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

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Point in time view as at 30/08/2021.

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There are currently no known outstanding effects for the The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021, PART 2 . Help about Changes to Legislation

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PART 2 E+WRequirements on persons arriving in England

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 9 (category 2 and category 3 arrivals), 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).

(6) A person described in any of paragraphs (1) to (3) who provides their passenger information, and any passenger information required by virtue of paragraph (5), on the Passenger Locator Form in the 48 hours before they are required to do so, is treated as having complied with those paragraphs (as applicable).

(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) Subject to [F1paragraphs (11) and (12)] [F2the] following are not required to comply with this regulation—

(a)a person described in regulation 9(14);

(b)a person described in any of paragraphs 1 to 4 of Schedule 4;

[F3(bza)a category 1 arrival who would have been a person described in paragraph 2 or 4 of Schedule 4 if that person had arrived from a category 2 country or territory;]

[F4(ba)a member of the family forming part of the household of a person falling within paragraph 1(2A) of Schedule 4;]

(c)a person described in any of paragraphs 5 to 10 of Schedule 4 who meets the condition in paragraph 11 of that Schedule;

(d)a person described in paragraph 15 of Schedule 4.

[F5(e)a person described in paragraph 46 of Schedule 4.]

(11) Notwithstanding paragraph (10), a person is required to comply with this regulation if they—

(a)are a person described in paragraph (10), other than a person described in paragraph [F61(1), 1(2), 1(2A) or 46 of Schedule 4 or sub-paragraph (ba) of paragraph (10)]; and

(b)have, 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.

[F7(12) Notwithstanding paragraph (10), a person (“P”) is required to comply with this regulation if—

(a)P is a person described in paragraph 1(2) of Schedule 4, where the relevant international event referred to in that paragraph is the COP, and

(b)P is not—

(i)a person invited by Her Majesty’s Government to attend both the COP World Leaders summit event and the COP, or

(ii)a person described in Schedule 4A.]

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.

Requirement to possess notification of negative test resultE+W

4.—(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.

(3) A person who is travelling with a child aged 11 or over and for whom they have responsibility must—

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

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

possess valid notification of a negative result from a qualifying test taken by that child.

(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 office requires the person to undertake such a test.

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

(a)a child who is under the age of 11;

(b)a person described in paragraph 2, 3, 4, 6, [F86A,] 7, 8, 9, 10, 13, 14, 15 or 34 of Schedule 4 (exemptions);

[F9(ba)a category 1 arrival who would have been a person described in paragraph 2 or 4 of Schedule 4 if that person had arrived from a category 2 country or territory;]

(c)a person described in any sub-paragraph of paragraph 3(1) of Schedule 7 (testing before arrival in England).

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

(c)a child is to be treated as possessing valid notification of a negative result from a qualifying test taken by that child even if that notification is possessed by a person who is travelling with, and has responsibility for, that child.

Textual Amendments

Commencement Information

I2Reg. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Requirements relating to testsE+W

5.—(1) Except as provided in paragraph (6) F10..., regulation 6 applies to a person who arrives in England who—

(a)is a category 1 arrival [F11or an eligible category 2 arrival], other than a person of the description in paragraph (4) [F12or (5)] [F13or a person of the description in paragraph 12 of Schedule 4 (transit passengers)];

(b)is required to self-isolate under—

(i)regulation 9 (requirement to self-isolate), or

(ii)Schedule 11 (additional measures applicable to arrivals from category 3 countries and territories);

(c)is not required to self-isolate under regulation 9 only by virtue of one or more of the following paragraphs of Schedule 4 (exemptions)—

(i)paragraph 1(1)(i) (representatives of foreign countries or territories on official business),

(ii)paragraph 1(1)(j) (representatives of government of British overseas territory),

[F14(iia)paragraph 1(2A) (specified persons on official business),]

(iii)paragraph 4 (foreign officials or contractors with border security duties), F15...

(iv)paragraph 5 (road passenger transport workers),

(v)paragraph 14 (civil aviation inspectors),

(vi)paragraph 16 (certain Crown Servants, persons certified as returning from essential state business etc.),

(vii)paragraph 17 (essential or emergency work outside the United Kingdom), or

(viii)paragraph 30 (postal operators);

(d)falls within the description in paragraph 44 (elite sportspersons and ancillary sportspersons) F16... of Schedule 4; or

(e)may temporarily cease to self-isolate by virtue of paragraph (15)(f)(ii) [F17, (15)(i), (15)(ia) [F18, (15)(ib) or (15)(ic)]] of regulation 9 and the following paragraphs of Schedule 4—

(i)paragraph 4 (foreign officials with border security duties), F19...

(ii)paragraph 5 (road passenger transport workers),

(iii)paragraph 14 (civil aviation inspectors),

(iv)paragraph 21 (water and sewerage workers),

(v)paragraph 22 (flood and coastal defence workers),

(vi)paragraph 23 (electricity workers),

(vii)paragraph 24 (nuclear power workers),

(viii)paragraph 25 (chemical weapons inspectors),

(ix)paragraph 26 (space workers),

(x)paragraph 28 (oil workers),

(xi)paragraph 29 (offshore oil and gas workers) unless paragraph (4) applies to the person,

(xii)paragraph 31 (specialist technical workers),

(xiii)paragraph 32 (specialist waste management workers),

(xiv)paragraph 35 (medicines inspectors),

(xv)paragraph 36 (clinical trial conductors),

(xvi)paragraph 37 (clinical investigators),

(xvii)paragraph 38 (medical and veterinary specialists),

(xviii)paragraph 39 (infrastructure workers), F20...

(xix)paragraph 40 (communications operation workers).

[F21(xixa)paragraph 41 (subsea telecommunications workers),]

[F22(xx)paragraph 42 (regular work abroad),

(xxi)paragraph 48 (senior executives),][F23or]

[F24(xxii)paragraph 49 (London Fashion Week invitees)].

(2) In paragraph (1)(b), the reference to persons required to self-isolate under regulation 9 does not include anyone who may temporarily cease to self-isolate by virtue of regulation 9(15)(f)(ii), (15)(g)(ii), or (15)(i) (and accordingly regulation 6 does not apply to such persons).

(3) Regulation 7 (requirement to undertake workforce tests) applies to a person who is not required to self-isolate under regulation 9 by virtue of any sub-paragraph of regulation 9(15) and the following paragraphs of Schedule 4, or who may temporarily cease to self-isolate or whose obligation to self-isolate under that regulation is otherwise modified by virtue of those provisions—

(a)paragraph 2 (UK officials with border security duties);

(b)paragraph 3 (officials involved in essential defence activities);

(c)paragraph 6 (seamen and masters) other than seamen and masters of fishing vessels within the meaning of the Merchant Shipping Act 1995 M2;

[F25(ca)paragraph 6A (ferry service workers);]

(d)paragraph 7 (pilots);

(e)paragraph 8 (inspectors and surveyors of ships);

(f)paragraph 9 (aircraft crew and pilots);

(g)paragraph 10 (international rail crew, passenger and freight operators);

(h)paragraph 13 (road haulage workers);

(i)paragraph 15 (Channel Tunnel system workers);

(j)paragraph 18 (repatriated prisoners);

(k)paragraph 19 (international prison escorts);

[F26(ka)paragraph 20 (foreign representative taking a person into custody);]

(l)paragraph 27 (aerospace engineers and aerospace workers);

(m)paragraph 34 (persons transporting human blood etc.); or

(n)paragraph 43 (seasonal agricultural workers).

[F27(o)paragraph 45 (essential railway worker);]

[F28(4) Regulation 7 also applies to—

(a)a category 1 arrival who would have been a person to whom paragraph (3) applied if that person had arrived from a category 2 country or territory; and

(b)an eligible category 2 arrival who would have been a person to whom paragraph (3) applied if that person had not met the requirements of regulation 2A.]

(5) Regulation 8 (test requirements: offshore installation workers) applies to a worker who falls within the description in paragraph 29(1)(a) of Schedule 4 who arrives in England and is required to undertake or commence activities on an offshore installation, including critical safety work on an offshore installation [F29or to a category 1 arrival who would have been a person of that description if that person had arrived from a category 2 country or territory].

(6) Regulation 6 does not apply to a person (“P”) where P is—

(a)a person described in paragraph 1(1)(a) to (h) or (k) of Schedule 4 or a member of the family forming part of the household of such a person;

(b)a person described in paragraph 1(1)(i) or (j) (representatives of foreign countries or territories or British Overseas Territories) of Schedule 4 where the conditions in paragraph (7) of this regulation are met;

(c)a member of the family forming part of the household of a person to whom paragraph (b) applies, where—

(i)the conditions in paragraph (7) are met in relation to the person to whom paragraph (b) applies,

(ii)the Foreign, Commonwealth and Development Office has been notified of P's arrival, and

(iii)the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with regulation 6;

(d)[F30subject to paragraph (7A),] a person described in paragraph 1(2) ([F31relevant international event] attendees etc) of Schedule 4;

[F32(da)a specified person travelling to the United Kingdom to conduct official business with the United Kingdom where—

(i)P has been invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs, and

(ii)prior to P’s departure to the United Kingdom the Foreign, Commonwealth and Development Office has confirmed in writing to P that they are travelling to the United Kingdom to conduct official business with the United Kingdom and are not required to comply with regulation 6;

(db)a member of the family forming part of the household of a person to whom paragraph (da) applies where—

(i)the Foreign, Commonwealth and Development Office has been notified of P’s arrival, and

(ii)the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with regulation 6;]

(e)a person described in paragraph 16(1)(a) or (b) (persons certified as returning from essential state business etc.) of Schedule 4 where the relevant Department has certified that P meets this description and is not required to comply with regulation 6;

(f)a person described in paragraph 17 (essential or emergency work outside the United Kingdom) of Schedule 4 where the relevant Department has certified that P is not required to comply with regulation 6.

F33( g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)a person, other than a Schedule 11 passenger, who on arrival in the United Kingdom—

(i)passes through to Guernsey, Jersey or the Isle of Man without entering the United Kingdom; or

(ii)enters the United Kingdom for the sole purpose of continuing a journey to Guernsey, Jersey or the Isle of Man and—

(aa)remains within their port of entry until their departure from England, or

(bb)travels directly from their port of entry to another port of departure in England.

[F34(i)an official of a foreign government within the meaning of paragraph 4 of Schedule 4 who is engaged pursuant to a binding bilateral or multilateral agreement concerning controls at St Pancras, Ebbsfleet, Cheriton, Ashford or Dover.]

(7) The conditions specified in this paragraph are that, prior to P's departure to the United Kingdom—

(a)the relevant head of the mission, consular post, or office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake work in the United Kingdom which is essential to the foreign country represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory; and

(b)the Foreign, Commonwealth and Development Office has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that—

(i)it has received that confirmation, and

(ii)P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 6.

[F35(7A) Notwithstanding paragraph (6)(d), regulation 6 applies to a person who—

(a)is a person described in paragraph 1(2) of Schedule 4, where the relevant international event referred to in that paragraph is the COP, and

(b)is not—

(i)a person invited by Her Majesty’s Government to attend both the COP World Leaders summit event and the COP, or

(ii)a person described in Schedule 4A.]

(8) Where a word or expression is defined for the purposes of Schedule 4 and is used in paragraphs (6) or (7) of this regulation, the same definition applies for the purposes of those paragraphs.

Textual Amendments

F23Reg. 5(1)(e): word “or” moved from after para. (xx) to after para. (xxi) (30.8.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(2), 5(2)(b)(ii)

Commencement Information

I3Reg. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

Requirement to book and undertake testsE+W

6.—(1) This regulation applies to a person (“P”) specified in paragraph (1) of regulation 5 (requirements relating to tests) [F36(other than a person specified in paragraph (6) of that regulation)].

F37(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where P is an adult, P must on their arrival in England possess a testing package—

(a)for themselves; and

(b)for any child aged 5 or older with whom they are travelling and for whom they have responsibility.

(4) Where P is an adult who arrives in England without possessing a testing package required under paragraph (3), P must as soon as practicable obtain such a testing package.

(5) Where P is a child aged 5 or older, who is unaccompanied by an adult who has responsibility for P, and who arrives in England without possessing a testing package, an adult with responsibility for P must obtain a testing package as soon as practicable after P arrives in England.

(6) Subject to paragraph (7), where P [F38is in England and]—

(a)is an adult, they must undertake the tests in accordance with their testing package;

(b)is a child, an adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the tests in accordance with the testing package.

(7) Where P's day 2 test generates a positive result, P is not required to undertake a day 8 test.

(8) Where P does not undertake a 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 test (“a replacement test”) complying with the requirements that apply to the test that was missed.

(9) Where a replacement test is undertaken instead of—

(a)a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation;

(b)a day 8 test, P is to be treated as if they had undertaken a day 8 test in accordance with this regulation.

(10) Schedule 8 (mandatory testing after arrival in England) makes further provision about day 2 and day 8 tests (including the consequences of testing).

(11) A person who possesses a testing package must provide evidence of it if requested by an immigration officer or a constable.

(12) In this regulation—

(a)“day 2 test” means a test for coronavirus which complies with paragraph 6 of Schedule 8 and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(b)“day 8 test” means a test for coronavirus which complies with paragraph 8 of Schedule 8 and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(c)“testing package” means—

(i)where P is a person falling within regulation 5(1)(a) (arrivals from category 1 countries or territories [F39and eligible category 2 arrivals]), a booking for a day 2 test,

[F40(ii)where P is a person falling within regulation 5(1)(b) to (e) (arrivals from category 2 and 3 countries or territories), a booking for a day 2 test and a day 8 test.]

Textual Amendments

Commencement Information

I4Reg. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Requirement to undertake workforce testsE+W

7.—(1) This regulation applies to a person (“P”), to whom regulation 5(3) or (4) applies.

(2) Subject to [F41paragraphs (7) and (10)]—

(a)where P is a person to whom regulation 5(3) applies, P must undertake a workforce test for day 2, day 5 and day 8 in accordance with paragraph (6) in relation to each category of test;

(b)where P is a person to whom regulation 5(4) applies, P must undertake a workforce test for day 2 in accordance with paragraph (6)(c).

(3) Where P does not undertake a workforce test as required by this regulation by reason of a reasonable excuse (see regulation 19(1)(d) and (5)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement workforce test.

(4) Where a replacement workforce test is undertaken instead of—

(a)a workforce test to be undertaken for day 2, P is to be treated as if they had undertaken a workforce test on day 2 in accordance with this regulation;

(b)a workforce test to be undertaken for day 5, P is to be treated as if they had undertaken a workforce test on day 5 in accordance with this regulation;

(c)a workforce test to be undertaken for day 8, P is to be treated as if they had undertaken a workforce test on day 8 in accordance with this regulation.

(5) Schedule 9 (workforce tests) makes further provision about workforce tests (including the consequences of testing).

(6) In these Regulations—

(a)“a replacement workforce test” means a workforce test complying with the requirements that apply to the workforce test that was missed;

(b)“a workforce test” means a test for the detection of coronavirus which is provided or administered under the National Health Service Act 2006 M3;

(c)“a workforce test undertaken for day 2” means a test which is undertaken no later than the end of the second day after the day on which P arrived in England;

(d)“a workforce test undertaken for day 5” means a workforce test which—

(i)is undertaken after a workforce test for day 2,

(ii)is undertaken no earlier than the end of the second day after the day on which P arrived in England, and

(iii)is undertaken before the end of the fifth day after the day on which P arrived in England;

(e)“a workforce test undertaken for day 8” means a workforce test which—

(i)is undertaken after a workforce test undertaken for day 5,

(ii)is undertaken no earlier than the end of the fourth day after the day on which P arrived in England, and

(iii)is undertaken before the end of the eighth day after the day on which P arrived in England.

(7) For any period during which P is a recurring work traveller, paragraph (2) does not apply and paragraph (9) applies to P instead.

(8) P is a “recurring work traveller” where—

(a)P is undertaking work that requires P to enter and leave England on a daily basis, or at intervals of no greater than two days, and is entering and leaving accordingly; and

(b)P does not fall within the description in paragraph 13 of Schedule 4 (road haulage workers).

(9) [F42Subject to paragraph (10), where] this paragraph applies, P must undertake a workforce test—

(a)before the end of the second day after the day P first arrives in England during the period during which P is a recurring work traveller or as soon as reasonably practicable during the time P is next in England after the end of the second day; and

(b)subsequently, within each successive period of three days, beginning with the day after the day on which P took the previous workforce test.

[F43(10) Paragraphs (2) and (9) do not apply where—

(a)P is a person described in any of the following paragraphs of Schedule 4—

(i)paragraph 6 (seamen and masters),

(ii)paragraph 7 (pilots),

(iii)paragraph 8 (inspectors and surveyors of ships),

(iv)paragraph 9 (aircraft crew and pilots),

(v)paragraph 10 (international rail crew, passenger and freight operator),

(vi)paragraph 15 (Channel Tunnel system workers);

(b)P meets the condition in paragraph 11 of Schedule 4 (travel on conveyance without passengers etc.); and

(c)P—

(i)does not disembark from or leave the conveyance on which P travelled to England at any time when the conveyance is moored at a port in England or is otherwise stationary in England, or

(ii)travelled to England on the same conveyance on which they left England and did not disembark from or leave that conveyance at any time when it was moored at a port in a country outside the common travel area or was otherwise stationary in such a country.]

Textual Amendments

Commencement Information

I5Reg. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

Test requirements: offshore installation workersE+W

8.—(1) This regulation applies to a person (“P”) to whom regulation [F445(5)] applies.

(2) P must undertake a day 2 test after arriving in England but before P departs to the offshore installation.

(3) If P intends to depart to the offshore installation before P has received the result of the day 2 test undertaken pursuant to paragraph (2), P must also take a workforce test before P departs to the offshore installation.

(4) If a workforce test undertaken pursuant to paragraph (3) generates a positive result P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until P has received the result of the day 2 test undertaken pursuant to paragraph (2).

(5) If the day 2 test undertaken pursuant to paragraph (2) generates a positive result P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the end of the 10th day after P undertook that test.

(6) If the day 2 test undertaken pursuant to paragraph (2) generates a negative result, from the time that P is notified of that result, P is no longer subject to any requirement to self-isolate by virtue of paragraph (4).

(7) [F45Except where P is a category 1 arrival or an eligible category 2 arrival, and subject to paragraph (8)], while P is on an offshore installation, P must undertake a workforce test before the end of the third day following the day P arrives on the installation and then within each successive 3 day period within 3 days of the test most recently taken.

(8) P is not required to undertake any workforce test after the 10th day after the day P arrived in England.

(9) If a workforce test undertaken pursuant to paragraph (7) generates a positive result, P must—

(a)undertake a day 2 test as soon as reasonably practicable; and

(b)self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the earlier of—

(i)the time P is notified of the result of the day 2 test undertaken pursuant to sub-paragraph (a), or

(ii)the end of the 10th day after the day P arrived in England.

(10) If a day 2 test undertaken pursuant to paragraph (9)(a) generates a positive result, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the 10th day after the day P undertook that test.

(11) If a day 2 test undertaken pursuant to paragraph (9)(a) generates a negative result, from the time that P is notified of that result P is no longer subject to any requirement to self-isolate by virtue of paragraph (9)(b).

[F46(12) Except where P is a category 1 arrival or an eligible category 2 arrival, if P returns to England from the offshore installation on or before the 8th day after the day P arrived in England, P must undertake a day 8 test on, or as soon as reasonably practicable after, the 8th day after the day P arrived in England.]

(13) If the day 8 test undertaken pursuant to paragraph (12) generates a positive result, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the end of the 10th day after P undertook that test.

(14) In this regulation—

“day 2 test” has the same meaning as in regulation 6(12)(a);

“day 8 test” has the same meaning as in regulation 6(12)(b);

“offshore installation” has the same meaning as in paragraph 29 of Schedule 4;

“workforce test” has the same meaning as in regulation 7(6)(b).

Textual Amendments

Commencement Information

I6Reg. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Further requirements on arrivals from category 2 countries and territoriesE+W

9.—(1) This regulation applies where a person (“P”)—

(a)arrives in England from—

(i)a category 2 country or territory,

(ii)within the common travel area or from a category 1 country or territory, and 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 2 country or territory, or

(iii)a category 3 country or territory 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; and

(b)is not a Schedule 11 passenger [F47or an eligible category 2 arrival].

(2) P must remain in isolation from others (“self-isolate”) in accordance with this regulation.

(3) P must self-isolate—

(a)unless sub-paragraph (b), (c), or (d) applies—

(i)where P has arrived from outside the common travel area, at an address specified in P's Passenger Locator Form, as required by regulation 3 and paragraph 2(a) of Schedule 6,

(ii)where P has arrived from within the common travel area, or is a person described in paragraph 1 of Schedule 4 (other than one described in paragraph (15)(a)(i) or (b)), at a place at which they intend to self-isolate while in England,

(iii)where it is not possible for P to self-isolate in accordance with paragraph (i) or (ii), in accommodation facilitated by the Secretary of State for the purposes of P's self-isolation;

(b)where P is an asylum seeker, in accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999 M4;

(c)where P is a person described in paragraph 9(1) of Schedule 10 to the Immigration Act 2016 (powers of Secretary of State to enable person to meet bail conditions) M5, in accommodation provided or arranged under that paragraph; or

(d)where P is a person described in paragraph 13(2)(c)(i) of Schedule 4 (driver of a goods vehicle)—

(i)in the goods vehicle while undertaking the work described in that paragraph,

(ii)in the goods vehicle while not undertaking the work described in that paragraph if P is travelling alone in a goods vehicle with a compartment behind the driver's seat intended to be used for sleeping (“a sleeper cab”), unless paragraph (iii)(bb) applies to P,

(iii)in a hotel, hostel or bed and breakfast accommodation while not undertaking the work described in that paragraph—

(aa)if P is travelling in a goods vehicle without a sleeper cab, or

(bb)if self-isolating in a goods vehicle would contravene Article 8 of Regulation (EC) No. 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport,

(iv)in the goods vehicle or a hotel, hostel or bed and breakfast accommodation while not undertaking the work described in that paragraph if P is travelling with another person in a goods vehicle with a sleeper cab.

(4) The address specified by P in the Passenger Locator Form pursuant to paragraph 2(a) of Schedule 6 must be—

(a)their home;

(b)the home of a friend or family member;

(c)a hotel, hostel, bed and breakfast accommodation, holiday apartment or home, campsite, caravan park or boarding house, canal boat or any other vessel;

(d)a military site or establishment;

(e)accommodation facilitated by the Secretary of State for the purposes of P's self-isolation;

(f)where P is an asylum seeker, accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999; or

(g)where P is a person described in paragraph 9(1) of Schedule 10 to the Immigration Act 2016 (powers of Secretary of State to enable person to meet bail conditions), accommodation provided or arranged under that paragraph.

(5) More than one address may be specified as the place at which P intends to self-isolate in the Passenger Locator Form where—

(a)a legal obligation requires P to change addresses; or

(b)it is necessary for P to stay overnight at an address on their arrival in England before travelling directly to another address at which they will be self-isolating.

(6) In paragraph (3)(a)(ii) “a place at which they intend to self-isolate while in England” means—

(a)where the person has completed a Passenger Locator Form, at an intended place of self-isolation specified in that form;

(b)where the person has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland, at an intended place of self-isolation specified in that form;

(c)in any other case at a place described in paragraph (4)(a) to (c).

(7) P must, on their arrival in England, travel directly to the place at which they are to self-isolate, and must then self-isolate until whichever is the earlier of—

(a)the end of the 10th day after the day on which they arrived in England or, if later, the end of any period that applies by virtue of paragraph 2 or 3 of Schedule 8;

(b)their departure from England; or

(c)the beginning of P's period of self-isolation, where P or R, where P is a child, is notified under regulation 2A or 2B of the Self-Isolation Regulations M6.

(8) In paragraph (7)(c), “period of self-isolation” and “R” have the meanings given for the purposes of Part 1 of the Self-Isolation Regulations (see regulations 3 and 5 of those Regulations).

(9) Paragraph (2) does not require P to remain in isolation—

(a)from any person with whom they were travelling when they arrived in England and who is also self-isolating in the place where P is self-isolating;

(b)where P is self-isolating in their home, from any member of their household;

(c)where P is self-isolating in the home of a friend or family member, from any member of the household of that friend or family member;

(d)where P leaves, or is outside of, the place where they are self-isolating in accordance with paragraph (11)(j), from any person (other than a person who is required by paragraph (2) to self-isolate) whose assistance P reasonably requires in order to undertake the test, by reason of —

(i)P being a child, or

(ii)any disability of P's.

(10) Paragraph (2) does not require P to remain in isolation from a person (“V”) when V is at the place where P is self-isolating—

(a)to provide emergency assistance;

(b)to provide care or assistance, including relevant personal care within the meaning of paragraph 1(1B) or 7(3B) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 M7, to P or to any other person who is living in the place where P is self-isolating;

(c)to provide medical assistance, including to provide any of the services mentioned in paragraph (11)(b), to P or to any other person who is living in the place where P is self-isolating, where this is required urgently or on the advice of a registered medical practitioner;

(d)to provide veterinary services, where this is required urgently or on the advice of a veterinary surgeon;

(e)to provide critical public services, including those mentioned in paragraph (11)(i)(ii);

(f)to administer a test to P in accordance with Schedule 9.

(11) During the period of their self-isolation, P may not leave, or be outside of, the place where P is self-isolating except—

(a)to travel in order to leave England, provided that they do so directly (subject to paragraph 3(1) of Schedule 8);

(b)to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner, including to access services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical or health practitioners, including services relating to mental health;

(c)to undertake a workforce test required by regulation 7;

(d)to access veterinary services where this is required urgently or on the advice of a veterinary surgeon;

(e)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(f)to avoid injury or illness or to escape a risk of harm;

(g)on compassionate grounds, including to attend a funeral of—

(i)a member of P's household,

(ii)a close family member, or

(iii)if no-one within paragraph (i) or (ii) are attending, a friend;

(h)to move to a different place for self-isolation specified in the Passenger Locator Form or a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland;

(i)in exceptional circumstances such as—

(i)to obtain basic necessities such as food and medical supplies for those in the same household (including any pets or animals in the household) where it is not possible to obtain these provisions in any other manner,

(ii)to access critical public services, including—

(aa)social services,

(bb)services provided to victims (such as victims of crime),

(iii)to move to a different place for self-isolation where it becomes impracticable to remain at the address at which they are self-isolating;

(j)for the purposes of, or connected with, undertaking a test in accordance with Schedule 8 or Schedule 10;

(k)if self-isolating in a goods vehicle by virtue of paragraph (3)(d)—

(i)for sanitary reasons,

(ii)to take exercise outside,

(iii)where required or permitted by that paragraph, to move to a different place for self-isolation,

(iv)to inspect the vehicle or its load or to carry out any other task required for the safe and continued operation of the vehicle, including refuelling, and

(v)for any other reason or purpose specified in this paragraph.

(12) For the purposes of this regulation, the place referred to in paragraph (3) includes the premises where P is self-isolating together with any garden, yard, passage, stair, garage, outhouse, or other appurtenance of such premises.

(13) If P is a child, any person who has custody or charge of P during P's period of self-isolation must ensure, so far as reasonably practicable, that P self-isolates in accordance with this regulation.

(14) If P has arrived from Wales or Scotland and is in England, temporarily, for a reason which would constitute an exception under paragraph (11), P is not required to comply with this regulation.

(15) If P is a person described—

(a)in paragraph 1(1) of Schedule 4—

(i)where P is a person described in paragraph 1(1)(a) to (k) of, and meets the conditions set out in paragraph 1(3) of, that Schedule, P is not required to comply with this regulation,

(ii)in any other case, paragraph (3)(b) and (c) does not apply to P;

(b)in paragraph 1(2) of Schedule 4 ([F48relevant international event attendees] etc), P is not required to comply with this regulation;

[F49(ba)in paragraph 1(2A) of Schedule 4 (specified persons on official business), P is not required to comply with this regulation;]

(c)in paragraph 33 of Schedule 4 (healthcare), paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 33 of that Schedule;

(d)in paragraph 43 of Schedule 4 (horticultural work)—

(i)paragraph (2) does not require P to remain in isolation from any other person who is living or working on the specified farm,

(ii)paragraph (3)(a)(i) applies with the modification that the address specified by P as the address at which they intend to self-isolate must be the specified farm, where “specified farm” has the meaning given in paragraph 43 of Schedule 4;

(e)either—

(i)in paragraph 44 of Schedule 4 (elite sports),

(ii)in sub-paragraphs (1)(h) to (l) of paragraph 2 of Schedule 11 (exemptions from additional measures applicable to arrivals from category 3 countries and territories),

P satisfies the requirements of paragraph (2) if P complies with the relevant conditions specified in paragraph 44(4) of Schedule 4;

F50(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50(eb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)in paragraph 4, 5, 6, [F516A,] 7, 8, 9, 13(2)(c)(ii), 14, 18, [F5219 or 20] of Schedule 4 and is—

(i)ordinarily resident in the United Kingdom, P is not required to comply with this regulation,

(ii)not ordinarily resident in the United Kingdom, P is not required to comply with this regulation while undertaking the work or activity described in the relevant paragraph of that Schedule;

(g)in paragraph 10 of Schedule 4, is engaged in work relating to the carriage of passengers by way of the tunnel system and is—

(i)ordinarily resident in the United Kingdom, P is not required to comply with this regulation,

(ii)not ordinarily resident in the United Kingdom, P is not required to comply with this regulation while undertaking that work;

(h)in paragraph 13(2)(c)(i) of Schedule 4 (driver of a goods vehicle) and is ordinarily resident in the United Kingdom, P is only required to comply with this regulation while undertaking the work described in that paragraph;

(i)in paragraph 21, 22, 23, 24, 25, 26, [F5327,] 28, 29, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41 or 45 of Schedule 4, P is not required to comply with this regulation while undertaking the work or activity described in the relevant paragraph of that Schedule;

[F54(ia)in paragraph 42 of Schedule 4, P is not required to comply with this regulation while undertaking, in England, the work-related activity for which they usually travel to another country at least once a week;

(ib)in paragraph 48(1) of Schedule 4, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 48(2) of that Schedule;]

[F55(ic)in paragraph 49(1) of Schedule 4, P satisfies the requirements of paragraph (2) if P complies with the conditions specified in paragraph 49(3) of that Schedule;]

(j)in any other paragraph of Schedule 4, including paragraph 10 in so far as it relates to work other than the carriage of passengers by way of the tunnel system, [F56but not including paragraph 46,] [F57or 47] P is not required to comply with this regulation.

(16) P ceases to be required to comply with this regulation, where P—

(a)has undertaken a test in accordance with Schedule 10; and

(b)is notified in accordance with paragraph 5(2) of that Schedule that the result of that test is negative,

from the time P is so notified.

(17) The full or partial disapplication of the requirement to self-isolate under this regulation that is provided for in paragraphs (15) and (16) does not apply to [F58a] person who is both—

(a)described in paragraph (1)(a)(iii) of this regulation; and

(b)described in paragraph 1(1)(a) to (h) or (k) of Schedule 4.

Textual Amendments

Commencement Information

I7Reg. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M41999 c. 33. Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c. 41), by section 10(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), by section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c. 13), and by paragraph 1 of Schedule 11 to the Immigration Act 2016 (c. 19). Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 and by paragraph 29 of Schedule 10 to the Immigration Act 2016.

M6A person notified, or a child in respect of whom a notification is given, under regulation 2A or 2B will be required to self-isolate in accordance with those Regulations from the moment the notification is given. Regulations 2A and 2B were inserted by S.I. 2021/364.

M72006 c. 47. Paragraph 1(1B) of Schedule 4 was inserted by section 64(3) of the Protection of Freedoms Act 2012 (c. 9) and paragraph 7(3B) was substituted by section 66(2) of that Act.

Further requirements on arrivals from category 3 countries or territoriesE+W

10.—(1) This regulation applies to a person (“P”) where P is a Schedule 11 passenger.

(2) P must remain in isolation from others in accordance with, and otherwise comply with the requirements in, Schedule 11.

(3) The address specified by P in the Passenger Locator Form pursuant to paragraph 2(a) of Schedule 6 must be the designated accommodation which is part of the managed self-isolation package booked by or on behalf of P.

Commencement Information

I8Reg. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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