The Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021 (revoked)

PART 2 E+W Operator liability in respect of arrivals

Interpretation of Part 2 E+W

5.  In this Part—

“authorised person” [F1 , other than in regulation 7A, means]—

(a)

in relation to passengers arriving by sea, the Secretary of State for Transport;

(b)

in relation to passengers arriving by air, the Civil Aviation Authority;

(c)

in relation to passengers arriving by rail, the Office of Rail and Road;

“child” means a person under the age of 18;

[F2 “designated port” means a port designated for the purposes of Schedule B1A to the International Travel Regulations;]

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 M1 ;

“operator” [F3 , other than in regulation 7A and 8(1A), means] operator of a commercial transport service;

“passenger” means a person travelling on a conveyance who is not a member of the conveyance's crew;

“Passenger Locator Form” has the meaning given in regulation 2(1) of the International Travel Regulations;

“port” means—

(a)

any port (including a seaport, airport or heliport), or

(b)

a place which is an authorised terminal control point for international services for the purposes of sections 11 and 12 of the Channel Tunnel Act 1987 M2 ;

F4 ...

“relevant passenger” means a passenger who fails, without reasonable excuse—

(a)

to provide evidence of having provided passenger information when requested to do so by an immigration officer pursuant to regulation 3(7) of the International Travel Regulations, or

(b)

to produce a [F5 valid notification of a negative result from a qualifying test] when requested to do so by an immigration officer pursuant to regulation 3A(4) of the International Travel Regulations;

“relevant service” means a commercial transport service carrying passengers travelling to England from outside the common travel area, other than a shuttle service;

[F6 “required notification” means notification of the result of a test for the detection of coronavirus which includes, in English, French or Spanish, the following information—

(a)

the name of the person from whom the test sample was taken,

(b)

that person’s date of birth or age,

(c)

the negative result of that test,

(d)

the date the test sample was collected or received by the test provider,

(e)

the name of the test provider and information sufficient to contact that provider,

(f)

the name of the device that was used for the test,]

“the requirement to possess notification of a negative test result” means the requirement in regulation 3A(1) of the International Travel Regulations;

“the requirement to provide information” means the requirement in regulation 3(1) of the International Travel Regulations;

“responsible individual” means an individual who—

(a)

has custody or charge of the child for the time being, or

(b)

has parental responsibility for the child within the meaning given in section 3 of the Children Act 1989 M3 ;

[F7 “Schedule B1A passenger” means a passenger to whom Schedule B1A to the International Travel Regulations applies;]

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

Textual Amendments

F1 Words in reg. 5 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), 22(2)(a) (with reg. 23)

F2 Words in reg. 5 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), 22(2)(b) (with reg. 23)

F3 Words in reg. 5 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), 22(2)(c) (with reg. 23)

F4 Words in reg. 5 omitted (22.1.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information) (England) (Amendment) Regulations 2021 (S.I. 2021/68), regs. 1(2), 4(2)(a)

F5 Words in reg. 5 substituted (22.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information) (England) (Amendment) Regulations 2021 (S.I. 2021/68), regs. 1(2), 4(2)(b)

F6 Words in reg. 5 substituted (22.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information) (England) (Amendment) Regulations 2021 (S.I. 2021/68), regs. 1(2), 4(2)(c)

F7 Words in reg. 5 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), 22(2)(d) (with reg. 23)

Commencement Information

I1 Reg. 5 in force at 15.1.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M1 1971 c. 77. Paragraph 1 was amended by paragraph 3 of Schedule 3 to the Health Protection Agency Act 2004 (c. 17), and by S.I. 1993/1813.

M2 1987 c.53. See section 13(5) of that Act.

M3 1989 c. 41.

Requirement to ensure passengers have completed a Passenger Locator Form E+W

6.—(1) An operator must ensure that a passenger—

(a) who presents at immigration control at the Channel Tunnel shuttle terminal area in France, with the intention of boarding a shuttle service destined for the United Kingdom, has completed a Passenger Locator Form;

(b) who arrives at a port in England on a relevant service has completed a Passenger Locator Form.

[F8 (1A) An operator must ensure that a passenger —

(a) who presents at immigration control at the Channel Tunnel shuttle terminal area in France, with the intention of boarding a shuttle service destined for the United Kingdom, has included in their Passenger Locator Form the information required by paragraph 7 of Schedule 1 to the International Travel Regulations, or

(b) who arrives at a port in England on a relevant service has included in their Passenger Locator Form the information required by paragraph 7 of Schedule 1 to the International Travel Regulations.

(1B) An operator must ensure that a Schedule B1A passenger who arrives at a designated port in England on a relevant service has included in their Passenger Locator Form the booking reference for the managed self-isolation package booked by or on behalf of P as required by paragraph 2(a)(i) of Schedule 1 to the International Travel Regulations.]

(2) [F9 Paragraphs (1), (1A) and (1B) do] not apply in relation to a passenger—

(a) whom the operator, or a person acting on behalf of the operator, reasonably believes is not required to comply with the requirement to provide information;

(b) who informs the operator, or a person acting on behalf of the operator, that they have a disability which prevents them from completing a Passenger Locator Form; or

(c) who is a child, travelling without a responsible individual.

[F10 (3) In addition—

(a) paragraph (1A) does not apply in relation to a passenger (“P”) where the operator, or a person acting on behalf of the operator, reasonably believes—

(i) regulation 3B of the International Travel Regulations (requirement to book, pay for and undertake tests) does not apply to P, or

(ii) P has a reasonable excuse for failing to comply with the requirement in regulation 3B of the International Travel Regulations to arrive in England with a testing package;

(b) paragraph (1B) does not apply in relation to a passenger (“P”) where the operator, or a person acting on behalf of the operator, reasonably believes—

(i) P is not a Schedule B1A passenger, or

(ii) P is a Schedule B1A passenger but has a reasonable excuse for failing to comply with the requirement in paragraph 5 of Schedule B1A to the International Travel Regulations (requirement to arrive in England with a managed self-isolation package).]

Textual Amendments

F8 Reg. 6(1A)(1B) 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), 22(3)(a) (with reg. 23)

F9 Words in reg. 6(2) 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), 22(3)(b) (with reg. 23)

F10 Reg. 6(3) 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), 22(3)(c) (with reg. 23)

Commencement Information

I2 Reg. 6 in force at 1.2.2021, see reg. 1(3)

Requirement to ensure passengers possess notification of negative test result E+W

7.—(1) An operator must ensure that a passenger—

(a) who presents at immigration control at the Channel Tunnel shuttle terminal area in France, with the intention of boarding a shuttle service destined for the United Kingdom, is in possession of a required notification, on so presenting;

(b) who arrives at a port in England on a relevant service is in possession of a required notification.

(2) Paragraph (1) does not apply in relation to a passenger—

(a) whom the operator, or a person acting on behalf of the operator, reasonably believes is not required to comply with the requirement to possess notification of a negative test result or has a reasonable excuse for failing to comply with that requirement;

(b) who is a child, travelling without a responsible individual; or

(c) who is a transit passenger who does not have the right to enter the country or territory from which the relevant service departs.

(3) In this regulation, “transit passenger” means a person who has arrived in the country or territory from which the relevant service departs with the intention of passing through to England without entering that country or territory.

Commencement Information

I3 Reg. 7 in force at 15.1.2021 at 4.00 a.m., see reg. 1(2)

[F11 Requirement to ensure that certain passengers arrive only at designated ports E+W

7A.— (1) An operator must take all reasonable steps to ensure that no Schedule B1A passenger arrives on a relevant transport service at a port in England which is not a designated port.

(2) Paragraph (1) does not apply where—

(a) it is necessary for the pilot in command of the aircraft to land the aircraft by means of which the transport service is provided at a place in England other than a designated port to secure—

(i) the safety or security of the aircraft, or

(ii) the safety of any person aboard the aircraft;

(b) the aircraft is an air ambulance and it is landing otherwise than at a designated port for the purposes of transporting a person for medical treatment;

(c) the pilot in command of the aircraft is instructed by an authorised person to land the aircraft at a place in England which is not a designated port.

(3) In this regulation—

“authorised person” means—

(a)

a constable,

(b)

the Civil Aviation Authority,

(c)

the Secretary of State, or

(d)

a person authorised by the Civil Aviation Authority or the Secretary of State under the Air Navigation Order 2016;

“operator”, in relation to a transport service provided by means of an aircraft, has the meaning given in article 4 of the Air Navigation Order 2016;

“pilot in command” and “private aircraft” have the meanings given in the Air Navigation Order 2016 (see Schedule 1 to that Order);

“relevant transport service”, in relation to an operator, means a transport service provided by or on behalf of that operator;

“Schedule B1A passenger” means a passenger to whom Schedule B1A to the International Travel Regulations applies;

“transport service” means—

(a)

a relevant service,

(b)

a shuttle service,

(c)

a service (other than a relevant service) which—

(i)

is carrying passengers travelling to England from outside the common travel area (whether for payment or valuable consideration or otherwise), and

(ii)

is provided by means of an aircraft (other than a private aircraft), or

(d)

a flight which—

(i)

is carrying passengers travelling to England from outside the common travel area (whether for payment or valuable consideration or otherwise), and

(ii)

is provided by means of a private aircraft.]

Textual Amendments

F11 Reg. 7A 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), 22(4) (with reg. 23)

Offences E+W

8.—(1) An operator who fails to comply with the requirement in—

(a) regulation 6(1), F12 ...

[F13 (aa) regulation 6(1A),

(ab) regulation 6(1B), or]

(b) regulation 7(1),

commits an offence.

[F14 (1A) An operator who fails to comply with the requirement in regulation 7A(1) commits an offence.]

(2) An offence under paragraph (1) [F15 or (1A)] is punishable on summary conviction by a fine.

(3) In relation to the offence in paragraph (1)(a), it is a defence for an operator to show that they recorded a unique passenger reference number for the relevant passenger before that passenger—

(a) presented at immigration control at the Channel Tunnel shuttle terminal area; or

(b) boarded the relevant service,

as the case may be.

(4) In relation to the offence in paragraph (1)(b), it is a defence for an operator to show that the relevant passenger presented a document purporting to be a required notification which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not a required notification.

[F16 (4A) In addition, in relation to the offence in paragraph (1)(aa) or (ab), it is a defence for an operator to show that the operator, or a person acting on behalf of the operator, could not have reasonably been expected to know that the relevant information provided by a passenger on their Passenger Locator Form was false or incorrect in any respect or incomplete.

(4B) For the purposes of paragraph (4A) “relevant information” means the information mentioned in regulation 6(1A) or 6(1B) (as the case may be).

(4C) In relation to the offence in paragraph (1A), it is a defence for an operator to show that the operator, or a person acting on behalf of the operator, could not have reasonably been expected to know that a passenger was a Schedule B1A passenger.]

(5) In this regulation, “unique passenger reference number” means a reference number which has been provided by or on behalf of the relevant passenger and which includes the letters “UKVI” followed immediately by an underscore and thirteen alphanumeric characters.

Textual Amendments

F12 Word in reg. 8(1)(a) omitted (15.2.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/150), regs. 1(1), 22(5)(a)(i) (with reg. 23)

F13 Reg. 8(1)(aa)(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), 22(5)(a)(ii) (with reg. 23)

F14 Reg. 8(1A) 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), 22(5)(b) (with reg. 23)

F15 Words in reg. 8(2) 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), 22(5)(c) (with reg. 23)

F16 Reg. 8(4A)-(4C) 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), 22(5)(d) (with reg. 23)

Commencement Information

I4 Reg. 8(1)(a)(3)(5) in force at 1.2.2021, see reg. 1(3)

I5 Reg. 8(1)(b)(2)(4) in force at 15.1.2021 at 4.00 a.m., see reg. 1(2)

Fixed penalty notices E+W

9.—(1) An authorised person may issue a fixed penalty notice to any operator who the authorised person reasonably believes has committed an offence under regulation 8(1) [F17 or (1A)].

(2) A fixed penalty notice is a notice offering the operator to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the authorised person specified in the notice.

(3) Where an operator is issued with a notice under paragraph (1) in respect of an offence—

(a) no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice;

(b) the operator may not be convicted of the offence if the operator pays the fixed penalty before the end of that period.

(4) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence, including the name of the relevant passenger;

(b) state the period during which (because of paragraph (3)(a)) proceedings will not be taken for the offence;

(c) specify the amount of the fixed penalty;

(d) if the fixed penalty notice relates to an offence under regulation 8(1)(a), inform the operator of the defence described in regulation 8(3) and that no proceedings will be taken for that offence if satisfactory evidence that that defence applies is provided to the authorised person specified in the notice before the end of the period of 28 days following the date of the notice; and

(e) state the name and address of the authorised person to whom payment of the fixed penalty is to be made or evidence of the defence described in regulation 8(3) is to be provided.

(5) The amount of the fixed penalty for the purposes of paragraph (4)(c) is £2,000.

(6) In any proceedings, a certificate that—

(a) purports to be signed on behalf of the authorised person; and

(b) states that—

(i) the payment of a fixed penalty, or

(ii) satisfactory evidence of a defence under regulation 8(3), if relevant,

was not received by the date specified in the certificate,

is evidence of the facts stated.

Textual Amendments

F17 Words in reg. 9(1) 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), 22(6) (with reg. 23)

Commencement Information

I6 Reg. 9(1)-(3)(4)(a)-(c)(e)(5)(6)(a)(b)(i) in force at 15.1.2021 at 4.00 a.m., see reg. 1(2)

I7 Reg. 9(4)(d)(6)(b)(ii) in force at 1.2.2021, see reg. 1(3)

Prosecutions E+W

10.  Proceedings for an offence under regulation 8(1) [F18 or (1A)] may only be brought by an authorised person.

Textual Amendments

F18 Words in reg. 10 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), 22(7) (with reg. 23)

Commencement Information

I8 Reg. 10 in force at 15.1.2021 at 4.00 a.m., see reg. 1(2)

Power to use and disclose information E+W

11.—(1) This regulation applies to any person (“P”) who holds information described in paragraph (2) relating to a relevant passenger (“relevant information”).

(2) The information referred to in paragraph (1) is—

(a) information provided by, or on behalf of, the relevant passenger by way of explanation for failing to comply with regulation 3 or [F19 3A or 3B of, or paragraph 3 of Schedule B1A to,] the International Travel Regulations,

(b) information about the steps taken, pursuant to the International Travel Regulations, in relation to the relevant passenger, including details of any fixed penalty notice issued under those Regulations,

(c) personal details of the relevant passenger, including their—

(i) full name,

(ii) date of birth,

(iii) passport number, or travel document reference number (as appropriate), issue and expiry dates and issuing authority,

(iv) home address,

(v) telephone number,

(vi) email address,

(d) journey details of the relevant passenger, including—

(i) their time and date of arrival in England,

(ii) the name of the operator of the relevant service on which they arrived or through which their booking was made,

(iii) their coach number,

(iv) the flight number or vessel name,

(v) the departure and arrival locations of the relevant service.

(3) P may only use relevant information where it is necessary for the purpose of carrying out a function under these Regulations.

(4) P may only disclose relevant information to another person (“the recipient”) where it is necessary for the recipient to have the relevant information for the purpose of carrying out a function under these Regulations.

(5) This regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(6) Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.

(7) For the purposes of this regulation “data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018 M4 .

Textual Amendments

F19 Words in reg. 11(2)(a) 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), 22(8) (with reg. 23)

Commencement Information

I9 Reg. 11 in force at 15.1.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M4 2018 c. 12.

Review E+W

12.  The Secretary of State must review the need for the requirements imposed by regulations 6 [F20 , 7 and 7A] of these Regulations at least once every 28 days, with the first review being carried out by 8th February 2021.

Textual Amendments

F20 Words in reg. 12 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), 22(9) (with reg. 23)

Commencement Information

I10 Reg. 12 in force at 15.1.2021 at 4.00 a.m., see reg. 1(2)

Expiry E+W

13.—(1) This Part expires at the end of 7th June 2021.

(2) The expiry of this Part does not affect the validity of anything done pursuant to these Regulations before it expires.

Commencement Information

I11 Reg. 13 in force at 15.1.2021 at 4.00 a.m., see reg. 1(2)