Legislation – The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021

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Introduction

PART 1
General

1 Citation and commencement

2 Interpretation

3 Interpretation: red, amber and green list countries and arrivals

PART 2
Obligations on persons arriving in Northern Ireland and others

4 Requirement to provide information

5 Persons exempt from requirement to provide information

6 Requirement to possess notification of negative test result

7 Persons exempt from requirement to possess notification of a negative test result

8 Requirement to book and undertake tests

9 Persons exempt from requirement to book and undertake tests

10 Requirement to self-isolate

11 Limitations to, and exceptions from, requirement to self-isolate

12 Place where a person must self-isolate

13 Persons exempt from requirement to self-isolate

14 Requirement to comply with managed isolation

15 Persons exempt from the requirement to comply with managed isolation

PART 3
Prohibition on the arrival of aircraft and vessels into Northern Ireland

16 Interpretation of Part 3

17 Prohibition on arrival of aircraft into Northern Ireland

18 Prohibition on arrival of vessels into Northern Ireland

PART 4
Enforcement

19 Enforcement of requirement to isolate

20 Additional enforcement powers in respect of managed isolation

21 Additional enforcement powers in respect of red list arrivals

22 Power of entry in respect of managed isolation

23 Offences and penalties

24 Reasonable excuses: contravention of regulation 6

25 Reasonable excuses: contravention of regulation 8

26 Fixed penalty notices

27 Amount of fixed penalty

28 Amount of fixed penalty: offences committed under statutory provisions revoked by these Regulations

29 Effect of fixed penalty notice

30 Registration certificates

31 Registration of penalty

32 Challenge to notice

33 Setting aside of sum enforceable under regulation 31

PART 5
Information sharing

34 Power to use and disclose information

35 Self-incrimination

PART 6
Review and expiry of these Regulations

36 Review of need for restrictions

37 Expiry of these Regulations

PART 7
Final provisions

38 Revocations

39 Transitional provisions

40 Relationship between these Regulations and the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021

SCHEDULES

SCHEDULE 1 Red list countries

SCHEDULE 2 Green list countries – exempt countries, territories, and parts of countries or territories

SCHEDULE 3 Passenger information

SCHEDULE 4 Persons who are exempt

SCHEDULE 5 Qualifying test

SCHEDULE 6 Requirement to book and undertake tests (mandatory testing after arrival in Northern Ireland)

SCHEDULE 7 Managed isolation

SCHEDULE 8 Prohibition on arrival of aircraft and vessels

SCHEDULE 9 Revocations

Signature

Explanatory note

PART 2Obligations on persons arriving in Northern Ireland and others

Book and undertake tests

Requirement to book and undertake tests8.

(1)

This regulation applies in respect of a person (P) who is—

(a)

a red list arrival,

(b)

an amber list arrival, or

(c)

a green list arrival.

(2)

Where P is an adult, P must on arrival in Northern Ireland possess a testing package—

(a)

for P, and

(b)

for a child aged 5 or older for whom P has responsibility and with whom P is travelling.

(3)

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

(4)

Where P is a child aged 5 or older and is unaccompanied by an adult, then an adult who has responsibility for P must obtain a testing package as soon as practicable after P arrives in Northern Ireland.

(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 aged 5 or older, 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 25), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer apply, 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 6 makes further provision about day 2 and day 8 tests (including isolating if a test generates a positive result).

(10)

A person who possesses a testing package must provide evidence of it if requested by an immigration officer or a constable.

(11)

In this regulation—

“day 2 test” means a test which complies with paragraph 6 of Schedule 6 and is undertaken in the circumstances described in paragraph 8 of that Schedule,

“day 8 test” means a test which complies with paragraph 7 of Schedule 6 and is undertaken in the circumstances described in paragraph 8 of that Schedule,

“testing package” means—

(a)

in respect of a red list arrival or an amber list arrival, 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,

(b)

in respect of a green list arrival, a booking for a day 2 test.