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

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[F1PART 1AE+W [F2Requirements on persons arriving in England]]

Textual Amendments

Requirement on passengers to provide informationE+W

3.—(1) 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.

(2) A person who presents at immigration control at the Channel Tunnel shuttle terminal area in France M1, 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.

(3) 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.

(4) Paragraph (3) does not apply to a person who arrives in England from Scotland, Wales or Northern Ireland and who has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland, specifying—

(a)in the case of a person who is required to comply with regulation F3... 9 (F4... category 3 arrivals) [F5or Schedule 11 (additional measures applicable to arrivals from category 3 countries or territories)], an address in England where that person intends to self-isolate; or

(b)in the case of any other person, an address in England where that person intends to stay during the period of 10 days beginning on the day after the date of their arrival in the United Kingdom.

(5) A person who is travelling with a child for whom they have responsibility, must ensure that passenger information is provided in relation to that child on the Passenger Locator Form—

(a)on their arrival in England, in the case of a person described in paragraph (1) or (3); or

(b)when they present at immigration control, in the case of a person described in paragraph (2).

[F6(6) A person described in paragraph (1) to (3), or who has an obligation under paragraph (5), is treated as having complied with those paragraphs (as applicable) if they provide the specified passenger information on the Passenger Locator Form—

(a)in the case of a person arriving in England on a cruise ship, in the 21 days before they are required to provide the information, or

(b)in any other case, in the [F73 days] before they are required to provide the information.]

(7) 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.

(8) 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.

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

(10) [F8The] following are not required to comply with this regulation—

(a)a person described in regulation 9(14) [F9who is a non-category 3 arrival];

[F10(b)a person described in any of the following provisions of Schedule 4—

(i)Part 2 (transport workers);

(ii)Part 3 (border security duties);

(iii)paragraph 19(1) (diplomats etc.);

(iv)paragraph 19(2), (3) or (4) (international organisations etc.) where the Foreign, Commonwealth and Development Office has given confirmation under that paragraph in respect of this regulation;

(v)paragraph 20 (defence personnel);

(vi)paragraph 22 (non-disembarking cruise passengers);

(vii)paragraph 23(2)(a) (non-CTA airside transit passengers).]

F11(bza). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(cza). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(czb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1Reg. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M1Article 4(1) of the Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813) has the effect of extending all frontier control enactments to the control zone in France. A “frontier control enactment” is an enactment which contains provision relating to frontier controls and the definition of “frontier controls” in Schedule 1 to that Order includes controls in relation to health. The Public Health (Control of Disease) Act 1984 and these Regulations made under it therefore apply in the control zone.

[F14Requirement to possess notification of negative test resultE+W

3ZA.—(1) 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.

(2) 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.

F15(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) 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.

(5) A person must as soon as reasonably practicable undertake a test that complies with paragraph 1(a) of Schedule 7 if—

(a)the person requires leave to enter or remain in the United Kingdom;

(b)an immigration officer suspects the person has—

(i)evaded, or attempted to evade, immigration control, or

(ii)been arrested, detained or granted immigration bail by an immigration officer in accordance with the Immigration Acts;

(c)the person fails to produce valid notification of a negative result from a qualifying test when requested to do so by an immigration officer; and

(d)the immigration officer requires the person to undertake such a test.

.

(6) The following persons are not required to comply with this regulation—

[F16(a)a child who—

(i)is under the age of 12, and

(ii)arrives in England from a category 3 country or has at any time in the period beginning with the 10th day before the date of their arrival in England departed from or transited through a category 3 country or territory;]

[F17(b)a person described in any of the following provisions of Schedule 4—

(i)Part 2 (transport workers);

(ii)Part 3 (border security duties);

(iii)paragraph 16 (transporting human cells);

(iv)paragraph 17 or 18 (essential government work etc.) where the relevant Department has certified under either of those paragraphs in respect of this regulation;

(v)paragraph 19(2), (3) or (4) (international organisations etc.) where the Foreign, Commonwealth and Development Office has given confirmation under that paragraph in respect of this regulation;

(vi)paragraph 20 (defence personnel);

(vii)paragraph 22 (non-disembarking cruise passengers)]

F18(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20(e)an eligible traveller.]

(7) For the purposes of this regulation—

(a)a test is a qualifying test if it complies with paragraph 1 of Schedule 7;

(b)a notification of a negative result is valid if —

(i)it is provided through the EU Digital COVID Certificate, or

(ii)it includes the information specified in paragraph 2 of Schedule 7;

F21(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

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