Legislation – The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 2) Regulations (Northern Ireland) 2021

“38. Fully vaccinated traveller

66.

A person (“P”) who on arrival in Northern Ireland has been in an amber list country (but not a red list country) in the 10 days prior to arriving in Northern Ireland and:

(1)

(a)

has completed a course of doses of an authorised vaccine with the final dose having been received at least 14 days prior to arriving in Northern Ireland;

(b)

received that course of doses in the United Kingdom;

(c)

is able to provide proof if required by an immigration officer or the operator of the relevant service on which P travels to Northern Ireland of meeting the requirements in sub-paragraph (b), through certification issued by the Department of Health, the NHS COVID pass or equivalent from NHS Scotland or NHS Wales; and

(d)

has declared on the Passenger Locator Form that P has completed a course of an authorised vaccine; or

(2)

(a)

has participated, or is participating, in a clinical trial of a vaccine for vaccination against coronavirus carried out in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 20045;

(b)

is able to provide proof of such participation; and

(c)

has declared on the Passenger Locator Form that P has participated, or is participating, in such a clinical trial; or

(3)

(a)

is under the age of 18 years; and

(b)

ordinarily resident in the United Kingdom; or

(4)

is either—

(a)

a person who—

(i)

has completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas, with the final dose having been 14 days prior to arriving in Northern Ireland,

(ii)

is able to provide proof if required by an immigration officer or the operator of the relevant service on which P travels to Northern Ireland of meeting the requirements in paragraph (i), and

(iii)

has declared on the Passenger Locator Form that P has completed a course of doses of a vaccine as described in paragraph (i); or

(b)

a dependant of a person of the description in any of paragraphs (a) to (c) of the definition of “United Kingdom vaccine roll-out overseas” and is under the age of 18 years upon arrival in Northern Ireland.

(5)

For the purposes of sub-paragraphs (1) and (4), P has completed a course of doses if P has received the complete course of doses specified—

(a)

in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine; or

(b)

in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 20126 for the authorised vaccine.

(6)

For the purpose of sub-paragraph (4), where P has received a dose of an authorised vaccine in the United Kingdom and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.

(7)

For the purposes of this paragraph, a child is to be treated as making a declaration on a Passenger Locator Form, and possessing any proof required, if that declaration is made, and the proof provided, by a person who is travelling with and has responsibility for that child.

(8)

In this paragraph—

“authorised vaccine” means a medicinal product for vaccination against coronavirus—

(a)

authorised for supply in the United Kingdom in accordance with a marketing authorisation, or

(b)

authorised by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012);

“clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004;

“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 19897;

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

“the licensing authority” has the meaning given in regulation 6(2) (the licensing authority and the Ministers) of the Human Medicines Regulations 2012;

“marketing authorisation” has the meaning given in regulation 8(1) (general interpretation) of the Human Medicines Regulations 2012;

“medicinal product” has the meaning given in regulation 2 (medicinal products) of the Human Medicines Regulations 2012;

“NHS COVID pass” means the COVID-19 records on the NHS smartphone app developed and operated by the Secretary of State, through the website at NHS.uk or a COVID-19 post vaccination letter obtained from the NHS;

“NHS” means the health service continued under section 1(1) of the National Health Service Act 20068;

“NHS Scotland” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 19789;

“NHS Wales” means the health service continued under section 1(1) of the National Health Service (Wales) Act 200610;

“United Kingdom vaccine roll-out overseas” means the administration of vaccination against coronavirus to—

(a)

Crown servants, government contractors or other personnel posted or based overseas and their dependants under the scheme known as the Foreign, Commonwealth and Development Office staff COVID-19 vaccination programme;

(b)

residents of the British overseas territories, the Channel Islands and the Isle of Man, as part of a programme agreed in the overseas territory with the United Kingdom government; or

(c)

military or civilian personnel, government contractors and their dependants at a military posting overseas, including British overseas territories, the Channel Islands and the Isle of Man, under the vaccination scheme provided or approved by the UK Defence Medical Services.”.