The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 3) Regulations 2021

Amendment of the International Travel Regulations

2.—(1) The International Travel Regulations are amended as follows.

(2) In regulation 4 (requirement to self-isolate)—

(a) in paragraph (14), for “Paragraphs” substitute “Subject to paragraphs (15) and (16), paragraphs”;

(b) after paragraph (14), insert—

“(15) Paragraph (14) does not apply in relation to a person described in paragraph 6 of Schedule 2 who has, at any time during the period beginning with the 10th day before the date of their arrival in England, departed from or transited through a relevant country or territory unless they have also departed from or transited through a country or territory listed in Schedule B1 other than a relevant country or territory during that period.

(16) For the purposes of paragraph (15), the relevant countries or territories are—

(a) The Azores;

(b) Madeira;

(c) Portugal.”.

(3) After Part 2 (obligations on persons arriving in England and others), insert—

“Part 2A Prohibition on the arrival of aircraft and vessels into England

Interpretation of Part 2A

4A.— (1) In this Part—

“operator” means—

(a)

in relation to a commercially operated aircraft or vessel, the person who has management control over the aircraft or vessel when it arrives in England;

(b)

in relation to any other aircraft or vessel, the person who has physical control over the aircraft or vessel when it arrives in England;

“passenger” means a person carried in or on an aircraft or vessel other than a member of the aircraft or vessel’s crew;

“port” has the same meaning as in the Merchant Shipping Act 1995(1).

(2) In the definition of “operator” in paragraph (1) “arrives” means—

(a) in relation to an aircraft, lands;

(b) in relation to a vessel, moors at a port.

Prohibition on arrival of aircraft into England

4B.— (1) Subject to paragraph (2), this regulation applies in relation to an aircraft whose last point of departure was in a country or territory listed in paragraph 1 of Schedule B2 (“a relevant aircraft”).

(2) This regulation does not apply in relation to—

(a) a commercially operated aircraft carrying no passengers;

(b) an aircraft operated by or in support of Her Majesty’s Government in the United Kingdom.

(3) An operator must not cause or permit a relevant aircraft to land in England unless—

(a) landing in England is reasonably necessary to secure the safety of the aircraft or the health and safety of any person aboard it;

(b) the landing is only for the purpose of refuelling, or aircraft maintenance, and no passengers are permitted to board, or disembark from, the aircraft; or

(c) the aircraft is an air ambulance and landing for the purpose of transporting a person for medical treatment.

Prohibition on arrival of vessels into England

4C.— (1) Subject to paragraph (2), this regulation applies in relation to a vessel whose last point of departure was a port in a country or territory listed in paragraph 2 of Schedule B2 (“a relevant vessel”).

(2) This regulation does not apply in relation to—

(a) a commercially operated vessel carrying no passengers;

(b) a vessel operated by or in support of Her Majesty’s Government in the United Kingdom.

(3) An operator must not cause or permit a relevant vessel to moor at a port in England unless mooring at a port in England—

(a) is reasonably necessary to secure the safety of the vessel or the health and safety of any person aboard it; or

(b) is otherwise required pursuant to a direction issued under Schedule 3A to the Merchant Shipping Act 1995.”.

(4) After regulation 6(3) (offences and penalties), insert—

“(3A) An operator (within the meaning given in regulation 4A) who contravenes regulation 4B(3) or 4C(3) commits an offence.”.

(5) In regulation 7 (fixed penalty notices)—

(a) in paragraph (6)—

(i) in sub-paragraph (a), for “£100” substitute “£500”;

(ii) in sub-paragraph (b), for “£200” substitute “£1,000”;

(iii) in sub-paragraph (c), for “£400” substitute “£2,000”;

(iv) for sub-paragraph (d), substitute “in the case of the fourth and subsequent fixed penalty notices issued in respect of an information offence, £4,000.”;

(v) omit sub-paragraphs (e) and (f);

(b) after paragraph (6A) insert—

“(6B) In determining how many fixed penalty notices a person (“P”) has received in respect of an information offence for the purposes of paragraph (6), no account is to be taken of any such fixed penalty notice issued to P before 4.00 a.m. on 18th January 2021.”.

(6) In Part 1 of Schedule A1 (exempt countries and territories) omit the entries for—

(a) “Chile”, “Madeira” and “The Azores”; and

(b) “Aruba”, “Qatar” and “Bonaire, Sint Eustatius & Saba”.

(7) In Schedule B1 (countries and territories subject to additional measures) insert entries for “Argentina”, “Bolivia”, “Brazil”, “Cape Verde”, “Chile”, “Colombia”, “Ecuador”, “French Guiana”, “Guyana”, “Madeira”, “Panama”, “Paraguay”, “Peru”, “Portugal”, “Suriname”, “The Azores”, “Uruguay” and “Venezuela” at the appropriate places.

(8) After Schedule B1, insert—

Regulations 4B and 4C

“SCHEDULE B2 Prohibition on arrival of aircraft and vessels

1.   The countries and territories referred to in regulation 4B(1) (prohibition on arrival of aircraft into England) are—

• Argentina

• The Azores

• Brazil

• Cape Verde

• Chile

• Madeira

• Portugal

• South Africa

2.   The countries and territories referred to in regulation 4C(1) (prohibition on arrival of vessels into England) are—

• The Azores

• Madeira

• Portugal”.

(9) In Part 2 of Schedule 2 (persons not required to comply with regulation 4), in paragraph 38—

(a) in sub-paragraph (1), after “edible horticulture” insert “or ornamental horticulture”;

(b) in sub-paragraph (2)—

(i) after paragraph (b) insert—

“(ba) “ornamental horticulture” means growing spring cut decorative flowers of the genus narcissus for arranging or landscape design,”;

(ii) in paragraph (d), at the beginning insert “in relation to edible horticulture,”;

(iii) after paragraph (d) insert—

“(e) in relation to ornamental horticulture, “specified activities” means—

(i) picking, trimming and binding flowers,

(ii) lifting flower bulbs.”.

(1)

1995 c. 21. See section 313.