Legislation – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

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Introduction

PART 1
Introductory

1 Citation, commencement, extent and application

2 Interpretation and introduction of Schedules 1 to 4

PART 2
Requirements on persons arriving in England

3 Requirement on passengers to provide information

4 Requirement to possess notification of negative test result

5 Requirements relating to tests

6 Requirement to book and undertake tests

7 Requirement to undertake workforce tests

8 Test requirements: offshore installation workers

9 Further requirements on arrivals from category 2 countries and territories

10 Further requirements on arrivals from category 3 countries or territories

PART 3
Enforcement

11 Enforcement of requirement to self-isolate

12 Power of entry

PART 4
Requirements on operators

13 Passenger information requirement

14 Required information and manner

15 Records and information

16 Requirement to ensure passengers have completed a Passenger Locator Form

17 Requirement to ensure passengers possess notification of negative test result

18 Requirement to ensure that certain passengers arrive only at designated ports

PART 5
Offences, proceedings and information

19 Offences and penalties

20 Fixed penalty notices

21 Prosecutions

22 Power to use and disclose information

23 Self-incrimination

PART 6
Final provisions

24 Review of need for requirements

25 Expiry of Regulations

26 Revocations, transitional provision consequential amendments and savings

SCHEDULES

SCHEDULE 1 Category 1 countries and territories

SCHEDULE 2 Category 2 countries and territories

SCHEDULE 3 Category 3 countries and territories

SCHEDULE 4 Exemptions

SCHEDULE 5 List of sporting events

SCHEDULE 6 Passenger information

SCHEDULE 7 Testing before arrival in England

SCHEDULE 8 Mandatory testing after arrival in England

SCHEDULE 9 Workforce tests

SCHEDULE 10 Optional testing after arrival in England

SCHEDULE 11 Additional measures applicable to arrivals from category 3 countries and territories

SCHEDULE 12 Information for passengers

SCHEDULE 13 Prohibition on the arrival of aircraft and vessels into England

SCHEDULE 14 Amounts of fixed penalties

SCHEDULE 15 Consequential Amendments

SCHEDULE 16 Transitional provision

Signature

Explanatory note

SCHEDULES

SCHEDULE 16Transitional provision

Regulation 26(3)

1.

Passenger information provided before 4.00 a.m. on 17th May 2021 by a person pursuant to regulation 3 of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the 2020 Regulations”) in advance of arrival in England is treated as passenger information provided for the purposes of these Regulations where the person arrives in England on or after that date.

2.

Confirmation given by the Foreign, Commonwealth and Development Office that a person is not required to comply with regulation 3B of the 2020 Regulations is treated as confirmation that the person is not required to comply with regulation 6 of these Regulations where the person arrives in England on or after 4.00 a.m. on 17th May 2021.

3.

A designation by the Secretary of State of a person as an authorised person under regulation 5(7) of the 2020 Regulations has effect as a designation of that person as an authorised person under of regulation 11(11)(c) of these Regulations.

4.

Regulation 5A of the 2020 Regulations continues to have effect in relation to a constable who exercises the powers in that regulation in relation to a person who arrived in England before 4.00 a.m. on 17th May 2021.

5.

A designation by the Secretary of State of a person as a designated officer under regulation 7(2) of the 2020 Regulations has effect as a designation of that person as a designated officer under regulation 20(9)(c)(i) of these Regulation.

6.

A designation by the Secretary of State of a person as an authorised person under regulation 7(10)(c) of the 2020 Regulations has effect as a designation of that person as an authorised person under regulation 20(9)(a)(iii) of these Regulations.

7.

A designation by the Secretary of State under regulation 8 of the 2020 Regulations as a person who may bring proceedings for an offence has effect as a designation under regulation 21(1) of these Regulations.

8.

A confirmation from the Foreign, Commonwealth and Development Office or other UK Government Department that a person is not required to comply with Schedule B1A to the 2020 Regulations is treated as confirmation that a person is not required to comply with Schedule 11 of these Regulations where the person arrives in England on or after 4.00 a.m. on 17th May 2021.

9.

A booking of a managed self-isolation package made before 4.00 a.m. on 17th May 2021 which satisfies the requirements of Schedule B1A to the 2020 Regulations is treated as satisfying the requirements of Schedule 11 to these Regulations where the person to whom the booking relates arrives in England after 4.00 a.m. on 17th May 2021.

10.

A designation by the Secretary of State under paragraph 9 of Schedule B1A to the 2020 Regulations as a person who may impose a charge under that Schedule has effect as a designation under paragraph 9 of Schedule 11 to these Regulations.

11.

Authorisation by the Secretary of State under paragraph 13(2)(a) of Schedule B1A to the 2020 Regulations as a person who may give a permission under that paragraph has effect as authorisation under paragraph 13(2)(a) of Schedule 11 to these Regulations.

12.

A designation by the Secretary of State of accommodation or transportation under paragraph 15 of Schedule B1A to the 2020 Regulations has effect as designation of accommodation or transportation, as the case may be, under paragraph 15 of Schedule 11 to these Regulations.

13.

Confirmation by the Secretary of State that paragraph 18 of Schedule B1A to the 2020 Regulations applies to a person is treated as confirmation that paragraph 18 of Schedule 11 to these Regulations applies to that person where the person arrives in England after 4.00 a.m. on 17th May 2021.

14.

Confirmation by a sponsor that paragraph 19 of Schedule B1A to the 2020 Regulations applies to a person is treated as confirmation that paragraph 19 of Schedule 11 to these Regulations applies to that person where the person arrives in England after 4.00 a.m. on 17th May 2021.

15.

Confirmation by a UK Government Department under paragraph 1(1A)(d) of Schedule 2 to the 2020 Regulations that a person is of the description in that paragraph, is treated as confirmation that the person is of the description in paragraph 1(2)(d) of Schedule 4 to these Regulations where the person arrives in England after 4.00 a.m. on 17th May 2021.

16.

Certification by a UK Government Department under paragraphs 13 or 13A of Schedule 2 to the 2020 Regulations that a person is of the description or is undertaking work of the description in those paragraphs, is treated as certification that the person is of the description or is undertaking work of the description in paragraphs 16 or 17 of Schedule 4 to these Regulations where the person concerned arrives in England after 4.00 a.m. on 17th May 2021 (and accordingly such a person is not required to comply with regulation 4 of these Regulations).

17.

A designation by the Secretary of State under paragraph 12(1) of Schedule 2C to the 2020 Regulations as a person who may impose a charge under that Schedule has effect as a designation under paragraph 12(1) of Schedule 8 to these Regulations and publication of details of charges under paragraph 12(2)(a) of Schedule 2C to the 2020 Regulations satisfies the requirement under paragraph 12(2)(a) of Schedule 8 to these Regulations as to publication.

18.

Guidance issued by the Secretary of State pursuant to paragraph 4(2) of Schedule 2D to the 2020 Regulations has effect as guidance issued pursuant to paragraph 4(2) of Schedule 9 to these Regulations.