The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2022

Regulation 2(1)

SCHEDULE 1 E+W

PART 1 E+W Passenger information to be provided by eligible travellers and persons who are not eligible travellers

1.  Personal details— E+W

(a) full name;

(b) date of birth;

(c) passport number, or travel document reference number (as appropriate), issue and expiry dates and issuing authority;

(d) telephone number;

(e) home address;

(f) email address.

Commencement Information

I1 Sch. 1 para. 1 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

2.  Journey details— E+W

(a) the operator P is travelling, or travelled, with, or through which P’s booking was made;

(b) coach number;

(c) flight number or vessel name;

(d) the location at which P will arrive, or has arrived, in the United Kingdom;

(e) the country P is travelling, or travelled, from;

(f) any other country or territory P will be, or has been, in as part of their journey to the United Kingdom;

(g) where sub-paragraph (f) applies, the dates on which P was or will be in the other country or territory;

(h) the date and time, or planned date and time, as appropriate, of P’s arrival in the United Kingdom;

(i) whether P is connecting through the United Kingdom to a destination outside the United Kingdom and, if so—

(i) the location at which P will depart from in the United Kingdom,

(ii) P’s final destination country,

(iii) the operator P is travelling with or through which the booking was made for the onward journey, and

(iv) the flight number, vessel name or coach number of the onward journey.

Commencement Information

I2 Sch. 1 para. 2 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

3.  Where P intends to take advantage of an exemption as an eligible traveller— E+W

(a) confirmation that P meets one of the exemptions in regulation 3, and

(b) details of which exemption in regulation 3 P falls under.

Commencement Information

I3 Sch. 1 para. 3 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

4.  Where P is travelling with a child for whom they have responsibility, the full name and date of birth of that child. E+W

Commencement Information

I4 Sch. 1 para. 4 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

PART 2 E+W Additional passenger information to be provided by persons who are not eligible travellers

5.  The name of the provider of P’s day 2 test. E+W

Commencement Information

I5 Sch. 1 para. 5 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

6.  The reference number for the test provided to P by the test provider in accordance with regulation 8(6). E+W

Commencement Information

I6 Sch. 1 para. 6 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Regulation 7

SCHEDULE 2 E+W Testing before arrival in Wales

1.—(1) A test complies with this paragraph if— E+W

(a) it is a test for the detection of coronavirus, which is—

(i) a polymerase chain reaction test, or

(ii) undertaken using a device which the manufacturer states has—

(aa) a sensitivity of at least 80%,

(bb) a specificity of at least 97%, and

(cc) a limit of detection of less than or equal to 100,000 coronavirus copies per millilitre,

(b) it is not a test provided or administered under the National Health Service Act 2006, the National Health Service (Wales) Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972, and

(c) the test sample is taken from the person no more than 48 hours before—

(i) in the case of that person travelling to Wales on a commercial transport service, the service’s scheduled time of departure, not including any transit, or

(ii) in any other case, the actual time of departure of the vessel or aircraft on which that person is travelling to Wales, not including any transit.

(2) For the purposes of this paragraph, a person transits through a country or territory if they arrive in that country or territory for the sole purpose of continuing a journey to Wales—

(a) on a conveyance other than the conveyance on which they arrived, or

(b) on the same conveyance, having temporarily disembarked from it.

Commencement Information

I7 Sch. 2 para. 1 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

2.  Notification of a negative test result must include, in English, French, or Spanish, the following information— E+W

(a) the name of the person from whom the sample was taken,

(b) that person’s date of birth or age,

(c) the negative result of the test,

(d) the date the test sample was collected or received by the test provider,

(e) a statement—

(i) that the test was a polymerase chain reaction test, or

(ii) of the name of the device that was used for the test, and

(f) the name of the test provider.

Commencement Information

I8 Sch. 2 para. 2 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

3.—(1) The persons referred to in regulation 7(2)(b) (as not being required to comply with that regulation) are— E+W

(a) a person described in—

(i) paragraph 13(1)(b) of Schedule 5 where, prior to the person’s departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with regulation 7, or

(ii) paragraph 14 of Schedule 5 where, prior to person’s departure to the United Kingdom, the relevant Department has also certified that they are not required to comply with regulation 7;

(b) a crown servant or government contractor (“C”) who is required to undertake essential government work or essential policing in the United Kingdom or is returning from conducting such work outside the United Kingdom where, prior to C’s departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with regulation 7;

(c) a representative (“R”) of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom where, prior to R’s departure to the United Kingdom—

(i) the relevant head of the mission, consular post, or 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, Commonwealth and Development Office that R is required 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) the Foreign, Commonwealth and Development Office has then confirmed in writing to the person giving the notification in sub-paragraph (i) that—

(aa) it has received that confirmation, and

(bb) R is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 7;

(d) a member of aircraft crew carried on a flight for the purpose of performing duties to be assigned by the operator or the pilot in command of the aircraft, in the interests of the safety of the aircraft, where they have travelled to the United Kingdom in the course of their work.

(2) In sub-paragraph (1)—

“consular post” (“swyddfa gonsylaidd”) has the meaning given in paragraph 1(3) of Schedule 5;

“essential government work” (“gwaith llywodraeth hanfodol”) and “essential policing” (“plismona hanfodol”) have the meanings given in paragraph 13(2) of Schedule 5.

Commencement Information

I9 Sch. 2 para. 3 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Regulation 8(5)

SCHEDULE 3 E+W Booking information for day 2 tests

1.—(1) Personal details— E+W

(a) full name;

(b) sex;

(c) ethnicity;

(d) date of birth;

(e) passport number, or travel document reference number (as appropriate);

(f) NHS number (if known and applicable);

(g) telephone number;

(h) home address;

(i) email address.

(2) Journey details—

(a) P’s date of arrival in the United Kingdom;

(b) coach number, flight number or vessel name;

(c) the date on which P was last, or will last have been, outside of the common travel area;

(d) the name of the country or territory P will be travelling from when P arrives in the United Kingdom, and the name of any country or territory P will have been in as part of that journey.

Commencement Information

I10 Sch. 3 para. 1 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Regulation 2(1)

SCHEDULE 4 E+W Requirements for day 2 tests

Day 2 tests: general requirements E+W

1.—(1) A day 2 test complies with this paragraph where the test complies with sub-paragraphs (2) and (3).

(2) The day 2 test is—

(a) provided by a public test provider, or

(b) provided by a private test provider where the private test provider complies with paragraph 2.

(3) The day 2 test complies with this sub-paragraph where—

(a) it is a semi-quantitative test for the detection of coronavirus which—

(i) targets a minimum of two distinguishable coronavirus genes other than the S gene and performance reference controls,

(ii) includes routine in silico assurance against every variant of concern, and

(iii) produces a test solution that provides extracted nucleic acid that is suitable for whole genome sequencing using a specified method,

(b) the manufacturer of any device used for the purposes of the test states that the device—

(i) uses an established molecular detection method,

(ii) has a specificity and a sensitivity greater than or equal to 99% (or a 95% two-sided confidence interval entirely above 97%),

(iii) has a limit of detection of less than or equal to 1,000 coronavirus copies per millilitre, and

(iv) is suitable for identifying every variant of concern, and

(c) any device used for the purposes of the test—

(i) can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations, and

(ii) has been validated no more than 18 months before the test is administered or provided to P.

Commencement Information

I11 Sch. 4 para. 1 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Day 2 tests: general private provider requirements E+W

2.—(1) For the purposes of paragraph 1(2)(b), a private test provider complies with this paragraph where—

(a) they provide day 2 tests in a single end-to-end testing service (whether or not they arrange with another person (“X”) for X to provide one or more elements of the service on their behalf);

(b) a registered medical practitioner has oversight and approval of medical practices undertaken by the private test provider, and responsibility for reporting medical issues;

(c) they have an effective system of clinical governance in place which includes appropriate standard operating procedures in relation to the carrying out of day 2 tests;

(d) a registered clinical scientist has oversight of clinical practices undertaken by the private test provider, and responsibility for reporting clinical issues;

(e) they have systems in place to identify any adverse incidents or quality control issues in relation to day 2 tests and be able to report them as soon as is reasonably practicable to the Welsh Ministers;

(f) if the private test provider is a laboratory that conducts diagnostic test evaluation for testing in accordance with this Schedule, they have made a declaration to the Secretary of State that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting;

(g) they have provided the Secretary of State with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service or to carry out genomic sequencing, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;

(h) the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples;

(i) the laboratory used by the private test provider for the processing of samples meets the relevant requirements for ISO standard 15189 or ISO/IEC standard 17025 in respect of the evaluation of the established molecular detection method and the genome sequencing of samples;

(j) they receive the information required by regulation 8(5)(b) and (c), and they administer or provide the test to P no later than the end of the second day after the day on which P arrived in Wales;

(k) each day, they notify the Secretary of State in writing of—

(i) the number of tests they sold on that day, and

(ii) in relation to each test sold on that day—

(aa) the date of arrival into the United Kingdom of the person in respect of whom the test was sold;

(bb) the test reference number given to P in accordance with regulation 8(6);

(l) they sequence each sample with a cycle threshold less than 30 (equivalent to 1,000 viral genome copies per millilitre);

(m) where—

(i) a sample is to be sequenced in accordance with paragraph (l), and

(ii) the sequencing is to take place at a laboratory (“the sequencing laboratory”) other than the laboratory at which the sample was initially processed (“the diagnostic laboratory”),

they secure that the sample is received at the sequencing laboratory no later than 24 hours after the result of the initial processing becomes known to the diagnostic laboratory;

(n) in respect of the sequencing of samples, they must secure a reference genome coverage breadth of at least 50% and at least 30 times coverage;

(o) on a request by the Welsh Ministers or the COVID-19 Genomics UK Consortium, they make samples available for the purpose of dual sequencing;

(p) they preserve and transport samples in a manner that enables genome sequencing;

(q) they have in place a process to remove human reads from any data submitted in a notification to Public Health Wales pursuant to the Health Protection (Notification) (Wales) Regulations 2010(1);

(r) if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the private test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i) paragraphs (b) to (e) and (g) to (q) of this sub-paragraph;

(ii) paragraph 4(2) and (3).

(2) For the purposes of sub-paragraph (1)(h) and (i), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of paragraph 3.

(3) In this paragraph, “registered clinical scientist” means a person registered as a clinical scientist with the Health and Care Professions Council pursuant to article 5 of the Health Professions Order 2001(2).

Commencement Information

I12 Sch. 4 para. 2 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

UKAS accreditation E+W

3.—(1) Before providing a day 2 test, a private test provider must have been accredited by UKAS to the relevant ISO standard.

(2) If the private test provider arranges with another person (“X”) for X to carry out any element of the testing service on their behalf, the private test provider must—

(a) ensure that X complies with any provision of this paragraph that is relevant to the carrying out of that element, and

(b) subject to sub-paragraph (3), cease to provide tests under arrangement with X if X fails to comply with any such provision.

(3) Sub-paragraph (2)(b) does not apply to a test that was administered before the date that X failed to comply with this paragraph.

(4) In this paragraph—

“the relevant ISO standard” (“y safon ISO berthnasol”) means—

(a)

in the case of a test which requires laboratory processing, ISO standard 15189 or ISO/IEC standard 17025, and

(b)

in the case of a point of care test, ISO standard 15189 and ISO standard 22870, and for this purpose “point of care test” means a test processed outside a laboratory environment;

“UKAS” (“UKAS”) means the United Kingdom Accreditation Service, a company limited by guarantee and incorporated in England and Wales under number 3076190.

Commencement Information

I13 Sch. 4 para. 3 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Notification of test results by private providers E+W

4.—(1) This paragraph applies to a private test provider who administers or provides a day 2 test to P.

(2) The private test provider must, within the relevant timeframe—

(a) notify P and, where applicable, any person who arranges the test on P’s behalf, by email, letter or text message, the result of P’s test, or

(b) make P’s test result available to P and, where applicable, any person who arranges the test on P’s behalf, via a secure web portal,

in accordance with sub-paragraph (3).

(3) The notification of P’s test result must include P’s name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the private test provider and P’s test reference number, and must be conveyed so as to inform P whether the test was negative, positive, or inconclusive.

(4) In this paragraph, “relevant timeframe” means no later than 48 hours after the sample taken for the purposes of the test is received by the diagnostic laboratory.

Commencement Information

I14 Sch. 4 para. 4 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Interpretation E+W

5.  In this Schedule—

“single end-to-end testing service” (“un gwasanaeth profi o’r dechrau i’r diwedd”) means a service which comprises accepting the booking from the person to be tested, collecting and processing the sample to be tested, carrying out genomic sequencing and providing the test result to P;

“specified method” (“dull penodedig”) means a targeted sequence method specific to coronavirus or an equivalent—

(a)

amplicon method, or

(b)

sequence bait capture method;

“validated” (“wedi ei dilysu”), in relation to a device, means confirmed as having a sensitivity of at least 97% and a specificity of at least 99% for at least 150 positive samples and 250 negative samples, by—

(a)

the Welsh Ministers,

(b)

the National Institute for Health and Care Excellence, or

(c)

a laboratory which is accredited by the United Kingdom Accreditation Service (“UKAS”) to ISO standard 15189 or ISO/IEC standard 17025, other than a laboratory which processes tests provided by the test provider for the purposes of this Schedule or is owned by the test provider;

“variant of concern” (“amrywiolyn sy’n destun pryder”) means a variant of coronavirus identified in a designation made by the relevant expert UK Group(3) for the purposes of these Regulations and published in a way that the Welsh Ministers consider to be appropriate.

Commencement Information

I15 Sch. 4 para. 5 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Regulations 5(2), 7(2) and 8(2)

SCHEDULE 5 E+W Exempt persons

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) described in paragraph (a) or (b) who is passing through the United Kingdom to 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;

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

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

(i) a diplomatic courier or a consular courier;

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

(2) The conditions referred to in regulation 8(2)(b) (persons to whom regulation 8 does not apply) are that—

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

(i) P is required to undertake work which is essential to the functioning of the mission, consular post, international organisation, 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 8, and

(b) prior to P’s arrival in the United Kingdom the Foreign, Commonwealth and Development 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 8.

(3) For the purpose 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(4), 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(5).

(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.

Commencement Information

I16 Sch. 5 para. 1 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

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 10 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, “essential government work” means work which has been designated as such by the relevant Department or employer.

Commencement Information

I17 Sch. 5 para. 2 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

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,

(b) has travelled from within the common travel area 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 place outside the common travel area, or

(c) has, immediately before the person’s arrival, been aboard a vessel operated by or in support of Her Majesty’s Naval Service or by, or in support of, a visiting force for a continuous period of at least 10 days and that vessel has not taken on any persons or docked in any port outside the common travel area 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;

(b) “visiting force” means any body, contingent or detachment of the forces of a country, being a body, contingent or detachment for the time being present in the United Kingdom (including United Kingdom territorial waters), on the invitation of Her Majesty’s Government in the United Kingdom.

Commencement Information

I18 Sch. 5 para. 3 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

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 10 days of arrival and that that work cannot be undertaken whilst the person is complying with regulations 6, 7 and 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

I19 Sch. 5 para. 4 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

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

I20 Sch. 5 para. 5 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

6.  A road haulage worker. E+W

Commencement Information

I21 Sch. 5 para. 6 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

7.—(1) A road passenger transport worker. E+W

(2) For the purposes of this paragraph—

(a) “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, and who is acting in the course of their employment;

(b) “public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 1981(6).

Commencement Information

I22 Sch. 5 para. 7 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

8.—(1) Masters and seamen, as defined in section 313(1) of the Merchant Shipping Act 1995(7), 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)—

(a) “the Maritime Labour Convention 2006” means the Convention adopted on 23 February 2006 by the General Conference of the International Labour Organisation(8);

(b) “the Work in Fishing Convention 2007” means the Convention adopted at Geneva on 14 June 2007 by the International Labour Organisation(9).

Commencement Information

I23 Sch. 5 para. 8 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

9.  A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995(10), 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. E+W

Commencement Information

I24 Sch. 5 para. 9 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

10.  An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 or by a government of a relevant British possession as defined in section 313(1) of that Act, where they have travelled to the United Kingdom in the course of their work. E+W

Commencement Information

I25 Sch. 5 para. 10 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

11.—(1) A member of aircraft crew where they have travelled to the United Kingdom in the course of their work or are otherwise required to travel to the United Kingdom for work purposes. E+W

(2) For the purposes of this paragraph—

(a) “member of aircraft crew” means a person who—

(i) acts as a pilot, flight navigator, flight engineer or flight radiotelephony operator of the aircraft,

(ii) is carried on the flight deck and is appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew under article 114(2) of the Air Navigation Order 2016(11), or

(iii) is carried on the flight for the purpose of performing duties to be assigned by the operator or the pilot in command of the aircraft in the interests of the safety of passengers or of the aircraft;

(b) travel for work purposes includes, in particular—

(i) where the member of aircraft crew resides outside the United Kingdom, travelling to the United Kingdom to work on an aircraft departing from the United Kingdom;

(ii) travelling to attend work-related training in the United Kingdom;

(iii) returning to the United Kingdom following work-related training outside the United Kingdom.

Commencement Information

I26 Sch. 5 para. 11 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

12.  A civil aviation inspector as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7 December 1944(12), where the inspector has travelled to the United Kingdom when engaged on inspection duties. E+W

Commencement Information

I27 Sch. 5 para. 12 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

13.—(1) Any person who the relevant Department has certified as meeting the descriptions in paragraph (a), (b) or (c)— E+W

(a) a crown servant or government contractor who is required to undertake essential policing or essential government work in the United Kingdom;

(b) a person returning from undertaking essential state business outside of the United Kingdom;

(c) a person returning to the United Kingdom where this is necessary to facilitate the functioning of a diplomatic mission or consular post of Her Majesty or of a military or other official posting on behalf of Her Majesty.

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

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

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

(c) “essential policing” means activity which has been designated as such on behalf of the relevant chief officer or chief constable;

(d) “essential state business” means activity which has been designated as essential to the United Kingdom or Her Majesty’s Government by the relevant Department, and includes, in particular, bilateral or multilateral discussions with another state or international organisation and visits to another state on behalf of the United Kingdom or Her Majesty’s Government.

Commencement Information

I28 Sch. 5 para. 13 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

14.—(1) A person returning from undertaking essential or emergency work outside of the United Kingdom, which has been certified by the relevant Department as necessary to facilitate essential government work or essential state business. E+W

(2) For the purposes of sub-paragraph (1), “essential government work” and “essential state business” have the same meaning as in paragraph 13.

Commencement Information

I29 Sch. 5 para. 14 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

15.  A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 1984(13). E+W

Commencement Information

I30 Sch. 5 para. 15 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

16.  A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003(14) or sought for extradition pursuant to any other extradition arrangements. E+W

Commencement Information

I31 Sch. 5 para. 16 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

17.  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

I32 Sch. 5 para. 17 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

18.—(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 sub-paragraph (1)—

(a) “blood” includes blood components;

(b) “health service” means a service provided for or in connection with—

(i) the prevention, diagnosis or treatment of illness, or

(ii) the promotion or protection of public health.

Commencement Information

I33 Sch. 5 para. 18 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

(1)

S.I. 2010/1546 (W. 144).

(2)

S.I. 2002/254.

(3)

At the time of coming into force, this is the New and Emerging Respiratory Virus Threats Advisory Group (“NERVTAG”).

(4)

1968 c. 18. There are amendments but none is relevant.

(5)

1964 c. 81. There are amendments but none is relevant.

(6)

1981 c. 14. Section 1 was amended by section 139(3) of the Transport Act 1985 (c. 67).

(7)

1995 c. 21. There are amendments to section 313(1) but none is relevant.

(8)

Cm. 7049. ISBN 978 010 1889 766.

(9)

Cm 7375.

(10)

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

(11)

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

(12)

The 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).

(13)

1984 c. 47.

(14)

2003 c. 41.