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

1. Diplomat

Definition

1.  A person (P) who is—

(a) a member of a diplomatic mission in the United Kingdom,

(b) a member of a consular post in the United Kingdom,

(c) an officer or servant of an international organisation,

(d) employed by an international organisation as an expert or on a mission,

(e) a representative to an international organisation,

(f) a representative at an international or United Kingdom conference who is granted privileges and immunities in the United Kingdom,

(g) a member of the official staff of a representative to an international organisation, or of a person falling within paragraph (f),

(h) described in paragraph (a) or (b) who is passing through the United Kingdom to commence or continue their functions at a diplomatic mission or consular post in another country or territory, or to return to the country of their nationality,

(i) a representative of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom,

(j) a representative of the government of a British Overseas territory,

(k) a diplomatic courier or a consular courier.

2.  For the purposes of this entry—

(a) “consular courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a consular courier in accordance with Article 35(5) of the Vienna Convention on Consular Relations of 1963,

(b) “consular post” means any consulate-general, consulate, vice consulate or consular agency,

(c) “diplomatic courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a diplomatic courier in accordance with Article 27(5) of the Vienna Convention on Diplomatic Relations of 1961,

(d) “international organisation” means an international organisation accorded privileges and immunities in the United Kingdom,

(e) “member of a consular post” means “consular officer”, “consular employee” and “member of the service staff” as defined in Schedule 1 of the Consular Relations Act 1968(1), and “head of consular post” has the meaning given in that Schedule,

(f) “member of a diplomatic mission” means “head of the mission”, “members of the diplomatic staff”, “members of the administrative and technical staff” and “members of the service staff” as defined in Schedule 1 to the Diplomatic Privileges Act 1964(2).

General conditions for exemption: the double confirmation condition

3.—(1) In this entry the double confirmation condition means that—

(a) the relevant diplomatic head, or a person acting on their authority, (H) confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake work in the United Kingdom which is essential to—

(i) the functioning of the diplomatic office served by relevant diplomatic head, or

(ii) the foreign country, foreign territory or British overseas territory represented by the relevant diplomatic head,

(b) H has confirmed in writing to the Foreign, Commonwealth and Development Office that

(i) P is not required to comply with regulation 4,

(ii) P is not required to comply with regulation 6,

(iii) P is not required to comply with regulation 8,

(iv) P’s work cannot be undertaken whilst P is complying with regulation 10, or

(v) P is not required to comply with regulation 14 and Schedule 7

(as the case may be),

(c) the Foreign, Commonwealth and Diplomatic Office has then confirmed in writing to H that—

(i) it has received the confirmations set out above,

(ii) P is travelling to the United Kingdom to conduct official business with the United Kingdom, and

(d) the Foreign, Commonwealth and Diplomatic Office has then confirmed in writing to H that—

(i) P is not required to comply with regulation 4,

(ii) P is not required to comply with regulation 6,

(iii) P is not required to comply with regulation 8,

(iv) P is not required to comply with regulation 10, or

(v) P is not required to comply with regulation 14 and Schedule 7

(as the case may be).

(2) In this paragraph “the relevant diplomatic head” means the head of the mission, consular post, international organisation, conference, office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be).

Condition for exemption from requirement to provide information

4.—(1) Where P is a person described in paragraph 1 and P meets the double confirmation condition, P is not required to comply with regulation 4.

(2) Where F is a member of the family forming part of the household of P, F is not required to comply with regulation 4 if—

(a) P satisfies sub-paragraph (1),

(b) the Foreign, Commonwealth and Development Office has been notified of F’s arrival, and

(c) the Foreign, Commonwealth and Development Office has confirmed in writing that F is not required to comply with regulation 4.

Conditions for exemption from requirement to possess negative test result

5.  Where P is a person described in paragraph 1(i) or (j) and meets the double confirmation condition, P is not required to comply with regulation 6.

Conditions for exemption from requirement to book and undertake tests

6.—(1) Where P is a person described in paragraph 1 and P meets the double confirmation condition, P is not required to comply with regulation 8.

(2) Where F is a member of the family forming part of the household of P, F is not required to comply with regulation 8 if—

(a) P satisfies sub-paragraph (1),

(b) the Foreign, Commonwealth and Development Office has been notified of F’s arrival, and

(c) the Foreign, Commonwealth and Development Office has confirmed in writing that F is not required to comply with regulation 8.

Conditions for exemption from requirement to self-isolate

7.—(1) Where P is a person described in paragraph 1 and meets the double confirmation condition, P is not required to comply with regulation 10.

(2) Where P is—

(a) a diplomat within the meaning of paragraph 1, but sub-paragraph (1) of this paragraph does not apply, or

(b) P is a member of the family forming part of the household of P,

P is not obliged to comply with the requirements set out in regulation 12(4) and (5).

8.—(1) Where P is a person described in paragraph 1(c) and meets the conditions set out in sub-paragraph (2), P is not required to comply with regulation 10.

(2) Those conditions are that—

(a) the international organisation confirms in writing that—

(i) P is required, from time to time, by that international organisation to return to Northern Ireland for a resilience break,

(ii) P is travelling to Northern Ireland solely for the purposes of that resilience break, and

(iii) that resilience break cannot be undertaken in the country in which P works, and

(b) the Department has then confirmed in writing to the international organisation that—

(i) it has received that confirmation, and

(ii) P is not required to comply with regulation 10.

Conditions for exemption from requirement to comply with managed isolation

9.—(1) Where P is a person described in paragraph 1(a) to (h) or (k) and meets the double confirmation condition, P is not required to comply with regulation 14 and Schedule 7.

(2) Where F is a member of the family forming part of the household of P, F is not required to comply with regulation 14 and Schedule 7 if—

(a) P satisfies sub-paragraph (1),

(b) the Foreign, Commonwealth and Development Office has been notified of F’s arrival, and

(c) the Foreign, Commonwealth and Development Office has confirmed in writing that F is not required to comply with regulation 14 and Schedule 7.

10.—(1) Where P is a person described in paragraph 1(i) or (j) and meets the double confirmation condition, P is not required to comply with regulation 14 and Schedule 7.

(2) Where F is a member of the family forming part of the household of P, F is not required to comply with regulation 14 and Schedule 7 if—

(a) P satisfies sub-paragraph (1),

(b) the Foreign, Commonwealth and Development Office has been notified of F’s arrival, and

(c) the Foreign, Commonwealth and Development Office has confirmed in writing that F is not required to comply with regulation 14 and Schedule 7.

11.  But where paragraphs 9 or 10(2) apply—

(a) the person must enter into self-isolation, in accordance with regulation 10, as if the person were an amber list arrival,

(b) none of the exemptions set out in this Schedule in respect of self-isolation apply to that person, and

(c) the person is not required to comply with the requirements set out in regulation 10 while undertaking the work or activity described in paragraph 1(a) to (h) or (k), (as the case may be).

12.—(1) Where P is a person described in paragraph 1(c) and meets the conditions set out in sub-paragraph (2), P’s obligations under regulation 14 and Schedule 7 apply with the modifications set out in sub-paragraph (3).

(2) Those conditions are that—

(a) the international organisation confirms in writing that—

(i) P is required, from time to time, by that international organisation to return to Northern Ireland for a resilience break,

(ii) P is travelling to Northern Ireland solely for the purposes of that resilience break, and

(iii) that resilience break cannot be undertaken in the country in which P works, and

(b) the Department has then confirmed in writing to the international organisation that—

(i) it has received that confirmation, and

(ii) P is not required to comply with regulation 14 and Schedule 7

(3) Those modifications are that—

(a) references in Schedule 7 to a place in accommodation designated by the Department are to be read as references to P’s home,

(b) there is no requirement to use transport facilitated by the Department in order to reach their home,

(c) no charge may be imposed by the Department in relation to accommodation where P stays,

(d) the definition of “place” in paragraph 12 of Schedule 7 does not apply.

Savings

13.  This entry is without prejudice to any immunity from jurisdiction or inviolability which is accorded to any person described in paragraph 1 under the law of Northern Ireland apart from these Regulations.

(1)

1968 c. 18. There are amendments but none is relevant

(2)

1964 c. 81. There are amendments but none is relevant