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

Regulation 18(3)

SCHEDULE 13E+WProhibition on the arrival of aircraft and vessels into England

This schedule has no associated Explanatory Memorandum

Interpretation of this ScheduleE+W

1.—(1) In this Schedule—

“controller” means—

(a)

in relation to a commercially operated aircraft or vessel, the person who has management control over the aircraft or vessel when it arrives in England,

(b)

in relation to any other aircraft or vessel, the person who has physical control over the aircraft or vessel when it arrives in England;

“passenger” means a person carried in or on an aircraft or vessel other than a member of the aircraft or vessel's crew;

“port” has the same meaning as in the Merchant Shipping Act 1995 M1.

(2) In the definition of “controller” in sub-paragraph (1) “arrives” means—

(a)in relation to an aircraft, lands;

(b)in relation to a vessel, moors at a port.

Commencement Information

I1Sch. 13 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

Prohibition on arrival of aircraft into EnglandE+W

2.—(1) A controller must not cause or permit an aircraft whose last point of departure was in a country or territory listed in paragraph 4 to land in England unless—

(a)landing in England is reasonably necessary to secure the safety of the aircraft or the health and safety of any person aboard it;

(b)the landing is only for the purpose of refuelling, or aircraft maintenance, and no passengers are permitted to board, or disembark from, the aircraft;

(c)the aircraft is an air ambulance and landing for the purpose of transporting a person for medical treatment; [F1or]

[F2(d)the circumstances specified in regulation 18(2)(c) apply in relation to the aircraft.]

(2) This paragraph does not apply in relation to—

(a)a commercially operated aircraft carrying no passengers;

(b)an aircraft operated by or in support of Her Majesty's Government in the United Kingdom;

(c)an aircraft operated by or in support of a foreign country or territory where, prior to its arrival in England, a United Kingdom Government Department has provided written confirmation to the operator that the aircraft is carrying passengers who are travelling to conduct official business with the United Kingdom.

[F3(d)a commercially operated aircraft carrying passengers that lands at—

(i)Birmingham Airport, or

(ii)Heathrow Airport]

[F4(3) Sub-paragraph (2)(d) does not apply in the period starting at 12 noon on 26th November 2021 and ending at 4 a.m. on 28th November 2021.]

Textual Amendments

F1Sch. 13 para. 2(1): word “or” moved from after para. (b) to after para. (c) (28.8.2021 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(3)(c), 19(2)

Commencement Information

I2Sch. 13 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Prohibition on arrival of vessels into EnglandE+W

3.—(1) A controller must not cause or permit a vessel whose last point of departure was a country or territory listed in paragraph 5 to moor at a port in England unless mooring at a port in England—

(a)is reasonably necessary to secure the safety of the vessel or the health and safety of any person aboard it; or

(b)is otherwise required pursuant to a direction issued under Schedule 3A to the Merchant Shipping Act 1995.

(2) This paragraph does not apply in relation to—

(a)a commercially operated vessel carrying no passengers;

(b)a vessel operated by or in support of Her Majesty's Government in the United Kingdom;

(c)a vessel operated by or in support of a foreign country or territory where, prior to its arrival in England, a United Kingdom Government Department has provided written confirmation to the operator that the vessel is carrying passengers who are travelling to conduct official business with the United Kingdom.

Commencement Information

I3Sch. 13 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

4.  The countries or territories referred to in paragraph 2(1) are—E+W

  • [F5Botswana]

  • [F5Eswatini]

  • [F5Lesotho]

  • [F5Namibia]

  • [F5South Africa]

  • [F5Zimbabwe]

Textual Amendments

Commencement Information

I4Sch. 13 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

5.  The countries or territories referred to in paragraph 3(1) are—E+W

F6...

Textual Amendments

Commencement Information

I5Sch. 13 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

6.  A controller who contravenes paragraph 2(1) or 3(1) commits an offence punishable on summary conviction by a fine.E+W

Commencement Information

I6Sch. 13 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F7Airport operators to ensure passengers use designated terminalsE+W

7.—(1) An airport operator must not cause or permit—

(a)passengers to arrive at a terminal or part of a terminal other than a terminal or part of a terminal designated for direct flights from category 3 countries or territories, if the landing of the aircraft on which they arrived in England would have been prohibited but for paragraph 2(2)(d);

(b)other passengers, apart from Schedule 11 passengers, to arrive at a terminal or part of a terminal designated for direct flights from category 3 countries or territories [F8at any time when category 3 arrivals are being processed in that terminal or part of a terminal]; [F9or]

[F10(c)category 3 arrivals to arrive at a terminal or part of a terminal designated for direct flights from category 3 countries or territories at any time when passengers who are not category 3 arrivals or Schedule 11 passengers are being processed in that terminal or part of a terminal.]

[F11(1A) For the purposes of sub-paragraph (1)(b) [F12and (c)]—

(a)“category 3 arrival” means a passenger who arrives in England on a direct flight from a category 3 country or territory;

(b)a [F13passenger] is being processed in a terminal, or part of a terminal, during the period—

(i)beginning when the passenger (“P”) arrives in that terminal, or that part of a terminal, and

(ii)ending when P exits the place within that terminal, or part of a terminal, where P is required, for the purposes of section 78 of the Customs and Excise Management Act 1979, to declare any thing contained in P’s baggage or carried with P which P obtained outside the United Kingdom.]

(2) Sub-paragraph (1) does not apply where causing or permitting passengers to arrive at a terminal other than in accordance with that sub-paragraph is reasonably necessary to secure the safety of the aircraft or the health and safety of any person.

(3) An airport operator who contravenes sub-paragraph (1) commits an offence punishable on summary conviction by a fine.

(4) For the purposes of this paragraph—

(a)“airport operator” has the meaning given in section 82 of the Airports Act 1986;

(b)a passenger arrives at a terminal or part of a terminal if after disembarking from an aircraft they enter the terminal or part of the terminal for the purpose of entering the United Kingdom or as a transit passenger;

(c)the following are designated for direct flights from category 3 countries or territories—

(i)the part of the terminal at Birmingham Airport known as “South arrival and immigration hall”;

(ii)Heathrow Airport Terminal [F144].]

Textual Amendments