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

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Point in time view as at 09/04/2021.

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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 M1;

“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 M2;

[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 M3;

[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 M4.

[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

M1Section 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”.

M21971 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.

M3The 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 M5, 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 M6.

Textual Amendments

Commencement Information

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

Marginal Citations

M5Article 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

[F20Requirements relating to testsE+W

3AA.—(1) Except as provided in paragraph (5) and subject to the provisions relating to length of stay in regulation 3B(1), regulation 3B (requirement to book and undertake tests) applies to a person who arrives in England who—

(a)is required to self-isolate under—

(i)regulation 4 (requirement to self-isolate), or

(ii)Schedule B1A (additional measures),

(b)is not required to self-isolate under regulation 4 only by virtue of the following paragraphs of Schedule 2 (persons not required to comply with regulation 3 or 4)—

(i)paragraph 1(1)(i) (representatives of foreign countries or territories on official business),

(ii)paragraph 1(1)(j) (representatives of government of British overseas territory),

(iii)paragraph 4 (foreign officials with border security duties),

(iv)paragraph 4A (road passenger transport workers),

(v)paragraph 11 (civil aviation inspectors),

(vi)paragraph 13 (certain Crown Servants, persons certified as returning from essential state business etc.),

(vii)paragraph 13A (essential or emergency work outside the United Kingdom), or

(viii)paragraph 25 (postal operators),

(c)falls within the description in paragraph 39 (elite sportspersons and ancillary sportspersons) of Schedule 2, or

(d)may temporarily cease to self-isolate by virtue of paragraph (13)(d)(ii) or (13)(f) of regulation 4 and the following paragraphs of Schedule 2—

(i)paragraph 4 (foreign officials with border security duties),

(ii)paragraph 4A (road passenger transport workers),

(iii)paragraph 11 (civil aviation inspectors),

(iv)paragraph 17 (water and sewerage workers),

(v)paragraph 17A (flood and coastal defence workers),

(vi)paragraph 18 (electricity workers),

(vii)paragraph 19 (nuclear power workers),

(viii)paragraph 20 (chemical weapons inspectors),

(ix)paragraph 21 (space workers),

(x)paragraph 23 (oil workers),

(xi)paragraph 24 (offshore oil and gas workers) unless paragraph (4) applies to the person,

(xii)paragraph 26 (specialist technical workers),

(xiii)paragraph 27 (specialist waste management workers),

(xiv)paragraph 31 (medicines inspectors),

(xv)paragraph 32 (clinical trial conductors),

(xvi)paragraph 33 (clinical investigators),

(xvii)paragraph 34 (medical and veterinary specialists),

(xviii)paragraph 35 (infrastructure workers), or

(xix)paragraph 36 (communications operation workers).

(2) In paragraph (1)(a), the reference to persons required to self-isolate under regulation 4 does not include anyone who may temporarily cease to self-isolate by virtue of regulation 4(13)(d)(ii), or (13)(f).

(3) Regulation 3C (requirement to undertake workforce tests) applies to a person who is not required to self-isolate under regulation 4 by virtue of any sub-paragraph of regulation 4(13) and the following paragraphs of Schedule 2, or who may temporarily cease to self-isolate or whose obligation to self-isolate under that regulation is otherwise modified by virtue of those provisions—

(a)paragraph 2 (UK officials with border security duties),

(b)paragraph 3 (officials involved in essential defence activities),

(c)paragraph 4B (seamen and masters) other than seamen and masters of fishing vessels within the meaning of the Merchant Shipping Act 1995,

(d)paragraph 4C (pilots),

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

(f)paragraph 4E (aircraft crew and pilots),

(g)paragraph 4F (international rail crew, passenger and freight operators),

(h)paragraph 6 (road haulage workers),

(i)paragraph 12 (Channel Tunnel system workers),

(j)paragraph 14 (repatriated prisoners),

(k)paragraph 15 (international prison escorts),

(l)paragraph 22 (aerospace engineers and aerospace workers),

(m)paragraph 29 (persons transporting human blood etc.), or

(n)paragraph 38 (seasonal agricultural workers).

(4) Regulation 3D applies to a worker who falls within the description in paragraph 24(1)(a) of Schedule 2 who arrives in England and is required to undertake or commence activities on an offshore installation, including critical safety work on an offshore installation.

(5) Regulation 3B does not apply to a person (“P”) 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) (representatives of foreign countries or territories or British overseas territories) of Schedule 2 where the conditions in paragraph (6) of this regulation 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 paragraph (6) 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;

(d)a person described in paragraph 13(1)(a) or (b) (persons certified as returning from essential state business etc.) 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 (essential or emergency work outside the United Kingdom) of Schedule 2 where the relevant Department has certified that P is not required to comply with regulation 3B.

(6) The conditions specified in this 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 foreign 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 regulation 3B.

(7) Where a word or expression is defined for the purposes of Schedule 2 and is used in paragraphs (5) or (6) of this regulation, the same definition applies for the purposes of those paragraphs.]

Textual Amendments

[F21Requirement to book and undertake testsE+W

3B.—[F22(1) This regulation applies to a person (“P”) specified in regulation 3AA(1) who—

(a)intends to remain in England for two days or more after the day of their arrival; or

(b)intended to remain in England for less than two days after the day of their arrival but in fact remains in England for two days or more.]

F23(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24(1B) Where P is a person mentioned in paragraph (1)(b)—

(a)the obligation under paragraph (2) to book a testing package on arrival does not apply;

(b)paragraph (3) applies to P as if the words “required under paragraph (2)” were omitted.]

(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 [F25or 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;

[F26(c)“testing package” means—

(i)where P intends to remain in England for 8 days or more, a booking for a day 2 test and a day 8 test,

(ii)where P intends to leave England on or before the 7th day after P’s arrival in England, and P is a person who falls within regulation 3AA(1)(a), (b), (c) or (d) (no or modified requirement to self-isolate), a booking for a day 2 test.]]

Textual Amendments

[F27Requirement to undertake workforce testsE+W

3C.—(1) This regulation applies to a person (“P”), specified in regulation 3AA(3).

(2) Subject to paragraph (7), P must undertake a workforce test for day 2, day 5 and day 8 in accordance with paragraph (6) in relation to each category of test.

(3) Where P does not undertake a workforce test as required by this regulation by reason of a reasonable excuse (see regulation 6(1D)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement workforce test.

(4) Where a replacement workforce test is undertaken instead of—

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

(b)a workforce test to be undertaken for day 5, P is to be treated as if they had undertaken a workforce test on day 5 in accordance with this regulation;

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

(5) Schedule 2D makes further provision about workforce tests (including the consequences of testing).

(6) In these Regulations—

(a)“a replacement workforce test” means a workforce test complying with the requirements that apply to the workforce test that was missed;

(b)“a workforce test” means a test which is provided or administered under the National Health Service Act 2006;

(c)“a workforce test undertaken for day 2” means a test which is undertaken no later than the end of the second day after the day on which P arrived in England;

(d)“a workforce test undertaken for day 5” means a workforce test which—

(i)is undertaken after a workforce test for day 2,

(ii)is undertaken no earlier than the end of the second day after the day on which P arrived in England, and

(iii)is undertaken before the end of the fifth day after the day on which P arrived in England;

(e)“a workforce test undertaken for day 8” means a workforce test which—

(i)is undertaken after a workforce test undertaken for day 5,

(ii)is undertaken no earlier than the end of the fourth day after the day on which P arrived in England, and

(iii)is undertaken before the end of the eighth day after the day on which P arrived in England.

(7) For any period during which P is a recurring work traveller, paragraph (2) does not apply and paragraph (9) applies to P instead.

(8) P is a “recurring work traveller” where—

(a)P is undertaking work that requires P to enter and leave England on a daily basis, or at intervals of no greater than two days, and is entering and leaving accordingly; and

(b)P does not fall within the description in paragraph 6 of Schedule 2 (road haulage workers).

(9) Where this paragraph applies, P must undertake a workforce test—

(a)on or before the end of the second day after the day P first arrives in England during the period during which P is a recurring work traveller or as soon as reasonably practicable during the time P is next in England after the end of the second day; and

(b)subsequently, within each successive period of three days, beginning with the day after the day on which P took the previous workforce test.

Textual Amendments

Test requirements: offshore installation workersE+W

3D.—(1) This regulation applies to a person (“P”) to whom regulation 3AA(4) applies.

(2) P must undertake a day 2 test after arriving in England but before P departs to the offshore installation.

(3) If P intends to depart to the offshore installation before P has received the result of the day 2 test undertaken pursuant to paragraph (2), P must also take a workforce test before P departs to the offshore installation.

(4) If a workforce test undertaken pursuant to paragraph (3) generates a positive result P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until P has received the result of the day 2 test undertaken pursuant to paragraph (2).

(5) If the day 2 test undertaken pursuant to paragraph (2) generates a positive result P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the end of the 10th day after P undertook that test.

(6) If the day 2 test undertaken pursuant to paragraph (2) generates a negative result, from the time that P is notified of that result, P is no longer subject to any requirement to self-isolate by virtue of paragraph (4).

(7) Subject to paragraph (8), while P is on an offshore installation, P must undertake a workforce test before the end of the third day following the day P arrives on the installation and then within each successive 3 day period within 3 days of the test most recently taken.

(8) P is not required to undertake any workforce test after the 10th day after the day P arrived in England.

(9) If a workforce test undertaken pursuant to paragraph (7) generates a positive result, P must—

(a)undertake a day 2 test as soon as reasonably practicable; and

(b)self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the earlier of—

(i)the time P is notified of the result of the day 2 test undertaken pursuant to sub-paragraph (a), or

(ii)the end of the 10th day after the day P arrived in England.

(10) If a day 2 test undertaken pursuant to paragraph (9)(a) generates a positive result, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the 10th day after the day P undertook that test.

(11) If a day 2 test undertaken pursuant to paragraph (9)(a) generates a negative result, from the time that P is notified of that result, this regulation applies to P as if the workforce test undertaken pursuant to paragraph (7) had generated a negative result (and accordingly P is no longer subject to any requirement to self-isolate by virtue of paragraph (9)(b)).

(12) If P returns to England from the offshore installation on or before the 8th day after the day P arrived in England, P must undertake a day 8 test on, or as soon as reasonably practicable after, the 8th day after P the day arrived in England.

(13) If the day 8 test undertaken pursuant to paragraph (12) generates a positive result, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the end of the 10th day after P undertook that test.

(14) In this regulation—

“day 2 test” has the same meaning as in regulation 3B(11)(a);

“day 8 test” has the same meaning as in regulation 3B(11)(b);

“offshore installation” has the same meaning as in paragraph 24 of Schedule 2;

“the Self-Isolation Regulations” has the same meaning as in Schedule 2C;

“workforce test” has the same meaning as in Schedule 2D.]

Textual Amendments

Requirement to self-isolateE+W

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

(a)arrives in England from [F28a non-exempt country or territory] [F29and where sub-paragraph (d) does not apply to P], or

(b)arrives in England from within the common travel area [F30or from an exempt country or territory], and has at any time in the period beginning with the [F3110th] day before the date of their arrival in England, [F32departed from or transited through a non-exempt country or territory] [F33and where sub-paragraph (d) does not apply to P] [F34, or]

F35(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F36(d)is a person to whom Schedule B1A applies.]

(2) P must remain in isolation from others (“self-isolate”) in accordance with this regulation [F37, 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), [F38(c), (e) or (f)] applies—

(i)in the case of a person [F39who has arrived from outside the common travel area], at an address specified in P's Passenger Locator Form F40..., as required by regulation 3 and paragraph 2(a) of Schedule 1,

(ii)in the case of a person [F41who 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 M7,

(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 [F42, F43...]

F44(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F45(e)where P is a person described in paragraph (1)(d), in accordance with Schedule B1A.][F46, or

(f)where P is a person described in paragraph 6(2)(c)(i) of Schedule 2 (driver of a goods vehicle)—

(i)in the goods vehicle while undertaking the work described in that paragraph,

(ii)in the goods vehicle while not undertaking the work described in that paragraph if P is travelling alone in a goods vehicle with a compartment behind the driver’s seat intended to be used for sleeping (“a sleeper cab”), subject to paragraph (iii)(bb),

(iii)in a hotel, hostel or bed and breakfast accommodation while not undertaking the work described in that paragraph—

(aa)if P is travelling in a goods vehicle without a sleeper cab, or

(bb)if self-isolating in a goods vehicle would contravene Article 8 of Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport,

(iv)in the goods vehicle or a hotel, hostel or bed and breakfast accommodation while not undertaking the work described in that paragraph if P is travelling with another person in a goods vehicle with a sleeper cab]

(4) [F47Where P is required to comply with this regulation [F48and 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.

[F49(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) [F50Except where P falls within paragraph (1)(d)] more than one address may be specified [F51as 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) [F52Where 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 [F5310th] day after the day on which they [F54arrived in England or, if later, the end of any period that applies by virtue of paragraph 2 or 3 of Schedule 2C], F55...

(b)their departure from England [F56, or

[F57(c)the beginning of P’s period of self-isolation, where P or R, where P is a child, is notified under regulation 2A or 2B of the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 (“the 2020 Regulations”)F58.]]

[F59(7ZA) In paragraph (7)(c) “period of self-isolation” and “R” have the meanings given for the purposes of Part 1 of the 2020 Regulations (see regulations 3 and 5 of those Regulations).]

F60(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F61(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 [F62,

(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].

[F63(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 F64, 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) [F65,

(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 [F66(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 [F67services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical or health practitioners, including services relating to mental health],

[F68(bza)to undertake a workforce test required by regulation 3C,]

[F69(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, F70...

(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 [F71,

(h)for the purposes of, or connected with, undertaking a test in accordance with Schedule 2A [F72or Schedule 2C]] [F73,

(i)if self-isolating in a goods vehicle by virtue of paragraph (3)(f)—

(i)for sanitary reasons,

(ii)to take exercise outside,

(iii)where required or permitted by that paragraph, to move to a different place for self-isolation,

(iv)to inspect the vehicle or its load or to carry out any other task required for the safe and continued operation of the vehicle, including refuelling, and

(v)for any other reason or purpose specified in this paragraph].

(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 [F74of that Schedule],

F75(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,

[F76(ca)in paragraph 39 of [F77Schedule 2, P satisfies the requirements of paragraph (2) if P complies with the relevant conditions specified in paragraph 39(4) of Schedule 2,]

F78(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F78(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(cd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(ce). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78(cf). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78(cg). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F80(d)in paragraph 4, 4A, 4B, 4C, 4D, 4E, [F816(2)(c)(ii),] 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,

[F82(ea)in paragraph 6(2)(c)(i) of Schedule 2 (driver of a goods vehicle) and is ordinarily resident in the United Kingdom, P is only required to comply with this regulation while undertaking the work described in that paragraph,]

(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.]

[F83(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.]

[F84(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 F85... 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.]

F86(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58A person notified, or a child in respect of whom a notification is given, under regulation 2A or 2B of the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 will be required to self-isolate in accordance with those Regulations from the moment the notification is given.

F642006 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

M71999 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

[F87PART 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;

[F88(c)[F89an 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;

[F90(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 [F91, or Schedule B1A or Schedule 2C], the authorised person may—

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

(b)[F92where the authorised person is a constable,] remove P to the place where P is self-isolating,

(c)where [F93the 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.

[F94(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) [F95Paragraphs (1)(b) and (c), [F96(1A)] and (1B) do] not apply where P is a person described in paragraph 1 of Schedule 2.

(3) [F97An authorised person] exercising the power in paragraph [F98(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 [F99or 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 [F100paragraph (1), (1A), (4)] or (5) if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with regulation 4 [F101or Schedule B1A].

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

(a)a constable, F102...

[F103(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)

[F104Power 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,

[F105(aa)without reasonable excuse contravenes a requirement in regulation 3A,]

[F106(ab)without reasonable excuse contravenes a requirement in regulation 3B,]

[F107(ac)without reasonable excuse contravenes a requirement in regulation 3C, 3D or paragraph 4 of Schedule 2D,]

[F108(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 [F109apart from paragraph (1A) of that regulation] [F110, or]

[F111(d)without reasonable excuse contravenes a requirement in or imposed under regulation 5(1A)],

commits an offence.

[F112(1A) But a person does not commit an offence where they contravene a requirement [F113in—

(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, F114...

(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)] [F115, or]

[F116(c)Schedule B1A if the accommodation or transport booked is no longer available for reasons beyond the person’s control].]

[F117(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.]

[F118(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.]

[F119(1D) For the purposes of paragraph (1)(ac) reasonable excuses for contravening regulation 3C include, in particular, where—

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

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

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

(d)P has left England,

(e)P is employed as air crew and is undertaking a rest period for a continuous, uninterrupted and defined period of time, following duty or prior to duty, during which P is free of all duties, standby or reserve (and for these purposes, “duties” “standby” and “reserve” have the meanings given in paragraph ORO.FTL.105 of Commission Regulation (EU) No. 965/2012).]

(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.

[F120(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 M8 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

M81984 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 [F1216(1)(c)], [F122except 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 [F123other than paragraph (1B) and other than in relation to Schedule B1A], then the amount specified under paragraph (4)(c) must be £1,000.

[F124(5A) Where the fixed penalty notice is issued to a person in respect of an offence described in [F125regulation 6(1)(ac) for breach of a requirement in paragraph 4 of Schedule 2D or] regulation 6(1)(b) [F126other 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.

[F127(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) [F128Subject 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, [F129£500],

(b)in the case of the second fixed penalty notice issued in respect of an information offence, [F130£1,000],

(c)in the case of the third fixed penalty notice issued in respect of an information offence, [F131£2,000],

[F132(d)in the case of the fourth and subsequent fixed penalty notices issued in respect of an information offence, £4,000.]

F133(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F134(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.]

[F135(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.]

[F136(6ZC) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(ac) for contravening a requirement in regulation 3C or 3D, then the amount specified under paragraph (4)(c) must be—

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

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

(c)in the case of a third and subsequent fixed penalty notice, £3,000.]

[F137(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 [F138or an offence described in [F139regulation] [F1406(1)(a), 6(1)(aa), 6(1)(ab), 6(1)(b) (for failure to comply with a requirement under Schedule B1A), [F1416(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, F142...

(b)DA information received for a purpose described in paragraph (4)(a)(i) [F143, F144...

(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],

[F145(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).

[F146(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 M9,

(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),

[F147(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, F148...

(b)an offence under section 5 of the Perjury Act 1911 M10 (false statements made otherwise than on oath),

[F149(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

M101911 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

[F150Review 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

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