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

Changes over time for: Section 6

Version Superseded: 17/05/2021

Alternative versions:

Status:

Point in time view as at 23/04/2021. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the The Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (revoked), Section 6.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Offences and penaltiesE+W

This section has no associated Explanatory Memorandum

6.—(1) A person who—

(a)without reasonable excuse contravenes a requirement in [F1paragraph (1), (2), (3) or (4) of] regulation 3,

[F2(aa)without reasonable excuse contravenes a requirement in regulation 3A,]

[F3(ab)without reasonable excuse contravenes a requirement in regulation 3B,]

[F4(ac)without reasonable excuse contravenes a requirement in regulation 3C, 3D or paragraph 4 of Schedule 2D,]

[F5(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 [F6apart from paragraph (1A) of that regulation] [F7, or]

[F8(d)without reasonable excuse contravenes a requirement in or imposed under regulation 5(1A)],

commits an offence.

[F9(1A) But a person does not commit an offence where they contravene a requirement [F10in—

(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, F11...

(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)] [F12, or]

[F13(c)Schedule B1A if the accommodation or transport booked is no longer available for reasons beyond the person’s control].]

[F14(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.]

[F15(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.]

[F16(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.

[F17(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 M1 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

F1Words in reg. 6(1A)(a) inserted (23.4.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/498), regs. 1(2), 9

F2Reg. 6(1)(aa) inserted (15.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021 (S.I. 2021/38), regs. 1(2), 3(4)(a) (with reg. 4)

F3Reg. 6(1)(ab) inserted (15.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/150), regs. 1(1), 11(a) (with reg. 23)

F4Reg. 6(1)(ac) inserted (6.4.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/442), regs. 1(2), 7(2) (with reg. 13)

F5Reg. 6(1)(b) substituted (15.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/150), regs. 1(1), 11(b) (with reg. 23)

F6Words in reg. 6(1)(c) inserted (15.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/150), regs. 1(1), 11(c) (with reg. 23)

F7Word in reg. 6(1)(c) inserted (15.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/150), regs. 1(1), 11(c) (with reg. 23)

F8Reg. 6(1)(d) inserted (15.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/150), regs. 1(1), 11(d) (with reg. 23)

F9Reg. 6(1A) inserted (15.12.2020) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 26) Regulations 2020 (S.I. 2020/1337), regs. 1, 2(4)