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 7Testing before arrival in England

Regulation 4

Compliant tests

1.

A test complies with this paragraph if—

(a)

it is a test for the detection of coronavirus undertaken using a device which the manufacturer states has—

(i)

a sensitivity of at least 80%,

(ii)

a specificity of at least 97%, and

(iii)

a limit of detection of less than or equal to 100,000 SARS-CoV-2 copies per millilitre;

(b)

it is not a test provided or administered under the National Health Service Act 2006, the National Health Services (Wales) Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972; and

(c)

the test sample is taken from the person no more than three days before—

(i)

in the case of that person travelling to England on a commercial transport service, the service’s scheduled time of departure, or

(ii)

in any other case, the actual time of departure of the vessel or aircraft on which that person is travelling to England.

Form of notification of negative result

2.

Notification of a negative test result must include, in English, French or Spanish, the following information—

(a)

the name of the person from whom the sample was taken;

(b)

that person’s date of birth or age;

(c)

the negative result of the test;

(d)

the date the test sample was collected or received by the test provider;

(e)

the name of the test provider and information sufficient to contact that provider;

(f)

a statement—

(i)

that the test was a polymerase chain reaction test, or

(ii)

of the name of the device that was used for the test.

Persons not required to comply with regulation 4

3.

(1)

The persons referred to in regulation 4(6)(c) (and not required to comply with that regulation) are—

(a)

a person (“P”) described in—

(i)

paragraph 16(1)(b) of Schedule 4 where, prior to P’s departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with regulation 4, or

(ii)

paragraph 17 of Schedule 4 where, prior to P’s departure to the United Kingdom, the relevant Department has also certified that they are not required to comply with regulation 4;

(b)

a Crown servant or government contractor (“C”) who is required to undertake essential policing or essential government work in the United Kingdom or is returning from conducting such work outside the United Kingdom where, prior to C’s departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with regulation 4;

(c)

a representative (“R”) of a foreign country or territory, or of the government of a British overseas territory, travelling to the United Kingdom to conduct official business with the United Kingdom where, prior to R’s departure to the United Kingdom—

(i)

the relevant head of the mission, consular post, or office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign Commonwealth and Development Office that R is required to undertake work which is essential to the foreign country represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory, and

(ii)

the Foreign Commonwealth and Development Office has then confirmed in writing to the person giving the notification in sub-paragraph (i) that—

(aa)

it has received that confirmation, and

(bb)

R is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 4;

(d)

a person described in paragraph 31 of Schedule 4 (worker with specialist technical skills).

(2)

In sub-paragraph (1)—

(a)

“consular post” has the meaning given in paragraph 1(4) of Schedule 4;

(b)

“Crown servant”, “essential government work”, “essential policing” and “government contractor” have the meaning given in paragraph 16(2) of Schedule 4.