Legislation – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 6) Regulations 2021

These Regulations amend the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (“the principal Regulations”).

Regulation 4 makes amendments to the principal Regulations to introduce a new category of “eligible category 2 arrival”. A person who is in this category is exempt from the requirement to self-isolate that would otherwise apply. (Category 2 countries are specified in Schedule 2 to the principal Regulations).

In order to benefit from the exemption, the person in question must have proof of their exemption status and must make the appropriate declaration on their Passenger Locator Form. (The Passenger Locator Form contains information about persons arriving in England and must be completed and produced if so required by the principal Regulations.)

Regulation 5 amends regulation 3 of the principal Regulations so that certain Crown Servants and government contractors working outside the UK and certain officials of, or contractors working for, foreign Governments are not required to complete a Passenger Locator Form if they acquire “eligible category 2 arrival” status.

Regulation 6 amends regulation 4 of the principal Regulations to keep an existing exemption from the requirement to have a negative coronavirus test on arrival in England so that it applies to eligible category 2 arrivals.

Regulations 7 and 8 amend regulations 5 and 6 of the principal Regulations so that an eligible category 2 arrival is subject to the same requirements relating to testing for Coronavirus as an arrival from a Category 1 country; in particular an eligible category 2 arrival is no longer generally required to have booked or undertake a Day 8 Coronavirus test on arrival in England.

Regulation 9 amends regulation 8 of the principal Regulations so as reduce the Coronavirus testing requirements relating to offshore installation workers who are category 1 arrivals and eligible category 2 arrivals; it also corrects a cross-reference.

Regulation 10 amends regulation 9 of the principal Regulations so that an eligible category 2 arrival does not need to self-isolate in accordance with that regulation.

Regulation 11 imposes obligations on travel operators to check the evidence held by travellers claiming exempt status under regulation 2A to have systems and processes, and regulations 12, 13 and 21 make provision for the penalties applicable in case of breaches of those obligations.

Regulations 14 and 15 make amendments to the lists of countries in respectively Schedule 1 and Schedule 3 to the principal Regulations.

Regulation 16 makes amendments to Schedule 4 (exemptions) to the principal Regulations as a consequence of the introduction of the new category of eligible Category 2 arrival.

Regulation 17 amends Schedule 6 (passenger information) to the principal Regulations so that a person who wishes to take advantage of the new exemption must make an appropriate declaration on their Passenger Locator Form.

Regulations 18 and 19 amend Schedules 8 and 10 (testing) to the principal Regulations as a consequence of the introduction of the new category of eligible Category 2 arrival.

Regulation 20 amends Schedule 12 (information for passengers) as a consequence of the fact that eligible category 2 arrivals will be exempt from the requirement to self-isolate.

Regulation 21 amends Schedule 13 to add to the list of countries and territories from which the arrival of aircraft and vessels into England is prohibited.

Regulation 23 makes transitional provision relating to persons arriving in England before these Regulations come into force.

An impact assessment has not been produced for this instrument. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.