The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021

Cited as:SI 2021/150
Jurisdiction:UK Non-devolved

2021No. 150

PUBLIC HEALTH, ENGLAND

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021

Made at 11.00 a.m. on12thFebruary2021

Laid before Parliament at 2.00 p.m. on12thFebruary2021

Coming into force 4.00 a.m. on15thFebruary2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45B, 45C, 45F(2), 45P(2) and 60A of the Public Health (Control of Disease) Act 1984( 1).

In accordance with section 45Q(3) of that Act, the Secretary of State is of the opinion that these Regulations do not contain any provision made by virtue of section 45C(3)(c) of the Act which imposes or enables the imposition of a special restriction or requirement or any other restriction or requirement which has or would have a significant effect on a person's rights.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021 and come into force at 04.00 a.m. on 15th February 2021.

(2) These Regulations extend to England and Wales.

Amendment to the Health Protection (Coronavirus, International Travel) (England) Regulations 2020

2. The Health Protection (Coronavirus, International Travel) (England) Regulations 2020( 2) are amended in accordance with regulations 3 to 19.

Amendments to regulation 2

3. Regulation 2 (interpretation) is amended as follows—

(a) after the definition of “immigration officer” insert—

““managed self-isolation package” has the meaning given in paragraph 8 of Schedule B1A”;

(b) after the definition of “Passenger Locator Form” insert—

““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 1987( 3)”.

Amendment of regulation 3

4. In regulation 3 (requirement to provide information) after paragraph (10A)( 4) insert—

“(10B) Paragraph (10A) does not apply to a person described in paragraph 1(1) of Schedule 2.”.

Insertion of regulation 3B

5. After regulation 3A (requirement to possess notification of negative test result) insert—

Requirement to book and undertake tests

3B.—(1) This regulation applies to a person (“P”) who—

(a) is required to self-isolate under regulation 4 (requirement to self-isolate) or Schedule B1A (additional measures), or

(b) subject to paragraph 13 (exclusion for certain diplomatic etc. personnel) of Schedule 2C, is not required to self-isolate under regulation 4 only by virtue of any of the following provisions of Schedule 2—

(i) paragraph 13(1)(c) (persons returning to facilitate diplomatic mission etc.);

(ii) paragraphs 17 to 27 (essential infrastructure etc. personnel);

(iii) paragraphs 31 to 34 (medical etc. personnel);

(iv) paragraphs 35 to 36 (telecoms etc. personnel).

(2) Where P is an adult, P must on their arrival in England possess a testing package—

(a) for themselves, and

(b) for any child age 5 or older with whom they are travelling and for whom they have responsibility.

(3) Where P is an adult who arrives in England without possessing a testing package required under paragraph (2), P must as soon as practicable obtain such a testing package.

(4) Where P is a child age 5 or older and who is unaccompanied by an adult who has responsibility for P, an adult with responsibility for P must obtain a testing package as soon as practicable after P arrives in England.

(5) Subject to paragraph (6), where P—

(a) is an adult, they must undertake the tests in accordance with their testing package;

(b) is a child, an adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the tests in accordance with the testing package.

(6) Where P's day 2 test generates a positive result, P is not required to undertake a day 8 test.

(7) Where P does not undertake a test as required by this regulation by reason of a reasonable excuse (see regulation 6(1C)(b)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a test (“a replacement test”) complying with the requirements that apply to the test that was missed.

(8) Where a replacement test is undertaken instead of—

(a) a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation;

(b) a day 8 test, P is to be treated as if they had undertaken a day 8 test in accordance with this regulation.

(9) Schedule 2C makes further provision about day 2 and day 8 tests (including the consequences of testing).

(10) A person who possesses a testing package must provide evidence of it if requested by an immigration officer.

(11) In this regulation—

(a) “day 2 test” means a test which complies with paragraph 6 of Schedule 2C and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(b) “day 8 test” means a test which complies with paragraph 8 of Schedule 2C and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(c) “testing package” means a booking for a day 2 test and a day 8 test where both tests are provided, or arranged to be provided, by the same test provider.”.

Amendment to regulation 4

6. In regulation 4—

(a) in paragraph (1)—

(i) in sub-paragraph (a) after “territory” insert “and where sub-paragraph (d) does not apply to P”;

(ii) in sub-paragraph (b) after “territory” in the second place it occurs, insert “and where sub-paragraph (d) does not apply to P”;

(iii) omit sub-paragraph (c);

(iv) at the end insert—

“(d) is a person to whom Schedule B1A applies”;

(b) in paragraph (2) at the end insert “, Schedule 2C, and if paragraph (1)(d) applies to P, in accordance with Schedule B1A”;

(c) in paragraph (3)—

(i) in sub-paragraph (a) for “(c) or (d)” substitute “(d) or (e)”;

(ii) omit sub-paragraph (d);

(iii) after sub-paragraph (d) insert—

“(e) where P is a person described in paragraph (1)(d), in accordance with Schedule B1A”;

(d) in paragraph (4) after “this regulation” insert “and falls within paragraph (1)(a) or (b)”;

(e) after paragraph (4) insert—

“(4A) Where P is required to comply with this regulation and falls within paragraph (1)(d), the address specified by P in the Passenger Locator Form pursuant to paragraph 2(a) of Schedule 1 must be the designated accommodation which is part of the managed selfisolation package booked by or on behalf of P.”;

(f) in paragraph (5), at the beginning insert “Except where P falls within paragraph (1)(d)”;

(g) in paragraph (7)(a) for “last departed from or transited through a non-exempt country or territory”( 5) substitute “arrived in England or, if later, the end of any period that applies by virtue of paragraph 2 or 3 of Schedule 2C”;

(h) omit paragraph (7A);

(i) after paragraph (7A) insert—

“(7B) Paragraphs (8) to (13A) do not apply where P falls within paragraph (1)(d) (and thus Schedule B1A applies).”;

(j) in paragraph (9)—

(i) in sub-paragraph (a) at the end insert “(subject to paragraph 3(1) of Schedule 2C)”;

(ii) in sub-paragraph (h) at the end insert “or Schedule 2C”;

(k) for paragraph (14) substitute—

“(14) Paragraphs (13) and (13A) do not apply where P is a person who—

(a) is described in paragraph 1(1)(a) to (h) or (k) of or (l) Schedule 2; and

(b) arrives in England from a country or territory listed in Schedule B1 or has 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 country or territory listed in Schedule B1.”;

(l) omit paragraphs (15) and (16).

Amendment to regulation 4B

7. In regulation 4B(2) (prohibition of arrival of aircraft into England) at the end insert—

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

Amendment to regulation 4C

8. In regulation 4C(2) (prohibition on arrival of vessels into England) at the end insert—

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

Amendments to regulation 5

9. In regulation 5 (enforcement of requirement to self-isolate)—

(a) in paragraph (1), in the opening words, after “regulation 4” insert “, or Schedule B1A or Schedule 2C”;

(b) after paragraph (1) insert—

“(1A) Where an authorised person has reasonable grounds to believe that P is a person who falls within regulation 4(1)(d), an authorised person may do any of the following for the purpose of ensuring that P complies with the requirements in Schedule B1A (additional measures)—

(a) give a direction to P, including a direction—

(i) that P remain in a particular area of a port to await transportation to accommodation designated for the purposes of Schedule B1A,

(ii) that P move to a particular place to board transportation designated for the purposes of Schedule B1A,

(iii) that P board transportation designated for the purposes of Schedule B1A to travel to accommodation designated for the purposes of Schedule B1A,

(iv) that P remain in the place where P is self-isolating;

(b) remove P to accommodation designated for the purposes of Schedule B1A.

(1B) Where an authorised person has reasonable grounds to believe that P is a person who falls within regulation 4(1)(d) and that P has committed an offence under regulation 6(1)(a) or (3), the authorised person may—

(a) require P to produce their passport or travel document for examination;

(b) detain P for up to three...

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