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

Further requirements on arrivals from category 2 countries and territories

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.

(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(1);

(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)(2), 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(3).

(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(4), 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 (essential work for foreign country etc), 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;

(f) in paragraph 4, 5, 6, 7, 8, 9, 13(2)(c)(ii), 14, 18, 19, 20 or 27 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, 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;

(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, 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 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.

(1)

1999 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.

(2)

2016 c. 19.

(3)

A 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.

(4)

2006 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.