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Statutory Instruments

2020 No. 568

Public Health, England

The Health Protection (Coronavirus, International Travel) (England) Regulations 2020

Made

2nd June 2020

Laid before Parliament

3rd June 2020

Coming into force

8th June 2020

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 M1.

Marginal Citations

M11984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

PART 1E+WGeneral

Citation, commencement and applicationE+W

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 and come into force on 8th June 2020.

(2) These Regulations apply as respects England only.

Commencement Information

I1Reg. 1 in force at 8.6.2020, see reg. 1(1)

InterpretationE+W

2.—(1) In these Regulations—

“child” means a person under the age of 18;

“the common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M2;

“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);

[F1“exempt country or territory” means a country or territory [F2, or part of a country or territory,] specified in Schedule A1 and “non-exempt country or territory” means any other country or territory [F3, or part of a country or territory,] outside the common travel area;]

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 M3;

“passenger information” has the meaning given in regulation 3(1);

“Passenger Locator Form” means the form published electronically by the Secretary of State for the provision of passenger information M4;

“self-isolate” has the meaning given in regulation 4(2), and “self-isolation” and “self-isolating” are to be construed accordingly.

(2) For the purposes of these Regulations, an individual has responsibility for a child if the individual—

(a)has custody or charge of the child for the time being, or

(b)has parental responsibility for the child within the meaning given in section 3 of the Children Act 1989 M5.

[F4(3) For the purposes of these Regulations, a person (“P”) is not treated as departing from or transiting through a country or territory [F5, or part of a country or territory, if, at all times whilst in that country, territory or part thereof]—

(a)P remains on a conveyance and no other passenger is permitted to be taken on board, or

(b)P is kept separated from passengers who did not arrive on the same conveyance as P, and no such passengers are permitted to be taken on board the conveyance on which P leaves that [F6country, territory, or part].]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M2Section 1(3) provides that the United Kingdom, the Channel Islands, the Isle of Man, and the Republic of Ireland are collectively referred to in that Act as “the common travel area”.

M31971 c. 77. Paragraph 1 was amended by paragraph 3 of Schedule 3 to the Health Protection Agency Act 2004 (c. 17), and by S.I. 1993/1813.

M4The Passenger Locator Form is available on www.gov.uk. No hard copy version is generally available but, where a person arrives at a place staffed by Immigration Officers, they will be provided with the ability to complete the form electronically on their arrival in England if not completed in advance; assistance will be available for completion of the electronic form if required.

PART 2E+WObligations on persons arriving in England and others

Requirement to provide informationE+W

3.—(1) A person who arrives in England from outside the common travel area must, subject to paragraph (2), provide on the Passenger Locator Form the information set out in Schedule 1 (“passenger information”) on their arrival.

(2) A person who presents at immigration control at the Channel Tunnel shuttle terminal area in France M6, with the intention of boarding a shuttle service destined for the United Kingdom, must provide on the Passenger Locator Form their passenger information on so presenting.

(3) Subject to paragraph (4), a person who arrives in England from within the common travel area who has been outside the common travel area at any time in the period beginning with the [F710th] day before the date of their arrival in England must provide on the Passenger Locator Form their passenger information on their arrival.

(4) Paragraph (3) does not apply to a person described in that paragraph who arrives in England from Scotland, Wales or Northern Ireland and who has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland, [F8specifying—

(a)in the case of a person who is required to comply with regulation 4, an address in England where that person intends to self-isolate, or

(b)in the case of any other person, an address in England where that person intends to stay during the period of [F910] days beginning on the day after the date of their arrival in the United Kingdom].

(5) A person who is travelling with a child for whom they have responsibility, must ensure that passenger information is provided in relation to that child on the Passenger Locator Form—

(a)on their arrival in England, in the case of a person described in paragraph (1) or (3), or

(b)when they present at immigration control, in the case of a person described in paragraph (2).

(6) If a person described in any of paragraphs (1) to (3) provides their passenger information, and any passenger information required by virtue of paragraph (5), on the Passenger Locator Form in the 48 hours before they are required to do so, then they are treated as having complied with those paragraphs (as applicable).

(7) A person who has provided passenger information in advance in accordance with paragraph (6) must provide evidence that they have done so if requested by an immigration officer.

(8) If passenger information changes or becomes available to a person required to self-isolate during that person's period of self-isolation in England that person must, as soon as reasonably possible take all reasonable steps to complete a Passenger Locator Form, or a new Passenger Locator Form, as the case may be.

(9) Nothing in this regulation requires a person to provide any information if that information is not within their possession or control.

[F10(10) The following are not required to comply with this regulation—

(a)a person described in regulation 4(12),

(b)a person described in any of paragraphs 1 to 4 of Schedule 2,

(c)a person described in any of paragraphs 4A to 4F of Schedule 2 who meets the condition in paragraph 4G of that Schedule,

(d)a person described in paragraph 12 of Schedule 2.]

F11(10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) For the purposes of this regulation, “shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987 M7.

Textual Amendments

Commencement Information

I3Reg. 3 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M6Article 4(1) of the Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813) has the effect of extending all frontier control enactments to the control zone in France. A “frontier control enactment” is an enactment which contains provision relating to frontier controls and the definition of “frontier controls” in Schedule 1 to that Order includes controls in relation to health. The Public Health (Control of Disease) Act 1984 and these Regulations made under it therefore apply in the control zone.

Requirement to self-isolateE+W

4.—(1) This regulation applies where a person (“P”)—

(a)arrives in England from [F12a non-exempt country or territory], or

(b)arrives in England from within the common travel area [F13or from an exempt country or territory], and has at any time in the period beginning with the [F1410th] day before the date of their arrival in England, [F15departed from or transited through a non-exempt country or territory] [F16.]

F17(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) P must remain in isolation from others (“self-isolate”) in accordance with this regulation.

(3) P must self-isolate—

(a)unless sub-paragraph (b) [F18or (c)] applies—

(i)in the case of a person [F19who has arrived from outside the common travel area], at an address specified in P's Passenger Locator Form F20..., as required by regulation 3 and paragraph 2(a) of Schedule 1,

(ii)in the case of a person [F21who has arrived from within the common travel area], or a person described in paragraph 1 of Schedule 2 (other than one described in paragraph (13)(a)(i)), at a place at which they intend to self-isolate while in England,

(iii)where it is not possible for P to self-isolate in accordance with paragraph (i) or (ii), in accommodation facilitated by the Secretary of State for the purposes of P's self-isolation,

(b)where P is an asylum seeker, in accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999 M8,

(c)where P is a person described in paragraph 9(1) of Schedule 10 to the Immigration Act 2016 (powers of Secretary of State to enable person to meet bail conditions), in accommodation provided or arranged under that paragraph.

F22(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F23Where P is required to comply with this regulation, the address specified by P in the Passenger Locator Form pursuant to paragraph 2(a) of Schedule 1] must be—

(a)their home,

(b)the home of a friend or family member, or

(c)a hotel, hostel, bed and breakfast accommodation, or other suitable place.

(5) More than one address may be specified [F24as the place at which P intends to self-isolate] in the Passenger Locator Form where—

(a)a legal obligation requires P to change addresses, or

(b)it is necessary for P to stay overnight at an address on their arrival in England before travelling directly to another address at which they will be self-isolating.

(6) In paragraph (3)(a)(ii) “a place at which they intend to self-isolate while in England” means—

(a)where the person has completed a Passenger Locator Form, at an intended place of self-isolation specified in that form,

(b)where the person has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland, at an intended place of self-isolation specified in that form,

(c)in any other case at a place described in paragraph (4)(a) to (c).

(7) [F25Where P is a person described in paragraph (1)(a) or (b),] P must, on their arrival in England, travel directly to the place at which they are to self-isolate, and must then self-isolate until whichever is the earlier of—

(a)the end of the [F2610th] day after the day on which they [F27last departed from or transited through a non-exempt country or territory], F28...

(b)their departure from England [F29, or

(c)the beginning of the period for which they are required to self-isolate under regulation 2(2)(a)(i) of the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 (after which they are subject to that self-isolation requirement).]

F30(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Paragraph (2) does not require P to remain in isolation—

(a)from any person with whom they were travelling when they arrived in England and who is also self-isolating in the place where P is self-isolating,

(b)where P is self-isolating in their home, from any member of their household,

(c)where P is self-isolating in the home of a friend or family member, from any member of the household of that friend or family member.

[F31(8A) Paragraph (2) does not require P to remain in isolation from a person (“V”) when V is at the place where P is self-isolating—

(a)to provide emergency assistance,

(b)to provide care or assistance, including relevant personal care within the meaning of paragraph 1(1B) or 7(3B) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 F32, to P or to any other person who is living in the place where P is self-isolating,

(c)to provide medical assistance, including to provide any of the services mentioned in paragraph (9)(b), to P or to any other person who is living in the place where P is self-isolating, where this is required urgently or on the advice of a registered medical practitioner,

(d)to provide veterinary services, where this is required urgently or on the advice of a veterinary surgeon,

(e)to provide critical public services, including those mentioned in paragraph (9)(g)(ii)(aa) and (bb).]

(9) During the period of their self-isolation, P may not leave, or be outside of, the place where P is self-isolating except—

(a)to travel in order to leave England, provided that they do so directly,

(b)to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner, including to access [F33services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical or health practitioners, including services relating to mental health],

[F34(ba)to access veterinary services where this is required urgently or on the advice of a veterinary surgeon,]

(c)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,

(d)to avoid injury or illness or to escape a risk of harm,

(e)on compassionate grounds, including to attend a funeral of—

(i)a member of P's household,

(ii)a close family member, or

(iii)if no-one within paragraph (i) or (ii) are attending, a friend,

(f)to move to a different place for self-isolation specified in the Passenger Locator Form or a form equivalent to a Passenger Locator Form pursuant to an enactment in Scotland, Wales or Northern Ireland, or

(g)in exceptional circumstances such as—

(i)to obtain basic necessities such as food and medical supplies for those in the same household (including any pets or animals in the household) where it is not possible to obtain these provisions in any other manner,

(ii)to access critical public services, including—

(aa)social services,

(bb)services provided to victims (such as victims of crime),

(iii)to move to a different place for self-isolation where it becomes impracticable to remain at the address at which they are self-isolating.

(10) For the purposes of this regulation, the place referred to in paragraph (3) includes the premises where P is self-isolating together with any garden, yard, passage, stair, garage, outhouse, or other appurtenance of such premises.

(11) If P is a child, any person who has custody or charge of P during P's period of self-isolation must ensure, so far as reasonably practicable, that P self-isolates in accordance with this regulation.

(12) If P is a person described in paragraph (1)(b) who—

(a)has arrived from Wales or Scotland, and

(b)is in England, temporarily, for a reason which would constitute an exception under paragraph (9),

P is not required to comply with this regulation.

(13) If P is a person described—

(a)in paragraph 1(1) of Schedule 2—

(i)where P is a person described in paragraph 1(1)(a) to (k) of, and meets the conditions set out in paragraph 1(2) of, that Schedule, P is not required to comply with this regulation,

(ii)in any other case, paragraph (3)(b) and (c) does not apply to P,

(b)in paragraph 28 of Schedule 2, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 28 [F35of that Schedule],

[F36(ba)in paragraph 28A of Schedule 2, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 28A of that Schedule,]

(c)in paragraph 38 of Schedule 2—

(i)paragraph (2) does not require P to remain in isolation from any other person who is living or working on the specified farm,

(ii)paragraph (3)(a)(i) applies with the modification that the address specified by P as the address at which they intend to self-isolate must be the specified farm,

where “specified farm” has the meaning given in paragraph 38 of Schedule 2,

[F37(ca)in paragraph 39 of Schedule 2—

(i)where P is [F38a new domestic elite sportsperson,] an international elite sportsperson or an international ancillary sportsperson, P satisfies the requirements of paragraph (2) if P complies with the conditions specified in paragraph 39(4) [F39(za),] (a) or (b), as the case may be, of Schedule 2,

(ii)in any other case, P is not required to comply with this regulation,

(cb)in paragraph 40 of Schedule 2, paragraph (2) does not—

(i)prevent P from travelling from the place where P is self-isolating to the place where the production is taking place, or

(ii)require P to remain in isolation from any other person who is working on the same production,]

[F40(cc) in paragraph 41 of Schedule 2, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 41 of that Schedule,]

[F41(cd)in paragraph 42 of Schedule 2, where P is carrying out specified poultry processing activities at a specified farm—

(i)paragraph (2) does not require P to remain in isolation from any other person who is living or working on the specified farm,

(ii)paragraph (3)(a)(i) applies with the modification that the address specified by P as the address at which they intend to self-isolate must be the specified farm,

and “specified poultry processing activities” and “specified farm” have the meanings given in paragraph 42 of Schedule 2,

(ce)in paragraph 42 of Schedule 2, where P is carrying out specified poultry processing activities at the specified premises and living at the specified accommodation—

(i)paragraph (2) does not require P to remain in isolation from any other person who is living at the specified accommodation or working at the specified premises,

(ii)paragraph (3)(a)(i) applies with the modification that P is treated as self-isolating at the specified accommodation when working at the specified premises and when travelling directly between the specified accommodation and the specified premises,

and “specified poultry processing activities” and “specified premises” have the meanings given in paragraph 42 of Schedule 2, and “specified accommodation” means the address specified in P’s passenger information at which P intends to self-isolate,]

[F42(cf)in paragraph 43 of Schedule 2, paragraph (2) does not—

(i)prevent P from travelling between the place where P is self-isolating and any place where P’s presence is required for the purposes of work as a journalist, or

(ii)require P to remain in isolation from any other person with whom P reasonably needs to meet in person for the purposes of work as a journalist,

(cg)in paragraph 44(1) of Schedule 2, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 44(2) of that Schedule,]

(d)in any other paragraph of Schedule 2, P is not required to comply with this regulation.

F43(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F322006 c. 47. Paragraph 1(1B) of Schedule 4 was inserted by section 64(3) of the Protection of Freedoms Act 2012 (c. 9) and paragraph 7(3B) was substituted by section 66(2) of that Act

Commencement Information

I4Reg. 4 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M81999 c. 33. Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c. 41), by section 10(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), by section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c. 13), and by paragraph 1 of Schedule 11 to the Immigration Act 2016 (c. 19). Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 and by paragraph 29 of Schedule 10 to the Immigration Act 2016

PART 3E+WEnforcement

Enforcement of requirement to self-isolateE+W

5.—(1) Where an authorised person has reasonable grounds to believe that a person (“P”) has left, or is outside of, the place where P is self-isolating in contravention of regulation 4, the authorised person may—

(a)direct P to return to the place where P is self-isolating,

(b)[F46where the authorised person is a constable,] remove P to the place where P is self-isolating,

(c)where [F47the authorised person is a constable and] it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to accommodation facilitated by the Secretary of State for the purposes of P's self-isolation.

(2) Paragraph (1)(b) and (c) does not apply where P is a person described in paragraph 1 of Schedule 2.

(3) [F48A constable] exercising the power in paragraph (1)(b) or (c) may use reasonable force, if necessary, in the exercise of the power.

(4) Where P is a child, and has left or is outside of, the place where they are self-isolating and accompanied by an individual who has responsibility for them—

(a)an authorised person may direct that individual to take P to the place where P is self-isolating, and

(b)that individual must, so far as reasonably practicable, ensure that P complies with any direction given by an authorised person to P.

(5) Where P is a child, and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with regulation 4, the authorised person may direct any individual who has responsibility for P to ensure, so far as reasonably practicable, that P so complies.

(6) An authorised person may only exercise a power in paragraph (1), (4) or (5) if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with regulation 4.

(7) For the purposes of this regulation, “authorised person” means—

(a)a constable, or

(b)a person designated by the Secretary of State for the purposes of this regulation.

Textual Amendments

Commencement Information

I5Reg. 5 in force at 8.6.2020, see reg. 1(1)

Offences and penaltiesE+W

6.—(1) A person who—

(a)without reasonable excuse contravenes a requirement in regulation 3,

(b)contravenes a requirement in regulation 4, or

(c)without reasonable excuse contravenes a requirement in or imposed under regulation 5,

commits an offence.

(2) A person who, without reasonable excuse, wilfully obstructs any person carrying out a function under these Regulations commits an offence.

(3) A person who intentionally or recklessly provides false or misleading passenger information commits an offence.

(4) An offence under these Regulations is punishable on summary conviction by a fine.

(5) Section 24 of the Police and Criminal Evidence Act 1984 M9 applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—

(a)to maintain public health,

(b)to maintain public order.

Commencement Information

I6Reg. 6 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M91984 c. 60. Section 24 was substituted by section 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).

Fixed penalty noticesE+W

7.—(1) An authorised person may issue a fixed penalty notice to anyone that the authorised person has reasonable grounds to believe—

(a)has committed an offence under these Regulations, and

(b)is aged 18 or over.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to an officer designated by the Secretary of State for the purposes of this regulation (“the designated officer”) specified in the notice.

(3) Where a person is issued with a notice under this regulation 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 person may not be convicted of the offence if the person 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,

(d)state the name and address of the person to whom the fixed penalty may be paid, and

(e)specify permissible methods of payment.

(5) Where the fixed penalty notice is issued in respect of an offence described in regulation [F496(1)(c)], or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 4 or 5, then the amount specified under paragraph (4)(c) must be £1,000.

[F50(5A) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 6(1)(b), then the amount specified under paragraph (4)(c) must be—

(a)in the case of the first fixed penalty notice, £1,000,

(b)in the case of the second fixed penalty notice, £2,000,

(c)in the case of the third fixed penalty notice, £4,000,

(d)in the case of the fourth and subsequent fixed penalty notice, £10,000.

(5B) In determining how many fixed penalty notices a person (“P”) has received for the purposes of paragraph 5A, if P received more than one fixed penalty notice for an offence described in regulation 6(1)(b) of these Regulations before 2nd October 2020, only one of those notices may be taken into account.]

(6) Where the fixed penalty notice is issued in respect of an offence described in regulation 6(1)(a) or (3), or regulation 6(2) where the person is believed to have wilfully obstructed any person carrying out a function in relation to regulation 3 (an “information offence”), then the amount specified under paragraph (4)(c) must be—

(a)in the case of the first fixed penalty notice issued in respect of an information offence, £100,

(b)in the case of the second fixed penalty notice issued in respect of an information offence, £200,

(c)in the case of the third fixed penalty notice issued in respect of an information offence, £400,

(d)in the case of the fourth fixed penalty notice issued in respect of an information offence, £800,

(e)in the case of the fifth fixed penalty notice issued in respect of an information offence, £1,600,

(f)in the case of the sixth and subsequent fixed penalty notices issued in respect of an information offence, £3,200.

(7) Whatever other method may be specified under paragraph (4)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (4)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(8) Where a letter is sent as described in paragraph (7), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(9) In any proceedings, a certificate that—

(a)purports to be signed by or on behalf of the designated officer, and

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

is evidence of the facts stated.

(10) For the purposes of this regulation, “authorised person” means—

(a)a constable,

(b)an immigration officer, but only in relation to the issue of a fixed penalty notice in respect of an information offence, or

(c)a person designated by the Secretary of State for the purposes of this regulation.

Textual Amendments

Commencement Information

I7Reg. 7 in force at 8.6.2020, see reg. 1(1)

ProsecutionsE+W

8.  Proceedings for an offence under these Regulations may be brought by the Crown Prosecution Service and any person designated by the Secretary of State.

Commencement Information

I8Reg. 8 in force at 8.6.2020, see reg. 1(1)

PART 4E+WInformation sharing

Power to use and disclose informationE+W

9.—(1) This regulation applies to a person (“P”) who holds information described in paragraph (2) (“relevant information”), including where P holds that information as a result of disclosure made in accordance with paragraph (4).

(2) The information referred to in paragraph (1) is—

(a)information provided on the Passenger Locator Form, or

(b)DA information received for a purpose described in paragraph (4)(a)(i).

(3) P may only use relevant information where it is necessary—

(a)for the purpose of carrying out a function under these Regulations,

(b)for the purpose of—

(i)preventing danger to public health as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii)monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(iii)giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(4) Subject to paragraph (6), P may only disclose relevant information to another person (the “recipient”) where it is necessary for the recipient to have the information —

(a)for the purpose of carrying out a function of the recipient under—

(i)these Regulations, or

(ii)an enactment which, in Scotland, Wales or Northern Ireland, has the effect of requiring the isolation or quarantine of persons who have been outside the common travel area, for any of the purposes described in sub-paragraph (b),

(b)for the purpose of—

(i)preventing danger to public health as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii)monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(iii)giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or coronavirus disease, or

(c)for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(5) Subject to paragraph (7), disclosure which is authorised by this regulation does not breach—

(a)an obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(6) This regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(7) Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.

(8) For the purposes of this regulation—

(a)“data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018 M10,

(b)“DA information” means information provided in accordance with, or as described in, an enactment which, in Scotland, Wales or Northern Ireland, has the effect of requiring the isolation or quarantine of persons who have been outside the common travel area, for any of the purposes described in paragraph (3)(b).

Commencement Information

I9Reg. 9 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

Self-incriminationE+W

10.—(1) Information provided by a person in accordance with, or as described in, regulation 3 may be used in evidence against the person, subject to paragraphs (2) to (4).

(2) In criminal proceedings against the person—

(a)no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b)no question relating to the information may be asked by or on behalf of the prosecution.

(3) Paragraph (2) does not apply if the proceedings are for—

(a)an offence under these Regulations, or

(b)an offence under section 5 of the Perjury Act 1911 M11 (false statements made otherwise than on oath).

(4) Paragraph (2) does not apply if, in the proceedings—

(a)evidence relating to the information is adduced by or on behalf of the person who provided it, or

(b)a question relating to the information is asked by or on behalf of that person.

Commencement Information

I10Reg. 10 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M111911 c. 6. Section 5 was amended by section 1(2) of the Criminal Justice Act 1948 (c. 58).

PART 5E+WReview and expiry of Regulations

[F51Review of need for requirementsE+W

11.  The Secretary of State must review the need for the requirements imposed by these Regulations by 27th July 2020 and at least once every 28 days thereafter.]

Textual Amendments

Commencement Information

I11Reg. 11 in force at 8.6.2020, see reg. 1(1)

Expiry of RegulationsE+W

12.—(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

I12Reg. 12 in force at 8.6.2020, see reg. 1(1)

Matt Hancock

Secretary of State,

Department of Health and Social Care

Regulation 2

[F52SCHEDULE A1E+WExempt countries and territories

Textual Amendments

PART 1E+W[F53Countries, territories and parts of countries or territories]

Textual Amendments

Textual Amendments

PART 2E+WUnited Kingdom Overseas Territories

Textual Amendments

Regulation 3(1)

SCHEDULE 1E+WPassenger information

1.  Personal details of the passenger—E+W

(a)their full name,

(b)their sex,

(c)their date of birth,

(d)their passport number, or travel document reference number (as appropriate), issue and expiry dates and issuing authority,

(e)their telephone number,

(f)their home address,

(g)their email address.

Commencement Information

I13Sch. 1 para. 1 in force at 8.6.2020, see reg. 1(1)

2.  Journey details of the passenger—E+W

[F85(a)the address or addresses in the United Kingdom at which—

(i)in the case of a person who is required to comply with regulation 4, they intend to self-isolate, or

(ii)in the case of any other person, they intend to stay during the period of [F8610] days beginning on the day after the date of their arrival in the United Kingdom,]

(b)the date, or planned date, as appropriate of their arrival at an address specified in sub-paragraph (a) F87...,

(c)the operator they are travelling with or through which their booking was made,

(d)their [F88seat number],

[F89(da)their coach number,]

(e)the flight number [F90or vessel name],

(f)the name of the organised travel group with whom they are travelling,

(g)the location at which they will arrive in the United Kingdom,

(h)the country [F91or territory] they are travelling from,

[F92(hza)the part of that country or territory they are travelling from, if that part—

(i)is specified in Schedule A1, or

(ii)is, where the country or territory itself is specified in that Schedule, expressly excluded in relation to that country or territory,]

[F93(ha)any other country or territory they have departed from or transited through in the period beginning with the [F9410th] day before the date of their arrival in England, and in any such case, the dates of departing from or transiting through any such country or territory,]

[F95(hb)any part of that other country or territory which they have departed from or transited through during that period, including the dates of departure or transit, if that part—

(i)is specified in Schedule A1, or

(ii)is, where the country or territory itself is specified in that Schedule, expressly excluded in relation to that country or territory,]

(i)the date and time, or planned date and time, as appropriate, of their arrival in the United Kingdom,

(j)whether they are connecting through the United Kingdom to a destination outside the United Kingdom and, if so—

(i)the location at which they will depart from in the United Kingdom,

(ii)their final destination country [F96or territory],

(iii)the operator they are travelling with or through which their booking was made for their onward journey,

(iv)[F97the seat number] for their onward journey,

(v)the flight number [F98or vessel name for] their onward journey[F99,

(vi)the coach number for their onward journey].

Textual Amendments

Commencement Information

I14Sch. 1 para. 2 in force at 8.6.2020, see reg. 1(1)

3.  Whether they are providing passenger information on behalf of another person.E+W

Commencement Information

I15Sch. 1 para. 3 in force at 8.6.2020, see reg. 1(1)

4.  Where the passenger is travelling with a child for whom they have responsibility—E+W

(a)the full name and date of birth of that child,

(b)the relationship of the passenger to that child.

Commencement Information

I16Sch. 1 para. 4 in force at 8.6.2020, see reg. 1(1)

5.  Details of an emergency contact—E+W

(a)their full name,

(b)their telephone number.

Commencement Information

I17Sch. 1 para. 5 in force at 8.6.2020, see reg. 1(1)

Regulation 3(10) and 4(13)

SCHEDULE 2E+WPersons not required to comply with regulation 3 or 4

PART 1E+WPersons not required to comply with regulation 3 and regulation 4

1.—(1) A person (“P”) who is—E+W

(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,

(l)a member of the family forming part of the household of a person falling within any of paragraphs (a) to (k),

(2) The conditions referred to in regulation 4(13)(a)(i) (persons who are not required to comply with regulation 4) are that—

(a)the relevant head of the mission, consular post, international organisation, or conference, office representing a foreign territory in the United Kingdom or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to [F100the Foreign, Commonwealth and Development Office] that—

(i)P is required to undertake work which is essential to the functioning of the mission, consular post, international organisation, conference, or office, or to undertake work which is essential to the foreign country represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory and

(ii)that work cannot be undertaken whilst P is complying with regulation 4, and

(b)prior to P's arrival in the United Kingdom [F101the Foreign, Commonwealth and Development Office]—

(i)has confirmed in writing to the person giving the confirmation referred to in paragraph (a) that it has received that confirmation, and

(ii)where P is a representative of a foreign country or territory, has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 4.

(3) For the purposes of this paragraph—

(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 a “consular officer”, “consular employee” and “member of the service staff” as defined in Schedule 1 to the Consular Relations Act 1968 M12, and “head of consular post” has the meaning given in that Schedule,

(f)“member of a diplomatic mission” means the “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 M13.

(4) This paragraph is without prejudice to any immunity from jurisdiction or inviolability which is accorded to any person described in sub-paragraph (1) under the law of England and Wales apart from these Regulations.

Textual Amendments

Commencement Information

I18Sch. 2 para. 1 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M121968 c. 18. There are amendments but none is relevant.

M131964 c. 81. There are amendments but none is relevant.

2.—(1) A Crown servant or government contractor where they are—E+W

(a)required to undertake essential government work related to the United Kingdom border in the United Kingdom within [F102the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4], or

(b)undertaking essential government work related to the United Kingdom border outside of the United Kingdom but—

(i)are required to return to the United Kingdom temporarily,

(ii)will thereafter depart to undertake essential government work related to the United Kingdom border outside of the United Kingdom.

(2) For the purposes of sub-paragraph (1) and paragraph 3—

(a)“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989 M14,

(b)“essential government work” means work which has been designated as such by the relevant Department or employer,

(c)“government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989.

Textual Amendments

Commencement Information

I19Sch. 2 para. 2 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M141989 c. 6. Section 12 was amended by paragraph 22 of Schedule 10 to the Reserve Forces Act 1996 (c. 14), by paragraph 30 of Schedule 12 to the Government of Wales Act 1998 (c. 38), by paragraph 26 of Schedule 8 to the Scotland Act 1998 (c. 46), by paragraph 9(3) of Schedule 13 to the Northern Ireland Act 1998 (c. 47), by paragraph 9 of Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32), by paragraph 6 of Schedule 14 to the Energy Act 2004 (c. 20), by paragraph 58 of Schedule 4 to the Serious Organised Crime and Police Act 2005, by paragraph 34 of Schedule 10, and paragraph 1 of Schedule 12, to the Government of Wales Act 2006 (c. 32) and by paragraph 36 of Schedule 8 to the Crime and Courts Act 2013 (c. 22).

3.—(1) A person who is a Crown servant, a government contractor, or a member of a visiting force, who—E+W

(a)is required to undertake work necessary to the delivery of essential defence activities, F103...

[F104(aa)has travelled from a point of origin within the common travel area or from an exempt country or territory on a vessel or aircraft operated by, or in support of, Her Majesty’s armed forces or by, or in support of, a visiting force and that vessel or aircraft has not taken on any persons, docked in any port or landed in any non-exempt country or territory, or]

(b)has undertaken a continuous period of at least [F10510] days [F106ending with the day immediately preceding the day of their arrival in the United Kingdom] aboard a vessel operated by or in support of Her Majesty's Naval Service [F107or by, or in support of, a visiting force] [F108, where they have not disembarked] and that vessel has not taken on any persons or docked in any port outside of the common travel area for a period of at least [F10510] days [F109ending with the day of its arrival] in the United Kingdom.

(2) For the purposes of sub-paragraph (1)—

(a)“defence” has the meaning given in section 2(4) of the Official Secrets Act 1989,

[F110(b)“visiting force” means any body, contingent or detachment of the forces of a country, being a body, contingent or detachment for the time being present in the United Kingdom (including United Kingdom territorial waters), on the invitation of Her Majesty’s Government in the United Kingdom.]

Textual Amendments

Commencement Information

I20Sch. 2 para. 3 in force at 8.6.2020, see reg. 1(1)

4.  An official of a foreign Government, required to travel to the United Kingdom to undertake essential border security duties, or a contractor directly supporting these essential border security duties where—E+W

(a)they are in possession of a written notice signed by a senior member of their foreign Government confirming that they are required to undertake essential border security duties in the United Kingdom within [F111the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4] and that that work cannot be undertaken whilst the person is complying with regulation 4, or

(b)their deployment is pursuant to a standing bilateral or multilateral agreement with Her Majesty's Government on the operation of the Border controls within the United Kingdom.

Textual Amendments

Commencement Information

I21Sch. 2 para. 4 in force at 8.6.2020, see reg. 1(1)

PART 2E+WPersons not required to comply with regulation 4

[F1124A.—(1) A road passenger transport worker.E+W

(2) For the purposes of this paragraph—

(a)“road passenger transport worker” means—

(i)the driver of a public service vehicle, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council, and who is acting in the course of their employment,

(b)“driver” includes a person who is travelling in a vehicle as a relief driver,

(c)“public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 1981.

Textual Amendments

4B.—(1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 1995, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007.E+W

(2) For the purposes of sub-paragraph (1) and paragraph 4C—

(a)“the Maritime Labour Convention, 2006” means the Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organisation,

(b)“the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14th June 2007 by the International Labour Organisation.

Textual Amendments

4C.  A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007.E+W

Textual Amendments

4D.  An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 [F113, or by a government of a relevant British possession as defined in section 313(1) of that Act], where they have travelled to the United Kingdom in the course of their work.E+W

Textual Amendments

4E.  Crew, as defined in paragraph 1 of Schedule 1 to the Air Navigation Order 2016, where they have travelled to the United Kingdom in the course of their work.E+W

Textual Amendments

4F.—(1) Any of the following who have travelled to the United Kingdom in the course of their work—E+W

(a)drivers and crew on shuttle services and on services for the carriage of passengers or goods by way of the tunnel system,

(b)other workers carrying out essential roles for the safe or efficient operation of the tunnel system, shuttle services or services for the carriage of passengers or goods by way of the tunnel system, or relating to the security of the tunnel system or any such services.

(2) For the purposes of sub-paragraph (1)—

(a)“shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987,

(b)“tunnel system” has the meaning given in section 1(7) of that Act.

Textual Amendments

4G.—(1) The condition mentioned in regulation 3(10)(c) is that the person has on their journey to England travelled only—E+W

(a)on a conveyance which does not carry passengers,

(b)in an area of a conveyance which is not accessible to passengers, or

(c)in an area of a conveyance which is accessible to passengers in vehicles, where passengers remain within their vehicles while the person is present in that area of the conveyance.

(2) For the purposes of this paragraph—

“not accessible to passengers” means separated by a continuous physical barrier which passengers are not permitted to cross;

“passenger” does not include a person of the description in paragraph 4F(1)(b).]

Textual Amendments

5.—(1) A transit passenger.E+W

(2) For the purposes of sub-paragraph (1), “transit passenger” means a person who, on arrival in the United Kingdom, passes through to another country or territory without entering the United Kingdom.

Commencement Information

I22Sch. 2 para. 5 in force at 8.6.2020, see reg. 1(1)

6.—(1) A road haulage worker F114....E+W

(2) For the purposes of this paragraph—

(a)“driver” includes a person who is travelling in a vehicle as a relief driver,

(b)“goods vehicle” has the meaning given in section 192 of the Road Traffic Act 1988 M15,

(c)“road haulage worker” means—

(i)the driver of a goods vehicle that is being used in connection with the carriage of goods, other than goods for non-commercial personal use by the driver, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council M16, and who is acting in the course of their employment,

F115(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F115(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I23Sch. 2 para. 6 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M151988 c. 52. There are amendments to section 192 but none is relevant.

M16OJ No. L 300, 14.11.2009, p. 72.

F1167.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1178.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1189.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F11910.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

11.  Civil aviation inspectors, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7th December 1944 M17, where they have travelled to the United Kingdom when engaged on inspection duties.E+W

Commencement Information

I24Sch. 2 para. 11 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M17The latest edition of Annex 9, which is published by the International Civil Aviation Organization, is the 15th edition, which applied from 23rd February 2018 (ISBN 978-92-9258-301-9).

12.—(1) Any of the following who have travelled to the United Kingdom in the course of their work—E+W

F120(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)operational, rail maintenance, safety and security workers working on the tunnel system,

F121(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of sub-paragraph (1)—

F122(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“tunnel system” has the meaning given in section 1(7) of [F123the Channel Tunnel Act 1987].

Textual Amendments

Commencement Information

I25Sch. 2 para. 12 in force at 8.6.2020, see reg. 1(1)

[F12413.—(1) Any person who the relevant Department has certified as meeting the description in sub-paragraph (a), (b) or (c)—E+W

(a)a Crown servant or government contractor who is required to undertake essential policing or essential government work in the United Kingdom within the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4,

(b)a person returning from conducting essential state business outside of the United Kingdom,

(c)a person returning to the United Kingdom where this is necessary to facilitate the functioning of a diplomatic mission or consular post of Her Majesty or of a military or other official posting on behalf of Her Majesty.

(2) For the purposes of sub-paragraph (1)—

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

(b)“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989,

(c)“essential government work” means work which has been designated as such by the relevant Department, and includes, in particular, work related to national security, the work of the National Crime Agency in pursuance of its statutory functions, and work related to immigration, the coronavirus disease or any other crisis response, but does not include work of the description in paragraph 2 of Part 1 of this Schedule,

(d)“essential policing” means policing which has been designated as such on behalf of the relevant chief officer or chief constable,

(e)“essential state business” means activity which has been designated as essential to the United Kingdom or Her Majesty’s Government by the relevant Department, and includes, in particular, bilateral or multilateral discussions with another state or international organisation and visits to another state on behalf of the United Kingdom or Her Majesty’s Government,

(f)“government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989.

Textual Amendments

13A.—(1) A person returning from undertaking essential or emergency work outside of the United Kingdom, which has been certified by the relevant Department as necessary to facilitate essential government work or essential state business.E+W

(2) For the purposes of sub-paragraph (1) “essential government work” and “essential state business” have the same meaning as in paragraph 13.]

Textual Amendments

14.  A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 1984 M18.E+W

Commencement Information

I26Sch. 2 para. 14 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

15.  A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003 M19 or sought for extradition pursuant to any other extradition arrangements.E+W

Commencement Information

I27Sch. 2 para. 15 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

16.  A representative of any territory travelling to the United Kingdom in order to take into custody a person whose surrender has been ordered pursuant to any provision of the Extradition Act 2003.E+W

Commencement Information

I28Sch. 2 para. 16 in force at 8.6.2020, see reg. 1(1)

17.—(1) Workers engaged in essential or emergency works—E+W

(a)related to water supplies and sewerage services, and

(b)carried out by, for, or on behalf of a water undertaker, sewerage undertaker, water supply licensee, sewerage licensee or local authority,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

(a)“essential or emergency works” includes—

(i)inspections, maintenance, repairs, and asset replacement activities,

(ii)monitoring, sampling and analysis of water supplies under the Private Water Supplies (England) Regulations 2016 M20, the Water Supply (Water Quality) Regulations 2016 M21, the Private Water Supplies (Wales) Regulations 2017 M22, or the Water Supply (Water Quality) Regulations 2018 M23,

(b)“sewerage licensee” [F125means the holder of a sewerage licence under section 17BA] of the Water Industry Act 1991 M24,

(c)“sewerage services” has the meaning given in section 219(1) of the Water Industry Act 1991 M25,

(d)“water supply licensee” has the meaning given in sections 17A(7) and 219(1) of the Water Industry Act 1991 M26.

Textual Amendments

Commencement Information

I29Sch. 2 para. 17 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M20S.I. 2016/618; relevant amending instruments are S.I. 2017/506, 2018/707 and 2019/558.

M21S.I. 2016/614; relevant amending instruments are S.I. 2017/506, 2018/706 and 378, 2019/526 and 558.

M22S.I. 2017/1041 (W. 270), as amended by S.I. 2018/647 (W. 121), S.I. 2019/460 (W. 110) and S.I. 2019/463 (W. 111).

M23S.I. 2018/647 (W. 121), as amended by S.I. 2019/463 (W. 111).

M241991 c. 56. Section 17BA(6) was inserted by section 4(1) of the Water Act 2014 (c. 21). The reference to “sewerage licensee” was inserted in section 219(1) by paragraph 120(2)(f) of Schedule 7 to the Water Act 2014.

M25The definition of “sewerage services” was amended by paragraph 120 of Schedule 7 to the Water Act 2014.

M26Section 17A was inserted by section 1 of the Water Act 2014.

[F12617A.—(1) Workers engaged in essential or emergency works relating to flood and coastal erosion risk management on behalf of—E+W

(a)the Environment Agency, or

(b)a lead local flood authority in England.

(2) For the purposes of sub-paragraph (1)—

(a)“flood” and “coastal erosion” have the meanings given in section 1 of the Flood and Water Management Act 2010 F127,

(b)“lead local flood authority” has the meaning given in section 6(7) of that Act,

(c)“risk management” has the meaning given in section 3 of that Act F128.]

Textual Amendments

F128And see section 2 of the Flood and Water Management Act 2010 for the meaning of “risk”

18.—(1) Workers engaged in essential or emergency works—E+W

(a)related to—

(i)a generating station,

(ii)an electricity interconnector,

(iii)a district heat network as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014 M27,

(iv)communal heating as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014,

(v)automated ballast cleaning and track re-laying systems on a network, or

(vi)the commissioning, maintenance and repair of industrial machinery for use on a network, or

(b)carried out by or on behalf of—

(i)the national system operator,

(ii)a person holding a transmission licence,

(iii)a person holding a distribution licence,

(iv)a person holding a licence under section 7 and 7ZA of the Gas Act 1986 M28,

(v)a LNG import or export facility as defined in section 48 of the Gas Act 1986 M29, or

(vi)a person holding a network licence under section 8 of the Railways Act 1993,

where they have travelled to the United Kingdom for the purposes of their work.

(2) For the purposes of sub-paragraph (1)—

(a)“distribution licence” means a licence granted under section 6(1)(c) of the Electricity Act 1989 M30,

(b)“essential or emergency works” includes commissioning, inspections, maintenance, repairs, and asset replacement activities,

(c)“national system operator” means the person operating the national transmission system for Great Britain,

(d)“network”, in sub-paragraph (1)(a)(v) and (vi), has the meaning given in section 83(1) of the Railways Act 1993 M31

(e)“transmission licence” means a licence granted under section 6(1)(b) of the Electricity Act 1989,

(f)“electricity interconnector”, “generating station” and “transmission system” have the meanings given in section 64(1) of the Electricity Act 1989 M32.

Commencement Information

I30Sch. 2 para. 18 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M27S.I. 2014/3120. There are no relevant amending instruments.

M281986 c. 44. Section 7ZA was inserted by section 149(6) of the Energy Act 2004.

M29The definition was inserted by S.I. 2011/2704.

M311993 c. 43. There are amendments to section 83(1) but none is relevant.

M32The definition of “electricity interconnector” was inserted by section 147(7) of the Energy Act 2004. The definition of “transmission system” was substituted by paragraph 15 of Schedule 19 to the 2004 Act.

19.—(1) A person who is—E+W

(a)nuclear personnel, and who is essential to the safe and secure operations of a site in respect of which a nuclear site licence has been granted,

(b)a nuclear emergency responder,

(c)an agency inspector, or

(d)a Euratom inspector, provided that they arrive in the United Kingdom before IP completion day,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

(a)“agency inspector” has the meaning given in section 1(1) of the Nuclear Safeguards Act 2000 M33,

(b)“nuclear emergency responder” means a person providing assistance to the United Kingdom in accordance with the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency done at Vienna on 26 September 1986, who has been duly notified to and accepted by the United Kingdom, where the United Kingdom has requested assistance under that Convention,

(c)“Euratom inspector” means an inspector sent to the United Kingdom by the Commission of the European Union in accordance with Articles 81 and 82 of the Euratom Treaty,

(d)“nuclear personnel” means—

(i)a worker who is employed to carry out work on or in relation to a site in respect of which a nuclear site licence has been granted, or

(ii)an employee of the Nuclear Decommissioning Authority M34,

(e)“nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965 M35.

Commencement Information

I31Sch. 2 para. 19 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M34The Nuclear Decommissioning Authority was established by section 1 of the Energy Act 2004.

M351965 c. 57. Section 1 was substituted by paragraph 17 of Schedule 2 to the Energy Act 2013 (c. 32); by virtue of section 1(2), a licence described in section 1(1) is referred to as a “nuclear site licence”.

20.  An inspector from the Organisation for the Prohibition of Chemical Weapons, within the meaning given to “inspector” by section 24(e) of the Chemical Weapons Act 1996 M36, who has travelled to the United Kingdom for the purposes of an inspection.E+W

Commencement Information

I32Sch. 2 para. 20 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

21.—(1) A person who is—E+W

(a)carrying out a critical function at a space site or spacecraft controller who is responsible for command and control of a launch vehicle or spacecraft for nominal operations, collision avoidance or anomalies, or

(b)employed by, or contracted to provide services to, a person who operates or maintains space situational awareness capabilities,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

(a)“space site” has the meaning given in paragraph 5(3) of Schedule 4 to the Space Industry Act 2018 M37,

(b)“space situational awareness capabilities” means the sensors, systems and analytical services needed to provide time-sensitive warnings of space weather events, orbital collisions, orbital fragmentations or the re-entry of man-made objects from orbit,

(c)“spacecraft” has the meaning given in section 2(6) of the Space Industry Act 2018,

(d)“spacecraft controller” means a person competent, authorised and responsible for maintaining safe and secure operation of spacecraft through monitoring the status of a spacecraft, issuing manoeuvre commands or controlling other aspects of the spacecraft that influence its behaviour including its motion in space.

Commencement Information

I33Sch. 2 para. 21 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

22.—(1) A specialist aerospace engineer, or a specialist aerospace worker, where they have travelled to the United Kingdom in the course of their work.E+W

(2) For the purposes of sub-paragraph (1)—

(a)“specialist aerospace engineer” means a person who is employed or otherwise engaged to provide engineering services for the purpose of ensuring the continued operation of aviation activities (including but not limited to the provision of maintenance and repair services for production lines, aviation components, grounded aircraft and new aircraft),

(b)“specialist aerospace worker” means a person who is employed or otherwise engaged to provide services for the purpose of ensuring safety management and quality assurance as required by relevant standards, guidance and publications on aviation safety produced by the Civil Aviation Authority or the European Union Aviation Safety Agency M38.

Commencement Information

I34Sch. 2 para. 22 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M38The Civil Aviation Authority was established under section 1(1) of the Civil Aviation Act 1971 (c.75). That Act was replaced by a consolidating statute, the Civil Aviation Act 1982 (c.16), section 2(1) of which provides for the continued existence of the Civil Aviation Authority. There are amendments to section 2 but none is relevant. The European Union Aviation Safety Agency was established by Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91.

23.—(1) A person engaged in operational, maintenance or safety activities of a downstream oil facility that has a capacity in excess of 20,000 tonnes, where —E+W

(a)the downstream oil facility is engaged in a specified activity carried on in the United Kingdom in the course of a business, and contributes (directly or indirectly) to the supply of crude oil based fuels to consumers in the United Kingdom or persons carrying on business in the United Kingdom, and

(b)the activities are required to ensure continued safe operation of the facility,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

(a)a facility has a capacity in excess of 20,000 tonnes at any time if it was used in the previous calendar year for the purposes of downstream oil sector activities in relation to more than that number of tonnes of oil,

(b)“specified activities” are—

(i)storing oil,

(ii)handling oil,

(iii)the carriage of oil by sea or inland water,

(iv)conveying oil by pipes,

(v)refining or otherwise processing oil.

Commencement Information

I35Sch. 2 para. 23 in force at 8.6.2020, see reg. 1(1)

24.—(1) A worker F129... required [F130to undertake or commence within [F131the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4]]—E+W

(a)activities on or in relation to [F132an offshore installation],

(b)activities on or in relation to upstream petroleum infrastructure,

(c)critical safety work on [F133an offshore installation or well being decommissioned or] preserved pending demolition or reuse, or

(d)activities for the provision of workers, goods, materials or equipment or other essential services required to support the safe operation of the activities referred to in paragraphs (a) to (c) [F134,

where they have travelled to the United Kingdom in the course of their work].

(2) For the purposes of sub-paragraph (1)—

(a)“offshore [F135installation]” has the meaning given in section 44 of the Petroleum Act 1998 M39,

(b)“upstream petroleum infrastructure” has the meaning given in section 9H of the Petroleum Act 1998 M40,

(c)“[F136well]” has the meaning given in section 45A(10) of the Petroleum Act 1998 M41.

Textual Amendments

Commencement Information

I36Sch. 2 para. 24 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M391998 c. 17. Section 44 was amended by paragraph 11 of Schedule 1 to the Energy Act 2008 (32).

M40Section 9H was substituted by section 74(2) of the Energy Act 2016 (c. 20).

M41Section 45A was inserted by section 75(1) of the Energy Act 2008. There are amendments to section 45A(10) but none is relevant.

25.  A postal operator, as defined in section 27(3) of the Postal Services Act 2011 M42, where they have travelled to the United Kingdom in the course of their work.E+W

Commencement Information

I37Sch. 2 para. 25 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

26.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works or services (including commissioning, maintenance, and repairs and safety checks) to ensure the continued production, supply, movement, manufacture, storage or preservation of goods, where they have travelled to the United Kingdom in the course of their work or otherwise to commence or resume their work.E+W

Commencement Information

I38Sch. 2 para. 26 in force at 8.6.2020, see reg. 1(1)

27.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works [F137(including construction, commissioning, installation,] maintenance, repairs and safety checks) or to fulfil contractual obligations or warranty specifications in, or in connection with, waste management facilities used for the management, sorting, treatment, recovery, or disposal of waste (including energy from waste), where they have travelled to the United Kingdom in the course of their work.E+W

Textual Amendments

Commencement Information

I39Sch. 2 para. 27 in force at 8.6.2020, see reg. 1(1)

28.—(1) Any of the following—E+W

(a)a person (“P”) who—

(i)before travelling to the United Kingdom has made arrangements with a provider in the United Kingdom to receive healthcare (or, where P is a child, on whose behalf such arrangements have been made),

(ii)is in possession of written confirmation of the arrangements from the provider,

(iii)has travelled to the United Kingdom to receive that healthcare, and

(iv)is attending a place to receive that healthcare or is travelling directly between that place and the place where they are self-isolating,

(b)a person who—

(i)is accompanying P for the purpose of providing necessary care or support to P in the circumstances referred to in sub-paragraph (1)(a)(iv), or

(ii)is travelling, for the purpose of so accompanying P, directly between the place where they are self-isolating and either of the places referred to in sub-paragraph (1)(a)(iv),

where that person has travelled to the United Kingdom for that purpose and is in possession of the confirmation referred to in sub-paragraph (1)(a)(ii) or a copy of it,

(c)an accompanying child who is accompanying P or, where P is a child, is accompanying a person referred to in sub-paragraph (1)(b),

(d)a live donor who is attending a place for the purpose referred to in the definition of “live donor” or is travelling directly between that place and the place where they are self-isolating.

(2) For the purposes of this paragraph—

(a)“accompanying child”, in relation to P, means a child who has arrived in England with P and for whom P has responsibility, or where P is a child, a child who has arrived in England with the person referred to in sub-paragraph (1)(b) and for whom that person has responsibility,

(b)“healthcare” means all forms of healthcare provided for individuals, whether relating to mental or physical health, including healthcare in connection with giving birth,

(c)“live donor” means a person who—

(i)has travelled to the United Kingdom for the purpose of donation of material which consists of or includes their human cells pursuant to arrangements made with a provider in the United Kingdom before travelling to the United Kingdom, and which are to be used by the provider for the purpose of providing healthcare, and

(ii)is in possession of written confirmation of the arrangements from the provider,

(d)“provider” means a provider of healthcare,

(e)references to a place where a person is self-isolating are to a place where they are required to self-isolate, or permitted to be at, by virtue of regulation 4.

Commencement Information

I40Sch. 2 para. 28 in force at 8.6.2020, see reg. 1(1)

[F13828A.—(1) Any of the following—E+W

(a)an elite sportsperson (“P”) who—

(i)before travelling to the United Kingdom has made arrangements with a business in the United Kingdom to be subject to one or more medical examinations to help that business determine whether to offer that sportsperson a contract to participate in elite sports events on behalf of that business,

(ii)is in possession of written confirmation of the arrangements from the business,

(iii)has travelled to the United Kingdom to be subject to one or more such examinations, and

(iv)is attending a place to be subject to an examination or is travelling directly—

(aa)between that place and the place where they are self-isolating, or

(bb)between that place and any other place at which another examination will be carried out,

(b)a person who—

(i)is accompanying P for the purpose of providing necessary care or support to P in the circumstances referred to in sub-paragraph (1)(a)(iv), or

(ii)is travelling, for the purpose of so accompanying P, directly—

(aa)between the place where they are self-isolating and the place at which an examination will be carried out, or

(bb)between a place at which an examination will be carried out and another such place,

where that person has travelled to the United Kingdom for that purpose and is in possession of the confirmation referred to in sub-paragraph (1)(a)(ii) or a copy of it.

(2) For the purposes of this paragraph—

(a)“elite sportsperson” means an individual who derives a living from competing in a sport,

(b)references to a place where an individual is self-isolating are to a place where that individual is required to self-isolate, or permitted to be at, by virtue of regulation 4.]

Textual Amendments

29.—[F139(1) A person who has travelled to the United Kingdom for the purpose of transporting material which consists of, or includes, human cells or blood and which is to be used for the provision of healthcare by a provider.]E+W

(2) For the purposes of sub-paragraph (1)—

(a)“blood” includes blood components,

(b)“healthcare” and “provider” have the meanings given in paragraph 28(2).

Textual Amendments

Commencement Information

I41Sch. 2 para. 29 in force at 8.6.2020, see reg. 1(1)

F14030.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

31.  A person who is an “inspector” within the meaning given in regulation 8(1) of the Human Medicines Regulations 2012 M43 who has travelled to the United Kingdom to undertake activities in relation to their role as such a person.E+W

Commencement Information

I42Sch. 2 para. 31 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

32.—(1) A person who—E+W

(a)has travelled to the United Kingdom to—

(i)conduct a clinical trial within the meaning of “conducting a clinical trial” in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004 M44,

(ii)undertake such activities as are necessary or expedient to prepare for the conduct of a clinical trial, or

(iii)carry out any necessary compliance activity in relation to a clinical trial that cannot be conducted remotely,

(b)is a “qualified person” within the meaning of regulation 43 of those Regulations, where they have travelled to the United Kingdom in order to undertake activities in relation to their role as such a person, or

(c)is a “sponsor” within the meaning given in regulation 2(1) of those Regulations, or carries out the functions or duties of a sponsor, of a clinical trial and has travelled to the United Kingdom to undertake activities in relation to a clinical trial.

(2) For the purposes of sub-paragraph (1), “clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004.

Commencement Information

I43Sch. 2 para. 32 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M44S.I. 2004/1031, to which there are amendments not relevant to these Regulations.

33.  A person who has travelled to the United Kingdom to conduct a “clinical investigation” within the meaning of the Medical Devices Regulations 2002 M45, or to undertake such activities as are necessary or expedient to prepare for the conduct of a clinical investigation or carry out any other necessary compliance activity in relation to a clinical investigation that cannot be conducted remotely.E+W

Commencement Information

I44Sch. 2 para. 33 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

34.—(1) A person who is—E+W

(a)a “qualified person” within the meaning of regulation 41(2) of the Human Medicines Regulations 2012 M46,

(b)a “responsible person” within the meaning of regulation 45(1) of those Regulations, or

(c)“an appropriately qualified person responsible for pharmacovigilance” within the meaning of regulation 182(2)(a) of those Regulations,

where they have travelled to the United Kingdom in order to undertake activities in relation to their role as such a person.

Commencement Information

I45Sch. 2 para. 34 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

35.—(1) A person who has travelled to the United Kingdom for the purposes of their work in essential infrastructure industries including—E+W

(a)a person involved in essential maintenance and repair of data infrastructure required to reduce and resolve outages, or in the provision of goods and services to support these activities, and

(b)an information technology or telecommunications professional (including information technology consultant, quality analyst, software tester, systems tester, and telecommunications planner), whose expertise is required to—

(i)provide an essential or emergency response to threats and incidents relating to the security of any network and information system, and

(ii)ensure the continued operation of any network and information system.

(2) For the purposes of sub-paragraph (1), “network and information” system has the meaning in regulation 1(2) of the Network and Information Systems Regulations 2018 M47.

Commencement Information

I46Sch. 2 para. 35 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

36.  A person who is engaged in urgent or essential work—E+W

(a)that is necessary for the continued operation of—

(i)electronic communications networks and services as defined in section 32 of the Communications Act 2003M48 F141..., or

(ii)the BBC's broadcasting transmission network and services,

(b)in associated supply chain companies that maintain the confidentiality, integrity, and availability of the electronic communications networks and services and the BBC transmission network and services,

where they have travelled to the United Kingdom in the course of their work.

Textual Amendments

Commencement Information

I47Sch. 2 para. 36 in force at 8.6.2020, see reg. 1(1)

Marginal Citations

M482003 c. 21. The definition of “electronic communications network” was amended by S.I. 2011/1210.

[F14236A.  A person—E+W

(a)who is engaged in the installation, maintenance or repair of subsea fibre optic telecommunications infrastructure,

(b)whose role directly supports the installation, maintenance or repair of subsea fibre optic telecommunications infrastructure,

where they have travelled to the United Kingdom in the course of their work.]

Textual Amendments

37.  A person—E+W

(a)pursuing an activity as an employed or self-employed person in the United Kingdom and who resides in another country to which they usually return at least once a week, or

(b)residing in the United Kingdom and who pursues an activity as an employed or self-employed person in another country to which they usually go at least once a week.

Commencement Information

I48Sch. 2 para. 37 in force at 8.6.2020, see reg. 1(1)

38.—(1) A person who has an offer of employment for seasonal work to carry out specified activities in edible horticulture on a specified farm.E+W

(2) For the purposes of sub-paragraph (1)—

(a)“seasonal work” is employment which fluctuates or is restricted due to the season or time of the year,

(b)“edible horticulture” means growing—

(i)protected vegetables grown in glasshouse systems,

(ii)field vegetables grown outdoors, including vegetables, herbs, leafy salads and potatoes,

(iii)soft fruit grown outdoors or under cover,

(iv)trees that bear fruit,

(v)vines and bines,

(vi)mushrooms,

(c)“specified farm” means the farm named in that person's passenger information,

(d)“specified activities” means—

(i)crop maintenance,

(ii)crop harvesting,

(iii)tunnel construction and dismantling,

(iv)irrigation installation and maintaining,

(v)crop husbandry,

(vi)packing and processing of crops on employers premises,

(vii)preparing and dismantling growing areas and media,

(viii)general primary production work in edible horticulture,

(ix)activities relating to supervising teams of horticulture workers.

Commencement Information

I49Sch. 2 para. 38 in force at 8.6.2020, see reg. 1(1)

[F14339.—(1) A domestic elite sportsperson, [F144a new domestic elite sportsperson,] an international elite sportsperson, a domestic ancillary sportsperson [F145, an international ancillary sportsperson or a multinational ancillary sportsperson].E+W

(2) For the purposes of this paragraph—

“domestic ancillary sportsperson” means an individual essential to—

(a)

the running of an elite sports event including—

(i)

operational staff essential to the running of that elite sports event,

(ii)

event officials and referees, or

(b)

the support of a domestic elite sportsperson including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual sportsperson medical and technical support staff,

(iii)

horse grooms and trainers,

(iv)

motorsport mechanics and technical staff,

(v)

the parent or carer of a domestic elite sportsperson under the age of 18;

“domestic elite sportsperson” means an individual who—

(a)

[F146derives a living from competing in a sport or is—

(i)

a senior representative nominated by a relevant sporting body,

(ii)

a member of the senior training squad for a relevant sporting body, or

(iii)

aged 16 or above and on an elite development pathway,]

(b)

is in England, after departing from or transiting through a non-exempt country or territory, and

(c)

either—

(i)

has departed from or transited through the non-exempt country or territory in order to participate in [F147training for or to compete in] an elite sports event and has returned to England with the intention of continuing activities as a sportsperson, or

(ii)

is a United Kingdom sportsperson who is not habitually resident in the United Kingdom and has travelled to England in order to participate in training for or to compete in an elite sports event;

“elite sports event” means a specified competition or other sporting event in which the participants compete—

(a)

to derive a living, or

(b)

to qualify for the right to represent—

(i)

Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii)

England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

“international ancillary sportsperson” means an individual essential to—

(a)

the running of a specified competition including—

(i)

operational staff essential to the running of that specified competition,

(ii)

competition officials and referees,

(iii)

broadcast staff and journalists covering that specified competition, or

(b)

the support of an international elite sportsperson, including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual sportsperson medical and technical support staff,

(iii)

horse grooms and trainers,

(iv)

motorsport mechanics and technical staff,

(v)

the parent or carer of an international elite sportsperson under the age of 18;

“international elite sportsperson” means an individual who travels to England in order to participate in a specified competition after departing from or transiting through a non-exempt country or territory at any time in the period beginning with the [F14810th] day before the date of their arrival in England and who—

(a)

derives a living from competing in a sport,

(b)

is a senior representative nominated by a relevant sporting body,

(c)

is a member of the senior training squad for a relevant sporting body, or

(d)

is aged 16 or above and on an elite development pathway;

[F149“multinational ancillary sportsperson” means an individual who–

(a)

provides medical or technical support to a person in the United Kingdom who is an elite sportsperson, within the meaning of regulation 1 of the Health Protection (Coronavirus, Restrictions) (England) (No. 2) Regulations 2020,

(b)

is in England, after departing from or transiting through a non-exempt country or territory,

(c)

has returned to England with the intention of continuing to provide medical or technical support to an elite sportsperson within the meaning of regulation 1 of the Health Protection (Coronavirus, Restrictions) (England) (No. 2) Regulations 2020, and

(d)

has departed from or transited through the non-exempt country or territory in order to provide medical or technical support, other than as a domestic ancillary sportsperson, to a sportsperson who—

(i)

derives a living from competing in a sport,

(ii)

is a senior representative nominated by a relevant sporting body,

(iii)

is a member of the senior training squad for a relevant sporting body, or

(iv)

is aged 16 or above and on an elite development pathway;]

[F150“new domestic elite sportsperson” means an individual who—

(a)

derives a living from competing in elite sports events,

(b)

is in England, after departing from or transiting through a non-exempt country or territory, and

(c)

has travelled to England and has entered into a contract with a business in England to compete in elite sports events, to participate in training for and to compete in elite sports events on behalf of that business;]

“specified competition” means a competition specified in Schedule 3.

(3) For the purposes of F151... paragraph (2)—

(a)“elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—

(i)so that they may derive a living from competing in that sport, or

(ii)to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham;

(b)“relevant sporting body” in relation to a sportsperson means the national governing body of a sport which may nominate sportspersons to represent—

(i)that sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii)that sportsperson’s nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme;

(c)“senior representative” in relation to a sportsperson means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(i)that sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games; or

(ii)that sportsperson’s nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.

(4) The conditions referred to in regulation 4(13)(ca) are—

[F152(za)where P is a new domestic elite sportsperson—

(i)P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as a new domestic elite sportsperson,

(ii)P travels directly to, and remains in any place where P is self-isolating, apart from when P is travelling to or from, or attending the location of an elite sports event or training for an elite sports event, or travelling between different locations where an elite sports event or training for an elite sports event is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with any other new domestic elite sportspersons, domestic elite sportspersons or international elite sportspersons who are competing in or training for an elite sports event or with international ancillary sportspersons or domestic ancillary sportspersons involved in an elite sports event,]

(a)where P is an international elite sportsperson—

(i)P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as an international elite sportsperson attending a specified competition,

(ii)P travels directly to, and remains in any place where P is self-isolating, apart from when P is travelling to or from, or attending the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified competition is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with any other international elite sportspersons or domestic elite sportspersons who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition, and

(b)where P is an international ancillary sportsperson—

(i)P provides, on arrival in England, written evidence from a United Kingdom or English sport national governing body of P’s status as an international ancillary sportsperson attending a specified competition,

(ii)P travels directly to and remains in the place where P will be self-isolating apart from when P is travelling to or from, or attending the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified competition is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with international elite sportspersons or domestic elite sportspersons who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition.

Textual Amendments

40.—(1) A person engaged in film [F153, advertising production or high end TV production].E+W

(2) For the purposes of sub-paragraph (1)—

(a)a person is engaged in film production if engaged in the making of a film which is a British film for the purposes of Schedule 1 to the Films Act 1985, F154...

(b)a person is engaged in high end TV production if working on the making of a television programme which is a British programme for the purposes of Part 15A of the Corporation Tax Act 2009,

[F155(c)a person is engaged in advertising production if that person is employed, or contracted, to make an audiovisual advertisement as—

(i)a director,

(ii)an actor, or

(iii)a director of photography.]]

Textual Amendments

[F15640A.—(1) A person engaged in television production.E+W

(2) For the purposes of sub-paragraph (1) a person is engaged in television production if that person is employed, or contracted, to make a television programme (other than a television programme which is a British programme for the purposes of Part 15A of the Corporation Tax Act 2009) as—

(a)an actor,

(b)a presenter or other significant on-screen participant,

(c)a director,

(d)a producer,

(e)a lighting director,

(f)a director of photography,

(g)a creative director,

(h)other key members of the production crew at director level responsible for managing key aspects of the production, or

(i)a senior executive responsible for overseeing the production company’s operations in relation to the production.]

Textual Amendments

[F15741.—(1) A person who is undertaking activities necessary for the participation of the organisation they represent in the 4th National Lottery Licence Competition, during such activities and any necessary ancillary travel.E+W

(2) For the purposes of sub-paragraph (1), the “4th National Lottery Licence Competition” is the competition, run by the Gambling Commission, for the licence to run the National Lottery provided for by section 5 of the National Lottery etc. Act 1993.]

Textual Amendments

[F15842.—(1) A person who has an offer of employment for seasonal work to carry out specified poultry processing activities on a specified farm or at a specified premises.E+W

(2) For the purposes of sub-paragraph (1)—

(a)“seasonal work” is employment which fluctuates or is restricted due to the season or time of the year;

(b)“specified poultry processing activities” means–

(i)catching poultry,

(ii)slaughtering poultry,

(iii)preparing and processing poultrymeat,

(iv)packing poultrymeat;

(c)“specified farm” means the farm named in the offer of employment;

(d)“specified premises” means the slaughterhouse, processing site or other work premises named in the offer of employment.]

Textual Amendments

[F15943.—(1) A journalist where they have travelled from or to the United Kingdom in the course of their work.E+W

(2) For the purposes of this paragraph—

(a)“journalist” means a person who holds a valid UK Press Card or International Press Card,

(b)“UK Press Card” means a press card issued by an organisation (known as a gatekeeper) under the scheme managed by the UK Press Card Authority,

(c)“International Press Card” means a press card issued by a national organisation under the scheme managed by the International Federation of Journalists.

Textual Amendments

44.—(1) A senior executive.E+W

(2) The circumstances referred to in regulation 4(13)(cg) are—

(a)the senior executive is a returning UK undertaking executive, a multinational undertaking executive or an international undertaking executive and is undertaking activity within the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 4 and—

(i)if a returning UK undertaking executive, that executive has a reasonable belief that the activity will more likely than not lead to the creation or continuation of employment for 50 employees or more in the United Kingdom-based undertaking on behalf of which the executive undertook overseas activities,

(ii)if a multinational undertaking executive, that executive has a reasonable belief that the activity will more likely than not lead to the creation or continuation of employment for 50 employees or more in the United Kingdom-based branch or subsidiary of that overseas-based undertaking which that executive is visiting,

(iii)if an international undertaking executive, that executive has a reasonable belief that the activity will deliver significant economic benefit to the United Kingdom,

(b)that activity requires the senior executive’s travel to and physical presence at a particular location and cannot reasonably be undertaken remotely.

(3) For the purposes of this paragraph, it is reasonable to believe that an activity will deliver significant economic benefit to the United Kingdom if it is more likely than not to lead to—

(a)the placing of a contract for the purchase of goods or services from a United Kingdom-based undertaking—

(i)with a value of no less than £100 million, or

(ii)which will more likely than not lead to the creation or continuation of employment of 50 employees or more in that undertaking,

(b)an investment in a United Kingdom-based undertaking which will more likely than not lead to the creation or continuation of employment of 50 employees or more in that United Kingdom-based undertaking, or

(c)establishment of a new business in the United Kingdom which will more likely than not, within the period of 12 months beginning with the date on which the international undertaking executive arrived in the United Kingdom, lead to the creation of employment for 50 employees or more in that new business.

(4) In this paragraph—

“branch” means a place of business that forms a legally dependent part of an undertaking and conducts directly some or all of the operations of that undertaking;

“international undertaking executive” means a senior executive of an overseas-based undertaking who is not a returning UK undertaking executive or a multinational undertaking executive and who has travelled to the United Kingdom for business or investment purposes;

“multinational undertaking executive” means a senior executive of an overseas-based undertaking who has travelled to the United Kingdom to visit a United Kingdom-based branch or subsidiary of that overseas-based undertaking which has 50 employees or more;

“returning UK undertaking executive” means a senior executive of a United Kingdom-based undertaking who has returned to the United Kingdom after undertaking overseas activities solely for the purpose of ongoing business operations that are necessary for that undertaking;

“senior executive” means a director or, in relation to an undertaking which has no board of directors, a member of the equivalent management body responsible for the management of the undertaking concerned;

“undertaking” means—

(a)

a body corporate or partnership, including a body corporate or partnership constituted under the law of a country or territory outside the United Kingdom,

(b)

an unincorporated association carrying on a trade or business,

and whether an undertaking is a subsidiary of another undertaking is to be determined in accordance with section 1162 of the Companies Act 2006;

“United Kingdom-based undertaking” means—

(a)

an undertaking whose principal place of business is in the United Kingdom and which has 50 employees or more, or

(b)

a United Kingdom branch of an overseas-based undertaking which has 50 employees or more in the United Kingdom.

Textual Amendments

45.—(1) A performing arts professional working in connection with a performing arts event.E+W

(2) For the purposes of this paragraph—

(a)“domestic performing arts professional” means a performing arts professional who is habitually resident in the United Kingdom and has returned to England, having travelled to or transited through a non-exempt country or territory in order to work in connection with a performing arts event,

(b)“international performing arts professional” means a performing arts professional who is not habitually resident in the United Kingdom and travels to England in order to work in connection with a performing arts event after departing from or transiting through a non-exempt country or territory at any time in the period beginning with the 14th day before the date of their arrival in England,

(c)“performing arts activity” means—

(i)a dramatic production, including a performance of a play, opera, musical or other dramatic piece,

(ii)a reading or recitation,

(iii)a performance of live music,

(iv)a recording of a performance of live music which is—

(a)broadcast, at the time of the performance or later, to the general public, or

(b)released, at the time of the performance or later, to the paying public (by digital or other means),

(v)a music video production,

(vi)a performance of dance, or

(vii)an event that combines more than one of the activities set out at sub-paragraphs (i) to (vi);

(d)“performing arts event” means an event—

(i)at which a performing arts activity takes place, and

(ii)for which the performing arts professional is paid;

(e)“performing arts professional” means an individual who—

(i)is a domestic performing arts professional or an international performing arts professional,

(ii)derives a living from the performing arts, and

(iii)holds a certificate issued by Arts Council England in accordance with ‘Travelling or returning to England for work as a performing arts professional during COVID-19: Self-isolation Exemptions Guidance’ published by Arts Council England on 4th December 2020.]

Textual Amendments

Schedule 2 paragraph 39(2)

[F160SCHEDULE 3E+W

Textual Amendments

ATP Tour Finals tennis

Betfred Super League Rugby Football League fixtures

F161...

Textual Amendments

F162...

Textual Amendments

F163...

Textual Amendments

England & Wales Cricket Board International Cricket Fixtures

European Professional Club Rugby Fixtures

F164...

Textual Amendments

F165...

Textual Amendments

F166...

Textual Amendments

FIH Pro League hockey fixtures

Football Association International Fixtures

Guinness PRO14 Rugby Football Union Fixtures

F167...

Textual Amendments

F168...

Textual Amendments

F169...

Textual Amendments

F170...

Textual Amendments

Matchroom – Boxing Championship Matches

F171...

Textual Amendments

Matchroom – Partypoker Mosconi Cup Pool Tournament

F172...

Textual Amendments

F173...

Textual Amendments

F174...

Textual Amendments

Olympic, Paralympic and Commonwealth Games Qualification Events

F175...

Textual Amendments

F176...

Textual Amendments

Professional Darts Corporation – Players Championship

F177...

Textual Amendments

F178...

Textual Amendments

Professional Darts Corporation – World Youth Championship

F179...

Textual Amendments

F180...

Textual Amendments

Rugby Football Union international fixtures

Rugby League Challenge Cup

F181...

Textual Amendments

F182...

Textual Amendments

F183...

Textual Amendments

UEFA Champions League and Europa League fixtures

F184...

Textual Amendments

F185...

Textual Amendments

World Snooker Tour – Shoot Out

[F186Cage Warriors Trilogy Series

Textual Amendments

F187...

Textual Amendments

F188...

Textual Amendments

F189...

Textual Amendments

England & Wales Cricket Board - T20 Blast

England & Wales Cricket Board - The Rachael Heyhoe Flint

Matchroom – Championship League Snooker Tournament]

F190...

Textual Amendments

[F191World Snooker Tour - Northern Ireland Open

Textual Amendments

World Snooker Tour - UK Championships

World Snooker Tour - Scottish Open

World Snooker Tour - World Grand Prix

F192...

Textual Amendments

Professional Darts Corporation – Ladbrokes Players Championship Finals

Professional Darts Corporation – William Hill World Darts Championship

Professional Darts Corporation – Boylesports [F193Grand Slam of Darts]

Textual Amendments

England Roses v Jamaica Sunshine Girls - Vitality International Netball Series

International Championship Boxing - Queensberry Promotions

F194...

Textual Amendments

Motorsport UK - British Kart Championships

F195...

Textual Amendments

F196...

Textual Amendments

F197...

Textual Amendments

F198...

Textual Amendments

F199...

Textual Amendments

F200...]

Textual Amendments

[F201International Boxing Championship Matches – MTK Promotions

Textual Amendments

European Mixed Team Badminton Championships – Group 1 Qualifying Event

Yonex All England Open Badminton Championships

F202...

Textual Amendments

GB Taekwondo Fight Night I – International Taekwondo, Para Taekwondo and Karate Event

GB Taekwondo Fight Night II – International Taekwondo, Para Taekwondo and Karate Event

F203...

Textual Amendments

F204...

Textual Amendments

Lancashire Chase horse-racing

Ladbrokes Trophy meeting horse-racing

Tingle Creek Chase horse-racing

Becher Chase horse-racing

The International meeting (Cheltenham) horse-racing

Long Walk Hurdle horse-racing

King George VI meeting horse-racing

Coral Welsh Grand National horse-racing

Cheltenham New Year’s Day meeting horse-racing

Classic Chase horse-racing

Clarence House Chase horse-racing

Festival Trials Day (Cheltenham) horse-racing

Professional Darts Corporation – PDPA World Championship Qualifier

Curling Euro Super Series

Matchroom – World Championship of Ping Pong

Matchroom – World Pool Championship

Hennessy Sports – International Boxing Championship Matches

F205...

Textual Amendments

F206...

Textual Amendments

F207...

Textual Amendments

British Judo – British Closed Senior Invitational Competition]

[F208British Swimming International Meet

Textual Amendments

Motorsport UK - British Rallycross Championship and Support Championship

Professional Darts Corporation - Ladbrokes Masters

Professional Darts Corporation - Unibet Premier League

World Snooker Tour - German Masters

World Snooker Tour - The Masters

World Snooker Tour - Players Championship

World Snooker Tour - Welsh Open]]

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose requirements on people arriving in England from outside the common travel area (that is, the open borders area comprising the United Kingdom, the Republic of Ireland, the Isle of Man, and the Channel Islands), in order to prevent the spread of infection or contamination from coronavirus or coronavirus disease.

The Regulations require those people (i) to provide information including contact details and details of their intended onward travel, and (ii) to self-isolate for a period of 14 days following their arrival in the common travel area. Certain categories of person, including flight crew etc. are exempt from the requirements.

These Regulations also require people who arrive in England from another part of the United Kingdom, and who have arrived in the United Kingdom from outside the common travel area in the past 14 days, to self-isolate until 14 days after their arrival in the common travel area.

An impact assessment has not been produced for this instrument.