The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 3) Regulations 2021

This Statutory Instrument corrects errors in S.I. 2021/582 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2021 No. 731

Public Health, England

The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 3) Regulations 2021

Made

19th June 2021

Laid before Parliament

21st June 2021

Coming into force

at 4.00 a.m. on 22nd June 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45B, 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984(1).

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 3) Regulations 2021.

(2) These Regulations come into force at 4.00 a.m. on 22nd June 2021.

(3) These Regulations extend to England and Wales and apply in England only.

Amendment to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

2.—(1) The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021(2) are amended as follows.

(2) In regulation 3—

(a) in paragraph (10)—

(i) in the opening words, after “(11)” insert “the”;

(ii) after sub-paragraph (d), insert—

“(e) a person described in paragraph 46 of Schedule 4.”;

(b) in paragraph (11)(a), after “or (2)” insert “or paragraph 46”.

(3) In regulation 5—

(a) in paragraph (1), in sub-paragraph (d), after “sportspersons)” insert “or in paragraph 44A (Euro 2020 invitees)”;

(b) in paragraph (6)(d), for “G7”, substitute “relevant international event”.

(4) In regulation 9(15)—

(a) in sub-paragraph (b), for “essential work for foreign country” substitute “relevant international event attendees”;

(b) after sub-paragraph (e), insert—

“(ea) in paragraph 44A of Schedule 4 (Euro 2020 invitees), P satisfies the requirements of paragraph (2) if P complies with the conditions specified in paragraph 44A(3) of Schedule 4;”;

(c) in sub-paragraph (j), after “tunnel system,” insert “but not including paragraph 46,”.

(5) In regulation 16(2), for sub-paragraph (a), substitute—

“(a) whom the operator, or a person acting on behalf of the operator, reasonably believes—

(i) is not required to comply with the requirement in regulation 3(1) or (2), or

(ii) has a reasonable excuse for failing to comply with that requirement;”.

(6) In regulation 19—

(a) in paragraph (9), in the opening words, after “for the”, insert “relevant”;

(b) in paragraph (19), in the opening words, for “(11)” substitute “(10)”.

(7) In regulation 22—

(a) in paragraph (2)(d)(v), for “to B” substitute “to P”;

(b) in paragraph (5), for “from B” substitute “from P”.

(8) In Schedule 4—

(a) in paragraph 1—

(i) in sub-paragraph (2)(a), for “G7” each time it occurs, substitute “relevant international”;

(ii) in sub-paragraph (4)—

(aa) after paragraph (b), insert—

“(ba) “a COP Ministerial meeting” means—

(i) the Ministerial meeting organised by Her Majesty’s Government between 25th and 26th July 2021 in connection with the Conference of the Parties to the United Nations Framework Convention on Climate Change, adopted in New York on 9th May 1992(3);

(ii) a meeting, connected to the Ministerial meeting referred to in sub-paragraph (i), between representatives of States, foreign territories or organisations which are represented at the Ministerial meeting;”;

(bb) after paragraph (d), insert—

“(da) “a Global Education Summit event” means—

(i) the Global Education Summit being hosted by Her Majesty’s Government in London between 28th and 29th July 2021;

(ii) a meeting, connected to the Global Education Summit referred to in sub-paragraph (i), between representatives of States, foreign territories or organisations which are represented at the Global Education Summit;”;

(cc) after paragraph (g), insert—

“(ga) “relevant international event” means—

(i) a G7 event;

(ii) a COP ministerial Meeting;

(iii) a Global Education Summit event;”;

(b) in paragraph 9(2)(a)(ii), omit “any”;

(c) in paragraph 44—

(i) in sub-paragraph (2), in paragraph (a) of the definition of “domestic ancillary sportsperson”—

(aa) at the end of sub-paragraph (ii), omit “or”;

(bb) after sub-paragraph (ii), insert—

“(iii) broadcast staff and journalists covering that elite sports event, or”;

(ii) in sub-paragraph (4)(e), for sub-paragraph (ii), substitute—

“(ii) P travels directly to, and remains in any place where P is self-isolating, apart from when P—

(aa) is travelling to or from, or attending the location of, any place in which P’s presence is essential to the running of a specified competition;

(bb) is travelling to or from, or attending the location of, any place in which P provides essential support to an international elite sportsperson who is competing in or training for a specified competition;

(cc) is travelling between different locations where any activity described in paragraph (aa) or (bb) is taking place, and”;

(d) after paragraph 44, insert—

“44A.— (1) A Euro 2020 invitee.

(2) For the purposes of this paragraph—

(a) a person (“P”) is a Euro 2020 invitee if P has been invited to attend a Euro 2020 event by the Football Association Limited as—

(i) a member of the Executive of the Union of European Football Associations (UEFA), or of a standing committee of UEFA,

(ii) a member of the Council of the Fédération Internationale de Football Association (FIFA), or the Secretary General of FIFA,

(iii) a member of the Executive body of a Confederation of Football Associations affiliated to FIFA,

(iv) a member of the Executive or board of a member association affiliated to UEFA,

(v) a senior executive of an organisation which is a sponsor or partner of the 2020 UEFA European Football Championship, or

(vi) a senior representative of a country whose team is competing in the 2020 UEFA European Football Championship;

(b) a “Euro 2020 event” is an event being held in the United Kingdom organised by UEFA, the Football Association Limited or Her Majesty’s Government in connection with the 2020 UEFA European Football Championship.

(3) The conditions referred to in regulation 9(15)(ea) are—

(a) P possesses, on arrival in England, written evidence from the Football Association Limited of P’s status as a Euro 2020 invitee at one or more Euro 2020 events, and

(b) P travels directly to and remains in any place where P will be self-isolating apart from when P is travelling to or from, or attending the location of any Euro 2020 event, or travelling between different Euro 2020 events.”;

(e) after paragraph 45, insert—

“46.   A person who is travelling to the United Kingdom under, or who is accompanying someone travelling to the United Kingdom under, the Afghan Relocations and Assistance Policy or the Afghan Locally Employed Staff Ex-Gratia Scheme(4).”.

(9) In Schedule 8, in paragraph 1(1)(g)(i), for “9” substitute “10”.

(10) In Schedule 11, in paragraph 2(1)—

(a) in paragraph (g)—

(i) in sub-paragraph (i), for “G7”, substitute “relevant international event”;

(ii) in sub-paragraph (xi), for “18 or 19” substitute “19 or 20”;

(b) after paragraph (l), insert—

“(m) a Euro 2020 invitee, described in paragraph 44A(2)(a)(i) to (iv) or (vi) of Schedule 4.”.

(11) In Schedule 14—

(a) in paragraph 11, in the opening words, after “3”, insert “, 5 or 16(a)”;

(b) after paragraph 12, insert—

“12A.   Breach of a requirement in paragraph 5 or 16(a) of Schedule 11—

(a) in the case of the first fixed penalty notice, £500;

(b) in the case of the second fixed penalty notice, £1,000;

(c) in the case of the third and subsequent fixed penalty notices, £2,000.”.

(12) In Schedule 16, paragraph 5, for “Regulation” substitute “Regulations”.

Bethell

Parliamentary Under-Secretary of State,

Department of Health and Social Care

19th June 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (S.I. 2021/582) to provide for limited exemptions from the obligation to self-isolate, to provide information on a passenger locator form and the requirements in relation to tests for those attending the Ministerial meeting organised by the government in connection with the Conference of the Parties to the UN Framework Convention on Climate Change, the Global Education Summit, or related events. They also exempt certain categories of invitees of the Football Association Limited at the 2020 UEFA European Football Championship from the obligation to self-isolate, and provide for an exemption in relation to the requirement to provide information for persons travelling to the United Kingdom under arrangements made by the government for locally engaged Afghan staff and their families, and make minor amendments.

An impact assessment has not been prepared for this instrument. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.

(1)

1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

(2)

S.I. 2021/582 amended by S.I. 2021/589, 670 and 682.

(3)

Cm. 2833.

(4)

The Afghan Relocations and Assistance Policy can be found at https://www.gov.uk/government/publications/afghan-relocations-and-assistance-policy-information-and-guidance. The Afghan Locally Employed Staff Ex-Gratia Scheme can be found at https://www.gov.uk/government/publications/afghanistan-locally-employed-staff-ex-gratia-scheme/. Hard copies of these documents can be obtained from the Ministry of Defence, Whitehall, London SW1A 2HB.