The Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) Regulations 2021

Acceptable evidence for the purposes of regulation 8

9.—(1) The items referred to in this regulation may be used as evidence that a person (“ P”) satisfies the criteria in regulation 8(1), or comes within an exemption in regulation 8(2).

Evidence of vaccination, participation in a clinical trial or clinical exemption

(2) Evidence may be provided in relation to any of the criteria in regulation 8(1) or (2) by—

(a) the NHS COVID pass for P, or the equivalent from NHS Scotland, NHS Wales or the Department of Health in Northern Ireland,

(b) an equivalent electronic application developed by or on behalf of the governments of a British overseas territory, any of the Channel Islands or the Isle of Man, so far as that application provides information as to whether or not P satisfies the criteria set out in regulation 8(1) or the exemptions set out in regulation 8(2), or

(c) a letter from any of the governments referred to in paragraph (b), or from a person acting on behalf of any of those governments, which provides information as to whether or not P satisfies the criteria set out in regulation 8(1) or the exemptions set out in regulation 8(2).

Proof of vaccination

(3) For the criterion in regulation 8(1)(a), proof may be provided by—

(a) any form of proof referred to in paragraph (2),

(b) the EU Digital COVID Certificate,

(c) a North American Certificate,

(d) a COVID-19 vaccination certificate issued by an approved third country or territory and considered by the European Commission to be equivalent to an EU Digital COVID Certificate issued in accordance with Regulation (EU) 2021/953,

(e) the Centers for Disease Control and Prevention vaccination card,

(f) a certificate in English, French or Spanish issued by the competent health authority of a relevant country, other than the United States of America, or any country for which the EU Digital COVID Certificate is available, which contains—

(i) P’s full name;

(ii) P’s date of birth;

(iii) the name and manufacturer of the vaccine that P received;

(iv) the date that P received each dose of the vaccine;

(v) details of either the identity of the name of the issuer of the certificate or the country of vaccination or both, or

(g) subject to paragraph (4), proof that the person concerned has participated in the United Kingdom vaccine roll-out overseas.

(4) Where P has received a dose of an authorised vaccine and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, the proof which P provides must include proof of having received the dose of an authorised vaccine through a form of proof referred to in paragraph (2)(a) or (b), or any of sub-paragraphs (b) to (f) of paragraph (3).

Proof of a negative test

(5) For the criterion in regulation 8(1)(b), proof may be provided by—

(a) any form of proof referred to in paragraph (2)(a) or (b), or

(b) a valid notification of a negative result from a qualifying test.

Proof of participation in a clinical trial

(6) For the exemption in regulation 8(2)(a), subject to paragraph (7), proof of participation in a relevant clinical trial may be provided by any form of proof referred to in paragraph (2).

(7) Proof of participation in a relevant clinical trial referred to in regulation 8(4)(b) or (c) must be provided through—

(a) a vaccination card issued by the Centers for Disease Control and Prevention, in the case of a clinical trial referred to in regulation 8(4)(b), or,

(b) a participation document, in the case of a clinical trial referred to in regulation 8(4)(c).

Proof of clinical exemption

(8) For the exemption in regulation 8(2)(b), proof must be provided by—

(a) any form of proof referred to in paragraph (2),

(b) a letter issued by the NHS in response to an NHS COVID pass medical exemptions application,

(c) a certification in paper or electronic form issued by NHS Scotland, or

(d) a maternity certificate which satisfies the requirements of—

(i) regulation 2(3) of the Social Security (Medical Evidence) Regulations 1976(1), or

(ii) regulation 2 of the Statutory Maternity Pay (Medical Evidence) Regulations 1987(2).

Interpretation

(9) In this regulation—

(a) the “EU Digital COVID Certificate”, and “North American Certificate” have the same meanings as in Part 1B of the International Travel Regulations;

(b) “NHS COVID pass” means the COVID-19 records available on the NHS smartphone app developed and operated by the Secretary of State, through the website at NHS.uk or a COVID-19 post vaccination letter obtained from the NHS;

(c) “NHS Scotland” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978(3);

(d) “NHS Wales” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006(4);

(e) “participation document” means a document in English, French or Spanish issued by the competent health authority of the country or territory in which the relevant clinical trial is being, or was, carried out, or the person who is conducting, or conducted, the relevant clinical trial, which confirms—

(i) the full name of the person to whom it relates (“NP”);

(ii) NP’s date of birth;

(iii) the name and manufacturer of the vaccine;

(iv) the country or territory in which the clinical trial is taking, or took, place;

(v) the regulatory authority responsible for the regulation of the clinical trial;

(vi) the phase of the clinical trial in which NP is participating or participated;

(f) “relevant country” has the meaning given in regulation 3A of International Travel Regulations;

(g) “valid notification” means a notification containing the following information—

(i) the name of the person from whom the test sample was taken;

(ii) the person’s age or date of birth;

(iii) the result of the test sample which is negative for coronavirus;

(iv) the date on which the test sample was collected or received by the test provider;

(v) a statement as to whether the test was a polymerase chain reaction test or a lateral flow test.

(1)

S.I. 1976/615. Regulation 2(3) has been amended by S.I. 1987/409 and 2001/2931.

(2)

S.I. 1987/235. Regulation 2 has been amended by S.I. 2001/2931.

(3)

1978 c. 29.

(4)

2006 c. 42.