2021 No. 230

Public Health

The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 5) Regulations (Northern Ireland) 2021
Made
6th August 2021
Coming into operation
at 4.00 a.m. on 8th August 2021
The Department of Health makes the following Regulations in exercise of the powers conferred by sections 25B and 25F(2) of the Public Health Act (Northern Ireland) 1967 .

Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 5) Regulations (Northern Ireland) 2021.
2
These Regulations come into operation at 4.00 a.m. on 8th August 2021.
3
In these Regulations “the principal Regulations” means the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021 .

Amendment of the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021
2
The principal Regulations are amended in accordance with regulations 3 to 7.

Amendments to Schedule 1
3
In Schedule 1 (Red list countries)—
a
at the appropriate place in alphabetical order, insert “Georgia”, “La Réunion”, “Mayotte” and “Mexico”; and
b
omit “Bahrain”, “India”, “Qatar” and “United Arab Emirates”.

Amendments to Schedule 2
4
In Schedule 2 (Green list countries – exempt countries, territories, and parts of countries or territories), at the appropriate place in alphabetical order, insert “Austria”, “Germany”, “Latvia”, “Norway”, “Romania”, “Slovakia” and “Slovenia”.

Amendment to Schedule 2A
5
In Schedule 2A (Amber plus list countries) for “Metropolitan France” substitute “No countries are specified in this Schedule”.

Amendment to Schedule 4
6
1
In Schedule 4, in Part 1 (Persons who are exempt), in the table after entry 39 insert the following entry—
40. UEFA Super Cup invitees | Not Exempt | Not Exempt | Exempt between 9th and 12th August 2021 | Exempt between 9th and 12th August 2021 | Not Exempt
41. UEFA Super Cup Villareal attendees | Not Exempt | Not Exempt | Exempt on 11th and 12th August 2021 | Exempt on 11th and 12th August 2021 | Not Exempt
2
In Schedule 4, in Part 2 (Definitions of persons who are exempt, conditions, limitations of exemption and savings), after paragraph 67 insert—

38. UEFA Super Cup invitees and UEFA Super Cup Villarreal attendees
68
1
A UEFA Super Cup invitee.
2
For the purposes of this paragraph—
a
A person (“P”) is a UEFA Super Cup invitee if P has been invited to attend the UEFA Super Cup by the Union of European Football Associations (UEFA) as—
i
a member of UEFA, or of a standing committee of UEFA, or a member of the Irish Football Association Limited (IFA),
ii
a member of the Council of the Fédération Internationale de Football Association (FIFA), or the Secretary General of FIFA,
iii
a member of the Executive body of a Confederation of Football Associations affiliated to FIFA,
iv
a member of the Executive or board of a member association affiliated to UEFA,
v
a senior executive of an organisation which is a sponsor or partner of the UEFA Super Cup,
vi
a senior representative of a team contesting the UEFA Super Cup,
vii
a person who has been accredited by UEFA or by the IFA;
b
the “UEFA Super Cup” is the football match on 11th August 2021 being held at the National Football Stadium at Windsor Park, Belfast, organised by UEFA, and contested by the winners of the previous season’s UEFA Champions League (Chelsea) and UEFA Europa League (Villareal).
3
P must—
a
possess, on arrival in Northern Ireland, written evidence from the IFA of P’s status as a UEFA Super Cup invitee, and
b
travel directly to and remain in any place where P will be self-isolating apart from when P is travelling to or from, or attending the National Football Stadium at Windsor Park, Belfast, or other relevant Super Cup related events or travelling to or from the port.
69
1
A UEFA Super Cup Villareal attendee.
2
For the purposes of this paragraph—
a
a person (“P”) is a UEFA Super Cup Villareal attendee if P travels directly from Spain and possesses a bespoke wristband provided by UEFA for the purpose of attending the UEFA Super Cup;
b
the “UEFA Super Cup” is the is the football match on 11th August 2021 being held at the National Football Stadium at Windsor Park, Belfast, organised by UEFA, and contested by the winners of the previous season’s UEFA Champions League (Chelsea) and UEFA Europa League (Villareal).
3
P must—
a
possess, on arrival in Northern Ireland, on Wednesday 11th August 2021, a bespoke wristband provided by UEFA for the purposes of attending the UEFA Super Cup, and
b
travel directly from the port where P arrives in Northern Ireland to the holding stadium (Seaview) for onward travel to the National Football Stadium at Windsor Park, Belfast, and return directly to, and depart Northern Ireland from, that port after the UEFA Super Cup has ended.
.

Amendment to Schedule 7
7
In Schedule 7 (Managed Isolation)—
a
in paragraph 17(1) for “21” substitute “22”;
b
after paragraph 21 insert—
22
1
P is a relevant person if—
a
P travels to Northern Ireland for the purposes of receiving education at a University in Northern Ireland at which education and accommodation are due to be provided for P,
b
P is not accompanied into the UK by an individual who has responsibility for P, or if P is aged 18, would have had such responsibility if P were a child, and
c
the Department has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.
2
In this paragraph—
- “University” includes a university college and any college, or institution in the nature of a college, in a university as defined in Art 30 (3) of the Education and Libraries (NI) Order 1993 .
.

Amendment to the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021
8
The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021 are amended in accordance with regulations 9 to 11.

Amendment to regulation 3
9
For regulation 3(1) (Requirement to ensure passengers have completed a Passenger Locator Form) substitute—
3
1
An operator must ensure that a passenger who arrives at a port on a relevant service—
a
has completed a Passenger Locator Form; and
b
possesses evidence that they are a person described in a paragraph of Schedule 4 to the principal Regulations (Persons who are exempt), where they have indicated on the Passenger Locator Form that they are such a person.
.

Amendment to regulation 4A
10
Omit regulation 4A(8).

Amendment to regulation 8
11
For regulation 8(3) (offences), substitute—
3
In relation to an offence in paragraph (1)(a), it is a defence—
a
for an operator to show that they recorded a unique passenger reference number for the defaulting passenger, or
b
for an operator alleged to have failed to ensure that a passenger possesses evidence of eligibility for an exemption claimed in a Passenger Locator Form, to show that the passenger presented a document purporting to be appropriate evidence which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not appropriate evidence,
before that passenger boarded the relevant service.
.

Transitional and savings provision
12
The amendments made by these Regulations do not have effect in relation to any traveller who arrived in Northern Ireland before 4.00 am on 8th August 2021.
Sealed with the Official Seal of the Department of Health on 6th August 2021
(L.S.)
Dr Naresh Chada
A senior officer of the Department of Health

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021 (“the principal Regulations”) and the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations 2021.
Regulation 3 provides that Georgia, La Réunion, Mayotte and Mexico are included in the list of red list countries in Schedule 1 of the principal Regulations.
Regulation 3 also provides that Bahrain, India, Qatar and United Arab Emirates are omitted from the list of Red list countries in Schedule 1 of the principal Regulations.
Regulation 4 provides that Austria, Germany, Latvia, Norway, Romania, Slovakia and Slovenia are included in the list of Green list countries in Schedule 2 of the principal Regulations.
Regulation 5 provides that Metropolitan France has been omitted from the Amber Plus list in Schedule 2A of the principal Regulations, leaving no entries in that list.
Regulation 6 amends Schedule 4 to exempt UEFA guests and specific Villarreal fans travelling within a managed ‘bubble’ using chartered and private transport, from self-isolation and post arrival testing, to attend the UEFA Super Cup match to be held in Belfast on 11th August 2021.
Regulation 7 amends Schedule 7 to permit students travelling to Northern Ireland from a red list country for a University course to complete managed isolation in university accommodation as opposed to the Managed Isolation Service.
Regulations 9 to 11 amend the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021 to require operators to ensure that a person who declares an exemption within the Passenger Locator Form provides evidence to support their declared exemption status.
No impact assessment has been prepared for these Regulations.
Formerly the Department of Health, Social Services and Public Safety; see 2016 c. 5 (N.I.), s. 1(5)
1967 c. 36 (N.I.). Part 1A was inserted by section 48 of, and Schedule 18 to, the Coronavirus Act 2020 (c. 7)
S.R. 2021 No. 99 as amended by S.R. 2021 Nos. 108, 121, 132, 154, 189, 213, 214, 218 and 225
S.I. 1993/2810 (N.I. 12)
S.R. 2021 No. 102. Regulation 4A was inserted by S.R 2021 No. 213 and amended by S.R. 2021 No. 214