Legislation – The Health Protection (Coronavirus, International Travel) (Amendment) Regulations (Northern Ireland) 2020

“4A.

(1)

A road passenger transport worker.

(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 Council4, and who is acting in the course of their employment,

(b)

“driver” includes a person who is travelling in a vehicle as a relief driver,

(c)

public service vehicle” has the meaning given in Article 2(1) of the Road Traffic (Northern Ireland) Order 19815.

4B.

(1)

Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 19956, 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.

(2)

For the purposes of sub-paragraph (1) and paragraph 4C—

(a)

“the Maritime Labour Convention, 2006” means the Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organisation7,

(b)

“the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14th June 2007 by the International Labour Organisation8.

4C.

A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 19959, 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.

4D.

An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 199510, where they have travelled to the United Kingdom in the course of their work

4E.

Crew, as defined in paragraph 1 of Schedule 1 to the Air Navigation Order 201611, where such crew have travelled to the United Kingdom in the course of their work.

4F.

(1)

Any of the following who have travelled to the United Kingdom in the course of their work—

(a)

drivers and crews on shuttle services and on services for the carriage of passengers or goods by way of the tunnel system,

(b)

other workers carrying out essential roles for the safe or efficient operation of the tunnel system, shuttle services or services for the carriage of passengers or goods by way of the tunnel system, or relating to the security of the tunnel system or any such services.

(2)

For the purposes of sub-paragraph (1)—

(a)

“shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 198712,

(b)

“tunnel system” has the meaning given in section 1(7) of that Act.

4G.

(1)

The condition mentioned in regulation 3(9)(c) is that the person has on the journey to Northern Ireland travelled only—

(a)

on a conveyance which does not carry passengers,

(b)

in an area of a conveyance which is not accessible to passengers, or

(c)

in an area of a conveyance which is accessible to passengers in vehicles, where passengers remain within their vehicles while the person is present in that area of the conveyance.

(2)

For the purposes of this paragraph—

“not accessible to passengers” means separated by a continuous physical barrier which passengers are not permitted to cross;

“passenger” does not include a person of the description in paragraph 4F(1)(b).”.

“13A.

(1.

A government contractor who is contracted to undertake essential or emergency work outside of the United Kingdom, which is certified by the relevant Department as necessary to facilitate essential government work or the conduct of bilateral or multilateral discussions with another state or international organisation.

(2)

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

“17A.

Workers engaged in essential or emergency works on behalf of the Department for Infrastructure13 relating to flood risk management, within the meaning of the Water Environment (Floods Directive) Regulations (Northern Ireland) 200914 or the Drainage (Northern Ireland) Order 197315.”.

“(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 healthcare by a healthcare provider.”.

“30.

A person who—

(a)

has travelled to Northern Ireland for the purpose of undertaking work as a health or care professional in Northern Ireland; and

(b)

is eligible to practise a profession regulated by any of the bodies mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 200216.”.

“39.

(1)

A domestic elite sportsperson, an international elite sportsperson, a domestic ancillary sportsperson or an international ancillary sportsperson.

(2)

For the purposes of this paragraph—

“domestic ancillary sportsperson” means an individual essential to—

(a)

the running of an elite sports event including—

1. (i)

   operational staff essential to the running of that elite sports event,

2. (ii)

   event officials and referees, or

(b)

the support of a domestic elite sportsperson including—

1. (i)

   sports team medical, logistical, technical and administration staff,

2. (ii)

   individual sportsperson medical and technical support staff,

3. (iii)

   horse grooms and trainers,

4. (iv)

   motorsport mechanics and technical staff

5. (v)

   the parent or carer of an elite sportsperson under the age of 18;

“domestic elite sportsperson” means an individual who—

(a)

is an elite athlete within the meaning of regulation 1 of the Health Protection, (Coronavirus, Restrictions) Regulations (Northern Ireland) 202017,

(b)

is in Northern Ireland, after departing from or transiting through a non-exempt country or territory, and

(c)

either—

1. (i)

   has departed from or transited through the non-exempt country or territory in order to participate in an elite sports event and has returned to Northern Ireland with the intention of continuing activities as a sportsperson, or

2. (ii)

   is a United Kingdom sportsperson who is not habitually resident in the United Kingdom and has travelled to Northern Ireland in order to participate in training for or to compete in an elite sports event;

“elite sports event” means a specified competition or other sporting event in which the participants compete—

(a)

to derive a living, or

(b)

to qualify for the right to represent—

1. (i)

   Great Britain and Northern Ireland or Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or

2. (ii)

   England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey, the Isle of Man or Ireland at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

“international ancillary sportsperson” means an individual essential to—

(a)

the running of a specified competition including—

1. (i)

   operational staff essential to the running of a specified competition,

2. (ii)

   competition officials and referees,

3. (iii)

   broadcast staff and journalists covering a specified competition, or

(b)

the support of an international elite sportsperson including—

1. (i)

   sports team medical, logistical, technical and administration staff,

2. (ii)

   individual athlete medical and technical support staff,

3. (iii)

   horse grooms and trainers,

4. (iv)

   motorsport mechanics and technical staff,

5. (v)

   the parent or carer of an international elite sportsperson under the age of 18;

“international elite sportsperson” means an individual who travels to Northern Ireland in order to participate in a specified competition after departing from or transiting through a non-exempt country or territory at any time in the period beginning with the 14th day before the date of their arrival in Northern Ireland and who—

(a)

derives a living from competing in a sport,

(b)

is a senior representative nominated by a relevant sporting body,

(c)

is a member of the senior training squad for a relevant sporting body, or

(d)

is aged 16 or above and on an elite development pathway;

“specified competition” means a competition listed in Schedule 4.

(3)

For the purposes of the definition of “international elite sportsperson”, in paragraph (2)—

(a)

“elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—

(i)

so that they may derive a living from competing in that sport, or

(ii)

to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham;

(b)

“relevant sporting body” in relation to a sportsperson means the national governing body of a sport which may nominate sportspersons to represent—

(i)

that sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii)

that sportsperson’s nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

(c)

“senior representative” in relation to a sportsperson means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(i)

that sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games;

(ii)

that sportsperson’s nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.

(4)

The conditions mentioned in regulation 4(12)(ca) are—

(a)

where P is an international elite sportsperson—

(i)

P provides, on arrival in Northern Ireland, written evidence from a United Kingdom, Northern Irish or Irish sport national governing body of P’s status as an international elite sportsperson attending a specified competition,

(ii)

P travels directly to, and remains in any place where P is in self-isolation apart from when P is travelling to or from, or attending the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified competition is taking place, and

(iii)

at all times when P is not self-isolating P remains in isolation with any other international elite sportspersons or domestic elite sportspersons who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition, and

(b)

where P is an international ancillary sportsperson—

(i)

P provides, on arrival in Northern Ireland, written evidence from a United Kingdom, Northern Irish or Irish sport national governing body of P’s status as an international ancillary sportsperson attending a specified competition,

(ii)

P travels directly to and remains in the place where P will be self-isolating apart from when P is travelling to or from, or attending the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified completion is taking place, and

(iii)

at all times when P is not self-isolating P remains in isolation with international elite sportspersons or domestic elite sportspersons who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition.

40.

(1)

A person engaged in film and high end TV production.

(2)

For the purposes of sub-paragraph (1)—

(a)

a person is engaged in film production if engaged in the making of a film which is a British film for the purposes of Schedule 1 to the Films Act 198518, and

(b)

a person is engaged in high end TV production if working on the making of a television programme which is a British programme for the purposes of Part 15A of the Corporation Tax Act 200919.”.