The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021
| Year | 2021 |
2021 No. 582
Public Health, England
The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021
Made 14th May 2021
Laid before Parliament 14th May 2021
Coming into force 17th May 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 19841.
PART 1
Introductory
Citation, commencement, extent and application
1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021.
(2) These Regulations come into force at 4.00 a.m. on 17th May 2021.
(3) These Regulations extend to England and Wales and apply in relation to England only.
Interpretation and introduction of Schedules 1 to 4
2.—(1) In these Regulations—
“category 1 arrival” means person who has arrived in England from a category 1 country or territory, and has not been in a category 2 country or territory or a category 3 country or territory in the period beginning with the 10th day before the date of their arrival in England;
“category 1 country or territory” means a country or territory, or part of a country or territory, specified in Schedule 12;
“category 2 country or territory” means a country or territory or part of a country or territory specified in Schedule 23;
“category 3 country or territory” means a country or territory or part of a country or territory specified in Schedule 34;
“child” means a person under the age of 18;
“the common travel area” has the meaning given in section 1(3) of the Immigration Act 19715;
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus);
“designated port” means a port designated for the purposes of Schedule 11;
“device” means an in vitro diagnostic medical device within the meaning given in regulation 2(1) of the Medical Devices Regulations 20026;
“disability” has the meaning given in the Equality Act 20107(see section 6 of, and Schedule 1 to, that Act);
“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 19718;
“managed self-isolation package” has the meaning given in paragraph 8 of Schedule 11;
“operator” except in regulation 18, means an operator of a relevant service;
“passenger” means a person travelling on a conveyance who is not a member of the conveyance’s crew;
“passenger information” has the meaning given in regulation 3(1);
“Passenger Locator Form” means the form published electronically by the Secretary of State for the provision of passenger information9;
“port”, except where the context otherwise requires, means—
(a) any port (including a seaport, airport or heliport), or
(b) a place which is an authorised terminal control point for international services for the purposes of sections 11 and 12 of the Channel Tunnel Act 198710;
“qualifying test” means a test that is a qualifying test for the purposes of regulation 4;
“relevant service” means a commercial transport service carrying passengers travelling to England from outside the common travel area, other than a shuttle service;
“Schedule 11 passenger” means a passenger to whom Schedule 11 (additional measures applicable to arrivals from category 3 countries or territories) applies;
“self-isolate” has the meaning given in regulation 9(2), and “self-isolation” and “self-isolating” are to be construed accordingly;
“the Self-Isolation Regulations” means the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 202011;
“sensitivity”, in relation to a device, means how often the device correctly generates a positive result;
“shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987;
“specificity”, in relation to a device, means how often the device correctly generates a negative result;
“tunnel system” has the meaning given in section 1(7) of the Channel Tunnel Act 1987.
(2) For the purposes of these Regulations, an individual has responsibility for a child if the individual—
(a)
(a) has custody or charge of the child for the time being, or
(b)
(b) has parental responsibility for the child within the meaning given in section 3 of the Children Act 198912.
(3) For the purposes of these Regulations, a person (“P”) is not treated as departing from or transiting through a country or territory, or part of a country or territory, if P arrives in and leaves that country, territory of part thereof by air, rail or sea and at all times whilst there—
(a)
(a) remains on the aircraft or vessel upon which P arrived and no other passenger is permitted to be taken on board; or
(b)
(b) remains on the train upon which P arrived and no other passenger is permitted to be taken on board the carriage in which P is travelling; or
(c)
(c) is kept separated from passengers who did not arrive on the same aircraft, train or vessel as P, and no such passengers are permitted to be taken on board the aircraft, train or vessel on which P leaves that country, territory, or part.
(4) For the purposes of these Regulations a person is not treated as having been in a country or territory if—
(a)
(a) the person has only been on a vessel which has been in the territorial waters of that country or territory;
(b)
(b) the person did not disembark from that vessel while it was in the territorial waters of that country or territory;
(c)
(c) that vessel did not moor at a port in that country or territory; and
(d)
(d) no passenger was permitted to be taken on board that vessel while it was in the territorial waters of that country or territory.
(5) Schedule 4 (exemptions) describes categories of person who are exempt from certain requirements in accordance with these Regulations.
PART 2
Requirements on persons arriving in England
Requirement on passengers to provide information
3.—(1) A person who arrives in England from a country or territory outside the common travel area must, subject to paragraph (2), provide on the Passenger Locator Form the information set out in Schedule 6 (“passenger information”) on their arrival.
(2) A person who presents at immigration control at the Channel Tunnel shuttle terminal area in France13, with the intention of boarding a shuttle service destined for the United Kingdom, must provide on the Passenger Locator Form their passenger information on so presenting.
(3) Subject to paragraph (4), a person who arrives in England from within the common travel area who has been in a country or territory outside the common travel area at any time in the period beginning with the 10th day before the date of their arrival in England must provide on the Passenger Locator Form their passenger information on their arrival.
(4) Paragraph (3) does not apply to a person who arrives in England from Scotland, Wales or Northern Ireland and who has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland, specifying—
(a)
(a) in the case of a person who is required to comply with regulation 9 (category 2 and category 3 arrivals), an address in England where that person intends to self-isolate; or
(b)
(b) in the case of any other person, an address in England where that person intends to stay during the period of 10 days beginning on the day after the date of their arrival in the United Kingdom.
(5) A person who is travelling with a child for whom they have responsibility, must ensure that passenger information is provided in relation to that child on the Passenger Locator Form—
(a)
(a) on their arrival in England, in the case of a person described in paragraph (1) or (3); or
(b)
(b) when they present at immigration control, in the case of a person described in paragraph (2).
(6) A person described in any of paragraphs (1) to (3) who provides their passenger information, and any passenger information required by virtue of paragraph (5), on the Passenger Locator Form in the 48 hours before they are required to do so, is treated as having complied with those paragraphs (as applicable).
(7) A person who has provided passenger information in advance in accordance with paragraph (6) must provide evidence that they have done so if requested by an immigration officer.
(8) If passenger information changes or becomes available to a person required to self-isolate during that person’s period of self-isolation that person must, as soon as reasonably possible take all reasonable steps to complete a Passenger Locator Form, or a new Passenger Locator Form, as the case may be.
(9) Nothing in this regulation requires a person to provide any information if that information is not within their possession or control.
(10) Subject to paragraph (11) following are not required to comply with this regulation—
(a)
(a) a person described in regulation 9(14);
(b)
(b) a person described in any of paragraphs 1 to 4 of Schedule 4;
(c)
(c) a person described in any of paragraphs 5 to 10 of Schedule 4 who meets the condition in paragraph 11 of that Schedule;
(d)
(d) a person described in paragraph 15 of Schedule 4.
(11) Notwithstanding paragraph (10), a person is required to comply with this regulation if they—
(a)
(a) are a person described in paragraph (10), other than a person described in paragraph 1(1) or (2) of Schedule 4; and
(b)
(b) have, 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.
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