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

PART 1 E+W Introductory

Citation, commencement, extent and application E+W

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

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

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

Commencement Information

I1 Reg. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Interpretation and introduction of Schedules 1 to 4 E+W

2.—(1) 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 M1 ;

“category 2 country or territory” means a country or territory or part of a country or territory specified in Schedule 2 M2 ;

“category 3 country or territory” means a country or territory or part of a country or territory specified in Schedule 3 M3 ;

“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 M4 ;

[F1 “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;]

[F1 “the COP” means the conference convened by the Conference of the Parties, comprising—

(a)

the 26th session of the Conference of the Parties,

(b)

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

(c)

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

(d)

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

[F1 “the COP World Leaders summit event” means—

(a)

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

(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);

[F2 “COVID-19 vaccination eligibility criteria” means the conditions in any of regulations 3C to 3H;]

[F3 “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;]

F4 ...

“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 M5 ;

“disability” has the meaning given in the Equality Act 2010 M6 (see section 6 of, and Schedule 1 to, that Act);

F5 ...

[F6 “eligible traveller” has the meaning given in regulation 3B;]

[F7 “EU Digital COVID Certificate” means a COVID-19 vaccination, test or recovery certificate issued by either a member state of the European Union, European Economic Area or the European Free Trade Association, or a European microstate;

“European microstate” means Andorra, Monaco, San Marino, the Sovereign Order of St John or the Vatican City State;]

“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 M7 ;

[F8 “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;

[F9 “North American Certificate” has the meaning given in regulation 3A(2);]

“operator” except [F10 where the context otherwise requires], means an operator of a relevant service;

[F11 “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 M8 ;

“port”, except where the context otherwise requires, 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 M9 ;

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

[F12 “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 M10 ;

“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;

[F13 “United Nations Framework Convention on Climate Change” means the United Nations Framework Convention on Climate Change adopted in New York on 9th May 1992.]

(2) For the purposes of these Regulations, an individual has responsibility for a child if the individual—

(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 M11 .

(3) For the purposes of these Regulations, a person (“P”) is not treated as departing from or transiting through a country or territory, or part of a country or territory, if P arrives in and leaves that country, territory [F14 or part] thereof by air, rail or sea and F15 ...—

(a) [F16 at all times whilst there] remains on the F17 ... vessel upon which P arrived and no other passenger is permitted to be taken on board; or

(b) [F18 at all times whilst there] remains on the train [F19 or aircraft] upon which P arrived F20 ...; or

[F21 (ba) remains, at all times whilst waiting for a flight departing from the airport at which P disembarked from an aircraft, within that airport, and departs on a flight from that airport without first passing through immigration control.]

F22 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of these Regulations a person is not treated as having been in a country or territory if—

(a) the person has only been on a vessel which has been in the territorial waters of that country or territory;

(b) the person did not disembark from that vessel while it was in the territorial waters of that country or territory;

(c) that vessel did not moor at a port in that country or territory; and

(d) no passenger was permitted to be taken on board that vessel while it was in the territorial waters of that country or territory.

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

[F23 (6) 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.]

Textual Amendments

F1 Words in reg. 2(1) inserted (30.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(2), 3(2)(a)

F2 Words in reg. 2 inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/1107), regs. 1(2), 3(2)

F3 Words in reg. 2(1) inserted (22.9.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 12) Regulations 2021 (S.I. 2021/1066), regs. 1(2), 3

F4 Words in reg. 2 omitted (30.11.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 21) Regulations 2021 (S.I. 2021/1339), regs. 1(2), 3 (with reg. 16)

F5 Words in reg. 2 omitted (4.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/1107), regs. 1(2), 3(4)

F6 Words in reg. 2 inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/1107), regs. 1(2), 3(3)

F7 Words in reg. 2(1) inserted (22.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 18) Regulations 2021 (S.I. 2021/1289), regs. 1(2), 3(a) (with reg. 23)

F8 Words in reg. 2(1) inserted (30.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(2), 3(2)(b)

F9 Words in reg. 2(1) inserted (22.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 18) Regulations 2021 (S.I. 2021/1289), regs. 1(2), 3(b) (with reg. 23)

F10 Words in reg. 2(1) substituted (19.5.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) Regulations 2021 (S.I. 2021/589), regs. 1(1), 2(2)(a) (with reg. 3(2))

F11 Words in reg. 2(1) inserted (30.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(2), 3(2)(c)

F12 Words in reg. 2(1) substituted (19.5.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) Regulations 2021 (S.I. 2021/589), regs. 1(1), 2(2)(b) (with reg. 3(2))

F13 Words in reg. 2(1) inserted (30.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(2), 3(2)(d)

F14 Words in reg. 2(3) substituted (1.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1210), regs. 1(2), 3(2)(a)(i) (with reg. 17(1))

F15 Words in reg. 2(3) omitted (1.11.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1210), regs. 1(2), 3(2)(a)(ii) (with reg. 17(1))

F16 Words in reg. 2(3)(a) inserted (1.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1210), regs. 1(2), 3(2)(b)(i) (with reg. 17(1))

F17 Words in reg. 2(3)(a) omitted (1.11.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1210), regs. 1(2), 3(2)(b)(ii) (with reg. 17(1))

F18 Words in reg. 2(3)(b) inserted (1.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1210), regs. 1(2), 3(2)(c)(i) (with reg. 17(1))

F19 Words in reg. 2(3)(b) inserted (1.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1210), regs. 1(2), 3(2)(c)(ii) (with reg. 17(1))

F20 Words in reg. 2(3)(b) omitted (1.11.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1210), regs. 1(2), 3(2)(c)(iii) (with reg. 17(1))

F21 Reg. 2(3)(ba) inserted (1.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1210), regs. 1(2), 3(2)(d) (with reg. 17(1))

F22 Reg. 2(3)(c) omitted (1.11.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1210), regs. 1(2), 3(2)(e) (with reg. 17(1))

F23 Reg. 2(6) inserted (9.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/1130), regs. 1(2), 3(2) (with reg. 23)

Commencement Information

I2 Reg. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M1 Category 1 countries and territories are referred to colloquially and in guidance as “Green List” countries and territories.

M2 Category 2 countries and territories are referred to colloquially and in guidance as “Amber List” countries and territories.

M3 Category 3 countries and territories are referred to colloquially and in guidance as “Red List” countries and territories.

M4 1971 c. 77; section 1(3) provides that the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland are collectively referred to in that Act as “the common travel area”.

M5 S.I. 2002/618.

M6 2010 c. 15.

M7 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.

M8 The Passenger Locator Form is available on www.gov.uk. No hard copy version is generally available but, where a person arrives at a place staffed by Immigration Officers, they will be provided with the ability to complete the form electronically on their arrival in England if not completed in advance; assistance will be available for completion of the electronic form if required.

M9 1987 c. 53.

M10 S.I. 2020/1045.

M11 1989 c. 41.

Exemptions for vaccinated travellers and others E+W

F24 2A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Reg. 2A omitted (4.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/1107), regs. 1(2), 4