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

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 M1, 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 [F110th] 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, [F2specifying—

(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 [F310] 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.

[F4(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.]

[F5(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.]

[F6(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 M2.

Textual Amendments

Commencement Information

I1Reg. 3 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M1Article 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.

[F7Requirement 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

[F8Requirement to book and undertake testsE+W

3B.—[F9(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 [F10or 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 [F11or 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 [F12a non-exempt country or territory] [F13and where sub-paragraph (d) does not apply to P], or

(b)arrives in England from within the common travel area [F14or from an exempt country or territory], and has at any time in the period beginning with the [F1510th] day before the date of their arrival in England, [F16departed from or transited through a non-exempt country or territory] [F17and where sub-paragraph (d) does not apply to P] [F18, or]

F19(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20(d)is a person to whom Schedule B1A applies.]

(2) P must remain in isolation from others (“self-isolate”) in accordance with this regulation [F21, 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), [F22(c) or (e)] applies—

(i)in the case of a person [F23who has arrived from outside the common travel area], at an address specified in P's Passenger Locator Form F24..., as required by regulation 3 and paragraph 2(a) of Schedule 1,

(ii)in the case of a person [F25who 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 M3,

(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 [F26, or]

F27(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(e)where P is a person described in paragraph (1)(d), in accordance with Schedule B1A.]

(4) [F29Where P is required to comply with this regulation [F30and 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.

[F31(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) [F32Except where P falls within paragraph (1)(d)] more than one address may be specified [F33as 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) [F34Where 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 [F3510th] day after the day on which they [F36arrived in England or, if later, the end of any period that applies by virtue of paragraph 2 or 3 of Schedule 2C], F37...

(b)their departure from England [F38, 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).]

F39(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40(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 [F41,

(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].

[F42(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 F43, 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) [F44,

(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 [F45(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 [F46services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical or health practitioners, including services relating to mental health],

[F47(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 [F48,

(h)for the purposes of, or connected with, undertaking a test in accordance with Schedule 2A [F49or 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 [F50of that Schedule],

F51(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,

[F52(ca)in paragraph 39 of [F53Schedule 2, P satisfies the requirements of paragraph (2) if P complies with the relevant conditions specified in paragraph 39(4) of Schedule 2,]

F54(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F54(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55(cd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55(ce). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54(cf). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54(cg). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F56(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.]

[F57(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.]

[F58(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 F59... 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.]

F60(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F432006 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

I2Reg. 4 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M31999 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