Statutory Instruments
Public Health, England
Made
22nd February 2022
Laid before Parliament
23rd February 2022
Coming into force
24th February 2022
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45B, 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984(1).
1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 3) Regulations 2022.
(2) These Regulations come into force on 24th February 2022.
(3) These Regulations extend to England and Wales and apply in relation to England only.
2. The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021(2) are amended in accordance with regulations 3 to 10.
3. In regulation 2 (interpretation and introduction of Schedules 1 to 4), omit the definition of “the Self-Isolation Regulations”.
4. In regulation 3 (requirement on passengers to provide information), in paragraph (4)(a), omit “category 2 and”.
5. In regulation 9 (self-isolation requirements on arrivals other than eligible travellers)—
(a)in the heading, for “other than eligible travellers” substitute “who are Schedule 11-exempt passengers”;
(b)in paragraph (1)(b)—
(i)in paragraph (i), after “6” insert “or 7”;
(ii)in paragraph (ii), after “Schedule 8” insert “or paragraph 2 or 3 of Schedule 9”;
(c)in paragraph (3), omit—
(i)the opening words in sub-paragraph (a);
(ii)sub-paragraphs (b) and (c);
(d)in paragraph (4)—
(i)at the end of sub-paragraph (d), insert “or”;
(ii)omit sub-paragraphs (f) and (g);
(e)in paragraph (7)—
(i)in sub-paragraph (a), for “Schedule 8;”, substitute “Schedule 8 or paragraph 2 or 3 of Schedule 9; or”;
(ii)omit sub-paragraph (c), and the “or” preceding it;
(f)omit paragraph (8);
(g)in paragraph (15), at the beginning of the opening words, insert “Unless paragraph (1)(b) applies to P,”;
(h)omit paragraph (15A).
6. In regulation 19 (offences and penalties)—
(a)in paragraph (1), for sub-paragraph (iza), substitute—
“(iza)without reasonable excuse, P contravenes a requirement in paragraph 3(2A) of Schedule 8, or paragraph 3(1A) of Schedule 9;”;
(b)in paragraph (6A)—
(i)omit “any relevant provision of the Self-Isolation Regulations as it applies to P by virtue of”;
(ii)after Schedule 8, insert “or paragraph 3(1A) of Schedule 9”;
(c)omit paragraph (6B).
7. In Schedule 4, in paragraphs 17(1)(b)(iii), 18(1)(b)(iii), and 19(10)(h)(iv) for “other than eligible travellers” substitute “who are Schedule 11-exempt passengers”.
8. In Schedule 8 (mandatory testing after arrival in England)—
(a)in paragraph 1(2), omit paragraph (b);
(b)in paragraph 2, omit sub-paragraphs (3), (4) and (7);
(c)in paragraph 3—
(i)in sub-paragraph (1)(a)—
(aa)at the end of sub-paragraph (i), insert “and”,
(bb)omit sub-paragraph (ii) and the following “and”;
(ii)omit sub-paragraph (2), (6A) and (6B);
(iii)for sub-paragraph (2A), substitute—
“(2A) Where P is required to self-isolate under this paragraph, P must, on request by a relevant person, notify the relevant person of the name of each person living in the same household as P.
(2B) In sub-paragraph (2A), “relevant person” means—
(a)the Secretary of State;
(b)a person who is employed or engaged for the purposes of the health service (within the meaning of section 275 of the National Health Service Act 2006(3)) in communicable disease control; or
(c)a person employed or engaged by a local authority, including a county council, in communicable disease control,”;
(d)in paragraph 6(1)(b)(i), after paragraph (bb), insert—
“(cc)a person who is required under regulation 6 to take a day 2 test;”;
(e)in paragraph 11 (notification of test results), in sub-paragraph (3)—
(i)in Form A, for the second and third paragraphs, substitute—
“If you develop symptoms of coronavirus, it is advised that you take a PCR test. If you have any of the main symptoms, the public health advice is to avoid contact with other people where possible.
For more information visit https://www.gov.uk/coronavirus”;
(ii)for Form B, substitute—
“Your coronavirus test result is positive. This means you probably have the virus.
You are no longer legally required to self-isolate.
However, if you have a positive test result, the public health advice is to stay at home and avoid contact with other people where possible.
It is advised that you do not travel, including to leave the UK.
For more information visit https://www.gov.uk/coronavirus.
Contact 111 if you need medical help. In an emergency dial 999.”;
(iii)in Form C, for the second and third paragraphs, substitute—
“It is advised that you take another coronavirus test.
You are no longer required to self-isolate.
However, if you have symptoms of coronavirus, the public health advice is to get a PCR test and avoid contact with other people where possible.
For more information visit https://www.gov.uk/coronavirus.”.
9. In Schedule 9 (workforce tests)—
(a)in paragraph 2—
(i)for sub-paragraph (1), substitute—
“(1) Sub-paragraph (2) applies where—
(a)P is a person to whom regulation 5(3) applies, and
(b)P fails to undertake a workforce test that P is required by regulation 7 to undertake.”;
(ii)in sub-paragraph (2), for “regulation 2 of the Self-Isolation Regulations” substitute “regulation 9”;
(iii)omit sub-paragraph (4);
(b)in paragraph 3—
(i)in sub-paragraph (1), for paragraph (b), substitute—
“(b)if P is a person to whom regulation 5(3) applies, P must self-isolate in accordance with regulation 9 until the 10th day after the day P undertook the workforce test.”;
(ii)after sub-paragraph (1), insert—
“(1A) Where P is required to self-isolate under sub-paragraph (1)(b), P must, on request by a relevant person (within the meaning of paragraph 3(2B) of Schedule 8), notify the relevant person of the name of each person living in the same household as P.”;
(iii)in sub-paragraph (5), after “result,” insert “where P is a person to whom regulation 5(3) applies,”.
10. In Schedule 14 (amounts of fixed penalties)—
(a)in paragraph 3A, in the opening words, omit “a provision of regulation 2A of the Self-Isolation Regulations as it applies by virtue of”;
(b)in paragraph 8, in the opening words, for the words from the beginning to “Schedule 8, or” substitute “Breach of paragraph 3(2A) of Schedule 8, or paragraph 3(1A) of Schedule 9 (requirement to provide details of household on request) or regulation”.
11. If a person who arrived in the United Kingdom before these Regulations came into force would not be under a duty to self-isolate under the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 as amended by these Regulations had they arrived in the United Kingdom after these Regulations came into force, any duty to self-isolate to which that person was subject is to be treated as ending when these Regulations come into force.
Kamall
Parliamentary Under-Secretary of State,
Department of Health and Social Care
22nd February 2022
(This note is not part of the Regulations)
These Regulations amend the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (“the International Travel Regulations”). They make amendments to the International Travel Regulations consequential on the revocation of the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 (S.I. 2020/1045).
An impact assessment has not been produced for this instrument. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.
1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).
S.I. 2021/582, amended by S.I. 2021/589, 670, 682, 731, 766, 795, 865, 914, 923, 966, 974, 1003, 1033, 1066, 1107, 1130, 1155, 1179, 1210, 1213, 1289, 1323, 1331, 1339, 1367, 1371, 1434, 1449, 1463, 2022/11 and 125.