2021 No. 247
The Health Protection (Coronavirus) (Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) Regulations 2021
Approved by both Houses of Parliament
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(b) and (4)(d), 45F(2) and 45P of the Public Health (Control of Disease) Act 19841.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England.
The Secretary of State considers that the restrictions and requirements imposed by the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 20202 and the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 20203, as amended by these Regulations, are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act, the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.
Citation and commencement1
1
These Regulations may be cited as the Health Protection (Coronavirus) (Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) Regulations 2021.
2
The Regulations come into force on 8th March 2021.
The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 20202
1
The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 are amended as follows.
2
In regulation 5, after paragraph (7), insert—
7A
Where the relevant place is premises which contain a polling station for an election or referendum which is held in accordance with provision made by or under an Act, the powers in this regulation may not be exercised so as to prevent a voter who is otherwise entitled to vote at the polling station in any such election or referendum from doing so.
3
In Schedule 1, after paragraph 18, insert—
19
Premises which contain a polling station for an election or referendum which is held in accordance with provision made by or under an Act.
20
Premises which are being used for the opening of postal votes, or the counting of votes, cast in an election or referendum which is held in accordance with provision made by or under an Act.
4
In Schedule 3, after paragraph 16, insert—
17
Premises which contain a polling station for an election or referendum which is held in accordance with provision made by or under an Act.
18
Premises which are being used for the opening of postal votes, or the counting of votes, cast in an election or referendum which is held in accordance with provision made by or under an Act.
The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 20203
1
The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 are amended as follows.
2
In regulation 2—
a
in paragraph (1)—
i
after the definition of “alcohol”, insert—
“campaigning” means undertaking activities for election purposes or for referendum purposes, and “campaigner” means a person who undertakes such activities;
ii
after the definition of “childcare”, insert—
“common travel area” has the meaning given in section 1(3) of the Immigration Act 19714;
iii
after the definition of “elite sportsperson”, insert—
“embarkation point” means an international terminal or any other place in England from which a person may travel to a destination outside the United Kingdom;
iv
after the definition of “informal childcare”, insert—
“international terminal” means an aerodrome, maritime port or international rail terminal, and for these purposes, “aerodrome” has the meaning given in Schedule 1 to the Air Navigation Order 20165;
v
after the definition of “public outdoor place”, insert—
“registered political party” has the meaning given in section 202(1) of the Representation of the People Act 19836;
vi
after the definition of “Tier 3 area”, insert—
“travel declaration form” means the form referred to in paragraph 2A of Schedule 3A;
b
in paragraph (6), after sub-paragraph (b), insert—
ba
activities are undertaken “for election purposes” if they are undertaken—
i
for the purposes of or in connection with—
aa
promoting or procuring electoral success for a registered political party, or
bb
promoting or procuring a candidate’s election, or
ii
with a view to prejudicing the electoral prospects at an election of a registered political party or candidate;
bb
activities are undertaken “for referendum purposes” if they are undertaken—
i
for the purposes of or in connection with promoting or procuring a particular outcome in relation to the question asked in a referendum, or
ii
with a view to prejudicing the prospects of another particular outcome in relation to the question asked in a referendum;
3
In regulation 9—
a
after paragraph (1), insert—
1A
Paragraph (1B) applies where a relevant person considers that—
a
a person (“P”) is present at an embarkation point for the purpose of travelling from there to a destination outside the United Kingdom, and
b
P is not exempt from the requirement to have a completed travel declaration form.
1B
The relevant person may direct P—
a
to produce the completed travel declaration form, or
b
if P does not have a completed travel declaration form, to complete a declaration form.
1C
Paragraph (1D) applies where—
a
a relevant person considers that the requirement in paragraph 2A(1) of Schedule 3A applies in the case of a person (“P”) who is present at an embarkation point, and
b
P fails to produce the completed travel declaration form in compliance with a direction given under paragraph (1B), and does not complete the declaration form when directed to do so by a relevant person.
1D
The relevant person may direct P to return to the place where P is living, or to leave the embarkation point without leaving the United Kingdom.
b
in paragraph (7)—
i
after “paragraph”, the first time it occurs, insert “(1B), (1D),”;
ii
for “paragraph (3)”, substitute “paragraph (1C), (2A), (2B) or (3)”;
c
in paragraph (8), after “paragraph” insert “(1B), (1D),”.
4
In regulation 10, after paragraph (1), insert—
1A
A person who intentionally or recklessly provides false or misleading information on a travel declaration form commits an offence.
5
In regulation 12—
a
in paragraph (1), in the opening words, after “paragraphs” insert “(3ZA),”;
b
in paragraph (3), before sub-paragraph (a), insert—
za
these Regulations, if the notice was issued to the person in respect of a travel declaration offence;
c
after paragraph (3), insert—
3ZA
In the case of a fixed penalty notice issued to a person in respect of a travel declaration offence, the amount of the fixed penalty to be specified under regulation 11(5)(c) is £200.
d
after paragraph (7), insert—
8
In this regulation, a “travel declaration offence” means an offence under—
a
regulation 10(1)(a) of contravening a Tier 4 restriction imposed by paragraph 2A of Schedule 3A,
b
regulation 10(1)(b) of contravening a direction given under regulation 9(1B) or (1D), or
c
regulation 10(1A).
6
After regulation 13, insert—
Self-incrimination13A
1
Information provided by a person in accordance with paragraph 2A of Schedule 3A may be used in evidence against the person, subject to paragraphs (2) to (4).
2
In criminal proceedings against the person—
a
no evidence relating to the information may be adduced by or on behalf of the prosecution, and
b
no question relating to the information may be asked by or on behalf of the prosecution.
3
Paragraph (2) does not apply if the proceedings are for an offence under these Regulations.
4
Paragraph (2) does not apply if, in the proceedings—
a
evidence relating to the information is adduced by or on behalf of the person who provided it, or
b
a question relating to the information is asked by or on behalf of that person.
7
In Schedule 3A —
a
in paragraph 2—
i
in sub-paragraph (2)—
aa
in paragraph (c), in the closing words, for “sub-paragraph” the second time it occurs, substitute “paragraph”;
bb
after paragraph (c), insert—
d
to visit a public outdoor place for the purposes of open air recreation—
i
alone,
ii
with—
aa
one or more members of their household or their linked household, or
bb
where open air recreation is being taken as part of providing informal childcare for a child aged 13 or under, one or more members of their linked childcare household, or
iii
with one other person who is not a member of their household, their linked household, or their linked childcare household,
and sub-paragraph (3) applies in determining whether a person is complying with the limits in this paragraph;
ii
in sub-paragraph (3)—
aa
in paragraph (a), after “(2)(c)(ii)”, insert “or (d)(ii)”;
bb
in paragraph (b), after “(2)(c)(iii)”, insert “or (d)(iii)”;
iii
in sub-paragraph (4)(b), after sub-paragraph (iii), insert—
iv
outdoor attractions at sculpture parks,
v
allotments.
iv
in sub-paragraph (14), for paragraph (a), substitute—
a
the later years provision or the supervised activities are reasonably necessary to enable a responsible person—
i
to work or search for work,
ii
to undertake training or education,
iii
to attend a support group permitted to meet under paragraph 6(7), or
iv
to attend a medical appointment or address a medical need, or
v
in sub-paragraph (22)—
aa
for paragraph (a), substitute—
a
move on one occasion from their student household on or after 8th March 2021 but before 29th April 2021 to one other household for the purposes of a vacation, or
bb
in paragraph (b), at the end insert “or any earlier vacation during which P returned home as permitted under this sub-paragraph as in force on 8th February 2021”;
vi
in sub-paragraph (23), for “at the time this Schedule came into force” substitute “on 8th March 2021”;
vii
after sub-paragraph (24), insert—
25Exception 18: nomination of candidates or petitioning for a referendum
Exception 18 is that it is reasonably necessary for P to leave or be outside P’s home for the purposes of participating in the process of—
a
the nomination of (including but not limited to the subscription of the nomination paper of) a candidate in an election, or
b
petitioning for a referendum,
held in accordance with provision made by or under an Act.
26Exception 19: campaigning
Exception 19 is that it is reasonably necessary for P to leave or be outside P’s home for the purposes of campaigning in an election or referendum held in accordance with provision made by or under an Act.
27Exception 20: observing an election or referendum
Exception 20 is that it is reasonably necessary for P to leave or be outside P’s home for the purposes of observing voting, opening postal votes or counting votes, in an election or referendum held in accordance with provision made by or under an Act, and where such observation is in accordance with provision made by or under an Act.
b
after paragraph 2, insert—
PART 1ADeclaration on leaving the United Kingdom
2ARequirement for declaration on leaving the United Kingdom
1
A person (“P”) who is present at an embarkation point for the purpose of travelling from there directly or indirectly to a destination outside the United Kingdom must have with them a completed travel declaration form.
2
The travel declaration form referred to in sub-paragraph (1) must—
a
include the following information—
i
P’s full name,
ii
P’s date of birth and nationality,
iii
P’s passport number, or travel document reference number (as appropriate),
iv
P’s home address,
v
P’s destination,
vi
the reason P is leaving or outside the place where P is living,
vii
a statement that P certifies that the information P provides is true, and
viii
the date on which the declaration is completed, and
b
be in the form published by the Secretary of State7.
3
Where P is travelling with a relevant individual (“C”) for whom P has responsibility, P must also complete a travel declaration form containing the information referred to in sub-paragraph (2)(a), in the form required by sub-paragraph (2)(b), on behalf of C.
4
The requirement in this paragraph does not apply—
a
to a relevant individual,
b
to any person referred to in Schedule 4A, or
c
to any person who is travelling to a destination in the common travel area, provided that they are not travelling on to a final destination outside the common travel area.
5
In this paragraph and paragraph 2B, “relevant individual” means—
a
a child, or
b
a person who lacks capacity (within the meaning of section 2 of the Mental Capacity Act 20058) to complete the form.
c
in paragraph 4(4)(b), after paragraph (iii), insert—
iv
outdoor attractions at sculpture parks;
v
allotments.
d
in paragraph 6—
i
in sub-paragraph (19), for paragraph (a), substitute—
a
the later years provision or the supervised activities are reasonably necessary to enable a responsible person—
i
to work or search for work,
ii
to undertake training or education,
iii
to attend a support group permitted under sub-paragraph (7), or
iv
to attend a medical appointment or address a medical need, or
ii
in sub-paragraph (22)—
aa
in the opening words, for “at the time this Schedule came into force” substitute “on 8th March 2021”;
bb
in paragraph (a), for “8th February 2021” substitute “29th April 2021”;
cc
in paragraph (b), at the end insert “or any earlier vacation during which P returned home as permitted under this sub-paragraph as in force on 8th February 2021”;
iii
after sub-paragraph (25), insert—
26Exception 18: nomination of candidates or petitioning for a referendum
Exception 18 is that the gathering—
a
consists of no more than two people, and
b
is reasonably necessary for the purposes of participating in the process of—
i
the nomination of (including but not limited to the subscription of the nomination paper of) a candidate in an election, or
ii
petitioning for a referendum,
held in accordance with provision made by or under an Act.
27Exception 19: campaigning
Exception 19 is that—
a
the gathering consists of no more than two people, at least one of whom is a campaigner (“C”),
b
where the gathering takes place at the private dwelling of a person (“P”), C remains, for the duration of the gathering—
i
outside P’s private dwelling,
ii
in an outdoor part of P’s private dwelling, or
iii
in a common part of the building of which P’s private dwelling forms a part, and
c
the gathering is reasonably necessary for the purposes of campaigning in an election or referendum held in accordance with provision made by or under an Act.
28Exception 20: observing an election or referendum
Exception 20 is that the gathering is reasonably necessary for the purposes of observing voting, opening postal votes or counting votes, in an election or referendum held in accordance with provision made by or under an Act, and where such observation is in accordance with provision made by or under an Act.
e
in paragraph 16(5), after paragraph (a), insert—
aa
the provision of digital access to public services,
f
in paragraph 17, in sub-paragraph (r), for “Part” substitute “paragraph”.
8
After Schedule 4, insert—
SCHEDULE 4APersons exempt from the requirement to produce a completed travel declaration form on leaving the United Kingdom
1
1
A person (“P”) who is—
a
a member of a diplomatic mission in the United Kingdom,
b
a member of a consular post in the United Kingdom,
c
an officer or servant of an international organisation,
d
employed by an international organisation as an expert or on a mission,
e
a representative to an international organisation,
f
a representative at an international or United Kingdom conference who is granted privileges and immunities in the United Kingdom,
g
a member of the official staff of a representative to an international organisation, or of a person falling within paragraph (f),
h
described in paragraph (a) or (b) who is passing through the United Kingdom to commence or continue their functions at a diplomatic mission or consular post in another country or territory, or to return to the country of their nationality,
i
a representative of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom,
j
a representative of the government of a British overseas territory,
k
a diplomatic courier or a consular courier,
l
a member of the family forming part of the household of a person falling within any of paragraphs (a) to (k).
2
For the purposes of this paragraph—
a
“consular courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a consular courier in accordance with Article 35(5) of the Vienna Convention on Consular Relations of 1963,
b
“consular post” means any consulate-general, consulate, vice-consulate or consular agency,
c
“diplomatic courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a diplomatic courier in accordance with Article 27(5) of the Vienna Convention on Diplomatic Relations of 1961,
d
“international organisation” means an international organisation accorded privileges and immunities in the United Kingdom,
e
“member of a consular post” means a “consular officer”, “consular employee” and “member of the service staff” as defined in Schedule 1 to the Consular Relations Act 19689, and “head of consular post” has the meaning given in that Schedule,
f
“member of a diplomatic mission” means the “head of the mission”, “members of the diplomatic staff”, “members of the administrative and technical staff” and “members of the service staff” as defined in Schedule 1 to the Diplomatic Privileges Act 196410.
2
1
A Crown servant or government contractor where they are undertaking essential government work related to the United Kingdom border outside of the United Kingdom.
2
For the purposes of sub-paragraph (1) and paragraph 3—
a
“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 198911,
b
“essential government work” means work which has been designated as such by the relevant Department or employer,
c
“government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989.
3
1
A person who is a Crown servant, a government contractor, or a member of a visiting force, who—
a
is required to undertake work necessary to the delivery of essential defence activities;
b
is travelling 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.
2
For the purposes of sub-paragraph (1)—
a
“defence” has the meaning given in section 2(4) of the Official Secrets Act 1989,
b
“visiting force” means any body, contingent or detachment of the forces of a country, being a body, contingent or detachment for the time being present in the United Kingdom (including United Kingdom territorial waters), on the invitation of her Majesty’s Government for the United Kingdom.
4
An official of a foreign Government, who came to the United Kingdom to undertake essential border security duties, or a contractor directly supporting these essential border security duties.
5
1
A transit passenger.
2
For the purposes of sub-paragraph (1), “transit passenger” means a person who, on arrival in the United Kingdom—
a
passes through to another country or territory outside the common travel area without entering the United Kingdom; or
b
enters the United Kingdom for the sole purpose of continuing a journey to a country or territory outside the common travel area and—
i
remains within their port of entry until their departure from England, or
ii
travels directly from their port of entry to another port of departure in England.
6
1
A road haulage worker or a road passenger transport worker.
2
For the purposes of this paragraph—
a
“driver” includes a person who is travelling in a vehicle as a relief driver,
b
“goods vehicle” has the meaning given in section 192 of the Road Traffic Act 198812,
c
“road haulage worker” means—
i
the driver of a goods vehicle that is being used in connection with the carriage of goods, other than goods for non-commercial personal use by the driver, or
ii
a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council13, and who is acting in the course of their employment,
d
“public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 198114,
e
“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 1073/200915 of the European Parliament and of the Council, and who is acting in the course of their employment.
7
1
Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 199516, where they are travelling from the United Kingdom in the course of their work or are being repatriated from 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)—
a
“the Maritime Labour Convention, 2006” means the Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organisation17,
b
“the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14th June 2007 by the International Labour Organisation18.
8
A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 199519, where they are travelling from the United Kingdom in the course of their work or are being repatriated from the United Kingdom.
9
An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 199520, or by a government of a relevant British possession as defined in section 313(1) of that Act, where they are travelling from the United Kingdom in the course of their work.
10
1
A member of aircraft crew where they are travelling from the United Kingdom in the course of their work or are otherwise required to travel from the United Kingdom for work purposes.
2
In sub-paragraph (1)—
a
“member of aircraft crew” means a person who—
i
acts as a pilot, flight navigator, flight engineer or flight radiotelephony operator of the aircraft,
ii
is carried on the flight deck and is appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew under article 114(2) of the Air Navigation Order 201621 or any provision of EU-OPS, or
iii
is carried on the flight for the purpose of performing duties to be assigned by the operator or the pilot in command of the aircraft in the interests of the safety of passengers or of the aircraft;
b
travel for work purposes includes, in particular—
i
where the member of the aircraft crew resides outside of the United Kingdom, travelling to the United Kingdom to work on an aircraft departing from the United Kingdom,
ii
travelling to attend work-related training in the United Kingdom,
iii
returning to the United Kingdom following work-related training outside of the United Kingdom;
c
“EU-OPS” has the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016.
11
Civil aviation inspectors, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7th December 194422, where they are travelling from the United Kingdom when engaged on inspection duties.
12
1
Any of the following who are travelling from the United Kingdom in the course of their work—
a
drivers and crews on shuttle services and on services for the carriage of passengers or goods by way of the tunnel system,
b
operational, rail maintenance, safety and security workers working on the tunnel system,
c
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 198723,
b
“tunnel system” has the meaning given in section 1(7) of that Act.
13
A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 198424.
14
A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 200325 or sought for extradition pursuant to any other extradition arrangements.
15
A representative of any territory who travelled to the United Kingdom in order to take into custody a person whose surrender has been ordered pursuant to any provision of the Extradition Act 2003.
16
A person who is being extradited or deported from the United Kingdom, and any person who is being removed from, or voluntarily departing from, the United Kingdom, because they do not have leave to enter or remain in the United Kingdom.
17
1
A specialist aerospace engineer, or a specialist aerospace worker, where they are travelling from the United Kingdom in the course of their work.
2
For the purposes of sub-paragraph (1)—
a
“specialist aerospace engineer” means a person who is employed or otherwise engaged to provide engineering services for the purpose of ensuring the continued operation of aviation activities (including but not limited to the provision of maintenance and repair services for production lines, aviation components, grounded aircraft and new aircraft),
b
“specialist aerospace worker” means a person who is employed or otherwise engaged to provide services for the purpose of ensuring safety management and quality assurance as required by relevant standards, guidance and publications on aviation safety produced by the Civil Aviation Authority or the European Union Aviation Safety Agency26.
(This note is not part of the Regulations)