The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020

Regulations 3(2), 7(4)(b) and 9

SCHEDULE 2E+W[F1Exempt persons]

Textual Amendments

PART 1E+WPersons not required to comply with regulation [F24, 5, 7 or 8]

Textual Amendments

1.—(1) A person (“P”) who is—E+W

(a)a member of a diplomatic mission in the United Kingdom;

(b)a member of a consular post in the United Kingdom;

(c)an officer or servant of an international organisation;

(d)employed by an international organisation as an expert or on a mission;

(e)a representative to an international organisation;

(f)a representative at an international or United Kingdom conference who is granted privileges and immunities in the United Kingdom;

(g)a member of the official staff of a representative to an international organisation, or of a person falling within paragraph (f);

(h)described in paragraph (a) or (b) who is passing through the United Kingdom commence or continue their functions at a diplomatic mission or consular post in another country or territory, or to return to the country of their nationality;

(i)a representative of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom;

(j)a representative of the government of a British overseas territory;

(k)a diplomatic courier or a consular courier;

(l)a member of the family forming part of the household of a person falling within any of paragraphs (a) to (k).

(2) The conditions referred to in regulation [F39(2)(a)] (persons exempt from regulation 7 or 8) are that—

(a)the relevant head of the mission, consular post, international organisation, or conference, 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 and Commonwealth Office that—

(i)P is required to undertake work which is essential to the functioning of the mission, consular post, international organisation, conference, or office, or to undertake work 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

(ii)that work cannot be undertaken whilst P is complying with regulation 7 or 8, and

(b)prior to P's arrival in the United Kingdom the Foreign and Commonwealth Office—

(i)has confirmed in writing to the person giving the confirmation referred to in paragraph (a) that it has received that confirmation, and

(ii)where P is a representative of a foreign country or territory, has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 7 or 8.

(3) For the purposes of this paragraph—

(a)“consular courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a consular courier in accordance with Article 35(5) of the Vienna Convention on Consular Relations of 1963,

(b)“consular post” means any consulate-general, consulate, vice-consulate or consular agency,

(c)“diplomatic courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a diplomatic courier in accordance with Article 27(5) of the Vienna Convention on Diplomatic Relations of 1961,

(d)“international organisation” means an international organisation accorded privileges and immunities in the United Kingdom,

(e)“member of a consular post” means a “consular officer”, “consular employee” and “member of the service staff” as defined in Schedule 1 to the Consular Relations Act 1968 M1, and head of consular post” has the meaning given in that Schedule,

(f)“member of a diplomatic mission” means the “head of the mission”, “members of the diplomatic staff”, “members of the administrative and technical staff” and “members of the service staff” as defined in Schedule 1 to the Diplomatic Privileges Act 1964 M2.

(4) This paragraph is without prejudice to any immunity from jurisdiction or inviolability which is accorded to any person described in sub-paragraph (1) under the law of England and Wales apart from these Regulations.

Textual Amendments

Commencement Information

I1Sch. 2 para. 1 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M11968 c. 18. There are amendments but none is relevant.

M21964 c. 81. There are amendments but none is relevant.

2.—(1) A Crown servant or government contractor—E+W

(a)who is required to undertake essential government work related to the United Kingdom border in the United Kingdom within 14 days of arriving in the United Kingdom, or

(b)who is undertaking essential government work related to the United Kingdom border outside the United Kingdom but—

(i)is required to return to the United Kingdom temporarily, and

(ii)will subsequently depart to undertake essential government work related to the United Kingdom border outside the United Kingdom.

(2) For the purposes of sub-paragraph (1) and paragraph 3—

(a)“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989 M3;

(b)“essential government work” means work which has been designated as such by the relevant Department or employer;

(c)“government contractor” has the meaning given in section 12(2) of that Act.

Commencement Information

I2Sch. 2 para. 2 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M31989 c. 6. Section 12 was amended by paragraph 22 of Schedule 10 to the Reserve Forces Act 1996 (c. 14), by paragraph 30 of Schedule 12 to the Government of Wales Act 1998 (c. 38), by paragraph 26 of Schedule 8 to the Scotland Act 1998 (c. 46), by paragraph 9(3) of Schedule 13 to the Northern Ireland Act 1998 (c. 47), by paragraph 9 of Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32), by paragraph 6 of Schedule 14 to the Energy Act 2004 (c. 20), by paragraph 58 of Schedule 4 to the Serious Organised Crime and Police Act 2005, by paragraph 34 of Schedule 10, and paragraph 1 of Schedule 12, to the Government of Wales Act 2006 (c. 32) and by paragraph 36 of Schedule 8 to the Crime and Courts Act 2013 (c. 22).

3.—(1) A person who is a Crown servant, a government contractor, or a member of a visiting force, who—E+W

(a)is required to undertake work necessary to the delivery of essential defence activities, F4...

[F5(aa)has travelled from an exempt country or territory on a vessel or aircraft operated by, or in support of, Her Majesty’s armed forces or by, or in support of, a visiting force and that vessel or aircraft has not taken on any persons, docked in any port or landed in any non-exempt country or territory, or]

(b)has, immediately before the person's arrival, been aboard a vessel operated by or in support of Her Majesty's Naval Service [F6or by, or in support of, a visiting force] for a continuous period of at least 14 days and that vessel has not taken on any persons or docked in any port [F7in a non-exempt country or territory] during that period.

(2) For the purposes of sub-paragraph (1)—

(a)“defence” has the meaning given in section 2(4) of the Official Secrets Act 1989 M4,

(b)“visiting force” means a visiting force within the meaning given in section 12(1) of the Visiting Forces Act 1952 M5, where that force is from a country which is listed under section 1(1)(a) or designated under section 1(1)(b) or 1(2) of the Visiting Forces Act 1952 M6, or which is a country member of the North Atlantic Treaty Organisation.

Textual Amendments

Commencement Information

I3Sch. 2 para. 3 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M51952 c. 67. The definition of “visiting force” in section 12(1) was amended by paragraph 14(1) of Schedule 15 to the Criminal Justice Act 1988 (c. 33).

M6Section 1(a) has been amended numerous times. The countries listed are: Canada, Australia, New Zealand, South Africa, India, Pakistan, Ceylon, Ghana, Malaysia, the Republic of Cyprus, Nigeria, Sierra Leone, Tanganyika, Jamaica, Trinidad and Tobago, Uganda, Kenya, Zanzibar, Malawi, Zambia, Malta, The Gambia, Guyana, Botswana, Lesotho, Singapore, Barbados, Mauritius, Swaziland, Tonga, Fiji, the Bahamas, Bangladesh, Solomon Islands, Tuvalu, Dominica, St. Lucia, Kiribati, St Vincent and the Grenadines, Papua New Guinea, Western Samoa and Nauru, Zimbabwe, the New Hebrides, Belize, Antigua and Barbuda, Saint Christopher and Nevis, Brunei, Maldives, Namibia, Cameroon and Mozambique.

4.  An official of a foreign Government required to travel to the United Kingdom to undertake essential border security duties, or a contractor directly supporting these essential border security duties where—E+W

(a)the official or contractor is in possession of a written notice signed by a senior member of the foreign Government confirming that they are required to undertake essential border security duties in the United Kingdom within 14 days of arrival and that that work cannot be undertaken whilst the person is complying with regulation 7 or 8, or

(b)the official's or contractor's deployment is pursuant to a standing bilateral or multilateral agreement with Her Majesty's Government on the operation of border controls within the United Kingdom.

Commencement Information

I4Sch. 2 para. 4 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

PART 2E+WPersons not required to comply with regulation [F87 or 8]

Textual Amendments

5.  A person who, on arrival in the United Kingdom, passes through to another country or territory without entering the United Kingdom.E+W

Commencement Information

I5Sch. 2 para. 5 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

6.—(1) A road haulage worker or a road passenger transport worker.E+W

(2) For the purposes of this paragraph—

(a)“driver” includes a person who is travelling in a vehicle as a relief driver,

(b)“goods vehicle” has the meaning given in section 192 of the Road Traffic Act 1988 M7,

(c)“public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 1981 M8,

(d)“road haulage worker” means—

(i)the driver of a goods vehicle that is being used in connection with the carriage of goods, other than goods for non-commercial personal use by the driver, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council M9, and who is acting in the course of their employment,

(e)“road passenger transport worker” means—

(i)the driver of a public service vehicle, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council M10, and who is acting in the course of their employment.

Commencement Information

I6Sch. 2 para. 6 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M71988 c. 52. There are amendments to section 192 but none is relevant.

M81981 c. 14. Section 1 was amended by section 139(3) of the Transport Act 1985 (c. 67).

M9OJ No. L 300, 14.11.2009, p. 72.

M10OJ No. L 300, 14.11.2009, p. 88.

7.—(1) Masters and seamen, as defined in section 313(1) of the Merchant Shipping Act 1995 M11, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention 2006 or the Work in Fishing Convention 2007.E+W

(2) For the purposes of sub-paragraph (1) and paragraph 8—

(a)“the Maritime Labour Convention 2006” means the Convention adopted on 23 February 2006 by the General Conference of the International Labour Organisation M12,

(b)“the Work in Fishing Convention 2007” means the Convention adopted at Geneva on 14 June 2007 by the International Labour Organisation M13.

Commencement Information

I7Sch. 2 para. 7 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M111995 c. 21. There are amendments to section 313(1) but none is relevant.

M12Cm. 7049. ISBN 978 010 1889 766.

M13Cm 7375.

8.  A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995 M14, where the pilot has travelled to the United Kingdom in the course of the pilot's work or has been repatriated to the United Kingdom in accordance with the Maritime Labour Convention 2006 or the Work in Fishing Convention 2007.E+W

Commencement Information

I8Sch. 2 para. 8 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M14Schedule 3A was inserted by Schedule 1 to the Marine Safety Act 2003 (c. 16).

9.  An inspector or a surveyor of ships appointed under section 256 of the Merchant Shipping Act 1995 M15, where they have travelled to the United Kingdom in the course of their work.E+W

Commencement Information

I9Sch. 2 para. 9 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M15There are amendments to section 256 but none is relevant.

10.  A person falling within the definition of crew, in paragraph 1 of Schedule 1 to the Air Navigation Order 2016 M16, where the person has travelled to the United Kingdom in the course of their work.E+W

Commencement Information

I10Sch. 2 para. 10 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M16S.I. 2016/765. There are amendments to Schedule 1 but none is relevant.

11.  A civil aviation inspector as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7 December 1944 M17, where the inspector has travelled to the United Kingdom when engaged on inspection duties.E+W

Commencement Information

I11Sch. 2 para. 11 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M17The latest edition of Annex 9, which is published by the International Civil Aviation Organization, is the 15th edition, which applied from 23 February 2018 (ISBN 978-92-9258-301-9).

12.—(1) Any of the following persons who have travelled to the United Kingdom in the course of their work—E+W

(a)drivers and crews on shuttle services and on services for the carriage of passengers or goods by way of the tunnel system,

(b)operational, rail maintenance, safety and security workers working on the tunnel system,

(c)other workers carrying out essential roles for the safe or efficient operation of the tunnel system, shuttle services or services for the carriage of passengers or goods by way of the tunnel system, or relating to the security of the tunnel system or any such services.

(2) For the purposes of sub-paragraph (1)—

(a)“shuttle service” has the meaning given in section 1(9) of Channel Tunnel Act 1987 M18,

(b)“tunnel system” has the meaning given in section 1(7) of that Act.

Commencement Information

I12Sch. 2 para. 12 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

13.—(1) A Crown servant or government contractor—E+W

(a)who is required to undertake essential policing or essential government work in the United Kingdom within 14 days of arriving, or

(b)who is undertaking essential policing or essential government work outside the United Kingdom F9...

(c)who is conducting bi-lateral or multilateral discussions with another state or international organisation.

(2) For the purposes of sub-paragraph (1)—

(a)“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989,

(b)“essential government work” means work that has been designated as such by the Welsh Ministers or the relevant Department or employer, and includes, in particular, work related to national security, the work of the National Crime Agency in pursuance of its statutory functions, immigration, coronavirus and any other crisis response, but does not include work of the kind specified in paragraph 2(1) of Part 1 of this Schedule,

(c)“essential policing” means policing that has been designated as such by the relevant chief officer or chief constable,

(d)“government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989.

Textual Amendments

Commencement Information

I13Sch. 2 para. 13 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

14.  A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 1984 M19.E+W

Commencement Information

I14Sch. 2 para. 14 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

15.  A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003 M20 or sought for extradition pursuant to any other extradition arrangements.E+W

Commencement Information

I15Sch. 2 para. 15 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

16.  A representative of any territory travelling to the United Kingdom in order to take into custody a person whose surrender has been ordered pursuant to any provision of the Extradition Act 2003.E+W

Commencement Information

I16Sch. 2 para. 16 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

17.—(1) A worker engaged in essential or emergency works—E+W

(a)related to water supplies and sewerage services, and

(b)carried out by, for, or on behalf of a water undertaker, sewerage undertaker, water supply licensee, sewerage licensee or local authority,

where the worker has travelled to the United Kingdom in the course of the work.

(2) For the purposes of sub-paragraph (1)—

(a)“essential or emergency works” includes—

(i)inspections, maintenance, repairs, and asset replacement activities,

(ii)monitoring, sampling and analysis of water supplies under the Private Water Supplies (Wales) Regulations 2017 M21, the Water Supply (Water Quality) Regulations 2018 M22, the Private Water Supplies (England) Regulations 2016 M23 or the Water Supply (Water Quality) Regulations 2016 M24,

(b)“sewerage licensee” has the meaning given in section 17BA(6) and 219(1) of the Water Industry Act 1991 M25,

(c)“sewerage services” has the meaning given in section 219(1) of the Water Industry Act 1991 M26,

(d)“sewerage undertaker” means a company appointed as a sewerage undertaker under section 6 of the Water Industry Act 1991 M27,

(e)“water supply licensee” has the meaning given in sections 17A(7) and 219(1) of the Water Industry Act 1991 M28,

(f)“water undertaker” means a company appointed as a water undertaker under section 6 of the Water Industry Act 1991.

Commencement Information

I17Sch. 2 para. 17 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M21S.I. 2017/1041 (W. 270); amended by S.I. 2018/647 (W. 121), S.I. 2019/460 (W. 110) and S.I. 2019/463 (W. 111).

M22S.I. 2018/647 (W. 121); amended by S.I. 2019/463 (W. 111).

M23S.I. 2016/618; relevant amending instruments are S.I. 2017/506, S.I. 2018/707 and S.I. 2019/558.

M24S.I. 2016/614; relevant amending instruments are S.I. 2017/506, S.I. 2018/706, S.I. 2018/378, S.I. 2019/526 and S.I. 2019/558.

M251991 c. 56. Section 17BA(6) was inserted by section 4(1) of the Water Act 2014 (c. 21). The reference to “sewerage licensee” was inserted in section 219(1) by paragraph 120(2)(f) of Schedule 7 to the Water Act 2014.

M26The definition of “sewerage services” was amended by paragraph 120 of Schedule 7 to the Water Act 2014.

M27Section 6 was amended by section 36(2) of and Schedule 8 to the Water Act 2003 (c. 37), Schedule 23 to the Deregulation Act 2015 (c. 20), and Schedule 7 to the Water Act 2014.

M28Section 17A was inserted by section 1 of the Water Act 2014.

[F1017A.—(1) A worker engaged in essential or emergency works relating to flood and coastal erosion risk management on behalf of—E+W

(a)the Environment Agency;

(b)Natural Resources Wales;

(c)a lead local flood authority in Wales;

(d)a lead local flood authority in England.

(2) In sub-paragraph (1), “flood and coastal erosion risk management” (“rheoli’r risg o lifogydd ac erydu arfordirol”) and “lead local flood authority” (“awdurdod llifogydd lleol arweiniol”) have the meaning given by the Flood and Water Management Act 2010.

Textual Amendments

17B.  A worker engaged in essential or emergency works relating to current or former mining operations on behalf of—E+W

(a)the Coal Authority;

(b)a council for a county or county borough in Wales;

(c)Natural Resources Wales.]

Textual Amendments

18.—(1) A worker engaged in essential or emergency works—E+W

(a)related to—

(i)a generating station,

(ii)an electricity interconnector,

(iii)a district heat network as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014 M29,

(iv)communal heating as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014,

(v)automated ballast cleaning and track re-laying systems on a network, or

(vi)the commissioning, maintenance and repair of industrial machinery for use on a network, or

(b)carried out by, for, or on behalf of—

(i)the national system operator,

(ii)a person holding a transmission licence,

(iii)a person holding a distribution licence,

(iv)a person holding a licence under section 7 and 7ZA of the Gas Act 1986 M30,

(v)a LNG import or export facility as defined in section 48 of the Gas Act 1986 M31, or

(vi)a person holding a network licence under section 8 of the Railways Act 1993,

where the worker has travelled to the United Kingdom for the purposes of the work.

(2) For the purposes of sub-paragraph (1)—

(a)“distribution licence” means a licence granted under section 6(1)(c) of the Electricity Act 1989 M32,

(b)“essential or emergency works” includes commissioning, inspections, maintenance, repairs, and asset replacement activities,

(c)“national system operator” means the person operating the national transmission system for Great Britain,

(d)“network” has the meaning given in section 83(1) of the Railways Act 1993 M33,

(e)“transmission licence” means a licence granted under section 6(1)(b) of the Electricity Act 1989,

(f)“electricity interconnector”, “generating station” and “transmission system” have the meanings given in section 64(1) of the Electricity Act 1989 M34.

Commencement Information

I18Sch. 2 para. 18 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M29S.I. 2014/3120. There are no relevant amending instruments.

M301986 c. 44. Section 7ZA was inserted by section 149(6) of the Energy Act 2004.

M31The definition was inserted by S.I. 2011/2704.

M331993 c. 43. There are amendments to section 83(1) but none is relevant.

M34The definition of “electricity interconnector” was inserted by section 147(7) of the Energy Act 2004. The definition of “transmission system” was substituted by paragraph 15 of Schedule 19 to the 2004 Act.

19.—(1) A person who is—E+W

(a)nuclear personnel, and who is essential to the safe and secure operation of a site in respect of which a nuclear site licence has been granted,

(b)a nuclear emergency responder,

(c)an agency inspector, or

(d)a Euratom inspector, provided that the inspector arrives in the United Kingdom before implementation period completion day,

where the person travelled to the United Kingdom in the course of the person's work.

(2) For the purposes of sub-paragraph (1)—

(a)“agency inspector” has the meaning given in section 1(1) of the Nuclear Safeguards Act 2000 M35,

(b)“nuclear emergency responder” means a person providing assistance to the United Kingdom in accordance with the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency done at Vienna on 26 September 1986, who has been duly notified to and accepted by the United Kingdom, where the United Kingdom has requested assistance under that Convention,

(c)“Euratom inspector” means an inspector sent to the United Kingdom by the Commission of the European Union in accordance with Articles 81 and 82 of the Euratom Treaty,

(d)“nuclear personnel” means—

(i)a worker who is employed to carry out work on or in relation to a site in respect of which a nuclear site licence has been granted, or

(ii)an employee of the Nuclear Decommissioning Authority M36,

(e)“nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965 M37.

Commencement Information

I19Sch. 2 para. 19 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M36The Nuclear Decommissioning Authority was established by section 1 of the Energy Act 2004.

M371965 c. 57. Section 1 was substituted by paragraph 17 of Schedule 2 to the Energy Act 2013 (c. 32); by virtue of section 1(2), a licence described in section 1(1) is referred to as a “nuclear site licence”.

20.  An inspector from the Organisation for the Prohibition of Chemical Weapons, within the meaning given to “inspector” by section 24(e) of the Chemical Weapons Act 1996 M38, who has travelled to the United Kingdom for the purposes of an inspection.E+W

Commencement Information

I20Sch. 2 para. 20 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

21.—(1) A person [F11who is]—E+W

(a)carrying out a critical function at a space site,

(b)[F12a spacecraft controller] responsible for command and control of a launch vehicle or spacecraft for nominal operations, collision avoidance or anomalies, or

(c)employed by, or contracted to provide services to, a person who operates or maintains space situational awareness capabilities,

where the person has travelled to the United Kingdom in the course of the work.

(2) For the purposes of sub-paragraph (1)—

(a)“space site” has the meaning given in paragraph 5(3) of Schedule 4 to the Space Industry Act 2018 M39,

(b)“space situational awareness capabilities” means the sensors, systems and analytical services needed to provide time-sensitive warnings of space weather events, orbital collisions, orbital fragmentations or the re-entry of man-made objects from orbit,

(c)“spacecraft” has the meaning given in section 2(6) of the Space Industry Act 2018,

(d)“spacecraft controller” means a person competent, authorised and responsible for maintaining the safe and secure operation of spacecraft through monitoring the status of a spacecraft, issuing manoeuvre commands or controlling other aspects of the spacecraft that influence its behaviour including its motion in space.

Textual Amendments

Commencement Information

I21Sch. 2 para. 21 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

22.—(1) A specialist aerospace engineer, or a specialist aerospace worker, where the engineer or worker has travelled to the United Kingdom in the course of their work.E+W

(2) For the purposes of sub-paragraph (1)—

(a)“specialist aerospace engineer” means a person who is employed or otherwise engaged to provide engineering services for the purpose of ensuring the continued operation of aviation activities (including but not limited to the provision of maintenance and repair services for production lines, aviation components, grounded aircraft and new aircraft),

(b)“specialist aerospace worker” means a person who is employed or otherwise engaged to provide services for the purpose of ensuring safety management and quality assurance as required by relevant standards, guidance and publications on aviation safety produced by the Civil Aviation Authority or the European Union Aviation Safety Agency M40.

Commencement Information

I22Sch. 2 para. 22 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M40The Civil Aviation Authority was established under section 1(1) of the Civil Aviation Act 1971 (c.75). That Act was replaced by a consolidating statute, the Civil Aviation Act 1982 (c.16), section 2(1) of which provides for the continued existence of the Civil Aviation Authority. There are amendments to section 2 but none is relevant. The European Union Aviation Safety Agency was established by Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91.

23.—(1) A person engaged in operational, maintenance or safety activities of a downstream oil facility that has a capacity in excess of 20,000 tonnes, where—E+W

(a)the downstream oil facility is engaged in a specified activity carried on in the United Kingdom in the course of a business, and contributes (directly or indirectly) to the supply of crude oil based fuels to consumers in the United Kingdom or persons carrying on business in the United Kingdom, and

(b)the activities are required to ensure continued safe operation of the facility,

where the person has travelled to the United Kingdom in the course of the person's work.

(2) For the purposes of sub-paragraph (1)—

(a)a facility has a capacity in excess of 20,000 tonnes at any time if it was used in the previous calendar year for the purposes of downstream oil sector activities in relation to more than that number of tonnes of oil,

(b)“specified activities” are—

(i)storing oil,

(ii)handling oil,

(iii)the carriage of oil by sea or inland water,

(iv)conveying oil by pipes,

(v)refining or otherwise processing oil.

Commencement Information

I23Sch. 2 para. 23 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

24.—(1) A worker [F13required to undertake or commence within 14 days of their arrival in the United Kingdom]—E+W

(a)activities on or in relation to [F14an offshore installation],

(b)activities on or in relation to upstream petroleum infrastructure,

(c)critical safety work on [F15an offshore installation or well that is being decommissioned or] preserved pending demolition or reuse, or

(d)activities for the provision of workers, goods, materials or equipment or other essential services required to support the safe operation of the activities referred to in paragraphs (a) to (c).

(2) For the purposes of sub-paragraph (1)—

(a)“offshore [F16installation]” has the meaning given in section 44 of the Petroleum Act 1998 M41,

(b)“upstream petroleum infrastructure” has the meaning given in section 9H of the Petroleum Act 1998 M42,

(c)“[F17well]” has the meaning given in section 45A(10) of the Petroleum Act 1998 M43.

Textual Amendments

Commencement Information

I24Sch. 2 para. 24 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M411998 c. 17. Section 44 was amended by paragraph 11 of Schedule 1 to the Energy Act 2008 (c. 32).

M42Section 9H was substituted by section 74(2) of the Energy Act 2016 (c. 20).

M43Section 45A was inserted by section 75(1) of the Energy Act 2008. There are amendments to section 45A(10) but none is relevant.

25.  A postal operator, as defined in section 27(3) of the Postal Services Act 2011 M44, where the operator has travelled to the United Kingdom in the course of their work.E+W

Commencement Information

I25Sch. 2 para. 25 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

26.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works or services (including commissioning, maintenance and repairs and safety checks) to ensure the continued production, supply, movement, manufacture, storage or preservation of goods, where the worker has travelled to the United Kingdom in the course of their work or otherwise to commence or resume their work.E+W

Commencement Information

I26Sch. 2 para. 26 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

27.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works [F18(including construction, commissioning, installation,] maintenance, repairs and safety checks) or to fulfil contractual obligations or warranty specifications in, or in connection with, waste management facilities used for the management, sorting, treatment, recovery, or disposal of waste (including energy from waste), where the worker has travelled to the United Kingdom in the course of their work.E+W

Textual Amendments

Commencement Information

I27Sch. 2 para. 27 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

[F1928.—(1) A person who has travelled to the United Kingdom for the purpose of transporting material which consists of, or includes, human cells or blood and which is to be used for the provision of a health service by a provider of health services.E+W

(2) For the purposes of this paragraph—

“blood” (“gwaed”) includes blood components;

“health service” (“gwasanaeth iechyd”) has the meaning given by regulation 10(8).]

Textual Amendments

F2029.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

30.  A person who is an “inspector” within the meaning given in regulation 8(1) of the Human Medicines Regulations 2012 M45 who has travelled to the United Kingdom to undertake activities in relation to their role as such a person.E+W

Commencement Information

I28Sch. 2 para. 30 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

31.—(1) A person who—E+W

(a)has travelled to the United Kingdom to—

(i)conduct a clinical trial within the meaning of “conducting a clinical trial” in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004 M46,

(ii)undertake such activities as are necessary or expedient to prepare for the conduct of a clinical trial, or

(iii)carry out any necessary compliance activity in relation to a clinical trial that cannot be conducted remotely,

(b)is a “qualified person” within the meaning of regulation 43 of those Regulations, where they have travelled to the United Kingdom in order to undertake activities in relation to their role as such a person, or

(c)is a “sponsor” within the meaning given in regulation 2(1) of those Regulations of a clinical trial, or carries out the functions or duties of such a sponsor, and has travelled to the United Kingdom to undertake activities in relation to the clinical trial.

(2) For the purposes of sub-paragraph (1), “clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004.

Commencement Information

I29Sch. 2 para. 31 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M46S.I. 2004/1031, to which there are amendments not relevant to these Regulations.

32.  A person who has travelled to the United Kingdom to conduct a “clinical investigation” within the meaning of the Medical Devices Regulations 2002 M47, or to undertake such activities as are necessary or expedient to prepare for the conduct of a clinical investigation or carry out any other necessary compliance activity in relation to a clinical investigation that cannot be conducted remotely.E+W

Commencement Information

I30Sch. 2 para. 32 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

33.—(1) A person who is—E+W

(a)a “qualified person” within the meaning of regulation 41(2) of the Human Medicines Regulations 2012 M48,

(b)a “responsible person” within the meaning of regulation 45(1) of those Regulations, or

(c)“an appropriately qualified person responsible for pharmacovigilance” within the meaning of regulation 182(2)(a) of those Regulations,

where the person has travelled to the United Kingdom in order to undertake activities in relation to their role as such a person.

Commencement Information

I31Sch. 2 para. 33 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

34.—(1) A person who has travelled to the United Kingdom for the purposes of their work in essential infrastructure industries including—E+W

(a)a person involved in essential maintenance and repair of data infrastructure required to reduce and resolve outages, or in the provision of goods and services to support these activities, and

(b)an information technology or telecommunications professional (including information technology consultant, quality analyst, software tester, systems tester, and telecommunications planner), whose expertise is required to—

(i)provide an essential or emergency response to threats and incidents relating to the security of any network and information system, and

(ii)ensure the continued operation of any network and information system.

(2) For the purposes of sub-paragraph (1), “network and information” system has the meaning in regulation 1(2) of the Network and Information Systems Regulations 2018 M49.

Commencement Information

I32Sch. 2 para. 34 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

35.  A person who is engaged in urgent or essential work—E+W

(a)that is necessary for the continued operation of—

(i)electronic communications networks and services as defined in section 32 of the Communications Act 2003 M50, including work relating to maintenance and repair of submarine cables connecting the United Kingdom with other countries, or

(ii)the BBC's broadcasting transmission network and services,

(b)in supply chain companies that maintain the confidentiality, integrity, and availability of the electronic communications networks and services and the BBC transmission network and services,

where the person has travelled to the United Kingdom in the course of their work.

Commencement Information

I33Sch. 2 para. 35 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M502003 c. 21. The definition of “electronic communications network” was amended by S.I. 2011/1210.

36.  A person—E+W

(a)pursuing an activity as an employed or self-employed person in the United Kingdom and who resides in another country to which they usually return at least once a week, or

(b)residing in the United Kingdom and who pursues an activity as an employed or self-employed person in another country to which they usually go at least once a week.

Commencement Information

I34Sch. 2 para. 36 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

[F2137.  A person working on the making of—E+W

(a)a film which is a British film for the purposes of Schedule 1 to the Films Act 1985, or

(b)a television programme which is a British programme for the purposes of Part 15A of the Corporation Tax Act 2009.]

Textual Amendments