assistance,

(b)to provide care or assistance, including relevant personal care within the meaning of paragraph 1(1B) or 7(3B) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 F55, to P or to any other person who is living in the place where P is self-isolating,

(c)to provide medical assistance, including to provide any of the services mentioned in paragraph (9)(b), to P or to any other person who is living in the place where P is self-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 those mentioned in paragraph (9)(g)(ii)(aa) and (bb) [F56,

(f)to administer a test to P in accordance with Schedule 2A].]

(9) During the period of their self-isolation, P may not leave, or be outside of, the place where P is self-isolating except—

(a)to travel in order to leave England, provided that they do so directly [F57(subject to paragraph 3(1) of Schedule 2C)],

(b)to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner, including to access [F58services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical or health practitioners, including services relating to mental health],

[F59(ba)to access veterinary services where this is required urgently or on the advice of a veterinary surgeon,]

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

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

(e)on compassionate grounds, including to attend a funeral of—

(i)a member of P's household,

(ii)a close family member, or

(iii)if no-one within paragraph (i) or (ii) are attending, a friend,

(f)to move to a different place for self-isolation specified in the Passenger Locator Form or a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland, or

(g)in exceptional circumstances such as—

(i)to obtain basic necessities such as food and medical supplies for those in the same household (including any pets or animals in the household) where it is not possible to obtain these provisions in any other manner,

(ii)to access critical public services, including—

(aa)social services,

(bb)services provided to victims (such as victims of crime),

(iii)to move to a different place for self-isolation where it becomes impracticable to remain at the address at which they are self-isolating [F60,

(h)for the purposes of, or connected with, undertaking a test in accordance with Schedule 2A [F61or Schedule 2C]].

(10) For the purposes of this regulation, the place referred to in paragraph (3) includes the premises where P is self-isolating together with any garden, yard, passage, stair, garage, outhouse, or other appurtenance of such premises.

(11) If P is a child, any person who has custody or charge of P during P's period of self-isolation must ensure, so far as reasonably practicable, that P self-isolates in accordance with this regulation.

(12) If P is a person described in paragraph (1)(b) who—

(a)has arrived from Wales or Scotland, and

(b)is in England, temporarily, for a reason which would constitute an exception under paragraph (9),

P is not required to comply with this regulation.

(13) If P is a person described—

(a)in paragraph 1(1) of Schedule 2—

(i)where P is a person described in paragraph 1(1)(a) to (k) of, and meets the conditions set out in paragraph 1(2) of, that Schedule, P is not required to comply with this regulation,

(ii)in any other case, paragraph (3)(b) and (c) does not apply to P,

(b)in paragraph 28 of Schedule 2, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 28 [F62of that Schedule],

F63(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in paragraph 38 of Schedule 2—

(i)paragraph (2) does not require P to remain in isolation from any other person who is living or working on the specified farm,

(ii)paragraph (3)(a)(i) applies with the modification that the address specified by P as the address at which they intend to self-isolate must be the specified farm,

where “specified farm” has the meaning given in paragraph 38 of Schedule 2,

[F64(ca)in paragraph 39 of [F65Schedule 2, P satisfies the requirements of paragraph (2) if P complies with the relevant conditions specified in paragraph 39(4) of Schedule 2,]

F66(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F66(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(cd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(ce). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(cf). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(cg). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F68(d)in paragraph 4, 4A, 4B, 4C, 4D, 4E, 6, 11, 14, 15, 16 or 22 of Schedule 2 and is–

(i)ordinarily resident in the United Kingdom, P is not required to comply with this regulation,

(ii)not ordinarily resident in the United Kingdom, P is not required to comply with this regulation while undertaking the work or activity described in the relevant paragraph of that Schedule,

(e)in paragraph 4F of Schedule 2, engaged in work relating to the carriage of passengers by way of the tunnel system and is—

(i)ordinarily resident in the United Kingdom, P is not required to comply with this regulation,

(ii)not ordinarily resident in the United Kingdom, P is not required to comply with this regulation while undertaking that work,

(f)in paragraph 17, 17A, 18, 19, 20, 21, 23, 24, 26, 27, 29, 31, 32, 33, 34, 35, 36, 36A or 46 of Schedule 2, P is not required to comply with this regulation while undertaking the work or activity described in the relevant paragraph of that Schedule,

(g)in any other paragraph of Schedule 2, including paragraph 4F in so far as it relates to work other than the carriage of passengers by way of the tunnel system, P is not required to comply with this regulation.]

[F69(13A) P ceases to be required to comply with this regulation, where P—

(a)has undertaken a test in accordance with Schedule 2A, and

(b)is notified in accordance with paragraph 5(2) of that Schedule that the result of that test is negative,

from the time P is so notified.]

[F70(14) Paragraphs (13) and (13A) do not apply where P is a person who—

(a)is described in paragraph 1(1)(a) to (h) or (k) of F71... Schedule 2; and

(b)arrives in England from a country or territory listed in Schedule B1 or has at any time in the period beginning with the 10th day before the date of their arrival in England departed from or transited through a country or territory listed in Schedule B1.]

F72(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F552006 c. 47. Paragraph 1(1B) of Schedule 4 was inserted by section 64(3) of the Protection of Freedoms Act 2012 (c. 9) and paragraph 7(3B) was substituted by section 66(2) of that Act

Commencement Information

I4Reg. 4 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M81999 c. 33. Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c. 41), by section 10(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), by section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c. 13), and by paragraph 1 of Schedule 11 to the Immigration Act 2016 (c. 19). Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 and by paragraph 29 of Schedule 10 to the Immigration Act 2016

[F73PART 2AE+WProhibition on the arrival of aircraft and vessels into England

Textual Amendments

Interpretation of Part 2AE+W

4A.—(1) In this Part—

“operator” means—

(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 England;

(b)

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

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

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

(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 EnglandE+W

4B.—(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 B2 (“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;

[F74(c)[F75an aircraft] operated by or in support of a foreign country or territory where, prior to its arrival in England, 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 with the United Kingdom.]

(3) An operator must not cause or permit a relevant aircraft to land in England unless—

(a)landing in England 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 purpose of 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 purpose of transporting a person for medical treatment.

Textual Amendments

Prohibition on arrival of vessels into EnglandE+W

4C.—(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 B2 (“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;

[F76(c)a vessel operated by or in support of a foreign country or territory where, prior to its arrival in England, 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 with the United Kingdom.]

(3) An operator must not cause or permit a relevant vessel to moor at a port in England unless mooring at a port in England—

(a)is reasonably necessary to secure the safety of the vessel or the 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.]

Textual Amendments

PART 3E+WEnforcement

Enforcement of requirement to self-isolateE+W

5.—(1) Where an authorised person has reasonable grounds to believe that a person (“P”) has left, or is outside of, the place where P is self-isolating in contravention of regulation 4 [F77, or Schedule B1A or Schedule 2C], the authorised person may—

(a)direct P to return to the place where P is self-isolating,

(b)[F78where the authorised person is a constable,] remove P to the place where P is self-isolating,

(c)where [F79the authorised person is a constable and] it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to accommodation facilitated by the Secretary of State for the purposes of P's self-isolation.

[F80(1A) Where an authorised person has reasonable grounds to believe that P is a person who falls within regulation 4(1)(d), an authorised person may do any of the following for the purpose of ensuring that P complies with the requirements in Schedule B1A (additional measures)—

(a)give a direction to P, including a direction—

(i)that P remain in a particular area of a port to await transportation to accommodation designated for the purposes of Schedule B1A,

(ii)that P move to a particular place to board transportation designated for the purposes of Schedule B1A,

(iii)that P board transportation designated for the purposes of Schedule B1A to travel to accommodation designated for the purposes of Schedule B1A,

(iv)that P remain in the place where P is self-isolating;

(b)remove P to accommodation designated for the purposes of Schedule B1A.

(1B) Where an authorised person has reasonable grounds to believe that P is a person who falls within regulation 4(1)(d) and that P has committed an offence under regulation 6(1)(a) or (3), the authorised person may—

(a)require P to produce their passport or travel document for examination;

(b)detain P for up to three hours;

(c)search P and any baggage belonging to P or under P’s control, or any vehicle in which P has travelled, for evidence, other than items subject to legal privilege, that relates to the possible commission of an offence under regulation 6(3); and

(d)seize and retain any document or article recovered by a search under sub-paragraph (c).

(1C) Paragraph (1B) does not confer a power to detain or search an unaccompanied child.

(1D) Any search under paragraph (1B) must be conducted by an authorised person of the same gender as P.

(1E) Paragraph (1B) does not confer a power to conduct an intimate search.]

(2) [F81Paragraphs (1)(b) and (c), [F82(1A)] and (1B) do] not apply where P is a person described in paragraph 1 of Schedule 2.

(3) [F83An authorised person] exercising the power in paragraph [F84(1)(b) or (c), (1A)(b) or (1B)] may use reasonable force, if necessary, in the exercise of the power.

(4) Where P is a child, and has left or is outside of, the place where they are self-isolating and accompanied by an individual who has responsibility for them—

(a)an authorised person may direct that individual to take P to the place where P is self-isolating, and

(b)that individual must, so far as reasonably practicable, ensure that P complies with any direction given by an authorised person to P.

(5) Where P is a child, and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with regulation 4 [F85or Schedule B1A], the authorised person may direct any individual who has responsibility for P to ensure, so far as reasonably practicable, that P so complies.

(6) An authorised person may only exercise a power in [F86paragraph (1), (1A), (4)] or (5) if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with regulation 4 [F87or Schedule B1A].

(7) For the purposes of this regulation, “authorised person” means—

(a)a constable, F88...

[F89(aa)for the purposes of paragraphs (1A) and (1B) only, an immigration officer, or]

(b)a person designated by the Secretary of State for the purposes of this regulation.

Textual Amendments

Commencement Information

I5Reg. 5 in force at 8.6.2020, see reg. 1(1)

[F90Power of entryE+W

5A.—(1) A constable may enter premises in order—

(a)to search for a person who is suspected of committing an offence of contravening the requirement in paragraph 10 of Schedule B1A (duty to self-isolate);

(b)to remove a person of the description in sub-paragraph (a) to accommodation designated by the Secretary of State for the purposes of Schedule B1A.

(2) The power in paragraph (1) is exercisable if the constable—

(a)has reasonable grounds to believe that a person of the description in paragraph (1)(a) is in or on the premises; and

(b)has a reasonable belief that it is necessary and proportionate to enter the premises for the purposes specified in paragraph (1)(b).

(3) A constable exercising the power in paragraph (1)—

(a)may use reasonable force if necessary; and

(b)may be accompanied by a police community support officer.

(4) A constable exercising the power in paragraph (1)—

(a)if asked by a person on the premises, must show evidence of the constable’s identity and outline the purpose for which the power is being exercised; and

(b)if the premises are unoccupied or the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as when the constable found them.

(5) In this regulation, “premises” includes any building or structure and any land.]

Textual Amendments

Offences and penaltiesE+W

6.—(1) A person who—

(a)without reasonable excuse contravenes a requirement in regulation 3,

[F91(aa)without reasonable excuse contravenes a requirement in regulation 3A,]

[F92(ab)without reasonable excuse contravenes a requirement in regulation 3B,]

[F93(b)without reasonable excuse contravenes a requirement in paragraph 5 or 16(a) of Schedule B1A, or contravenes a requirement in any other paragraph of that Schedule (except paragraph 15) or in regulation 4,]

(c)without reasonable excuse contravenes a requirement in or imposed under regulation 5 [F94apart from paragraph (1A) of that regulation] [F95, or]

[F96(d)without reasonable excuse contravenes a requirement in or imposed under regulation 5(1A)],

commits an offence.

[F97(1A) But a person does not commit an offence where they contravene a requirement [F98in—

(a)regulation 3A, if they reasonably believed at the time of the contravention that the notification of a negative result was valid and from a qualifying test, F99...

(b)regulation 4 in the circumstances described in paragraph (8)(d), (8A)(f), (9)(h) or (13A) of that regulation, if they reasonably believed at the time of the contravention that the test was an appropriate test (within the meaning given in paragraph 2 of Schedule 2A)] [F100, or]

[F101(c)Schedule B1A if the accommodation or transport booked is no longer available for reasons beyond the person’s control].]

[F102(1B) For the purposes of paragraph (1)(aa), reasonable excuses include, in particular, where—

(a)a person was medically unfit to provide a sample for a qualifying test and possessed a document, in English or accompanied by a certified English translation, signed by a medical practitioner entitled to practise in the country or territory in which that practitioner was based, to that effect,

(b)it was not reasonably practicable for a person to obtain a qualifying test due to a disability,

(c)a person required medical treatment with such urgency that obtaining a qualifying test was not reasonably practicable,

(d)a person contracted coronavirus and required emergency medical treatment,

(e)a person was accompanying, in order to provide support, whether medical or otherwise, a person described in sub-paragraph (c) or (d) where it was not reasonably practicable for the accompanying person to obtain a qualifying test,

(f)a person began their journey to England in a country or territory in which a qualifying test was not available to the public, with or without payment, or in which it was not reasonably practicable for a person to obtain a qualifying test due to a lack of reasonable access to a qualifying test or testing facility and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure if this was different to where they began their journey,

(g)the time it has taken a person to travel from the country or territory where they began their journey to the country or territory of their last point of departure prior to arriving in England meant that it was not reasonably practicable for them to meet the requirement in paragraph 1(c) of Schedule 2B, and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure.]

[F103(1C) For the purposes of paragraph (1)(ab)—

(a)reasonable excuses for contravening regulation 3B(2), (3) or (4) include, in particular, where—

(i)it was not reasonably practicable for a person to book a test due to a disability,

(ii)a person reasonably considered before arriving in England that it would not be reasonably practicable for the person (or, as the case may be, the child for whom the person has responsibility) to provide a sample for a test in accordance with regulation 3B due to a disability,

(iii)a person required medical treatment with such urgency that booking a test was not reasonably practicable,

(iv)a person was accompanying, in order to provide support, whether medical or otherwise, a person described in paragraph (i) or (iii) where it was not reasonably practicable for the accompanying person to book a test,

(v)a person began their journey to England in a country or territory in which the person did not have reasonable access to the facilities or services required to book a test, with or without payment, and such facilities or services were not reasonably accessible in their last point of departure if this was different to where they began their journey,

(b)reasonable excuses for contravening regulation 3B(5) include, in particular, where—

(i)it is not reasonably practicable for P to undertake a test due to a disability,

(ii)P requires medical treatment with such urgency that undertaking a test is not reasonably practicable,

(iii)a test is cancelled for reasons beyond P’s control,

(iv)P has left England in accordance with regulation 4(7)(b), or left the common travel area in accordance with or paragraph 13(a) of Schedule B1A.]

(2) A person who, without reasonable excuse, wilfully obstructs any person carrying out a function under these Regulations commits an offence.

(3) A person who intentionally or recklessly provides false or misleading passenger information commits an offence.

[F104(3A) An operator (within the meaning given in regulation 4A) who contravenes regulation 4B(3) or 4C(3) commits an offence.]

(4) An offence under these Regulations is punishable on summary conviction by a fine.

(5) Section 24 of the Police and Criminal Evidence Act 1984 M9 applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—

(a)to maintain public health,

(b)to maintain public order.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M91984 c. 60. Section 24 was substituted by section 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).

Fixed penalty noticesE+W

7.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person has reasonable grounds to believe—

(a)has committed an offence under these Regulations, and

(b)is aged 18 or over.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to an officer designated by the Secretary of State for the purposes of this regulation (“the designated officer”) specified in the notice.

(3) Where a person is issued with a notice under this regulation in respect of an offence—

(a)no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice,

(b)the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(4) A fixed penalty notice must—

(a)give reasonably detailed particulars of the circumstances alleged to constitute the offence,

(b)state the period during which (because of paragraph (3)(a)) proceedings will not be taken for the offence,

(c)specify the amount of the fixed penalty,

(d)state the name and address of the person to whom the fixed penalty may be paid, and

(e)specify permissible methods of payment.

(5) Where the fixed penalty notice is issued in respect of an offence described in regulation [F1056(1)(c)], [F106except in so far as it relates to Schedule B1A,] or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 4 or 5 [F107other than paragraph (1B) and other than in relation to Schedule B1A], then the amount specified under paragraph (4)(c) must be £1,000.

[F108(5A) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(b) [F109other than an offence in respect of a requirement in Schedule B1A (additional measures)], then the amount specified under paragraph (4)(c) must be—

(a)in the case of the first fixed penalty notice, £1,000,

(b)in the case of the second fixed penalty notice, £2,000,

(c)in the case of the third fixed penalty notice, £4,000,

(d)in the case of the fourth and subsequent fixed penalty notice, £10,000.

[F110(5AA) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(b) (for contravention in respect of a requirement in Schedule B1A except under paragraph 3 or 5), or an offence described in regulation 6(1)(c) (for contravention of a requirement in or imposed under regulation 5 in so far as it relates to Schedule B1A or regulation 5(1B)), or regulation 6(1)(d) or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to Schedule B1A, regulation 5 in so far as it relates to that Schedule or regulation 5(1B), then the amount specified under paragraph (4)(c) must be—

(a)in the case of the first fixed penalty notice, £5,000,

(b)in the case of the second fixed penalty notice, £8,000,

(c)in the case of the third and subsequent fixed penalty notice, £10,000.

(5AB) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(b) in respect of the requirement under paragraph 3 of Schedule B1A, or an additional measures offence under regulation 6(3), then the amount specified under paragraph (4)(c) must be £10,000.

(5AC) In paragraph (5AB) “an additional measures offence” means the intentional or reckless provision of false or misleading passenger information relating to the person’s travel history in relation to a country or territory listed in Schedule B1.]

(5B) In determining how many fixed penalty notices a person (“P”) has received for the purposes of paragraph 5A, if P received more than one fixed penalty notice for an offence described in regulation 6(1)(b) of these Regulations before 2nd October 2020, only one of those notices may be taken into account.]

(6) [F111Subject to paragraph (5AB)] where the fixed penalty notice is issued in respect of an offence described in regulation 6(1)(a) or (3), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 3 (an “information offence”), then the amount specified under paragraph (4)(c) must be—

(a)in the case of the first fixed penalty notice issued in respect of an information offence, [F112£500],

(b)in the case of the second fixed penalty notice issued in respect of an information offence, [F113£1,000],

(c)in the case of the third fixed penalty notice issued in respect of an information offence, [F114£2,000],

[F115(d)in the case of the fourth and subsequent fixed penalty notices issued in respect of an information offence, £4,000.]

F116(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F116(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F117(6A) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(aa), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 3A, then the amount specified under paragraph (4)(c) must be—

(a)in the case of the first fixed penalty notice, £500,

(b)in the case of the second fixed penalty notice, £1,000,

(c)in the case of the third fixed penalty notice, £2,000,

(d)in the case of the fourth and subsequent fixed penalty notice, £4,000.]

[F118(6ZB) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(ab), then the amount specified under paragraph (4)(c) must be—

(a)in the case of a fixed penalty notice issued in respect of a failure to possess a testing package in accordance with regulation 3B(2), £1,000,

(b)in the case of a fixed penalty notice issued in respect of a failure to obtain a testing package in accordance with regulation 3B(3), £2,000,

(c)in the case of a fixed penalty notice issued in respect of a failure to obtain a testing package in accordance with regulation 3B(4), £1,000,

(d)in the case of the first fixed penalty notice issued in respect of a failure to undertake a test in accordance with regulation 3B(5) or (7), £1,000,

(e)in the case of the second fixed penalty notice issued in respect of a failure to undertake a test in accordance with regulation 3B(5) or (7), £2,000.]

[F119(6B) In determining how many fixed penalty notices a person (“P”) has received in respect of an information offence for the purposes of paragraph (6), no account is to be taken of any such fixed penalty notice issued to P before 4.00 a.m. on 18th January 2021.]

(7) Whatever other method may be specified under paragraph (4)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (4)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(8) Where a letter is sent as described in paragraph (7), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(9) In any proceedings, a certificate that—

(a)purports to be signed by or on behalf of the designated officer, and

(b)states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

(10) For the purposes of this regulation, “authorised person” means—

(a)a constable,

(b)an immigration officer, but only in relation to the issue of a fixed penalty notice in respect of an information offence [F120or an offence described in [F121regulation] [F1226(1)(a), 6(1)(aa), 6(1)(ab), 6(1)(b) (for failure to comply with a requirement under Schedule B1A), [F1236(1)(c),] 6(1)(d), 6(2) and 6(3)]], or

(c)a person designated by the Secretary of State for the purposes of this regulation.

Textual Amendments

Commencement Information

I7Reg. 7 in force at 8.6.2020, see reg. 1(1)

ProsecutionsE+W

8.  Proceedings for an offence under these Regulations may be brought by the Crown Prosecution Service and any person designated by the Secretary of State.

Commencement Information

I8Reg. 8 in force at 8.6.2020, see reg. 1(1)

PART 4E+WInformation sharing

Power to use and disclose informationE+W

9.—(1) This regulation applies to a person (“P”) who holds information described in paragraph (2) (“relevant information”), including where P holds that information as a result of disclosure made in accordance with paragraph (4).

(2) The information referred to in paragraph (1) is—

(a)information provided on the Passenger Locator Form, F124...

(b)DA information received for a purpose described in paragraph (4)(a)(i) [F125, F126...

(c)the result of any test undertaken in accordance with Schedule 2A and any information P obtained under paragraph 4(b) or (c) of that Schedule],

[F127(d)where a person (“B”) is required to self-isolate under these Regulations—

(i)the details of any such period of self-isolation (including the start and end dates of that period and the reason it was imposed);

(ii)a copy of any notice given to B which contains information about the requirement to self-isolate;

(iii)information generated where B books, or attempts to book, accommodation as part of a managed self-isolation package;

(iv)the details of any location in which B undertakes any period of managed self-isolation (including the name and address of the location);

(v)information relating to B obtained by P in the course of providing accommodation to B pursuant to a managed self-isolation package (including B’s room number, the personal details of any of B’s co-habitants, and the details of any absence of B, authorised or otherwise, from the place where B is self-isolating);

(vi)information relating to B obtained by P in the course of providing transport to a location at which B undertakes, or is due to undertake, any period of managed self-isolation;

(vii)information relating to B obtained by P in the course of providing any service in connection with a managed self-isolation package,

(e)where B is required to obtain a testing package or undertake a test under regulation 3B or Schedule 2C—

(i)information generated where B books, or attempts to book, a testing package for the purposes of regulation 3B;

(ii)a copy of any notice given to B which contains information about the requirement to book a testing package or to undertake a test;

(iii)information P obtained under paragraph 10(3) or (4) of Schedule 2C;

(iv)the results of a test undertaken by B in accordance with Schedule 2C (whether or not that test was provided as part of a testing package);

(v)information obtained by P in the course of providing a test that falls within paragraph (iv) and is undertaken, or in the course of arranging for such a test to be undertaken, by B (including confirmation that the test was undertaken, details of when and where it was undertaken, any reasons for a test not be being undertaken and the details of any replacement test to be undertaken),

(f)information provided to an immigration officer pursuant to regulations 3(7), 3A(4) or 3B(5), or

(g)where a sample taken in respect of a day 2 test under regulation 3B has been sequenced, the sorted BAM file relating to that sample containing all reads aligning to the SARS-CoV-2 reference genome with unaligned and human reads removed.]

(3) P may only use relevant information where it is necessary—

(a)for the purpose of carrying out a function under these Regulations,

(b)for the purpose of—

(i)preventing danger to public health as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii)monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(iii)giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(4) Subject to paragraph (6), P may only disclose relevant information to another person (the “recipient”) where it is necessary for the recipient to have the information —

(a)for the purpose of carrying out a function of the recipient under—

(i)these Regulations, or

(ii)an enactment which, in Scotland, Wales or Northern Ireland, has the effect of requiring the isolation or quarantine of persons who have been outside the common travel area, for any of the purposes described in sub-paragraph (b),

(b)for the purpose of—

(i)preventing danger to public health as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii)monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(iii)giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

[F128(4A) A constable or a person responsible for arranging or providing services (including security services) in respect of accommodation as part of a managed self-isolation package may, where necessary for the purpose of carrying out a function under these Regulations, request from B the following information—

(a)confirmation that B possesses a testing package for the purposes of regulation 3B and the details of that testing package (including the time and date of the tests);

(b)confirmation that B has undertaken any test in accordance with a testing package and, if not, an account of the reasons;

(c)the result of any test B has undertaken in accordance with a testing package.]

(5) Subject to paragraph (7), disclosure which is authorised by this regulation does not breach—

(a)an obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(6) This regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(7) Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.

(8) For the purposes of this regulation—

(a)“data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018 M10,

(b)“DA information” means information provided in accordance with, or as described in, an enactment which, in Scotland, Wales or Northern Ireland, has the effect of requiring the isolation or quarantine of persons who have been outside the common travel area, for any of the purposes described in paragraph (3)(b),

[F129(c)“managed self-isolation” means self-isolation in accordance with Schedule B1A.]

Textual Amendments

Commencement Information

I9Reg. 9 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

Self-incriminationE+W

10.—(1) Information provided by a person in accordance with, or as described in, regulation 3 may be used in evidence against the person, subject to paragraphs (2) to (4).

(2) In criminal proceedings against the person—

(a)no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b)no question relating to the information may be asked by or on behalf of the prosecution.

(3) Paragraph (2) does not apply if the proceedings are for—

(a)an offence under these Regulations, F130...

(b)an offence under section 5 of the Perjury Act 1911 M11 (false statements made otherwise than on oath),

[F131(c)an offence under section 1 of the Fraud Act 2006 (fraud).]

(4) Paragraph (2) does not apply if, in the proceedings—

(a)evidence relating to the information is adduced by or on behalf of the person who provided it, or

(b)a question relating to the information is asked by or on behalf of that person.

Textual Amendments

Commencement Information

I10Reg. 10 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M111911 c. 6. Section 5 was amended by section 1(2) of the Criminal Justice Act 1948 (c. 58).

PART 5E+WReview and expiry of Regulations

[F132Review of need for requirementsE+W

11.  The Secretary of State must review the need for the requirements imposed by these Regulations by 27th July 2020 and at least once every 28 days thereafter.]

Textual Amendments

Commencement Information

I11Reg. 11 in force at 8.6.2020, see reg. 1(1)

Expiry of RegulationsE+W

12.—(1) These Regulations expire at the end of the period of 12 months beginning with the day on which they come into force.

(2) The expiry of these Regulations does not affect the validity of anything done pursuant to these Regulations before they expire.

Commencement Information

I12Reg. 12 in force at 8.6.2020, see reg. 1(1)

Matt Hancock

Secretary of State,

Department of Health and Social Care

Regulation 2

[F133SCHEDULE A1E+WExempt countries and territories

Textual Amendments

PART 1E+W[F134Countries, territories and parts of countries or territories]

Textual Amendments

  • [F135No countries, territories or parts of countries or territories are specified in this Part]

Textual Amendments

F135Words in Sch. A1 Pt. 1 substituted (18.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/49), regs. 1(3), 2(3)(a) (with reg. 4)

PART 2E+WUnited Kingdom Overseas Territories

  • [F136No territories are specified in this Part]]

Textual Amendments

Regulations 3 and 4

[F137SCHEDULE B1E+WCountries and territories subject to additional measures

Textual Amendments

[F138Angola]

Textual Amendments

[F139Argentina]

Textual Amendments

F140...

Textual Amendments

[F139Bolivia]

[F139Brazil]

[F138Botswana]

[F141Burundi]

Textual Amendments

[F139Cape Verde]

[F139Chile]

[F139Colombia]

[F142Democratic Republic of the Congo]

Textual Amendments

[F139Ecuador]

[F138Eswatini]

[F143Ethiopia]

Textual Amendments

[F139French Guiana]

[F139Guyana]

[F138Lesotho]

F140...

[F138Malawi]

F140...

[F138Mozambique]

[F138Namibia]

[F144Oman]

Textual Amendments

[F139Panama]

[F139Paraguay]

[F139Peru]

F140...

[F145Qatar]

Textual Amendments

[F141Rwanda]

[F138Seychelles]

[F146Somalia]

Textual Amendments

South Africa

[F139Suriname]

[F142Tanzania]

[F141United Arab Emirates]

[F139Uruguay]

[F139Venezuela]

[F138Zambia]

[F138Zimbabwe]]

Regulation 4

[F147SCHEDULE B1AE+WAdditional measures

Textual Amendments

Application of this ScheduleE+W

1.  Subject to paragraph 2, this Schedule applies to a person (“P”) who arrives in England from a country or territory listed in Schedule B1 or has at any time in the period beginning with the 10th day before the date of their arrival in England departed from or transited through a country or territory listed in Schedule B1.

2.—(1) This Schedule does not apply where P is—

(a)a person described in paragraph 1(1)(a) to (h) or (k) of Schedule 2 or a member of the family forming part of their household;

(b)a person described in paragraph 1(1)(i) or (j) of Schedule 2 where the conditions in sub-paragraph (2) are met;

(c)a member of the family forming part of the household of a person to whom paragraph (b) applies, where—

(i)the conditions in sub-paragraph (2) are met in relation to the person to whom paragraph (b) applies,

(ii)the Foreign, Commonwealth and Development Office has been notified of P’s arrival, and

(iii)the Foreign Commonwealth and Development Office has confirmed that P is not required to comply with this Schedule;

(d)a person described in paragraph 13(1)(b) or (c) of Schedule 2 where the relevant Department has certified that P meets this description and that P is not required to comply with this Schedule;

(e)a Crown servant or government contractor who is required to undertake essential policing or essential government work in the United Kingdom within the period during which, but for this paragraph, they would have had to self-isolate in accordance with this Schedule, or is returning from conducting such work outside of the United Kingdom, where the relevant Department has certified that P meets this description and that P is not required to comply with this Schedule;

(f)a person who is required to undertake essential or emergency work in the United Kingdom or is returning from conducting such work outside of the United Kingdom, where the relevant Department has certified P’s work as necessary to facilitate essential government work or essential state business and that P is not required to comply with this Schedule;

(g)a person who falls within any of the following paragraphs of Schedule 2—

(i)paragraph 2 (UK border activities)

(ii)paragraph 3 (defence activities)

(iii)paragraph 4 (border security),

[F148(iiia)paragraph 4B (seamen and masters),

(iiib)paragraph 4C (pilots),

(iiic)paragraph 4D (inspectors and surveyors of ships),

(iiid)paragraph 4E (members of aircraft crew),]

(iv)paragraph 5 (transit passengers),

F149(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)paragraph 15 or 16 (extradition escorts).

(2) The conditions specified in this sub-paragraph are that, prior to P’s departure to the United Kingdom—

(a)the relevant head of the mission, consular post, or office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake work in the United Kingdom which is essential to the [F150foreign country represented by the mission] or consular post, the foreign territory represented by the office or the British overseas territory; and

(b)the Foreign, Commonwealth and Development Office has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that—

(i)it has received that confirmation, and

(ii)P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with this Schedule.

(3) Where a word or expression is defined for the purposes of Schedule 2 and is used in this paragraph, the same definition applies for the purposes of this paragraph.

Textual Amendments

Limitation on ports of entryE+W

3.  P may only enter England at a port designated for the purposes of this Schedule.

4.  The following ports are designated for the purposes of this Schedule—

(a)Heathrow Airport;

(b)Gatwick Airport;

(c)London City Airport;

(d)Birmingham Airport;

(e)Farnborough Airport;

(f)any military airfield or port.

Duties on arrivalE+W

5.  P must, on their arrival in England, be in possession of a managed self-isolation package.

6.  P must, on arrival in England, travel directly to the accommodation designated in the managed self-isolation package booked for P, using the means of transport designated in that package.

7.  If P is not in possession of a managed self-isolation package on their arrival in England, P must as soon as practicable obtain a managed self-isolation package and travel directly to the accommodation designated in that package using the means of transport designated in that package.

8.  In this Schedule a “managed self-isolation package” means—

(a)a booking for a place in accommodation designated by the Secretary of State for the purposes of this Schedule;

(b)a booking for transport facilitated by the Secretary of State to the accommodation referred to in sub-paragraph (a); and

(c)a testing package required by regulation 3B.

Charge for managed self-isolation packageE+W

9.  The Secretary of State or a person designated by the Secretary of State may impose a charge in relation to the accommodation, transport and testing package mentioned in the definition of a “managed self-isolation package” and the Secretary of State may recover any sum owed by P pursuant to such a charge as a debt.

Duty to self-isolate and period of self-isolationE+W

10.  Unless P leaves the common travel area where P is permitted to do so under these Regulations, P must self-isolate in the place in the accommodation designated in the managed self-isolation package until whichever is the later of—

(a)the end of the period of 10 days beginning with the day after P’s arrival in England;

(b)the end of the period for which P is required to self-isolate under Schedule 2C.

Exceptions from duty to self-isolateE+W

11.  Paragraph 10 does not require P to remain in self-isolation—

(a)from any person with whom they were travelling when they arrived in England and who is also self-isolating in the place where P is self-isolating;

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

(i)P being a child, or

(ii)any disability of P’s.

12.  Paragraph 10 does not require P to remain in self-isolation from a person (“V”) when V is at the place where P is self-isolating in exceptional circumstances such as—

(a)to provide emergency assistance;

(b)to provide care or assistance, including relevant personal care within the meaning of paragraph 1(1B) or 7(3B) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006;

(c)to provide medical assistance to P or to any other person who is staying in the place where P is self-isolating where this is urgently required 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 place of self-isolationE+W

13.—(1) During the period of their self-isolation P may not leave or be outside of the place where P is self-isolating except—

(a)to travel directly to a port to leave the common travel area;

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

(c)to take exercise;

(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 a member of P’s household or 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 and 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 of the place where P is self-isolating in reliance on the grounds mentioned in sub-paragraph (1)(c), (d) or (e)—

(a)if P has been given prior permission by a person authorised by the Secretary of State for this purpose;

(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.

Meaning of “place”E+W

14.  For the purposes of this Schedule the place referred to in paragraphs 8 to 13 means the room in the designated accommodation where P is staying and if connected to the room where P is staying, the room of any person referred to in paragraph 11(a) (travelling companion), including any balcony, and 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.

DesignationsE+W

15.  The Secretary of State must designate for the purposes of this Schedule—

(a)accommodation,

(b)transportation to the designated accommodation,

and must publish details of the designations in such manner as appears to the Secretary of State to be appropriate.

Duties where P is a childE+W

16.  If P is a child—

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

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

Person caring for PE+W

17.  A person may reside in the place where P is residing pursuant to this Schedule to provide assistance P reasonably requires by reason of—

(a)P being a child; or

(b)any disability of P’s,

and paragraphs 10 to 13 apply to that person as they apply to P for the period those paragraphs apply to P.

Modification of application of this Schedule where P is a relevant personE+W

18.—(1) Where P is a relevant person, this Schedule applies to P with the following modifications—

(a)the reference in paragraph 6 to the means of transport designated in the managed self-isolation package booked for P are to be read as references to transport determined by the Secretary of State;

(b)the references in paragraphs 6, 9 and 10 to a managed self-isolation package are to be read as references to a self-isolation package containing such provisions as to accommodation, transport and testing as the Secretary of State considers appropriate;

(c)paragraph 7 does not apply to P.

(2) P is a relevant person if—

(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,

[F151(viia)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 Secretary of State for the purposes of this Schedule,]

(vii)a prisoner,

(viii)a potential victim of modern slavery; and

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

[F152(3) P is also a relevant person if—

(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 England 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 Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

[F153(3A) P is also a relevant person if—

(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 self-isolate in such accommodation;

(c)P has provided evidence from a suitably qualified or registered medical practitioner of the matters specified in paragraphs (a) and (b);

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

(3B) P is also a relevant person if travelling with a person who is a relevant person by virtue of sub-paragraph (3A), where it is necessary for P to care for that relevant person, and where the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(3C) P is also a relevant person if—

(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 self-isolate in designated accommodation;

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

(4) In this paragraph—

(a)“boarding school” means a school or college, which—

(i)provides accommodation for its pupils or, as the case may be, students on its own premises, or

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

(b)“school” means—

(i)an alternative provision academy within the meaning of section 1C of the Academies Act 2010,

(ii)a community, foundation or voluntary school or a community or foundation special school within the meaning of section 20 of the School Standards and Framework Act 1998,

(iii)an independent school (as defined by section 463 of the Education Act 1996) registered under section 95 of the Education and Skills Act 2008,

(iv)a non-maintained special school (as defined in section 337A of the Education Act 1996), or

(v)a pupil referral unit within the meaning of section 19(2B) of the Education Act 1996;

(c)“college” means—

(i)an institution within the further education sector within the meaning of section 91 of the Further and Higher Education Act 1992, or

(ii)a 16 to 19 Academy within the meaning of section 1B of the Academies Act 2010.]]

Textual Amendments

Regulations 4B and 4C

[F154SCHEDULE B2E+WProhibition on arrival of aircraft and vessels

Textual Amendments

1.  The countries and territories referred to in regulation 4B(1) (prohibition on arrival of aircraft into England) are—E+W

Textual Amendments

[F1602.  No countries or territories are listed for the purposes of regulation 4C(1) (prohibition on arrival of vessels into England)]]E+W

Textual Amendments

Regulation 3(1)

SCHEDULE 1E+WPassenger information

1.  Personal details of the passenger—E+W

(a)their full name,

(b)their sex,

(c)their date of birth,

(d)their passport number, or travel document reference number (as appropriate), issue and expiry dates and issuing authority,

(e)their telephone number,

(f)their home address,

(g)their email address.

Commencement Information

I13Sch. 1 para. 1 in force at 8.6.2020, see reg. 1(1)

2.  Journey details of the passenger—E+W

[F161(a)the address or addresses in the United Kingdom at which—

(i)in the case of a person who is required to comply with regulation 4, they intend to self-isolate [F162and including, where regulation 4(1)(d) applies, the booking reference number for the managed self-isolation package booked by or on behalf of P], or

(ii)in the case of any other person, they intend to stay during the period of [F16310] days beginning on the day after the date of their arrival in the United Kingdom,]

(b)the date, or planned date, as appropriate of their arrival at an address specified in sub-paragraph (a) F164...,

(c)the operator they are travelling with or through which their booking was made,

(d)their [F165seat number],

[F166(da)their coach number,]

(e)the flight number [F167or vessel name],

F168(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the location at which they will arrive in the United Kingdom,

(h)the country [F169or territory] they are travelling from,

[F170(hza)the part of that country or territory they are travelling from, if that part—

(i)is specified in Schedule A1, or

(ii)is, where the country or territory itself is specified in that Schedule, expressly excluded in relation to that country or territory,]

[F171(ha)any other country or territory they have departed from or transited through in the period beginning with the [F17210th] day before the date of their arrival in England, and in any such case, the dates of departing from or transiting through any such country or territory,]

[F173(hb)any part of that other country or territory which they have departed from or transited through during that period, including the dates of departure or transit, if that part—

(i)is specified in Schedule A1, or

(ii)is, where the country or territory itself is specified in that Schedule, expressly excluded in relation to that country or territory,]

(i)the date and time, or planned date and time, as appropriate, of their arrival in the United Kingdom,

(j)whether they are connecting through the United Kingdom to a destination outside the United Kingdom and, if so—

(i)the location at which they will depart from in the United Kingdom,

(ii)their final destination country [F174or territory],

(iii)the operator they are travelling with or through which their booking was made for their onward journey,

(iv)[F175the seat number] for their onward journey,

(v)the flight number [F176or vessel name for] their onward journey [F177,

(vi)the coach number for their onward journey].

Textual Amendments

Commencement Information

I14Sch. 1 para. 2 in force at 8.6.2020, see reg. 1(1)

F1783.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

4.  Where the passenger is travelling with a child for whom they have responsibility—E+W

(a)the full name and date of birth of that child,

(b)the relationship of the passenger to that child.

Commencement Information

I15Sch. 1 para. 4 in force at 8.6.2020, see reg. 1(1)

F1795.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F1806.  Where the passenger is a person required by regulation 4(2) to self-isolate, and intends to undertake a test in accordance with Schedule 2A—E+W

(a)the name of the test provider,

(b)the test reference number provided to them by the test provider in accordance with paragraph 4(d) of that Schedule.]

Textual Amendments

[F1817.  Where regulation 3B requires a testing package—E+W

(a)the name of the provider of the tests, and

(b)the reference number for the tests provided to them by the test provider in accordance with paragraph [F18210(5)] of Schedule 2C.]

Textual Amendments

Regulation 3(10) and 4(13)

SCHEDULE 2E+WPersons not required to comply with regulation 3 or 4

PART 1E+WPersons not required to comply with regulation 3 and regulation 4

1.—(1) A person (“P”) who is—E+W

(a)a member of a diplomatic mission in the United Kingdom,

(b)a member of a consular post in the United Kingdom,

(c)an officer or servant of an international organisation,

(d)employed by an international organisation as an expert or on a mission,

(e)a representative to an international organisation,

(f)a representative at an international or United Kingdom conference who is granted privileges and immunities in the United Kingdom,

(g)a member of the official staff of a representative to an international organisation, or of a person falling within paragraph (f),

(h)described in paragraph (a) or (b) who is passing through the United Kingdom to commence or continue their functions at a diplomatic mission or consular post in another country or territory, or to return to the country of their nationality,

(i)a representative of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom,

(j)a representative of the government of a British overseas territory,

(k)a diplomatic courier or a consular courier,

(l)a member of the family forming part of the household of a person falling within any of paragraphs (a) to (k),

(2) The conditions referred to in regulation 4(13)(a)(i) (persons who are not required to comply with regulation 4) are that—

(a)the relevant head of the mission, consular post, international organisation, or conference, office representing a foreign territory in the United Kingdom or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to [F183the Foreign, Commonwealth and Development Office] that—

(i)P is required to undertake work which is essential to the functioning of the mission, consular post, international organisation, conference, or office, or to undertake work which is essential to the foreign country represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory and

(ii)that work cannot be undertaken whilst P is complying with regulation 4, and

(b)prior to P's arrival in the United Kingdom [F184the Foreign, Commonwealth and Development Office]—

(i)has confirmed in writing to the person giving the confirmation referred to in paragraph (a) that it has received that confirmation, and

(ii)where P is a representative of a foreign country or territory, has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 4.

(3) 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 M12, 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 M13.

(4) This paragraph is without prejudice to any immunity from jurisdiction or inviolability which is accorded to any person described in sub-paragraph (1) under the law of England and Wales apart from these Regulations.

Textual Amendments

Commencement Information

I16Sch. 2 para. 1 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M121968 c. 18. There are amendments but none is relevant.

M131964 c. 81. There are amendments but none is relevant.

2.—(1) A Crown servant or government contractor where they are—E+W

(a)required to undertake essential government work related to the United Kingdom border in the United Kingdom within [F185the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4], or

(b)undertaking essential government work related to the United Kingdom border outside of the United Kingdom but—

(i)are required to return to the United Kingdom temporarily,

(ii)will thereafter depart to undertake essential government work related to the United Kingdom border outside of the United Kingdom.

(2) For the purposes of sub-paragraph (1) and paragraph 3—

(a)“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989 M14,

(b)“essential government work” means work which has been designated as such by the relevant Department or employer,

(c)“government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989.

Textual Amendments

Commencement Information

I17Sch. 2 para. 2 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M141989 c. 6. Section 12 was amended by paragraph 22 of Schedule 10 to the Reserve Forces Act 1996 (c. 14), by paragraph 30 of Schedule 12 to the Government of Wales Act 1998 (c. 38), by paragraph 26 of Schedule 8 to the Scotland Act 1998 (c. 46), by paragraph 9(3) of Schedule 13 to the Northern Ireland Act 1998 (c. 47), by paragraph 9 of Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32), by paragraph 6 of Schedule 14 to the Energy Act 2004 (c. 20), by paragraph 58 of Schedule 4 to the Serious Organised Crime and Police Act 2005, by paragraph 34 of Schedule 10, and paragraph 1 of Schedule 12, to the Government of Wales Act 2006 (c. 32) and by paragraph 36 of Schedule 8 to the Crime and Courts Act 2013 (c. 22).

3.—(1) A person who is a Crown servant, a government contractor, or a member of a visiting force, who—E+W

(a)is required to undertake work necessary to the delivery of essential defence activities, F186...

[F187(aa)has travelled from a point of origin within the common travel area or from an exempt country or territory on a vessel or aircraft operated by, or in support of, Her Majesty’s armed forces or by, or in support of, a visiting force and that vessel or aircraft has not taken on any persons, docked in any port or landed in any non-exempt country or territory, or]

(b)has undertaken a continuous period of at least [F18810] days [F189ending with the day immediately preceding the day of their arrival in the United Kingdom] aboard a vessel operated by or in support of Her Majesty's Naval Service [F190or by, or in support of, a visiting force] [F191, where they have not disembarked] and that vessel has not taken on any persons or docked in any port outside of the common travel area for a period of at least [F18810] days [F192ending with the day of its arrival] in the United Kingdom.

(2) For the purposes of sub-paragraph (1)—

(a)“defence” has the meaning given in section 2(4) of the Official Secrets Act 1989,

[F193(b)“visiting force” means any body, contingent or detachment of the forces of a country, being a body, contingent or detachment for the time being present in the United Kingdom (including United Kingdom territorial waters), on the invitation of Her Majesty’s Government in the United Kingdom.]

Textual Amendments

Commencement Information

I18Sch. 2 para. 3 in force at 8.6.2020, see reg. 1(1)

4.  An official of a foreign Government, required to travel to the United Kingdom to undertake essential border security duties, or a contractor directly supporting these essential border security duties where—E+W

(a)they are in possession of a written notice signed by a senior member of their foreign Government confirming that they are required to undertake essential border security duties in the United Kingdom within [F194the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4] and that that work cannot be undertaken whilst the person is complying with regulation 4, or

(b)their deployment is pursuant to a standing bilateral or multilateral agreement with Her Majesty's Government on the operation of the Border controls within the United Kingdom.

Textual Amendments

Commencement Information

I19Sch. 2 para. 4 in force at 8.6.2020, see reg. 1(1)

PART 2E+WPersons not required to comply with regulation 4

[F1954A.—(1) A road passenger transport worker.E+W

(2) For the purposes of this paragraph—

(a)“road passenger transport worker” means—

(i)the driver of a public service vehicle, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council, and who is acting in the course of their employment,

(b)“driver” includes a person who is travelling in a vehicle as a relief driver,

(c)“public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 1981.

Textual Amendments

4B.—(1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 1995, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007.E+W

(2) For the purposes of sub-paragraph (1) and paragraph 4C—

(a)“the Maritime Labour Convention, 2006” means the Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organisation,

(b)“the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14th June 2007 by the International Labour Organisation.

Textual Amendments

4C.  A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom F196... .E+W

Textual Amendments

4D.  An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 [F197, or by a government of a relevant British possession as defined in section 313(1) of that Act], where they have travelled to the United Kingdom in the course of their work.E+W

Textual Amendments

[F1984E.—(1) A member of aircraft crew where they have travelled to the United Kingdom in the course of their work or are otherwise required to travel to the United Kingdom for work purposes.E+W

(2) For the purposes of this paragraph—

(a)“member of aircraft crew” means a person who—

(i)acts as a pilot, flight navigator, flight engineer or flight radiotelephony operator of the aircraft,

(ii)is carried on the flight deck and is appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew under article 114(2) of the Air Navigation Order 2016 or any provision of EU-OPS, or

(iii)is carried on the flight for the purpose of performing duties to be assigned by the operator or the pilot in command of the aircraft in the interests of the safety of passengers or of the aircraft;

(b)travel for work purposes includes, in particular—

(i)where the member of aircraft crew resides outside the United Kingdom, travelling to the United Kingdom to work on an aircraft departing from the United Kingdom,

(ii)travelling to attend work-related training in the United Kingdom,

(iii)returning to the United Kingdom following work-related training outside the United Kingdom;

(c)“EU-OPS” has the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016.]

Textual Amendments

4F.—(1) Any of the following who have travelled to the United Kingdom in the course of their work—E+W

(a)drivers and crew on shuttle services and on services for the carriage of passengers or goods by way of the tunnel system,

(b)other workers carrying out essential roles for the safe or efficient operation of the tunnel system, shuttle services or services for the carriage of passengers or goods by way of the tunnel system, or relating to the security of the tunnel system or any such services.

(2) For the purposes of sub-paragraph (1)—

(a)“shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987,

(b)“tunnel system” has the meaning given in section 1(7) of that Act.

Textual Amendments

4G.—(1) The condition mentioned in regulation 3(10)(c) is that the person has on their journey to England travelled only—E+W

(a)on a conveyance which does not carry passengers,

(b)in an area of a conveyance which is not accessible to passengers, or

(c)in an area of a conveyance which is accessible to passengers in vehicles, where passengers remain within their vehicles while the person is present in that area of the conveyance.

(2) For the purposes of this paragraph—

“not accessible to passengers” means separated by a continuous physical barrier which passengers are not permitted to cross;

“passenger” does not include a person of the description in paragraph 4F(1)(b).]

Textual Amendments

5.—(1) A transit passenger.E+W

[F199(2) For the purposes of sub-paragraph (1), “transit passenger” means a person who on arrival in the United Kingdom—

(a)passes through to another country or territory outside the common travel area without entering the United Kingdom; or

(b)enters the United Kingdom for the sole purpose of continuing a journey to a country or territory outside the common travel area and—

(i)remains within their port of entry until their departure from England, or

(ii)travels directly from their port of entry to another port of departure in England.]

Textual Amendments

Commencement Information

I20Sch. 2 para. 5 in force at 8.6.2020, see reg. 1(1)

6.—(1) A road haulage worker F200....E+W

(2) For the purposes of this paragraph—

(a)“driver” includes a person who is travelling in a vehicle as a relief driver,

(b)“goods vehicle” has the meaning given in section 192 of the Road Traffic Act 1988 M15,

(c)“road haulage worker” means—

(i)the driver of a goods vehicle that is being used in connection with the carriage of goods, other than goods for non-commercial personal use by the driver, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council M16, and who is acting in the course of their employment,

F201(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F201(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I21Sch. 2 para. 6 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M151988 c. 52. There are amendments to section 192 but none is relevant.

M16OJ No. L 300, 14.11.2009, p. 72.

F2027.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F2038.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F2049.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F20510.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

11.  Civil aviation inspectors, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7th December 1944 M17, where they have travelled to the United Kingdom when engaged on inspection duties.E+W

Commencement Information

I22Sch. 2 para. 11 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M17The latest edition of Annex 9, which is published by the International Civil Aviation Organization, is the 15th edition, which applied from 23rd February 2018 (ISBN 978-92-9258-301-9).

12.—(1) Any of the following who have travelled to the United Kingdom in the course of their work—E+W

F206(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)operational, rail maintenance, safety and security workers working on the tunnel system,

F207(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of sub-paragraph (1)—

F208(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“tunnel system” has the meaning given in section 1(7) of [F209the Channel Tunnel Act 1987].

Textual Amendments

Commencement Information

I23Sch. 2 para. 12 in force at 8.6.2020, see reg. 1(1)

[F21013.—(1) Any person who the relevant Department has certified as meeting the description in sub-paragraph (a), (b) or (c)—E+W

(a)a Crown servant or government contractor who is required to undertake essential policing or essential government work in the United Kingdom within the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4,

(b)a person returning from conducting essential state business outside of the United Kingdom,

(c)a person returning to the United Kingdom where this is necessary to facilitate the functioning of a diplomatic mission or consular post of Her Majesty or of a military or other official posting on behalf of Her Majesty.

(2) For the purposes of sub-paragraph (1)—

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

(b)“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989,

(c)“essential government work” means work which has been designated as such by the relevant Department, and includes, in particular, work related to national security, the work of the National Crime Agency in pursuance of its statutory functions, and work related to immigration, the coronavirus disease or any other crisis response, but does not include work of the description in paragraph 2 of Part 1 of this Schedule,

(d)“essential policing” means policing which has been designated as such on behalf of the relevant chief officer or chief constable,

(e)“essential state business” means activity which has been designated as essential to the United Kingdom or Her Majesty’s Government by the relevant Department, and includes, in particular, bilateral or multilateral discussions with another state or international organisation and visits to another state on behalf of the United Kingdom or Her Majesty’s Government,

(f)“government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989.

Textual Amendments

13A.—(1) A person returning from undertaking essential or emergency work outside of the United Kingdom, which has been certified by the relevant Department as necessary to facilitate essential government work or essential state business.E+W

(2) For the purposes of sub-paragraph (1) “essential government work” and “essential state business” have the same meaning as in paragraph 13.]

Textual Amendments

14.  A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 1984 M18.E+W

Commencement Information

I24Sch. 2 para. 14 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

15.  A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003 M19 or sought for extradition pursuant to any other extradition arrangements.E+W

Commencement Information

I25Sch. 2 para. 15 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

16.  A representative of any territory travelling to the United Kingdom in order to take into custody a person whose surrender has been ordered pursuant to any provision of the Extradition Act 2003.E+W

Commencement Information

I26Sch. 2 para. 16 in force at 8.6.2020, see reg. 1(1)

17.—(1) Workers engaged in essential or emergency works—E+W

(a)related to water supplies and sewerage services, and

(b)carried out by, for, or on behalf of a water undertaker, sewerage undertaker, water supply licensee, sewerage licensee or local authority,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

(a)“essential or emergency works” includes—

(i)inspections, maintenance, repairs, and asset replacement activities,

(ii)monitoring, sampling and analysis of water supplies under the Private Water Supplies (England) Regulations 2016 M20, the Water Supply (Water Quality) Regulations 2016 M21, the Private Water Supplies (Wales) Regulations 2017 M22, or the Water Supply (Water Quality) Regulations 2018 M23,

(b)“sewerage licensee” [F211means the holder of a sewerage licence under section 17BA] of the Water Industry Act 1991 M24,

(c)“sewerage services” has the meaning given in section 219(1) of the Water Industry Act 1991 M25,

(d)“water supply licensee” has the meaning given in sections 17A(7) and 219(1) of the Water Industry Act 1991 M26.

Textual Amendments

Commencement Information

I27Sch. 2 para. 17 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M20S.I. 2016/618; relevant amending instruments are S.I. 2017/506, 2018/707 and 2019/558.

M21S.I. 2016/614; relevant amending instruments are S.I. 2017/506, 2018/706 and 378, 2019/526 and 558.

M22S.I. 2017/1041 (W. 270), as amended by S.I. 2018/647 (W. 121), S.I. 2019/460 (W. 110) and S.I. 2019/463 (W. 111).

M23S.I. 2018/647 (W. 121), as amended by S.I. 2019/463 (W. 111).

M241991 c. 56. Section 17BA(6) was inserted by section 4(1) of the Water Act 2014 (c. 21). The reference to “sewerage licensee” was inserted in section 219(1) by paragraph 120(2)(f) of Schedule 7 to the Water Act 2014.

M25The definition of “sewerage services” was amended by paragraph 120 of Schedule 7 to the Water Act 2014.

M26Section 17A was inserted by section 1 of the Water Act 2014.

[F21217A.—(1) Workers engaged in essential or emergency works relating to flood and coastal erosion risk management on behalf of—E+W

(a)the Environment Agency, or

(b)a lead local flood authority in England.

(2) For the purposes of sub-paragraph (1)—

(a)“flood” and “coastal erosion” have the meanings given in section 1 of the Flood and Water Management Act 2010 F213,

(b)“lead local flood authority” has the meaning given in section 6(7) of that Act,

(c)“risk management” has the meaning given in section 3 of that Act F214.]

Textual Amendments

F214And see section 2 of the Flood and Water Management Act 2010 for the meaning of “risk”

18.—(1) Workers engaged in essential or emergency works—E+W

(a)related to—

(i)a generating station,

(ii)an electricity interconnector,

(iii)a district heat network as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014 M27,

(iv)communal heating as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014,

(v)automated ballast cleaning and track re-laying systems on a network, or

(vi)the commissioning, maintenance and repair of industrial machinery for use on a network, or

(b)carried out by or on behalf of—

(i)the national system operator,

(ii)a person holding a transmission licence,

(iii)a person holding a distribution licence,

(iv)a person holding a licence under section 7 and 7ZA of the Gas Act 1986 M28,

(v)a LNG import or export facility as defined in section 48 of the Gas Act 1986 M29, or

(vi)a person holding a network licence under section 8 of the Railways Act 1993,

where they have travelled to the United Kingdom for the purposes of their work.

(2) For the purposes of sub-paragraph (1)—

(a)“distribution licence” means a licence granted under section 6(1)(c) of the Electricity Act 1989 M30,

(b)“essential or emergency works” includes commissioning, inspections, maintenance, repairs, and asset replacement activities,

(c)“national system operator” means the person operating the national transmission system for Great Britain,

(d)“network”, in sub-paragraph (1)(a)(v) and (vi), has the meaning given in section 83(1) of the Railways Act 1993 M31

(e)“transmission licence” means a licence granted under section 6(1)(b) of the Electricity Act 1989,

(f)“electricity interconnector”, “generating station” and “transmission system” have the meanings given in section 64(1) of the Electricity Act 1989 M32.

Commencement Information

I28Sch. 2 para. 18 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M27S.I. 2014/3120. There are no relevant amending instruments.

M281986 c. 44. Section 7ZA was inserted by section 149(6) of the Energy Act 2004.

M29The definition was inserted by S.I. 2011/2704.

M311993 c. 43. There are amendments to section 83(1) but none is relevant.

M32The definition of “electricity interconnector” was inserted by section 147(7) of the Energy Act 2004. The definition of “transmission system” was substituted by paragraph 15 of Schedule 19 to the 2004 Act.

19.—(1) A person who is—E+W

(a)nuclear personnel, and who is essential to the safe and secure operations of a site in respect of which a nuclear site licence has been granted,

(b)a nuclear emergency responder,

(c)an agency inspector, or

(d)a Euratom inspector, provided that they arrive in the United Kingdom before IP completion day,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

(a)“agency inspector” has the meaning given in section 1(1) of the Nuclear Safeguards Act 2000 M33,

(b)“nuclear emergency responder” means a person providing assistance to the United Kingdom in accordance with the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency done at Vienna on 26 September 1986, who has been duly notified to and accepted by the United Kingdom, where the United Kingdom has requested assistance under that Convention,

(c)“Euratom inspector” means an inspector sent to the United Kingdom by the Commission of the European Union in accordance with Articles 81 and 82 of the Euratom Treaty,

(d)“nuclear personnel” means—

(i)a worker who is employed to carry out work on or in relation to a site in respect of which a nuclear site licence has been granted, or

(ii)an employee of the Nuclear Decommissioning Authority M34,

(e)“nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965 M35.

Commencement Information

I29Sch. 2 para. 19 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M34The Nuclear Decommissioning Authority was established by section 1 of the Energy Act 2004.

M351965 c. 57. Section 1 was substituted by paragraph 17 of Schedule 2 to the Energy Act 2013 (c. 32); by virtue of section 1(2), a licence described in section 1(1) is referred to as a “nuclear site licence”.

20.  An inspector from the Organisation for the Prohibition of Chemical Weapons, within the meaning given to “inspector” by section 24(e) of the Chemical Weapons Act 1996 M36, who has travelled to the United Kingdom for the purposes of an inspection.E+W

Commencement Information

I30Sch. 2 para. 20 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

21.—(1) A person who is—E+W

(a)carrying out a critical function at a space site or spacecraft controller who is responsible for command and control of a launch vehicle or spacecraft for nominal operations, collision avoidance or anomalies, or

(b)employed by, or contracted to provide services to, a person who operates or maintains space situational awareness capabilities,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

(a)“space site” has the meaning given in paragraph 5(3) of Schedule 4 to the Space Industry Act 2018 M37,

(b)“space situational awareness capabilities” means the sensors, systems and analytical services needed to provide time-sensitive warnings of space weather events, orbital collisions, orbital fragmentations or the re-entry of man-made objects from orbit,

(c)“spacecraft” has the meaning given in section 2(6) of the Space Industry Act 2018,

(d)“spacecraft controller” means a person competent, authorised and responsible for maintaining safe and secure operation of spacecraft through monitoring the status of a spacecraft, issuing manoeuvre commands or controlling other aspects of the spacecraft that influence its behaviour including its motion in space.

Commencement Information

I31Sch. 2 para. 21 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

22.—(1) A specialist aerospace engineer, or a specialist aerospace worker, where they have travelled to the United Kingdom in the course of their work.E+W

(2) For the purposes of sub-paragraph (1)—

(a)“specialist aerospace engineer” means a person who is employed or otherwise engaged to provide engineering services for the purpose of ensuring the continued operation of aviation activities (including but not limited to the provision of maintenance and repair services for production lines, aviation components, grounded aircraft and new aircraft),

(b)“specialist aerospace worker” means a person who is employed or otherwise engaged to provide services for the purpose of ensuring safety management and quality assurance as required by relevant standards, guidance and publications on aviation safety produced by the Civil Aviation Authority or the European Union Aviation Safety Agency M38.

Commencement Information

I32Sch. 2 para. 22 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M38The Civil Aviation Authority was established under section 1(1) of the Civil Aviation Act 1971 (c.75). That Act was replaced by a consolidating statute, the Civil Aviation Act 1982 (c.16), section 2(1) of which provides for the continued existence of the Civil Aviation Authority. There are amendments to section 2 but none is relevant. The European Union Aviation Safety Agency was established by Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91.

23.—(1) A person engaged in operational, maintenance or safety activities of a downstream oil facility that has a capacity in excess of 20,000 tonnes, where —E+W

(a)the downstream oil facility is engaged in a specified activity carried on in the United Kingdom in the course of a business, and contributes (directly or indirectly) to the supply of crude oil based fuels to consumers in the United Kingdom or persons carrying on business in the United Kingdom, and

(b)the activities are required to ensure continued safe operation of the facility,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

(a)a facility has a capacity in excess of 20,000 tonnes at any time if it was used in the previous calendar year for the purposes of downstream oil sector activities in relation to more than that number of tonnes of oil,

(b)“specified activities” are—

(i)storing oil,

(ii)handling oil,

(iii)the carriage of oil by sea or inland water,

(iv)conveying oil by pipes,

(v)refining or otherwise processing oil.

Commencement Information

I33Sch. 2 para. 23 in force at 8.6.2020, see reg. 1(1)

24.—(1) A worker F215... required [F216to undertake or commence within [F217the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4]]—E+W

(a)activities on or in relation to [F218an offshore installation],

(b)activities on or in relation to upstream petroleum infrastructure,

(c)critical safety work on [F219an offshore installation or well being decommissioned or] preserved pending demolition or reuse, or

(d)activities for the provision of workers, goods, materials or equipment or other essential services required to support the safe operation of the activities referred to in paragraphs (a) to (c) [F220,

where they have travelled to the United Kingdom in the course of their work].

(2) For the purposes of sub-paragraph (1)—

(a)“offshore [F221installation]” has the meaning given in section 44 of the Petroleum Act 1998 M39,

(b)“upstream petroleum infrastructure” has the meaning given in section 9H of the Petroleum Act 1998 M40,

(c)“[F222well]” has the meaning given in section 45A(10) of the Petroleum Act 1998 M41.

Textual Amendments

Commencement Information

I34Sch. 2 para. 24 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M391998 c. 17. Section 44 was amended by paragraph 11 of Schedule 1 to the Energy Act 2008 (32).

M40Section 9H was substituted by section 74(2) of the Energy Act 2016 (c. 20).

M41Section 45A was inserted by section 75(1) of the Energy Act 2008. There are amendments to section 45A(10) but none is relevant.

25.  A postal operator, as defined in section 27(3) of the Postal Services Act 2011 M42, where they have travelled to the United Kingdom in the course of their work.E+W

Commencement Information

I35Sch. 2 para. 25 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

26.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works or services (including commissioning, maintenance, and repairs and safety checks) to ensure the continued production, supply, movement, manufacture, storage or preservation of goods, where they have travelled to the United Kingdom in the course of their work or otherwise to commence or resume their work.E+W

Commencement Information

I36Sch. 2 para. 26 in force at 8.6.2020, see reg. 1(1)

27.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works [F223(including construction, commissioning, installation,] maintenance, repairs and safety checks) or to fulfil contractual obligations or warranty specifications in, or in connection with, waste management facilities used for the management, sorting, treatment, recovery, or disposal of waste (including energy from waste), where they have travelled to the United Kingdom in the course of their work.E+W

Textual Amendments

Commencement Information

I37Sch. 2 para. 27 in force at 8.6.2020, see reg. 1(1)

28.—(1) Any of the following—E+W

(a)a person (“P”) who—

(i)before travelling to the United Kingdom has made arrangements with a provider in the United Kingdom to receive healthcare (or, where P is a child, on whose behalf such arrangements have been made),

(ii)is in possession of written confirmation of the arrangements from the provider,

(iii)has travelled to the United Kingdom to receive that healthcare, and

(iv)is attending a place to receive that healthcare or is travelling directly between that place and the place where they are self-isolating,

(b)a person who—

(i)is accompanying P for the purpose of providing necessary care or support to P in the circumstances referred to in sub-paragraph (1)(a)(iv), or

(ii)is travelling, for the purpose of so accompanying P, directly between the place where they are self-isolating and either of the places referred to in sub-paragraph (1)(a)(iv),

where that person has travelled to the United Kingdom for that purpose and is in possession of the confirmation referred to in sub-paragraph (1)(a)(ii) or a copy of it,

(c)an accompanying child who is accompanying P or, where P is a child, is accompanying a person referred to in sub-paragraph (1)(b),

(d)a live donor who is attending a place for the purpose referred to in the definition of “live donor” or is travelling directly between that place and the place where they are self-isolating.

(2) For the purposes of this paragraph—

(a)“accompanying child”, in relation to P, means a child who has arrived in England with P and for whom P has responsibility, or where P is a child, a child who has arrived in England with the person referred to in sub-paragraph (1)(b) and for whom that person has responsibility,

(b)“healthcare” means all forms of healthcare provided for individuals, whether relating to mental or physical health, including healthcare in connection with giving birth,

(c)“live donor” means a person who—

(i)has travelled to the United Kingdom for the purpose of donation of material which consists of or includes their human cells pursuant to arrangements made with a provider in the United Kingdom before travelling to the United Kingdom, and which are to be used by the provider for the purpose of providing healthcare, and

(ii)is in possession of written confirmation of the arrangements from the provider,

(d)“provider” means a provider of healthcare,

(e)references to a place where a person is self-isolating are to a place where they are required to self-isolate, or permitted to be at, by virtue of regulation 4.

Commencement Information

I38Sch. 2 para. 28 in force at 8.6.2020, see reg. 1(1)

F22428A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

29.—[F225(1) A person who has travelled to the United Kingdom for the purpose of transporting material which consists of, or includes, human cells or blood and which is to be used for the provision of healthcare by a provider.]E+W

(2) For the purposes of sub-paragraph (1)—

(a)“blood” includes blood components,

(b)“healthcare” and “provider” have the meanings given in paragraph 28(2).

Textual Amendments

Commencement Information

I39Sch. 2 para. 29 in force at 8.6.2020, see reg. 1(1)

F22630.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

31.  A person who is an “inspector” within the meaning given in regulation 8(1) of the Human Medicines Regulations 2012 M43 [F227, or who has been appointed as an inspector under regulation 33 of the Veterinary Medicines Regulations 2013, and] who has travelled to the United Kingdom to undertake activities in relation to their role as such a person.E+W

Textual Amendments

Commencement Information

I40Sch. 2 para. 31 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

32.—(1) A person who—E+W

(a)has travelled to the United Kingdom to—

(i)conduct a clinical trial within the meaning of “conducting a clinical trial” in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004 M44,

(ii)undertake such activities as are necessary or expedient to prepare for the conduct of a clinical trial, or

(iii)carry out any necessary compliance activity in relation to a clinical trial that cannot be conducted remotely,

(b)is a “qualified person” within the meaning of regulation 43 of those Regulations, where they have travelled to the United Kingdom in order to undertake activities in relation to their role as such a person, or

(c)is a “sponsor” within the meaning given in regulation 2(1) of those Regulations, or carries out the functions or duties of a sponsor, of a clinical trial and has travelled to the United Kingdom to undertake activities in relation to a clinical trial.

(2) For the purposes of sub-paragraph (1), “clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004.

Commencement Information

I41Sch. 2 para. 32 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M44S.I. 2004/1031, to which there are amendments not relevant to these Regulations.

33.  A person who has travelled to the United Kingdom to conduct a “clinical investigation” within the meaning of the Medical Devices Regulations 2002 M45, or to undertake such activities as are necessary or expedient to prepare for the conduct of a clinical investigation or carry out any other necessary compliance activity in relation to a clinical investigation that cannot be conducted remotely.E+W

Commencement Information

I42Sch. 2 para. 33 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

34.—(1) A person who is—E+W

(a)a “qualified person” within the meaning of regulation 41(2) of the Human Medicines Regulations 2012 M46,

(b)a “responsible person” within the meaning of regulation 45(1) of those Regulations, F228...

(c)“an appropriately qualified person responsible for pharmacovigilance” within the meaning of regulation 182(2)(a) of those Regulations, [F229or]

[F230(d)a “qualified person (manufacture)” as referred to in paragraph 8(2) of Schedule 2 to the Veterinary Medicines Regulations 2013,]

where they have travelled to the United Kingdom in order to undertake activities in relation to their role as such a person.

Textual Amendments

Commencement Information

I43Sch. 2 para. 34 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

35.—(1) A person who has travelled to the United Kingdom for the purposes of their work in essential infrastructure industries including—E+W

(a)a person involved in essential maintenance and repair of data infrastructure required to reduce and resolve outages, or in the provision of goods and services to support these activities, and

(b)an information technology or telecommunications professional (including information technology consultant, quality analyst, software tester, systems tester, and telecommunications planner), whose expertise is required to—

(i)provide an essential or emergency response to threats and incidents relating to the security of any network and information system, and

(ii)ensure the continued operation of any network and information system.

(2) For the purposes of sub-paragraph (1), “network and information” system has the meaning in regulation 1(2) of the Network and Information Systems Regulations 2018 M47.

Commencement Information

I44Sch. 2 para. 35 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

36.  A person who is engaged in urgent or essential work—E+W

(a)that is necessary for the continued operation of—

(i)electronic communications networks and services as defined in section 32 of the Communications Act 2003M48 F231..., or

(ii)the BBC's broadcasting transmission network and services,

(b)in associated supply chain companies that maintain the confidentiality, integrity, and availability of the electronic communications networks and services and the BBC transmission network and services,

where they have travelled to the United Kingdom in the course of their work.

Textual Amendments

Commencement Information

I45Sch. 2 para. 36 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M482003 c. 21. The definition of “electronic communications network” was amended by S.I. 2011/1210.

[F23236A.  A person—E+W

(a)who is engaged in the installation, maintenance or repair of subsea fibre optic telecommunications infrastructure,

(b)whose role directly supports the installation, maintenance or repair of subsea fibre optic telecommunications infrastructure,

where they have travelled to the United Kingdom in the course of their work.]

Textual Amendments

[F23337.—(1) A person ordinarily resident in the United Kingdom and who pursues a work-related activity in another country to which they usually travel at least once a week which is certified by their employer, or in the case of a self-employed person certified by them, as being—E+W

(a)an activity that cannot be done remotely; and

(b)critical.

(2) For the purposes of sub-paragraph (1), an activity is critical if—

(a)it would be defined as critical, or equivalent terminology, in legislation or guidance in use in that country; or

(b)if the country has no such definition, if they are pursuing an activity which would fall under one of the other paragraphs in this Schedule if it were carried out in the United Kingdom.]

Textual Amendments

38.—(1) A person who has an offer of employment for seasonal work to carry out specified activities in edible horticulture on a specified farm.E+W

(2) For the purposes of sub-paragraph (1)—

(a)“seasonal work” is employment which fluctuates or is restricted due to the season or time of the year,

(b)“edible horticulture” means growing—

(i)protected vegetables grown in glasshouse systems,

(ii)field vegetables grown outdoors, including vegetables, herbs, leafy salads and potatoes,

(iii)soft fruit grown outdoors or under cover,

(iv)trees that bear fruit,

(v)vines and bines,

(vi)mushrooms,

(c)“specified farm” means the farm named in that person's passenger information,

(d)“specified activities” means—

(i)crop maintenance,

(ii)crop harvesting,

(iii)tunnel construction and dismantling,

(iv)irrigation installation and maintaining,

(v)crop husbandry,

(vi)packing and processing of crops on employers premises,

(vii)preparing and dismantling growing areas and media,

(viii)general primary production work in edible horticulture,

(ix)activities relating to supervising teams of horticulture workers.

Commencement Information

I46Sch. 2 para. 38 in force at 8.6.2020, see reg. 1(1)

[F23439.—[F235(1) A domestic elite sportsperson, an international elite sportsperson, a domestic ancillary sportsperson or an international ancillary sportsperson.]E+W

(2) For the purposes of this paragraph—

“domestic ancillary sportsperson” means an individual essential to—

(a)

the running of an elite sports event including—

(i)

operational staff essential to the running of that elite sports event,

(ii)

event officials and referees, or

(b)

the support of a domestic elite sportsperson including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual sportsperson medical and technical support staff,

(iii)

horse grooms and trainers,

(iv)

motorsport mechanics and technical staff,

(v)

the parent or carer of a domestic elite sportsperson under the age of 18;

“domestic elite sportsperson” means an individual who—

(a)

[F236derives a living from competing in a sport or is—

(i)

a senior representative nominated by a relevant sporting body,

(ii)

a member of the senior training squad for a relevant sporting body, or

(iii)

aged 16 or above and on an elite development pathway,]

(b)

is in England, after departing from or transiting through a non-exempt country or territory, and

(c)

either—

(i)

[F237has departed from or transited through the non-exempt country or territory in order to compete in an elite sports event, or to participate in training for an Olympic or Paralympic event, and has returned to England with the intention of continuing activities as a sportsperson, or]

(ii)

is a United Kingdom sportsperson who is not habitually resident in the United Kingdom and has travelled to England in order to participate in training for or to compete in an elite sports event;

“elite sports event” means a specified competition or other sporting event in which the participants compete—

(a)

to derive a living, or

(b)

to qualify for the right to represent—

(i)

Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii)

England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

“international ancillary sportsperson” means an individual essential to—

(a)

the running of a specified competition including—

(i)

operational staff essential to the running of that specified competition,

(ii)

competition officials and referees,

(iii)

broadcast staff and journalists covering that specified competition, or

(b)

the support of an international elite sportsperson, including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual sportsperson medical and technical support staff,

(iii)

horse grooms and trainers,

(iv)

motorsport mechanics and technical staff,

(v)

the parent or carer of an international elite sportsperson under the age of 18;

“international elite sportsperson” means an individual who travels to England in order to participate in a specified competition after departing from or transiting through a non-exempt country or territory at any time in the period beginning with the [F23810th] day before the date of their arrival in England and who—

(a)

derives a living from competing in a sport,

(b)

is a senior representative nominated by a relevant sporting body,

(c)

is a member of the senior training squad for a relevant sporting body, or

(d)

is aged 16 or above and on an elite development pathway;

F239...

F240...

“specified competition” means a competition specified in Schedule 3.

(3) For the purposes of F241... paragraph (2)—

(a)“elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—

(i)so that they may derive a living from competing in that sport, or

(ii)to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham;

[F242(aa)“Olympic or Paralympic event” means a specified competition or other sporting event in which the participants compete to qualify for the right to represent Great Britain and Northern Ireland at the Tokyo Olympic or Paralympic Games;]

(b)“relevant sporting body” in relation to a sportsperson means the national governing body of a sport which may nominate sportspersons to represent—

(i)that sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii)that sportsperson’s nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

(c)“senior representative” in relation to a sportsperson means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(i)that sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games; or

(ii)that sportsperson’s nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.

(4) The conditions referred to in regulation 4(13)(ca) are—

F243(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F244(zb)where P is a domestic elite sportsperson of a kind described in paragraph (c)(i) of the definition of that expression in sub-paragraph (2)—

(i)P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as a domestic elite sportsperson returning to England from competing in an elite sports event or participating in training for an Olympic or Paralympic event,

(ii)P travels directly to, and remains in any place where P is self-isolating, apart from when P is travelling to or from, or attending the location of, an elite sports event in which they are competing or training for an elite sports event, or travelling between different locations where such an elite sports event or training for an elite sports event is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with any other domestic elite sportspersons or international elite sportspersons who are competing in or training for that elite sports event or with domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event,

(zc)where P is a domestic elite sportsperson of a kind described in paragraph (c)(ii) of the definition of that expression in sub-paragraph (2)—

(i)P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as a domestic elite sportsperson who has travelled to England to participate in training for or to compete in an elite sports event,

(ii)P travels directly to, and remains in any place where P is self-isolating, apart from when P is travelling to or from, or attending the location of an elite sports event in which they are competing or training for an elite sports event, or travelling between different locations where such an elite sports event or training for an elite sports event is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with any other domestic elite sportspersons or international elite sportspersons who are competing in or training for that elite sports event or with domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event,

(zd)where P is a domestic ancillary sportsperson—

(i)P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as a domestic ancillary sportsperson returning to England having been involved in the running of an elite sports event or the support of a domestic elite sportsperson,

(ii)P travels directly to, and remains in any place where P is self-isolating, apart from when P—

(aa)is travelling to or from, or attending the location of, any place in which P’s presence is essential to the running of an elite sports event,

(bb)is travelling to or from, or attending the location of, any place in which P provides essential support to a domestic elite sportsperson who is competing in or training for an elite sports event,

(cc)is travelling between different locations where any activity described in paragraph (aa) or (bb) is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with domestic elite sportspersons or international elite sportspersons who are competing in or training for that elite sports event or with domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event,]

(a)where P is an international elite sportsperson—

(i)P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as an international elite sportsperson attending a specified competition,

(ii)P travels directly to, and remains in any place where P is self-isolating, apart from when P is travelling to or from, or attending the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified competition is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with any other international elite sportspersons or domestic elite sportspersons who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition, and

(b)where P is an international ancillary sportsperson—

(i)P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as an international ancillary sportsperson attending a specified competition,

(ii)P travels directly to and remains in the place where P will be self-isolating apart from when P is travelling to or from, or attending the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified competition is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with international elite sportspersons or domestic elite sportspersons who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition.

Textual Amendments

40.  F245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]E+W

Textual Amendments

F24640A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F24741.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F24842.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F24943.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F25044.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F25145.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F25246.—(1) A person who has travelled to the United Kingdom for the purposes of essential work carried out for or on behalf of the nominated undertaker.E+W

(2) For the purposes of sub-paragraph (1)—

(a)“essential work” means work which has been designated as such by the Secretary of State for Transport and includes, in particular, work done or required for Phase One purposes as defined in section 67 of the High Speed Rail (London-West Midlands) Act 2017,

(b)“nominated undertaker” is the person appointed by article 2(1) of the High Speed Rail (London-West Midlands) (Nomination) Order 2017.]

Textual Amendments

Regulation 4(8A), (9) and (13A)

[F253SCHEDULE 2AE+W [F254[F255Optional testing] after arrival in England]

Textual Amendments

Application of this ScheduleE+W

1.  A person who is required by regulation 4(2) to self-isolate [F256other than in accordance with Schedule B1A] (“P”) may undertake an appropriate test in the circumstances described in paragraph 4 for the purposes of determining whether they may cease self-isolating (as provided for in regulation 4(13A)).

Textual Amendments

Appropriate testsE+W

2.—(1) A test is an “appropriate test” where—

(a)it is a test for the detection of coronavirus,

(b)the manufacturer of any device used for the purposes of the test states that the device has—

[F257(i)a sensitivity greater than 95% (with 95% two-sided confidence interval entirely above 90%);]

[F258(ii)a specificity greater than 95% (with 95% two-sided confidence interval entirely above 90%);] F259...

(iii)a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, [F260and]

[F261(iv)uses an established molecular detection method,]

(c)any device used for the purposes of the test—

(i)can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations,

(ii)has been validated no more than 18 months before the test is administered or provided to P,

F262(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)it is not a test provided or administered under the National Health Service Act 2006, the National Health Services (Wales) Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972, and

(e)the test provider complies with paragraph 3.

(2) For the purposes of sub-paragraph (1)—

F263(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F264(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F265(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)“validated”, in relation to a device, means confirmed as having [F266the 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,

(ii)the National Institute for Health and Care ExcellenceF267, or

(iii)a laboratory which is accredited by the United Kingdom Accreditation ServiceF268 (“UKAS”) to ISO standard 15189 or ISO/IEC standard 17025F269, other than a laboratory which processes tests provided by the test provider for the purposes of this Schedule or is owned by the test provider [F270or the device manufacturer].

Textual Amendments

F267A body corporate established under section 232 of the Health and Social Care Act 2012 (c. 7).

F268The United Kingdom Accreditation Service is a company limited by guarantee incorporated in England and Wales under number 3076190.

F269ISO standards are published in Geneva by the International Organisation for Standardisation, and are available on their website (www.iso.org) or at ISO Central Secretariat, International Organization for Standardization (ISO), 1 rue de Varembé, Case postale 56, CH-1211, Geneva 20, Switzerland. ISO/IEC 17025 General requirements for the competence of testing and calibration laboratories was published in November 2017.

Test providersE+W

3.—(1) A test provider complies with this paragraph where—

(a)they provide appropriate tests in a single end-to-end testing service (whether or not they arrange with another person (“X”) for X to provide one or more elements of the service on their behalf),

(b)they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/PrivateSectorSelfDeclaration,

(c)in relation to a test which requires laboratory processing—

(i)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189F271 or ISO/IEC standard 17025F269, in respect of the taking of samples, and

(ii)the laboratory used by the test provider for the processing of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025F269, in respect of the processing of samples,

(d)in relation to a point of care test, they meet the relevant requirements for accreditation to ISO standard 15189F272 and ISO standard 22870F273,

(e)a registered medical practitioner has oversight and approval of medical practices undertaken by the test provider, and responsibility for reporting medical issues,

(f)they have an effective system of clinical governance in place which includes appropriate standard operating procedures in relation to the carrying out of appropriate tests,

(g)a registered clinical scientist has oversight of clinical practices undertaken by the test provider, and responsibility for reporting clinical issues,

(h)they have systems in place to identify any adverse incidents or quality control issues in relation to appropriate tests and be able to report them as soon as reasonably practicable to the Secretary of State,

(i)they administer or provide an appropriate test to P, no earlier than the end of the fourth day after the day on which P last departed from or transited through a non-exempt country or territory, having received the information required by paragraph 4(b) and (c) (as appropriate), and

(j)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with any of paragraphs (c) to (i) and 5(2), (3) and (5) as is relevant to the carrying out of that element.

(2) For the purposes of sub-paragraph (1)—

(a)“point of care test” means a test processed outside a laboratory environment,

(b)“registered clinical scientist” means a person registered as a clinical scientist with the Health and Care Professions Council pursuant to article 5 of the Health Professions Order 2001,

(c)“single end-to-end testing service” means a service which comprises accepting the booking from the person to be tested, collecting and processing the sample to be tested, and providing the test result to P.

(3) For the purposes of sub-paragraph (1)(c) and (d), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where that person, or in the case of a laboratory where the person who is the operator of the laboratory—

(a)has made a valid application for accreditation to UKAS (“stage one”), and

(b)complies with the requirements of sub-paragraph (4) where relevant.

(4) The requirements of this sub-paragraph are that—

(a)in the case of a person who completed stage one—

(i)before 15th December 2020 and who is carrying out a test after 18th January 2021,

(ii)on or after 15th December 2020 and who is carrying out a test after whichever is the later of—

(aa)18th January 2021, and

(bb)the date four weeks after the date on which they completed stage one,

they have complied with the requirements published by UKAS in relation to accreditation to that standard at http://www.ukas.com/C19-Stage2-UKAS-Appraisal (“stage two”),

(b)in the case of a person who completed stage two—

(i)on or before 18th January 2021 and who is carrying out a test on or after 1st July 2021,

(ii)after 18th January 2021 and who is carrying out a test on or after whichever is the later of—

(aa)1st July 2021, and

(bb)the date four months after the date on which they completed stage two,

they are accredited by UKAS to that standard.

Textual Amendments

F269ISO standards are published in Geneva by the International Organisation for Standardisation, and are available on their website (www.iso.org) or at ISO Central Secretariat, International Organization for Standardization (ISO), 1 rue de Varembé, Case postale 56, CH-1211, Geneva 20, Switzerland. ISO/IEC 17025 General requirements for the competence of testing and calibration laboratories was published in November 2017.

F271ISO standards are published in Geneva by the International Organisation for Standardisation, and are available on their website (www.iso.org) or at ISO Central Secretariat, International Organization for Standardization (ISO), 1 rue de Varembé, Case postale 56, CH-1211, Geneva 20, Switzerland. ISO 15189 Medical Laboratories requirements for quality and competence was published in November 2012.

F272ISO 15189 Medical Laboratories requirements for quality and competence was published in November 2012.

F273ISO 22870 Point-of-care testing (POCT) requirements for quality and competence was published in November 2016.

Required circumstances for undertaking testingE+W

4.  The circumstances mentioned in paragraph 1 are that—

(a)P undertakes the test on or after the fifth day after the day on which P [F274arrived in England],

(b)subject to paragraphs (c) and (d), at the time the test is booked P notifies the test provider that P wishes to undertake the test for the purposes of determining whether they may cease self-isolating under these Regulations, and provides the test provider with—

(i)their full name,

(ii)their sex,

(iii)their date of birth,

(iv)their NHS number (if known and applicable),

(v)their ethnicity,

(vi)their home address, and the address or addresses at which they intend to self-isolate in accordance with regulation 4 while in England (if different),

(vii)the date of their arrival in the United Kingdom,

(viii)their coach number, flight number or vessel name (as appropriate),

(ix)the date on which they last departed from or transited through a non-exempt country or territory,

(x)the country or territory they were travelling from when they arrived in the United Kingdom, and any country or territory they transited through as part of that journey,

(xi)their email address,

(xii)their telephone number,

(xiii)their passport number, or travel document reference number (as appropriate),

(c)where P is a child, or a person with a disability who is unable for that reason to provide the notification and information set out in paragraph (b) to the test provider—

(i)the notification and information set out in paragraph (b), other than in paragraph (b)(xi) and (xii), is provided to the test provider on P’s behalf by another person (“X”), and

(ii)either the information set out in paragraph (b)(xi) and (xii) is provided by X to the test provider or, where appropriate, X provides their own telephone number and email address to the test provider,

(d)at the time the test is booked the test provider gives P a test reference number and, where appropriate, also provides that test reference number to X.

Textual Amendments

Notification of test resultsE+W

5.—(1) Sub-paragraphs (2) to (6) apply to a test provider who administers or provides an appropriate test to P in the circumstances described in paragraph 4.

(2) The test provider must, within 24 hours of the result becoming available—

(a)notify P or, where paragraph 4(c) applies, X by email, letter, or text message, of the result of P’s test, or

(b)make P’s test result available to P, or to X where paragraph 4(c) applies, via a secure web portal,

in accordance with sub-paragraph (3).

(3) The notification of P’s test result must include P’s name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the test provider and P’s test reference number, and must be conveyed using one of the following forms of words, as appropriate—

Form A: negative test result

Your coronavirus test result is negative. You did not have the virus when the test was done. If you are self-isolating as an international arrival you may stop self-isolating.

You should self-isolate if:

  • you get symptoms of coronavirus (you should get an NHS coronavirus test and self-isolate until you get the results)

  • you are going into hospital (self-isolating until the date you go in)

  • someone you live with tests positive

  • you have been traced as a contact of someone who tested positive

For advice on when you might need to self-isolate and what to do, go to www.nhs.uk/conditions/coronavirus-covid-19 and read ‘Self-isolation and treating symptoms’.

It is a legal requirement to self-isolate when you arrive in the UK from a non-exempt country, territory or region. If you are contacted by the enforcement authorities or the police after you have received this negative result please show them this notification.

Form B: positive test result

Your coronavirus test result is positive. You had the virus when the test was done.

If you have not had symptoms of coronavirus, you must self-isolate for 10 days from [F275the day after your test date]. If you have symptoms of coronavirus, you must self-isolate for 10 days from the day your symptoms started, if earlier than when you took your test.

People you live with or are travelling with should also self-isolate for 10 days from [F276the day after you] took the test.

You may be contacted for contact tracing and to check that you, and those who you live or are travelling with, are self-isolating.

You must not travel, including to leave the UK, during self-isolation.

Contact 111 if you need medical help. In an emergency dial 999.

Form C: unclear test result

Your coronavirus test result is unclear. It is not possible to say if you had the virus when the test was done.

You must, by law, continue self-isolating for the remainder of your self-isolation period as an international arrival travelling to the UK from a non-exempt country, territory or region. You may be contacted to check that you are self-isolating.

If you want to shorten your self-isolation period you will need to take another test for international arrivals. For more information, go to https://www.gov.uk/guidance/coronavirus-covid-19-test-to-release-for-international-travel.

(4) The test provider must, on request, provide a constable or any other person employed in or for the purposes of any police force, with—

(a)P’s passport number, or travel document reference number (as appropriate),

(b)P’s test result,

(c)the date on which P undertook the test,

(d)the date on which the test result was notified or made available to P or X in accordance with sub-paragraphs (2) and (3).

(5) Where—

(a)regulation 4 or 4A of the Health Protection (Notification) Regulations 2010 applies in relation to the test provider, or

(b)if the test provider arranges with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, either of those regulations applies to X in the carrying out of that element,

the regulation applies as if it required the information described in sub-paragraph (6) to be included in the notification to Public Health England.

(6) The information mentioned in sub-paragraph (5) is—

(a)the date on which P last departed from or transited through a non-exempt country or territory,

(b)P’s coach number, flight number or vessel name (as appropriate),

(c)the country or territory P was travelling from when P arrived in the United Kingdom, and any country or territory they transited through as part of that journey,

(d)the date on which P undertook the appropriate test.]

Textual Amendments

Regulation 3A

[F277SCHEDULE 2BE+WTesting before arrival in England

Textual Amendments

1.  A test complies with this paragraph if—E+W

(a)it is a test for the detection of coronavirus undertaken using a device which the manufacturer states has—

(i)a sensitivity of at least 80%,

(ii)a specificity of at least 97%, and

(iii)a limit of detection of less than or equal to 100,000 SARS-CoV-2 copies per millilitre,

(b)it is not a test provided or administered under the National Health Service Act 2006, the National Health Services (Wales) Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972, and

(c)the test sample is taken from the person no more than three days before—

(i)in the case of that person travelling to England on a commercial transport service, the service’s scheduled time of departure, or

(ii)in any other case, the actual time of departure of the vessel or aircraft on which that person is travelling to England.

2.  Notification of a negative test result must include, in English, French or Spanish, the following information—E+W

(a)the name of the person from whom the sample was taken,

(b)that person’s date of birth or age,

(c)the negative result of the test,

(d)the date the test sample was collected or received by the test provider,

(e)the name of the test provider and information sufficient to contact that provider,

[F278(f)a statement—

(i)that the test was a polymerase chain reaction test, or

(ii)of the name of the device that was used for the test.]

Textual Amendments

3.—(1) The persons referred to in regulation 3A(5)(c) (and not required to comply with that regulation) are—E+W

(a)a person (“P”) described in—

(i)paragraph 13(1)(b) of Schedule 2 where, prior to P’s departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with regulation 3A, or

(ii)paragraph 13A of Schedule 2 where, prior to P’s departure to the United Kingdom, the relevant Department has also certified that they are not required to comply with regulation 3A,

(b)a crown servant or government contractor (“C”) who is required to undertake essential policing or essential government work in the United Kingdom or is returning from conducting such work outside the United Kingdom where, prior to C’s departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with regulation 3A,

(c)a representative (“R”) of a foreign country or territory, or of the government of a British overseas territory, travelling to the United Kingdom to conduct official business with the United Kingdom where, prior to R’s departure to the United Kingdom—

(i)the relevant head of the mission, consular post, or office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign Commonwealth and Development Office that R is required to undertake work which is essential to the foreign country represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory, and

(ii)the Foreign Commonwealth and Development Office has then confirmed in writing to the person giving the notification in sub-paragraph (i) that—

(aa)it has received that confirmation, and

(bb)R is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 3A,

(d)a worker with specialist technical skills, where those specialist technical skills are required for emergency works or services (including commissioning, maintenance, and repairs and safety checks) to ensure the continued production, supply, movement, manufacture, storage or preservation of goods or services, where they have travelled to the United Kingdom in the course of their work or otherwise to commence or resume their work ,

F279(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In sub-paragraph (1)—

“consular post” has the meaning given in paragraph 1(3) of Schedule 2;

“crown servant”, “essential government work”, “essential policing” and “government contractor” have the meaning given in paragraph 13(2) of Schedule 2.]

Textual Amendments

Regulation 3B(9)

[F280SCHEDULE 2CE+WMandatory testing after arrival in England

Textual Amendments

Interpretation of Schedule 2CE+W

1.—(1) In this Schedule—

(a)“default self-isolation period” means—

(i)in the case of a non-Schedule B1A arrival, the period specified in paragraph (7)(a) of regulation 4 (requirement to self-isolate);

(ii)in the case of a Schedule B1A arrival, the period specified in paragraph 10(a) of Schedule B1A;

(b)“mandatory test” means a day 2 test or a day 8 test within the meaning of regulation 3B(11);

(c)“non-Schedule B1A arrival” means a person to whom paragraph (1)(a) or (b) of regulation 4 applies;

(d)“P” means, subject to paragraph 13, a person required to undertake a mandatory test under regulation 3B (requirement to book and undertake tests);

(e)“private provider” means a test provider other than a public provider;

(f)“public provider” means a test provider who provides or administers a test under the National Health Service Act 2006, the National Health Services (Wales) Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972;

(g)“relevant self-isolation provisions” means—

(i)in relation to a Schedule B1A arrival, regulation 4 and Schedule B1A;

(ii)in relation to a non-Schedule B1A arrival, regulation 4;

(h)“Schedule B1A arrival” means a person to whom Schedule B1A (additional measures) applies;

(i)“the Self-Isolation Regulations” means the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020.

(2) Where this Schedule requires P to continue to self-isolate in accordance with the relevant self-isolation provisions—

(a)regulation 6 (offences and penalties) applies in relation to that requirement as it applies in relation to the relevant self-isolation provisions;

(b)such a requirement to self-isolate does not apply in respect of a person exempt from regulation 4.

Requirement to self-isolate on failure to undertake a mandatory testE+W

2.—(1) This paragraph applies where—

(a)either—

(i)P fails to undertake a day 2 test, or

(ii)P’s day 2 test generates a negative or inconclusive result, and

(b)P fails to undertake a day 8 test.

(2) Subject to sub-paragraph (3), P must continue to self-isolate in accordance with the relevant self-isolation provisions until the end of the 14th day after the day on which they arrived in England.

(3) Where P undertakes a test to which paragraph 3(7)(b) applies and which generates—

(a)a positive result, paragraph 3(1) applies as if the test were a mandatory test;

(b)a negative result, paragraph 3(4) applies as if—

(i)P had taken both a day 2 test and a day 8 test, and

(ii)both tests had generated a negative result.

Consequences of test resultsE+W

3.—(1) Subject to paragraphs 4 (optional tests) and 5 (tests other than in accordance with these Regulations), where a mandatory test undertaken by P in accordance with regulation 3B generates a positive result—

(a)the following do not apply in relation to P—

(i)regulation 4(9)(a) or, as the case may be, paragraph 13(1)(a) of Schedule B1A (leaving self-isolation to travel in order to leave England);

(ii)subject to sub-paragraph (2), regulation 2 (requirements on person notified of positive test) of the Self-Isolation Regulations, and

(b)P and, subject to sub-paragraph (3), any person who is self-isolating with P must continue to self-isolate in accordance with the relevant self-isolation provisions until the end of the 10th day after the day P undertook the test.

(2) Regulation 2 of the Self-Isolation Regulations continues to apply to a person within regulation 3B(1)(b) [F281or (1A)].

(3) Where a person (“B”) is self-isolating with P pursuant to the relevant self-isolation provisions, the requirement to self-isolate under sub-paragraph (1)(b) does not apply to B where—

(a)the test referred to in sub-paragraph (1) is P’s day 8 test, and

(b)B undertook a day 2 test that generated a positive result.

(4) Subject to paragraph 4, where P’s day 2 test and day 8 test both generate a negative result, P must continue to self-isolate in accordance with the relevant self-isolation provisions until the later of—

(a)the end of the default self-isolation period;

(b)the day on which P receives the result of their day 8 test.

(5) Where a mandatory test undertaken by P generates an inconclusive result P must continue to self-isolate in accordance with the relevant self-isolation provisions—

(a)until the end of the 10th day after the day P undertook the test,

(b)where P undertakes a test to which sub-paragraph (7) applies and the test generates a negative result, until the later of—

(i)the end of the default self-isolation period;

(ii)the day on which P receives the negative result, or

(c)where P undertakes a test to which sub-paragraph (7) applies and the test generates a positive result, until the end of the 10th day after the day P undertook the test.

(6) Where sub-paragraph (5)(c) applies, P is not required to undertake a day 8 test in accordance with regulation 3B.

(7) This sub-paragraph applies to—

(a)a day 8 test;

(b)a test—

(i)complying with the requirements for a day 8 test specified in paragraphs 8 and 9 (other than the requirement in paragraph 9(1)(e) that the test be administered or provided to P no earlier than the end of the seventh day after the day on which P arrived in England),

(ii)undertaken in the circumstances specified in paragraph 10 (other than the circumstances in paragraph 10(2) about when a test must be undertaken), and

(iii)undertaken during the period specified in sub-paragraph (5)(a).

Textual Amendments

Optional testsE+W

4.—(1) This paragraph applies where P—

(a)is a non-Schedule B1A arrival, and

(b)undertakes a day 2 test which generates a negative or inconclusive result.

(2) P may undertake a test in accordance with Schedule 2A (optional testing after arrival in England), and, where the test generates a negative result, regulation 4(13A) applies in relation to P for the purpose of determining when P ceases to be required to self-isolate.

(3) P must in any event undertake the day 8 test booked in accordance with regulation 3B.

(4) Where P ceases to be required to self-isolate under these Regulations in accordance with regulation 4(13A), paragraph 3(1), (4) and (5) do not apply in relation to P’s day 8 test.

Tests other than in accordance with these RegulationsE+W

5.—(1) This paragraph applies where—

(a)P is a non-Schedule B1A arrival,

(b)P undertakes a day 2 test which generates a negative result,

(c)while P is self-isolating under these Regulations, P subsequently undertakes a test other than in accordance with these Regulations, and

(d)P is notified that such test generates a positive result.

(2) P ceases to be required to self-isolate in accordance with these Regulations, and regulation 2 of the Self-Isolation Regulations applies in relation to P.

Day 2 tests: general test requirementsE+W

6.—(1) For the purposes of regulation 3B(11)(a), a day 2 test complies with this paragraph where—

(a)it is a test provided by a public provider, or

(b)it is a test provided by a private provider—

[F282(i)in respect of—

(aa)a non-Schedule B1A arrival, on or after 1st March 2021;

(bb)a Schedule B1A arrival, on 1st or 2nd March 2021 or on or after 26th April 2021,]

(ii)where the test complies with sub-paragraph (2), and

(iii)where the private provider complies with paragraph 7.

(2) A test complies with this sub-paragraph where—

(a)it is a semi-quantitative test for the detection of coronavirus which—

(i)targets a minimum of two distinguishable SARS-CoV-2 genes other than the S gene and performance reference controls,

(ii)includes routine in silico assurance against every variant of concern, and

(iii)produces a test solution that provides extracted nucleic acid that is suitable for whole genome sequencing using a specified method,

(b)it is, in relation to a Schedule B1A arrival, a test that can be self-administered,

(c)the manufacturer of any device used for the purposes of the test states that the device—

(i)uses an established molecular detection method,

(ii)has a specificity and a sensitivity greater than 99% (with a 95% two-sided confidence interval entirely above 97%),

(iii)has a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, and

(iv)is suitable for identifying every variant of concern, and

(c)any device used for the purposes of the test—

(i)can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations, and

(ii)has been validated no more than 18 months before the test is administered or provided to P.

(3) For the purposes of sub-paragraph (2)—

(a)“specified method” means a targeted sequence method specific to SARS-CoV-2 or an equivalent—

(i)amplicon method, or

(ii)sequence bait capture method;

(b)“validated”, in relation to a device, has the meaning given by paragraph 2(2)(d) of Schedule 2A;

(c)“variant of concern” means a variant of SARS-CoV-2 identified in a designation made by the Secretary of State for the purposes of this paragraph and published in a manner as appears to the Secretary of State to be appropriate.

Textual Amendments

Day 2 tests: private provider requirementsE+W

7.—(1) For the purposes of paragraph 6(1)(b)(iii), a private provider complies with this paragraph where—

(a)they comply with the requirements of paragraph 3(1)(a) and (e) to (h) of Schedule 2A as if any reference in those provisions to an appropriate test were a reference to a day 2 test,

(b)they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting,

(c)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples,

(d)the laboratory used by the test provider for the processing of samples meets the relevant requirements for accreditation to—

(i)in respect of the evaluation of the established molecular detection method, ISO standard 15189 or ISO/IEC standard 17025;

(ii)in respect of the genome sequencing of samples, ISO standard 15189,

(e)they receive the information required by paragraph 10(3) or (4) (as appropriate), and they administer or provide the test to P no later than the end of the second day after the day on which P arrived in England,

[F283(ea)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, and

(ii)in relation to each test sold on that day, the date of the arrival in England of the person in respect of whom the test was sold,]

(f)they sequence each sample with a cycle threshold less than 30 (equivalent to ~1,000 viral genome copies per millilitre),

(g)in respect of the sequencing of samples, they must secure a reference genome coverage breadth of at least 50% and at least 30 times coverage,

(h)on a request by the Secretary of State or the COVID-19 Genomics UK Consortium, they make samples available for the purpose of dual sequencing,

(i)they preserve and transport samples in a manner that enables genome sequencing,

(j)they have in place a process to remove human reads from any data submitted in a notification to Public Health England pursuant to the Health Protection (Notification) Regulations 2010, and

[F284(k)]if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i)paragraph 3(1)(e) to (h) of Schedule 2A as applied by sub-paragraph (1)(a);

(ii)sub-paragraph (1)(c) to [F285(j)];

(iii)paragraph 11(2), (3) and (4).

(2) For the purposes of sub-paragraph (1)(h), “single end-to-end testing service” has the meaning given in paragraph 3(2)(c) of Schedule 2A.

(3) For the purposes of sub-paragraph (1)(c) and (d), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of regulation 6 of the Health Protection (Coronavirus, Testing Requirements and Standards) (England) Regulations 2020 as if—

(a)a reference to an applicable test were a reference to a day 2 test;

(b)a reference to a test provider were a reference to a private provider.

Textual Amendments

Day 8 tests: general test requirementsE+W

8.—(1) For the purposes of regulation 3B(11)(b), a day 8 test complies with this paragraph where—

(a)it is a test provided by a public provider, or

(b)it is a test provided by a private provider—

[F286(i)in respect of—

(aa)a non-Schedule B1A arrival, on or after 1st March 2021;

(bb)a Schedule B1A arrival, on 1st or 2nd March 2021 or on or after 26th April 2021,]

(ii)where the test complies with sub-paragraph (2), and

(iii)where the private provider complies with paragraph 9.

(2) A test complies with this sub-paragraph where—

(a)it is a semi-quantitative test for the detection of coronavirus which targets a minimum of two distinguishable SARS-CoV-2 genes other than the S gene and performance reference controls,

(b)it is, in relation to a Schedule B1A arrival—

(i)a test which requires laboratory processing, and

(ii)a test which can be self-administered,

(c)the manufacturer of any device used for the purposes of the test states that the device—

(i)uses an extracted molecular method,

(ii)has a specificity and a sensitivity greater than 95% (with a 95% two-sided confidence interval entirely above 90%), and

(iii)has a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, and

(d)any device used for the purposes of the test—

(i)can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations, and

(ii)has been validated no more than 18 months before the test is administered or provided to P.

(3) For the purposes of sub-paragraph (2) “validated”, in relation to a device, has the meaning given by paragraph 2(2)(d) of Schedule 2A.

Textual Amendments

Day 8 tests: private provider requirementsE+W

9.—(1) For the purposes of paragraph 8(1)(b)(iii), a private provider complies with this paragraph where—

(a)they comply with the requirements of paragraph 3(1)(a) and (e) to (h) of Schedule 2A as if any reference in those provisions to an appropriate test were a reference to a day 8 test,

(b)they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting,

(c)in relation to a test which requires laboratory processing—

(i)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples, and

(ii)the laboratory used by the test provider for the processing of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the processing of samples,

(d)in relation to a point of care test, they meet the relevant requirements for accreditation to ISO Standard 15189 and ISO standard 22870,

(e)they receive the information required by paragraph 10(3) or (4) (as appropriate), and they administer or provide the test to P no earlier than the end of the seventh day after the day on which P arrived in England,

[F287(ea)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, and

(ii)in relation to each test sold on that day, the date of arrival in England of the person in respect of whom the test was sold,]

(f)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i)paragraph 3(1)(e) to (h) of Schedule 2A as applied by sub-paragraph (1)(a);

(ii)sub-paragraph (1)(b) to [F288(ea)];

(iii)paragraph 11(2), (3) and (4).

(2) For the purposes of sub-paragraph (1)(f), “single end-to-end testing service” has the meaning given in paragraph 3(2)(c) of Schedule 2A.

(3) For the purposes of sub-paragraph (1)(c) and (d), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of regulation 6 of the Health Protection (Coronavirus, Testing Requirements and Standards) (England) Regulations 2020 as if—

(a)a reference to an applicable test were a reference to a day 8 test;

(b)a reference to a test provider were a reference to a private provider.

Textual Amendments

Required circumstances for undertaking a day 2 test or a day 8 testE+W

10.—(1) The circumstances mentioned in regulation 3B(11)(a) and (b) are as follows.

(2) In relation to—

(a)a day 2 test, P undertakes the test no later than the end of the second day after the day on which P arrived in England;

(b)a day 8 test, P undertakes the test no earlier than the end of the seventh day after the day on which P arrived in England.

(3) Subject to sub-paragraph (4), at the time the test is booked P notifies the test provider that P is to undertake the test under these Regulations, and provides the test provider with—

(a)the information set out in paragraph 4(b)(i) to (v) and (vii) to (xiii) of Schedule 2A, and

(b)their home address, and—

(i)where P is a person to whom regulation 4(1)(a) or (b) applies, the address or addresses at which they intend to self-isolate, or are self-isolating, in accordance with regulation 4 (if different from their home address), or

(ii)where P is a person to whom regulation 4(1)(d) applies, the address of the accommodation designated for the purposes of Schedule B1A.

(4) Where P is a child, or a person with a disability who is unable for that reason to provide the notification and information set out or referred to in sub-paragraph (3) to the test provider—

(a)the notification and information set out or referred to in sub-paragraph (3), other than the information set out in paragraph 4(b)(xi) and (xii) of Schedule 2A, is provided to the test provider on P’s behalf by another person (“Y”), and

(b)either the information set out in paragraph 4(b)(xi) and (xii) of Schedule 2A is provided by Y to the test provider or, where appropriate, Y provides their own telephone number and email address to the test provider.

(5) At the time the test is booked the test provider gives P a test reference number and, where appropriate, also provides that test reference number to Y.

Notification of test resultsE+W

11.—(1) This paragraph applies to a private provider who administers or provides a test to P in the circumstances described in paragraph 10.

(2) The private provider must, within 24 hours of the result becoming available—

(a)notify P or, where paragraph 10(4) applies, Y by email, letter, or text message, of the result of P’s test, or

(b)make P’s test result available to P, or where paragraph 10(4) applies, to Y via a secure web portal,

in accordance with sub-paragraph (3).

(3) The notification of P’s test result must include P’s name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the test provider and P’s test reference number, and must be conveyed using one of the following forms of words, as appropriate—F289

(4) Where—

(a)regulation 4 or 4A of the Health Protection (Notification) Regulations 2010 applies in relation to the test provider, or

(b)if the test provider arranges with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, either of those regulations applies to X in the carrying out of that element,

the regulation applies as if it required the information described in sub-paragraph (5) to be included in the notification to Public Health England.

(5) The information mentioned in sub-paragraph (4) is—

(a)the date on which P last departed from or transited through a non-exempt country or territory,

(b)P’s coach number, flight number or vessel name (as appropriate),

(c)the country or territory P was travelling from when P arrived in England, and any country or territory they transited through as part of that journey,

(d)the date on which P undertook the appropriate test.

Textual Amendments

F289Sch. 2C para. 11(3) Form C: in the second paragraph, the words “starting the day after your test date” are substituted for “from the day you took the test” (3.3.2021) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/223), regs. 1(2), 9(6)

Charge for day 2 tests and day 8 testsE+W

12.—(1) The Secretary of State or a person designated by the Secretary of State may impose a charge in respect of mandatory tests provided by a public provider.

(2) The Secretary of State—

(a)must publish details of the charges in such manner as the Secretary of State considers appropriate; and

(b)may recover any sum owed by a person pursuant to such a charge as a debt.

Application of regulation 3B – exclusion of certain diplomatic etc. personnelE+W

13.—(1) Regulation 3B does not apply where P is—

(a)a person described in paragraph 1(1)(a) to (h) or (k) of Schedule 2 or a member of the family forming part of their household;

(b)a person described in paragraph 1(1)(i) or (j) of Schedule 2 where the conditions in sub-paragraph (2) are met;

(c)a member of the family forming part of the household of a person to whom paragraph (b) applies, where—

(i)the conditions in sub-paragraph (2) are met in relation to the person to whom paragraph (b) applies,

(ii)the Foreign, Commonwealth and Development Office has been notified of P’s arrival, and

(iii)the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with regulation 3B;

[F290(d)a person described in paragraph 13(1)(a) or (b) of Schedule 2 where the relevant Department has certified that P meets this description and is not required to comply with regulation 3B;

(e)a person described in paragraph 13A of Schedule 2 where the relevant Department has certified that P is not required to comply with regulation 3B].

(2) The conditions specified in this sub-paragraph are that, prior to P’s departure to the United Kingdom—

(a)the relevant head of the mission, consular post, or office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake work in the United Kingdom which is essential to the [F291foreign country represented by the mission] or consular post, the foreign territory represented by the office or the British overseas territory, and

(b)the Foreign, Commonwealth and Development Office has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that—

(i)it has received that confirmation, and

(ii)P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with [F292regulation 3B].

(3) Where a word or expression is defined for the purposes of Schedule 2 and is used in this paragraph, the same definition applies for the purposes of this paragraph.]

Textual Amendments

Schedule 2 paragraph 39(2)

[F293SCHEDULE 3E+W

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Betfred Super League Rugby Football League fixtures

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England & Wales Cricket Board International Cricket Fixtures

European Professional Club Rugby Fixtures

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FIH Pro League hockey fixtures

Football Association International Fixtures

Guinness PRO14 Rugby Football Union Fixtures

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Matchroom – Boxing Championship Matches

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Olympic, Paralympic and Commonwealth Games Qualification Events

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Professional Darts Corporation – Players Championship

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Rugby Football Union international fixtures

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UEFA Champions League and Europa League fixtures

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[F323Cage Warriors Trilogy Series

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England & Wales Cricket Board - T20 Blast

England & Wales Cricket Board - The Rachael Heyhoe Flint

Matchroom – Championship League Snooker Tournament]

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International Championship Boxing - Queensberry Promotions

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Motorsport UK - British Kart Championships

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[F345International Boxing Championship Matches – MTK Promotions

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Yonex All England Open Badminton Championships

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GB Taekwondo Fight Night I – International Taekwondo, Para Taekwondo and Karate Event

GB Taekwondo Fight Night II – International Taekwondo, Para Taekwondo and Karate Event

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Curling Euro Super Series

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Matchroom – World Pool Championship

Hennessy Sports – International Boxing Championship Matches

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[F368British Swimming International Meet

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Motorsport UK - British Rallycross Championship and Support Championship

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Professional Darts Corporation - Unibet Premier League

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Textual Amendments

Betfair Hurdle Day horse-racing

Billie Jean King Cup Play-offs by BNP Paribas - Great Britain v Mexico

F376...

Textual Amendments

F377...

Textual Amendments

GB Taekwondo Olympic and Paralympic Test Matches

F378...

Textual Amendments

Imperial Cup meeting horse-racing

Lincoln Handicap meeting horse-racing

Matchroom - Championship League Pool

F379...

Textual Amendments

F380...

Textual Amendments

Midlands National meeting horse-racing

Modern Pentathlon Test Event

Para Powerlifting World Cup

Professional Darts Corporation - Challenge Tour

Professional Darts Corporation - Development Tour

Professional Darts Corporation - UK Open

Rugby League Betfred Championship

F381...

Textual Amendments

The Festival at Cheltenham horse-racing

Wheelchair Rugby Quad Nations

Women’s Invitational International Football Tournament (hosted by the FA)

World Snooker Tour - Pro Tour Series

World Snooker Tour - Gibraltar Open

World Snooker Tour - Tour Championship]

[F382All-Weather Finals Day horse-racing

Textual Amendments

Aintree Grand National Meeting horse-racing

Boxing Road to Tokyo

British Dressage – Keysoe International

British Eventing Elite Pathways Events

British Showjumping’s Winter Classic series qualifiers

Burnham Market International

Cage Warriors 120

Challenger Series Finals Day horse-racing

Cheltenham April Meeting horse-racing

Classic Trial Day & Jumps Finale Day horse-racing

Craven Meeting horse-racing

Greenham Meeting horse-racing

International Boxing - Dennis Hobson Promotions

Manchester Squash Open 2021

Matchroom - World Pool Masters

F383...

Textual Amendments

Scottish National Meeting horse-racing

Super League Triathlon Arena Games London

Track Cycling Nations Cup

Vitality Big Half

World Snooker Tour - Betfred World Championship (including qualifiers)]

[F384British Athletics - 20km Race Walk Olympic Trial

Textual Amendments

British Wrestling - Home Nations Invitational Tournament

LTA Loughborough Indoor Wheelchair Tennis Tournament

FIA World Endurance Championship Prologue and Round 1 Silverstone

British Para Athletics Sprint Meet

Motorsport UK - HSCC Formula 2 Championship Masters Historic Race Weekend

Motorsport UK - British Superkart Championship and Support Series

Motorsport UK - British Truck Racing Championship

British Equestrian - International Dressage Events

British Para Swimming International Meet

Cage Warriors 121

Badminton Horse Trials

European Tour - Betfred British Masters

Motorsport UK - GT World Challenge Europe Sprint Cup and Support Series

Motorsport UK - Donington Historic Festival

Motorsport UK - British Touring Car Championship and Support Series

Motorsport UK - Ferrari Challenge UK and Support

Motorsport UK - British GT Championship and Support Series / Porsche Sprint Challenge GB and Support Series

Motorsport UK - Master Historic F1 / Sports Cars and Support Series

Motorsport UK - FIA Main Event 2021 and Support Series

England Hockey Pro League

FIM Speedway Grand Prix World Championship - Qualifying Round

Royal Windsor Horse Show

Bolesworth International Horse Show

British Speedway Premiership, Championship and National Development Leagues

The 2020 UEFA European Football Championship]]

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose requirements on people arriving in England from outside the common travel area (that is, the open borders area comprising the United Kingdom, the Republic of Ireland, the Isle of Man, and the Channel Islands), in order to prevent the spread of infection or contamination from coronavirus or coronavirus disease.

The Regulations require those people (i) to provide information including contact details and details of their intended onward travel, and (ii) to self-isolate for a period of 14 days following their arrival in the common travel area. Certain categories of person, including flight crew etc. are exempt from the requirements.

These Regulations also require people who arrive in England from another part of the United Kingdom, and who have arrived in the United Kingdom from outside the common travel area in the past 14 days, to self-isolate until 14 days after their arrival in the common travel area.

An impact assessment has not been produced for this instrument.

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