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

Changes over time for: Section 3A

Version Superseded: 28/02/2022

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[F1Interpretation of PartE+W

This section has no associated Explanatory Memorandum

3A.—(1) For the purposes of this Part—

(a)a child is to be treated as making a declaration on a Passenger Locator Form, and providing any proof required, if that declaration is made, and the proof provided, by a person who is travelling with and has responsibility for that child;

(b)a person is not treated as having been in a country or territory if that person would not be treated as having departed from or transited through that country or territory by virtue of regulation 2(3);

[F2(c)a reference to a country does not include a reference to the overseas territories and dependencies of that country unless otherwise stated.]

(2) In this Part—

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

(a)

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

(i)

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

(ii)

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

(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,

(c)

in relation to doses received in [F3any other country or territory (including] a relevant country listed in paragraph (4)[F4)], which [F5—

(i)

would be authorised as provided for in paragraph (a)(i) or (ii) if the doses were received in the United Kingdom, or

(ii)

are listed in lines [F610, 11, 12, 13 or 14] of the Guidance Document “Status of COVID-19 Vaccines within WHO EUL/PQ evaluation process” published by the World Health Organisation on [F723rd December] 2021, and authorised or certified in a relevant country listed in paragraph (4);]

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

F8...

F9...

“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”—

(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,

(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 [F10available] on the NHS smartphone app developed and operated by the Secretary of State, through the website at NHS.uk or [F11in] 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;

[F12North American Certificate” means, in relation to a State listed in the table in paragraph (2B), the certificate identified in the corresponding row of the second column of that table;]

[F13“Regulation (EU) 2021/953” means Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic;]

“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—

(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; [F14or]

(b)

F15...

(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.

[F16“vaccine certificate”, in relation to a passenger (“P”), means a certificate in English, French or Spanish issued by the competent health authority of a relevant country, other than a European country listed in the table in paragraph (3) or the United States of America, which contains—

(a)

P’s full name;

(b)

P’s date of birth;

(c)

the name and manufacturer of the vaccine that P received;

(d)

the date that P received the dose of the vaccine or, as the case may be, each dose of the vaccine;

(e)

details of the identity of the issuer of the certificate or the country of vaccination or both.]

[F17(2A) The following countries and territories are approved third countries or territories for the purposes of this Part—

Albania
Armenia
[F18Cape Verde]
[F18El Salvador]
Faroe Islands
Israel
Morocco
North Macedonia
Panama
[F18Togo ]
Turkey
Ukraine.

(2B) The table referred to in the definition of “North American Certificate” in paragraph (2) is—

State	Certificate Name
California	Digital COVID-19 Vaccine Record
New York	Excelsior Pass Plus
Washington State	WA Verify]

(3) The table referred to in paragraph (2) [F19except in the definition of “North American Certificate] is—

Relevant country	Regulator

A member State	European Medicines Agency
Andorra	European Medicines Agency
Iceland	European Medicines Agency
Liechtenstein	European Medicines Agency
Monaco	European Medicines Agency
Norway	European Medicines Agency
San Marino	European Medicines Agency
The Vatican City State	European Medicines Agency
Switzerland	Swissmedic
The United States of America	United States Food and Drug Administration
Australia	The Therapeutic Goods Administration
Canada	Health Canada

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

[F20Albania]
[F21Algeria]
[F22Angola]
[F22Anguilla]
Antigua and Barbuda
[F22Argentina]
[F22Armenia]
[F22Azerbaijan]
[F20Bahamas]
Bahrain
[F20Bangladesh]
Barbados
[F23Belarus]
[F22Belize]
[F22Bermuda]
[F24Bhutan]
[F23Bolivia]
[F20Bosnia and Herzegovina]
[F22Botswana]
[F20Brazil]
[F22British Antarctic Territory]
[F22British Indian Ocean Territory]
[F22British Virgin Islands]
Brunei
[F22Cambodia]
[F24Cameroon]
[F22Cayman Islands]
[F20Chile]
[F21China]
[F20Colombia]
[F22Costa Rica]
[F24Côte d’Ivoire]
[F24Cyprus, northern]
[F23Democratic Republic of the Congo]
[F22Djibouti]
Dominica
[F23Dominican Republic]
[F23Ecuador]
[F20Egypt]
[F22Eswatini]
[F22Falkland Islands]
[F24Fiji]
[F20Georgia]
[F20Ghana]
[F22Gibraltar]
[F20Grenada]
[F21Guatemala]
[F22Guernsey]
[F22Guyana]
[F22Honduras]
[F20Hong Kong]
[F20India]
[F20Indonesia]
[F21Iran]
[F24Iraq]
[F22Isle of Man]
Israel
[F20Jamaica]
Japan
[F22Jersey]
[F20Jordan]
[F21Kazakhstan]
[F20Kenya]
[F20Kosovo]
Kuwait
[F21Kyrgyzstan]
[F23Laos]
[F22Lebanon]
[F22Lesotho]
[F24Liberia]
[F23Libya]
[F21Macao SAR]
[F22Madagascar]
[F23Malawi]
Malaysia
[F20Maldives]
[F24Mali]
[F24Mauritania]
[F22Mauritius]
[F21Mexico]
[F20Moldova]
[F22Mongolia]
[F20Montenegro]
[F22Montserrat]
[F20Morocco]
[F23Mozambique]
[F20Namibia]
[F22Nepal]
New Zealand
[F24Niger]
[F20Nigeria]
[F20North Macedonia]
[F22Occupied Palestinian Territories]
[F20Oman]
[F20Pakistan]
[F24Palau]
[F22Panama]
[F24Papua New Guinea]
[F24Paraguay]
[F22Peru]
[F20The Philippines]
[F22Pitcairn, Henderson, Ducie and Oeno Islands]
Qatar
[F22Rwanda]
[F22Saint Helena, Ascension and Tristan da Cunha]
[F23Samoa]
[F21Sao Tome and Principe]
Saudi Arabia
[F23Senegal]
[F20Serbia]
[F22Seychelles]
[F22Sierra Leone]
Singapore
[F24Solomon Islands]
[F20South Africa]
[F22South Georgia and the South Sandwich Islands]
South Korea
[F21South Sudan]
[F22The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus]
[F22Sri Lanka]
[F20St Kitts and Nevis]
[F20St Lucia]
[F20St Vincent and the Grenadines]
[F22Suriname]
Taiwan
[F22Tanzania]
[F20Thailand]
[F24The Gambia]
[F21Timor-Leste]
[F21Tonga]
[F22Trinidad and Tobago]
[F22Tunisia]
[F20Turkey]
[F21Turkmenistan]
[F22Turks and Caicos Islands]
[F22Uganda]
[F20Ukraine]
United Arab Emirates.
[F22Uruguay]
[F24Uzbekistan]
[F23Vanuatu]
[F20Vietnam]
[F23Zambia]
[F23Zimbabwe.]

[F25(5) 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.]]

Textual Amendments

F1Pt. 1B 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), 6

F2Reg. 3A(1)(c) 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), 4(a) (with reg. 23)

F3Words in reg. 3A(2) 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), 5(2)(a)(i) (with reg. 17(1))

F4Reg. 3A(2): closing bracket 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), 5(2)(a)(ii) (with reg. 17(1))

F5Words in reg. 3A(2) substituted (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), 4(b)(i) (with reg. 23)

F6Words in reg. 3A(2)(c)(ii) substituted (10.1.2022 at 4:00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) Regulations 2022 (S.I. 2022/11), regs. 1(2)(b), 6(2)(a)

F7Words in reg. 3A(2)(c)(ii) substituted (10.1.2022 at 4:00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) Regulations 2022 (S.I. 2022/11), regs. 1(2)(b), 6(2)(b)

F8Words in reg. 3A(2) omitted (11.2.2022 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/125), regs. 1(2), 6(2)(a) (with reg. 37(1)(2))

F9Words in reg. 3A(2) omitted (11.2.2022 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/125), regs. 1(2), 6(2)(b) (with reg. 37(1)(2))

F10Word in reg. 3A(2) 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), 4(b)(ii)(aa) (with reg. 23)

F11Word in reg. 3A(2) 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), 4(b)(ii)(bb) (with reg. 23)