Amendments to Schedule 2 E+W

8.—(1) Schedule 2 is amended as follows.

(2) In paragraph 3(1)—

(a) omit the “or” after paragraph (a),

(b) after paragraph (a) insert—

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

(c) in paragraph (b), after “Her Majesty's Naval Service” insert “ or by, or in support of, a visiting force ”.

(3) In Part 2, before paragraph 5 insert—

“4A.— (1) A road passenger transport worker.

(2) For the purposes of this paragraph—

(a) “road passenger transport worker” means—

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

(ii) a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council M1 , and who is acting in the course of their employment,

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

(c) “public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 1981 M2 .

4B.— (1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 1995 M3 , where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007.

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

(a) “the Maritime Labour Convention, 2006” means the Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organisation M4 ,

(b) “the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14th June 2007 by the International Labour Organisation M5 .

4C.   A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995 M6 , where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007.

4D.   An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 M7 , where they have travelled to the United Kingdom in the course of their work.

4E.   Crew, as defined in paragraph 1 of Schedule 1 to the Air Navigation Order 2016 M8 , where they have travelled to the United Kingdom in the course of their work.

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

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

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

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

(a) “shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987 M9 ,

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

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

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

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

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

(2) For the purposes of this paragraph—

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

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

(4) In paragraph 6—

(a) in sub-paragraph (1), omit “or a road passenger transport worker”,

(b) omit sub-paragraph (2)(d) and (e) .

(5) Omit paragraphs 7, 8, 9 and 10.

(6) In paragraph 12—

(a) omit sub-paragraph (1)(a) and (c);

(b) omit sub-paragraph (2)(a);

(c) in sub-paragraph (2)(b) for “that Act” substitute “ the Channel Tunnel Act 1987 ”M10 .

(7) After paragraph 13 insert—

“13A.— (1) A government contractor who is contracted to undertake essential or emergency work outside of the United Kingdom, which is certified by the relevant Department as necessary to facilitate essential government work or the conduct of bilateral or multilateral discussions with another state or international organisation.

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

(8) After paragraph 17 insert—

“17A.   Workers engaged in essential or emergency works on behalf of the Environment Agency relating to flood and coastal erosion risk management, within the meaning of the Flood and Water Management Act 2010.”M11 .

(9) In paragraph 24—

(a) in the opening words of sub-paragraph (1)—

(i) omit “undertaking, or”,

(ii) for “to commence” substitute “ to undertake or commence within 14 days of their arrival ”;

(b) in sub-paragraph (1)(a), for “offshore installations” substitute “ an offshore installation ”;

(c) in sub-paragraph (1)(c), for “offshore installations and wells that are being decommissioned or which are being” substitute “ an offshore installation or well being decommissioned or ”;

(d) in sub-paragraph (2)(a), for “installations” substitute “ installation ”;

(e) in sub-paragraph (2)(c), for “wells” substitute “ well ”.

(10) In paragraph 27, for “(including commissioning,” substitute “ (including construction, commissioning, installation, ”.

(11) In paragraph 29, for sub-paragraph (1) substitute—

“(1) A person who has travelled to the United Kingdom for the purpose of transporting material which consists of, or includes, human cells or blood and which is to be used for the provision of healthcare by a provider.”.

(12) At the end insert—

“39.— (1) A domestic elite sportsperson, an international elite sportsperson, a domestic ancillary sportsperson or an international ancillary sportsperson.

(2) For the purposes of this paragraph—

“domestic ancillary sportsperson” means an individual essential to—

(a)

the running of an elite sports event including—

(i)

operational staff essential to the running of that elite sports event,

(ii)

event officials and referees, or

(b)

the support of a domestic elite sportsperson including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual sportsperson medical and technical support staff,

(iii)

horse grooms and trainers,

(iv)

motorsport mechanics and technical staff,

(v)

the parent or carer of a domestic elite sportsperson under the age of 18;

“domestic elite sportsperson” means an individual who—

(a)

is an elite sportsperson within the meaning of regulation 1 of the Health Protection (Coronavirus, Restrictions) (England) (No. 2) Regulations 2020 M12 ,

(b)

is in England, after departing from or transiting through a non-exempt country or territory, and

(c)

either—

(i)

has departed from or transited through the non-exempt country or territory in order to participate in an elite sports event and has returned to England with the intention of continuing activities as a sportsperson, or

(ii)

is a United Kingdom sportsperson who is not habitually resident in the United Kingdom and has travelled to England in order to participate in training for or to compete in an elite sports event;

“elite sports event” means a specified competition or other sporting event in which the participants compete—

(a)

to derive a living, or

(b)

to qualify for the right to represent—

(i)

Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii)

England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

“international ancillary sportsperson” means an individual essential to—

(a)

the running of a specified competition including—

(i)

operational staff essential to the running of that specified competition,

(ii)

competition officials and referees,

(iii)

broadcast staff and journalists covering that specified competition, or

(b)

the support of an international elite sportsperson, including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual sportsperson medical and technical support staff,

(iii)

horse grooms and trainers,

(iv)

motorsport mechanics and technical staff,

(v)

the parent or carer of an international elite sportsperson under the age of 18;

“international elite sportsperson” means an individual who travels to England in order to participate in a specified competition after departing from or transiting through a non-exempt country or territory at any time in the period beginning with the 14th day before the date of their arrival in England and who—

(a)

derives a living from competing in a sport,

(b)

is a senior representative nominated by a relevant sporting body,

(c)

is a member of the senior training squad for a relevant sporting body, or

(d)

is aged 16 or above and on an elite development pathway;

“specified competition” means a competition specified in Schedule 3.

(3) For the purposes of the definition of “international elite sportsperson”, in paragraph (2)—

(a) “elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—

(i) so that they may derive a living from competing in that sport, or

(ii) to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham;

(b) “relevant sporting body” in relation to a sportsperson means the national governing body of a sport which may nominate sportspersons to represent—

(i) that sportsperson's nation at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii) that sportsperson's nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

(c) “senior representative” in relation to a sportsperson means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(i) that sportsperson's nation at the Tokyo or Beijing Olympic or Paralympic Games; or

(ii) that sportsperson's nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.

(4) The conditions referred to in regulation 4(13)(ca) are—

(a) where P is an international elite sportsperson—

(i) P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P's status as an international elite sportsperson attending a specified competition,

(ii) P travels directly to, and remains in any place where P is self-isolating, apart from when P is travelling to or from, or attending the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified competition is taking place, and

(iii) at all times when P is not self-isolating P remains in isolation with any other international elite sportspersons or domestic elite sportspersons who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition, and

(b) where P is an international ancillary sportsperson—

(i) P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P's status as an international ancillary sportsperson attending a specified competition,

(ii) P travels directly to and remains in the place where P will be self-isolating apart from when P is travelling to or from, or attending the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified competition is taking place, and

(iii) at all times when P is not self-isolating P remains in isolation with international elite sportspersons or domestic elite sportspersons who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition.

40.— (1) A person engaged in film and high end TV production.

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

(a) a person is engaged in film production if engaged in the making of a film which is a British film for the purposes of Schedule 1 to the Films Act 1985 M13 , and

(b) a person is engaged in high end TV production if working on the making of a television programme which is a British programme for the purposes of Part 15A of the Corporation Tax Act 2009 M14 .”.

Commencement Information

I1 Reg. 8 in force at 7.7.2020, see reg. 1(2)

Marginal Citations

M1 OJ No. L 300, 14.11.2009, p. 72.

M2 1981 c. 14. Section 1 was amended by section 139(3) of the Transport Act 1985 (c. 67).

M3 1995 c. 21. There are amendments to section 313(1) but none is relevant.

M4 Cm. 7049. ISBN 978 010 1889 766.

M5 Cm. 7375.

M6 Schedule 3A was inserted by Schedule 1 to the Marine Safety Act 2003 (c. 16).

M7 There are amendments to section 256 but none is relevant.

M8 S.I. 2016/765. There are amendments to Schedule 1 but none is relevant.

M9 1987 c. 53.

M10 1987 c. 53.

M11 2010 c. 29.

M12 S.I. 2020/684.

M13 1985 c. 21; Schedule 1 was substituted by the Finance Act 2006 (c. 25) and has been subject to a large number of amendments by the Corporation Tax Act 2009 (c. 4) and S.I. 2006/643, 2006/3430, 2012/1809, 2015/86 and 2018/1105.

M14 Part 15A was inserted by paragraph 1 of Schedule 1 to the Finance Act 2013 (c.39).