The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

These Regulations may be cited as the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021.

These Regulations come into force at 4.00 a.m. on 17th May 2021.

These Regulations extend to England and Wales and apply in relation to England only.

In these Regulations—

• “category 1 arrival” means person who has arrived in England from a category 1 country or territory, and has not been in a category 2 country or territory or a category 3 country or territory in the period beginning with the 10th day before the date of their arrival in England;

• “category 1 country or territory” means a country or territory, or part of a country or territory, specified in Schedule 1 M2;

• “category 2 country or territory” means a country or territory or part of a country or territory specified in Schedule 2 M3;

• “category 3 country or territory” means a country or territory or part of a country or territory specified in Schedule 3 M4;

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

• “the common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M5;

• F195“the Conference of the Parties” means, except in relation to the Kyoto Protocol and the Paris Agreement, the Conference of the Parties to the United Nations Framework Convention on Climate Change;

• F195“the COP” means the conference convened by the Conference of the Parties, comprising—

  1. a

     the 26th session of the Conference of the Parties,

  2. b

     the 16th session of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol,

  3. c

     the third session of the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement, and

  4. d

     all related pre-sessional meetings, sessions of subsidiary bodies and additional meetings, convened in the United Kingdom;

• F195“the COP World Leaders summit event” means—

  1. a

     the event organised by Her Majesty’s Government between 1st and 2nd November 2021 in connection with the COP, or

  2. b

     a meeting, connected to the event described in sub-paragraph (a), between representatives of States, foreign territories or organisations which are represented at the event;

• “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

• “coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus);

• F340“COVID-19 vaccination eligibility criteria” means the conditions in any of regulations 3C to 3H;

• F264“cruise ship” means a vessel, certified to carry more than 200 passengers, engaged on a voyage primarily for leisure or recreation during which passengers stay overnight on board for at least two nights;

• “designated port” means a port designated for the purposes of Schedule 11;

• “device” means an in vitro diagnostic medical device within the meaning given in regulation 2(1) of the Medical Devices Regulations 2002 M6;

• “disability” has the meaning given in the Equality Act 2010 M7 (see section 6 of, and Schedule 1 to, that Act);

• F342...

• F341“eligible traveller” has the meaning given in regulation 3B;

• “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 M8;

• F196“the Kyoto Protocol” means the Protocol to the United Nations Framework Convention on Climate Change signed in Kyoto on 11th December 1997;

• “managed self-isolation package” has the meaning given in paragraph 8 of Schedule 11;

• “operator” except F1where the context otherwise requires, means an operator of a relevant service;

• F197“the Paris Agreement” means the agreement adopted at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change, signed in Paris on 12th December 2015;

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

• “passenger information” has the meaning given in regulation 3(1);

• “Passenger Locator Form” means the form published electronically by the Secretary of State for the provision of passenger information M9;

• “port”, except where the context otherwise requires, means—

  1. a

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

  2. 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 M10;

• “qualifying test” means a test that is a qualifying test for the purposes of regulation 4;

• F2“relevant service” means a commercial transport service on which passengers travel to England from outside the common travel area on a vessel, aircraft or train;

• “Schedule 11 passenger” means a passenger to whom Schedule 11 (additional measures applicable to arrivals from category 3 countries or territories) applies;

• “self-isolate” has the meaning given in regulation 9(2), and “self-isolation” and “self-isolating” are to be construed accordingly;

• “the Self-Isolation Regulations” means the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 M11;

• “sensitivity”, in relation to a device, means how often the device correctly generates a positive result;

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

• “specificity”, in relation to a device, means how often the device correctly generates a negative result;

• “tunnel system” has the meaning given in section 1(7) of the Channel Tunnel Act 1987;

• F198“United Nations Framework Convention on Climate Change” means the United Nations Framework Convention on Climate Change adopted in New York on 9th May 1992.

Schedule 4 (exemptions) describes categories of person who are exempt from certain requirements in accordance with these Regulations.

Schedule 4A contains provisions relating to the COP and the COP World Leaders summit event, and these Regulations are to be read subject to the specific provisions of Schedule 4A.

A person who arrives in England from a country or territory outside the common travel area must, subject to paragraph (2), provide on the Passenger Locator Form the information set out in Schedule 6 (“passenger information”) on their arrival.

A person who presents at immigration control at the Channel Tunnel shuttle terminal area in France M13, with the intention of boarding a shuttle service destined for the United Kingdom, must provide on the Passenger Locator Form their passenger information on so presenting.

Subject to paragraph (4), a person who arrives in England from within the common travel area who has been in a country or territory outside the common travel area at any time in the period beginning with the 10th day before the date of their arrival in England must provide on the Passenger Locator Form their passenger information on their arrival.

A person who has provided passenger information in advance in accordance with paragraph (6) must provide evidence that they have done so if requested by an immigration officer.

If passenger information changes or becomes available to a person required to self-isolate during that person's period of self-isolation that person must, as soon as reasonably possible take all reasonable steps to complete a Passenger Locator Form, or a new Passenger Locator Form, as the case may be.

Nothing in this regulation requires a person to provide any information if that information is not within their possession or control.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this Part—

• “authorised vaccine” means a medicinal product for vaccination against coronavirus—

  1. a

     in relation to doses received in the United Kingdom, authorised—

     1. i

        for supply in the United Kingdom in accordance with a marketing authorisation, or

     2. ii

        by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012,

  2. b

     in relation to doses received in a relevant country listed in the table in paragraph (3), authorised for supply in that relevant country following evaluation by the regulator for the relevant country,

  3. c

     in relation to doses received in a relevant country listed in paragraph (4), which would be authorised as provided for in paragraph (a)(i) or (ii) if the doses were received in the United Kingdom;

• “clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004;

• “Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989;

• “government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989;

• “the licensing authority” has the meaning given in regulation 6(2) (the licensing authority and the Ministers) of the Human Medicines Regulations 2012;

• “marketing authorisation”—

  1. a

     in relation to a vaccine authorised for supply in the United Kingdom or in a member State, has the meaning given in regulation 8(1) (general interpretation) of the Human Medicines Regulations 2012,

  2. b

     in relation to a vaccine authorised for supply in a relevant country listed in the table in paragraph (3) other than a member State, means a marketing authorisation granted by the relevant regulator for the country;

• “medicinal product” has the meaning given in regulation 2 (medicinal products) of the Human Medicines Regulations 2012;

• “NHS COVID pass” means the COVID-19 records 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;

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

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

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

• “relevant country” means a country or territory listed in the first column of the table in paragraph (3) or a country or territory listed in paragraph (4);

• “regulator”, in relation to a relevant country listed in the table in paragraph (3), means the regulator identified in the corresponding row of the second column of the table in that paragraph, and a reference to a regulator in that table is a reference to the regulatory authority of that name designated as a Stringent Regulatory Authority by the World Health Organization pursuant to the operation of the COVAX Facility;

• “United Kingdom vaccine roll-out overseas” means the administration of vaccination against coronavirus to—

  1. a

     Crown servants, government contractors or other personnel posted or based overseas and their dependants under the scheme known as the Foreign, Commonwealth and Development Office staff COVID-19 vaccination programme;

  2. b

     residents of the British overseas territories, the Channel Islands and the Isle of Man, as part of a programme agreed in the overseas territory, any of the Channel Islands, or the Isle of Man with the United Kingdom government; or

  3. c

     military or civilian personnel, government contractors and their dependants at a military posting overseas, including the British overseas territories, the Channel Islands and the Isle of Man, under the vaccination scheme provided or approved by the UK Defence Medical Services.

The table referred to in paragraph (2) is—

The countries and territories referred to in the definitions of “relevant country” and “authorised vaccine” are—

• F538Albania

• Antigua and Barbuda

• F538Bahamas

• Bahrain

• F538Bangladesh

• Barbados

• F538Bosnia and Herzegovina

• F538Brazil

• Brunei

• F538Chile

• F538Colombia

• Dominica

• F538Egypt

• F538Georgia

• F538Ghana

• F538Grenada

• F538Hong Kong

• F538India

• F538Indonesia

• Israel

• F538Jamaica

• Japan

• F538Jordan

• F538Kenya

• F538Kosovo

• Kuwait

• Malaysia

• F538Maldives

• F538Moldova

• F538Montenegro

• F538Morocco

• F538Namibia

• New Zealand

• F538Nigeria

• F538North Macedonia

• F538Oman

• F538Pakistan

• F538The Philippines

• Qatar

• Saudi Arabia

• F538Serbia

• Singapore

• F538South Africa

• South Korea

• F538St Kitts and Nevis

• F538St Lucia

• F538St Vincent and the Grenadines

• Taiwan

• F538Thailand

• F538Turkey

• F538Ukraine

• United Arab Emirates.

• F538Vietnam

Where a course of doses of an authorised vaccine has been administered to a person (“P”) by a person acting on behalf of the United Nations and authorised to administer the vaccination in that capacity, P is to be treated as if they have received those doses in a relevant country listed in paragraph (4), and any reference to doses received in a relevant country, or to the competent health authority of a relevant country in these Regulations is to be construed as including doses administered by a person acting on behalf of the United Nations.

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F543Except as provided in paragraph (9A), this regulation applies to an eligible traveller (“P”), other than an eligible traveller described in regulation 3I, when P arrives in England.

Where P is an adult, P must possess a booking for a day 2 test for themselves and for any child aged 5 or older with whom they are travelling and for whom they have responsibility.

Where P is an adult who arrives without a booking required by paragraph (2), P must as soon as practicable make such a booking.

Where P is a child aged 5 or older, who is unaccompanied by an adult who has responsibility for P, and who arrives without a booking for a day 2 test, the adult with responsibility for P must make a booking for a day 2 test as soon as practicable after P arrives.

P must provide evidence of a booking for a day 2 test if requested by an immigration officer or a constable.

Where P is an adult, and in England, they must undertake the day 2 test.

Where P is a child aged 5 or older, and in England, the adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the day 2 test.

Where P does not undertake a day 2 test as required by this regulation by reason of a reasonable excuse (see regulation 19(1)(c) and (4)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement day 2 test.

Where a replacement day 2 test is undertaken instead of a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation.

Where a word or expression is defined for the purposes of Schedule 4 and is used in paragraph (9A) or (9B) of this regulation, the same definition applies for the purposes of that paragraph.

The Self-Isolation Regulations apply to P or, where P is a child, to R, as if the notification of the positive result were notification from a relevant person under regulation 2A(1) of those Regulations that P has tested positive for coronavirus.

A person who arrives in England having begun their journey outside the common travel area must possess on arrival valid notification of a negative result from a qualifying test taken by that person.

A person 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, must, on so presenting, possess valid notification of a negative result from a qualifying test taken by that person.

A person who possesses valid notification of a negative result from a qualifying test must produce that notification, physically or digitally, if requested to do so by an immigration officer.