The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021

Amendment to regulation 6

11.  In regulation 6 (offences and penalties)—

(a) after paragraph (1)(aa) insert—

“(ab) without reasonable excuse contravenes a requirement in regulation 3B,”;

(b) for paragraph (1)(b) substitute—

“(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) in paragraph (1)(c) after “regulation 5” insert “apart from paragraph (1A) of that regulation” and insert “, or” at the end of that paragraph;

(d) after paragraph (1)(c) insert—

“(d) without reasonable excuse contravenes a requirement in or imposed under regulation 5(1A)”;

(e) in paragraph (1A)(1)—

(i) omit the “or” at the end of sub-paragraph (a),

(ii) insert “, or” at the end of sub-paragraph (b),

(iii) at the end insert—

“(c) Schedule B1A if the accommodation or transport booked is no longer available for reasons beyond the person’s control”;

(f) after paragraph (1B) insert—

“(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.”.

(1)

Paragraph (1A) was inserted by regulation 2(4) of S.I. 2020/1337 and was amended by regulation 3(4)(b) of S.I. 2021/38.