The Health Protection (Coronavirus, Public Health Information for International Passengers) (England) Regulations 2020 (revoked)

Citation, commencement and application E+W

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) Regulations 2020.

(2) These Regulations come into force on 8th June 2020.

(3) These Regulations apply in relation to England only.

Commencement Information

I1 Reg. 1 in force at 8.6.2020, see reg. 1(2)

Interpretation E+W

2.  In these Regulations—

“authorised person” means—

(a)

in relation to passengers arriving by sea, the Secretary of State for Transport;

(b)

in relation to passengers arriving by air, the Civil Aviation Authority;

(c)

in relation to passengers arriving by rail, the Office of Rail and Road;

“common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M1 ;

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus);

“the information requirement” means the requirement in regulation 3(1);

“operator” means operator of a relevant service;

“port” means—

(a)

any port (including a seaport, airport or heliport); or

(b)

a place which is an authorised terminal control point for international services for the purposes of sections 11 and 12 of the Channel Tunnel Act 1987 M2 ;

“relevant service” means a commercial transport service on which passengers travel to England from outside the common travel area on a vessel, aircraft or train;

“vessel” means a vessel which is 24 metres or more in length.

Commencement Information

I2 Reg. 2 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M1 1971 c. 77.

M2 1987 c.53. See section 13(5) of that Act.

Information requirement E+W

3.—(1) Subject to the following provisions of this regulation, an operator must ensure that a passenger who arrives at a port on a relevant service outside an exemption period has been provided with the [F1 information required by regulation 4 and in the manner required by that regulation] at each of the times specified in paragraph (2).

(2) The times are—

(a) where prior to departure a booking was made for the passenger to travel on the relevant service, before the booking was made;

[F2 (aa) where, at least 48 hours prior to the scheduled departure time of the relevant service, a booking was made for the passenger to travel on it, between 24 and 48 hours prior to the scheduled departure time of that service;]

(b) where prior to departure the passenger was checked in to travel on the relevant service, at the time of check-in; and

(c) while the passenger was on board the vessel, aircraft or train.

(3) [F3 Paragraphs (2)(a) and (2)(aa) apply] only if the booking was made after these Regulations come into force and not during an exemption period.

(4) Paragraph (2)(b) applies only if the check-in took place after these Regulations come into force and not during an exemption period.

(5) If another person (A) made the booking on behalf of the passenger (whether or not A is also a passenger on the relevant service), the information requirement is to be treated as complied with, as regards the time set out in paragraph (2)(a), if the required information was provided to A in the required manner before the booking was made, along with a written request that A provide that information to the passenger unless A considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.

[F4 (5A) If another person (A) made the booking on behalf of the passenger (whether or not A is also a passenger on the relevant service), the information requirement is to be treated as complied with, as regards the time set out in paragraph (2)(aa), if the required information was provided to A in the required manner between 24 and 48 hours prior to the scheduled departure time of the relevant service, along with a written request that A provide that information to the passenger unless A considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.]

(6) If another person (B) checked in on behalf of the passenger (whether or not B is also a passenger on the relevant service), the information requirement is to be treated as complied with, as regards the time set out in paragraph (2)(b), if the required information was provided to B in the required manner at the time of check-in, along with a written request that B provide that information to the passenger unless B considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.

(7) An operator who fails to comply with the information requirement is guilty of an offence.

(8) An offence under paragraph (7) is punishable on summary conviction by a fine.

(9) In relation to the requirement to provide the required information at the time set out in paragraph (2)(a) [F5 , (aa)] or (b), it is a defence for the purposes of paragraph (7) if the operator can demonstrate that—

(a) the booking or check-in process was not managed directly by the operator; and

(b) the operator took reasonable steps to ensure that the person managing the process would provide the required information at that time and in the required manner.

[F6 (9A) If, following the coming into force of any provision which amends the information required to be provided by regulation 3, an operator provides information to a passenger that would have complied with the information requirement but for the coming into force of that amending provision, it is a defence for the operator to show that it was not reasonably practicable for the amended information to be provided.]

(10) In this regulation—

“exemption period” means a period when the information requirement does not have effect by virtue of regulation 5(1);

F7 ...

F7 ...

Textual Amendments

F1 Words in reg. 3(1) substituted (30.10.2020) by The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) (Amendment) Regulations 2020 (S.I. 2020/1090), regs. 1, 2(2)(a) (with reg. 3)

F2 Reg. 3(2)(aa) inserted (30.10.2020) by The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) (Amendment) Regulations 2020 (S.I. 2020/1090), regs. 1, 2(2)(b) (with reg. 3)

F3 Words in reg. 3(3) substituted (30.10.2020) by The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) (Amendment) Regulations 2020 (S.I. 2020/1090), regs. 1, 2(2)(c) (with reg. 3)

F4 Reg. 3(5A) inserted (30.10.2020) by The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) (Amendment) Regulations 2020 (S.I. 2020/1090), regs. 1, 2(2)(d) (with reg. 3)

F5 Word in reg. 3(9) inserted (30.10.2020) by The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) (Amendment) Regulations 2020 (S.I. 2020/1090), regs. 1, 2(2)(e) (with reg. 3)

F6 Reg. 3(9A) inserted (14.12.2020) by The Health Protection (Coronavirus, International Travel and Public Health Information) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1517), regs. 1(3), 4(2) (with reg. 6(2))

F7 Words in reg. 3(10) omitted (30.10.2020) by virtue of The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) (Amendment) Regulations 2020 (S.I. 2020/1090), regs. 1, 2(2)(f) (with reg. 3)

Commencement Information

I3 Reg. 3 in force at 8.6.2020, see reg. 1(2)

Required information and manner E+W

[F8 4.— (1) For the purposes of regulation 3(2)(a), the required information—

(a) in the case of online bookings—

(i) must be displayed prominently on an operator’s website or mobile application,

(ii) is the information specified in Part 1 of the Schedule and a hyperlink to each of the relevant websites,

(b) in the case of telephone bookings—

(i) must be provided orally,

(ii) is the information specified in Part 1 of the Schedule,

(c) in the case of in-person bookings—

(i) must be provided orally or in writing,

(ii) where provided orally, is the information specified in Part 1 of the Schedule,

(iii) where provided in writing, is a written notice which informs passengers of the requirements to provide information and to self-isolate in regulations 3 and 4 of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the International Travel Regulations”).

(2) For the purposes of regulation 3(2)(aa), the required information—

(a) must be provided by text message, push notification, email or orally,

(b) where provided by text message or push notification, is text which—

(i) informs passengers of the requirements to provide information in regulation 3 of the International Travel Regulations and that penalties apply for failure to comply with those requirements,

(ii) includes a hyperlink to https://www.gov.uk/provide-journey-contact-details-before-travel-uk, and

(iii) if the relevant service is one on which passengers are allocated seat numbers, advises passengers to provide their seat number on the Passenger Locator Form,

(c) where provided orally, is the information specified in Part 1 of the Schedule,

(d) where provided by email, is the information specified in Part 1 of the Schedule and a hyperlink to each of the relevant websites.

(3) For the purposes of regulation 3(2)(b)—

(a) in relation to digital check-in, the required information—

(i) must be displayed prominently on an operator’s website or mobile application,

(ii) must be provided before a boarding card is issued,

(iii) is the information specified in Part 1 of the Schedule and a hyperlink to each of the relevant websites,

(b) in relation to in-person check-in, the required information—

(i) must be provided orally or in writing,

(ii) where provided orally, is the information specified in Part 1 of the Schedule,

(iii) where provided in writing, is a written notice which informs passengers of the requirements to provide information and to self-isolate in regulations 3 and 4 of the International Travel Regulations.

(4) For the purposes of regulation 3(2)(c), the required information—

(a) must be provided orally before passengers disembark in England,

(b) must be provided in English and an officially recognised language of the country of departure if English is not such a language,

(c) is the information specified in Part 2 of the Schedule.

(5) In this regulation—

“Passenger Locator Form” has the meaning given in regulation 2 of the International Travel Regulations;

“the relevant websites” means—

(a)

for the purposes of paragraph (1)(a)(ii)—

(i)

https://www.gov.uk/provide-journey-contact-details-before-travel-uk,

(ii)

https://www.gov.uk/uk-border-control,

(b)

for the purposes of paragraphs (2)(d) and (3)(a)(iii)—

(i)

https://www.gov.uk/provide-journey-contact-details-before-travel-uk,

(ii)

https://www.gov.uk/guidance/coronavirus-covid-19-travel-corridors,

(iii)

https://www.gov.uk/uk-border-control.]

Textual Amendments

F8 Reg. 4 substituted (30.10.2020) by The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) (Amendment) Regulations 2020 (S.I. 2020/1090), regs. 1, 2(3) (with reg. 3)

Exemption period E+W

5.—(1) If the Secretary of State is of the view that it is no longer necessary or expedient to maintain the information requirement, the Secretary of State must place a statement on the gov.uk website indicating that the information requirement will cease to have effect in relation to passengers arriving after the time and date specified in the statement.

(2) If, at any time when by virtue of paragraph (1) the information requirement does not have effect, the Secretary of State is of the view that it is again necessary or expedient to impose the information requirement, the Secretary of State must place a statement on the gov.uk website indicating that the information requirement will have effect in relation to passengers arriving from the time and date specified in the statement.

(3) Before placing any statement on the gov.uk website under paragraph (1) or (2), the Secretary of State must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care.

(4) Section 16 of the Interpretation Act 1978 M3 applies in relation to the information requirement ceasing to have effect by virtue of paragraph (1) as it applies to the repeal of an enactment.

(5) In this regulation, “necessary or expedient” means necessary or expedient for preventing danger to public health as a result of coronavirus or coronavirus disease from vessels, aircraft or trains arriving at a port in England.

Commencement Information

I4 Reg. 5 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M3 1978 c.30.

Records and information E+W

6.—(1) An operator must keep records of the steps it has taken to comply with the information requirement.

(2) An authorised person may request copies of the records and such other information from an operator as is necessary for the authorised person to determine whether the information requirement has been complied with.

(3) A request under paragraph (2) must specify the period within which the operator must provide the information to the authorised person.

(4) An operator who, without reasonable excuse, fails to comply—

(a) with the requirement to keep records in paragraph (1); or

(b) with a request under paragraph (2) to provide records or information within the period specified for the purposes of paragraph (3),

is guilty of an offence.

(5) An offence under paragraph (4) is punishable on summary conviction by a fine not exceeding level 4 on the standard scale.

Commencement Information

I5 Reg. 6 in force at 8.6.2020, see reg. 1(2)

Fixed penalty notices E+W

7.—(1) An authorised person may issue a fixed penalty notice to any operator who the authorised person reasonably believes has committed an offence under regulation 3(7).

(2) A fixed penalty notice is a notice offering the operator to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.

(3) Where an operator is issued with a notice under paragraph (1) in respect of an offence—

(a) no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice;

(b) the operator may not be convicted of the offence if the operator pays the fixed penalty before the end of that period.

(4) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence;

(b) state the period during which (because of paragraph (3)(a)) proceedings will not be taken for the offence;

(c) specify the amount of the fixed penalty; and

(d) specify the authorised person to whom payment of the fixed penalty is to be made.

(5) The amount of the fixed penalty for the purposes of paragraph (4)(c) is £4,000.

(6) A fixed penalty is payable to the authorised person which issued the notice to which that penalty relates.

(7) Fixed penalties received by an authorised person other than the Secretary of State for Transport under this regulation must be paid to the Secretary of State for Transport.

(8) In any proceedings, a certificate that—

(a) purports to be signed by or on behalf an officer of the authorised person who has been designated by the authorised person for that purpose; and

(b) states that the payment of a fixed penalty was, or was not, received by that authorised person by the date specified in the certificate,

is evidence of the facts stated.

Commencement Information

I6 Reg. 7 in force at 8.6.2020, see reg. 1(2)

Prosecutions E+W

8.  Proceedings for an offence under regulation 3(7) or 6(4) may be brought by an authorised person.

Commencement Information

I7 Reg. 8 in force at 8.6.2020, see reg. 1(2)

[F9 Review of need for requirements E+W

9.   The Secretary of State must review the need for the information requirement by 27th July 2020 and at least once every 28 days thereafter.]

Textual Amendments

F9 Reg. 9 substituted (7.7.2020) by The Health Protection (Coronavirus, International Travel and Public Health Information) (England) (Amendment) Regulations 2020 (S.I. 2020/691), regs. 1(2), 10(2) (with reg. 2)

Commencement Information

I8 Reg. 9 in force at 8.6.2020, see reg. 1(2)

Expiry E+W

10.—(1) These Regulations expire at the end of the period of 12 months beginning with the day on which they come into force.

(2) The expiry of these Regulations does not affect the validity of anything done pursuant to these Regulations before they expire.

Commencement Information

I9 Reg. 10 in force at 8.6.2020, see reg. 1(2)

Grant Shapps

Secretary of State

Department for Transport