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Statutory Instruments

2020 No. 691

Public Health, England

Transport, England

The Health Protection (Coronavirus, International Travel and Public Health Information) (England) (Amendment) Regulations 2020

Made

at 1.30 p.m. on 6th July 2020

Laid before Parliament

at 5.00 p.m. on 6th July 2020

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45B, 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984(1).

Citation and commencement provision

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel and Public Health Information) (England) (Amendment) Regulations 2020.

(2) These Regulations, apart from regulations 3(a), 5(2) to (4), 7 and 9(1), come into force on 7th July 2020.

(3) Regulations 3(a), 5(2) to (4), 7 and 9(1) come into force on 10th July 2020.

Amendment of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 and transitional and saving provision

2.—(1) The Health Protection (Coronavirus, International Travel) (England) Regulations 2020(2) (“the principal Regulations”) are amended in accordance with regulations 3 to 9.

(2) In relation to any person who arrived in England on or after 8th June 2020 and before the coming into force of any amendment made by regulations 3 to 5 and 7 to 9, the principal Regulations apply as if that amendment had not been made.

(3) During the period beginning with 7th July 2020 and ending with 9th July 2020 the principal Regulations are to be read as if—

(a)any reference to a non-exempt country or territory in those Regulations were a reference to a country or territory outside the common travel area; and

(b)in paragraph 3(1)(aa) of Schedule 2 to those Regulations, the words “or from an exempt country or territory” were omitted.

Amendments to regulation 2

3.  In regulation 2—

(a)after the definition of “coronavirus disease” insert—

“exempt country or territory” means a country or territory specified in Schedule A1 and “non-exempt country or territory” means any other country or territory outside the common travel area;;

(b)at the end insert—

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

(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 country or territory..

Amendment to regulation 3

4.  For regulation 3(10) substitute—

(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..

Amendments to regulation 4

5.—(1) Regulation 4 is amended as follows.

(2) In paragraph (1)—

(a)in sub-paragraph (a), for “outside the common travel area” substitute “a non-exempt country or territory”;

(b)in sub-paragraph (b)—

(i)after “within the common travel area” insert “or from an exempt country or territory”,

(ii)for “been outside the common travel area” substitute “departed from or transited through a non-exempt country or territory”.

(3) In paragraph (3)(a)—

(a)in paragraph (i), for “described in paragraph (1)(a)” substitute “who has arrived from outside the common travel area”;

(b)in paragraph (ii), for “described in paragraph (1)(b)” substitute “who has arrived from within the common travel area”.

(4) In paragraph (7)(a), for “arrive in the common travel area” substitute “last departed from or transited through a non-exempt country or territory”.

(5) In paragraph (9)—

(a)in sub-paragraph (b), for the words from “any of the services” to the end substitute “services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical or health practitioners, including services relating to mental health”;

(b)after sub-paragraph (b) insert—

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

(6) In paragraph (13), after sub-paragraph (c) insert—

(ca)in paragraph 39 of Schedule 2—

(i)where P is 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)(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,.

Substitution of regulation 11

6.  For regulation 11 substitute—

Review of need for requirements

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..

Amendments to Schedule 1

7.—(1) Schedule 1 is amended as follows.

(2) In paragraph 2(a) and (b) at the end insert “(where required to comply with regulation 4)”.

(3) In paragraph 2(h) and (j)(ii) after “country” insert “or territory”.

(4) After paragraph 2(h) insert—

(ha)any other country or territory they have departed from or transited through in the period beginning with the 14th 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,.

Amendments to Schedule 2

8.—(1) Schedule 2 is amended as follows.

(2) In paragraph 3(1)—

(a)omit the “or” after paragraph (a),

(b)after paragraph (a) insert—

(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,

(c)in paragraph (b), after “Her Majesty’s Naval Service” insert “or by, or in support of, a visiting force”.

(3) In Part 2, before paragraph 5 insert—

4A.(1) A road passenger transport worker.

(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(3), 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(4).

4B.(1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 1995(5), 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.

(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(6),

(b)“the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14th June 2007 by the International Labour Organisation(7).

4C.  A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995(8), 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.

4D.  An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995(9), where they have travelled to the United Kingdom in the course of their work.

4E.  Crew, as defined in paragraph 1 of Schedule 1 to the Air Navigation Order 2016(10), where they have travelled to the United Kingdom in the course of their work.

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

(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(11),

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

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

(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)..

(4) In paragraph 6—

(a)in sub-paragraph (1), omit “or a road passenger transport worker”,

(b)omit sub-paragraph (2)(d) and (e) .

(5) Omit paragraphs 7, 8, 9 and 10.

(6) In paragraph 12—

(a)omit sub-paragraph (1)(a) and (c);

(b)omit sub-paragraph (2)(a);

(c)in sub-paragraph (2)(b) for “that Act” substitute “the Channel Tunnel Act 1987”(12).

(7) After paragraph 13 insert—

13A.(1) A government contractor who is contracted to undertake essential or emergency work outside of the United Kingdom, which is certified by the relevant Department as necessary to facilitate essential government work or the conduct of bilateral or multilateral discussions with another state or international organisation.

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

(8) After paragraph 17 insert—

17A.  Workers engaged in essential or emergency works on behalf of the Environment Agency relating to flood and coastal erosion risk management, within the meaning of the Flood and Water Management Act 2010.(13).

(9) In paragraph 24—

(a)in the opening words of sub-paragraph (1)—

(i)omit “undertaking, or”,

(ii)for “to commence” substitute “to undertake or commence within 14 days of their arrival”;

(b)in sub-paragraph (1)(a), for “offshore installations” substitute “an offshore installation”;

(c)in sub-paragraph (1)(c), for “offshore installations and wells that are being decommissioned or which are being” substitute “an offshore installation or well being decommissioned or”;

(d)in sub-paragraph (2)(a), for “installations” substitute “installation”;

(e)in sub-paragraph (2)(c), for “wells” substitute “well”.

(10) In paragraph 27, for “(including commissioning,” substitute “(including construction, commissioning, installation,”.

(11) In paragraph 29, for sub-paragraph (1) substitute—

(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..

(12) At the end insert—

39.(1) A domestic elite sportsperson, an international elite sportsperson, a domestic ancillary sportsperson or an international ancillary sportsperson.

(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)

is an elite sportsperson within the meaning of regulation 1 of the Health Protection (Coronavirus, Restrictions) (England) (No. 2) Regulations 2020(14),

(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 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 14th 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;

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

(3) For the purposes of the definition of “international elite sportsperson”, in 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—

(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.

40.(1) A person engaged in film and high end TV production.

(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(15), and

(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(16)..

Insertion of new Schedules

9.—(1) Before Schedule 1 insert—

Regulation 2

SCHEDULE A1Exempt countries and territories

PART 1Countries and territories

Andorra

Antigua and Barbuda

Aruba

Australia

Austria

The Bahamas

Barbados

Belgium

Bonaire, Sint Eustatius and Saba

Croatia

Curaçao

Cyprus

Czech Republic

Denmark

Dominica

Faroe Islands

Fiji

Finland

France

French Polynesia

Germany

Greece

Greenland

Grenada

Guadeloupe

Hong Kong

Hungary

Iceland

Italy

Jamaica

Japan

Liechtenstein

Lithuania

Luxembourg

Macau

Malta

Mauritius

Monaco

The Netherlands

New Caledonia

New Zealand

Norway

Poland

Réunion

Saint Barthélemy

Saint Kitts and Nevis

Saint Lucia

Saint Pierre and Miquelon

San Marino

Serbia

Seychelles

South Korea

Spain

Switzerland

Taiwan

Trinidad and Tobago

Turkey

Vatican City State

Vietnam

PART 2United Kingdom Overseas Territories

The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus

Anguilla

Bermuda

British Antarctic Territory

British Indian Ocean Territory

British Virgin Islands

Cayman Islands

Falkland Islands

Gibraltar

Montserrat

Pitcairn, Henderson, Ducie and Oeno Islands

Saint Helena, Ascension and Tristan da Cunha

South Georgia and the South Sandwich Islands

Turks and Caicos Islands.

(2) After Schedule 2 insert—

Schedule 2 paragraph 39(2)

SCHEDULE 3Specified competitions

World Snooker Championship

Professional Darts Corporation Summer Series

Betfred World Matchplay Darts

UEFA Champions League and Europa League fixtures

Formula One Pirelli British Grand Prix

Emirates Formula One 70th Anniversary Grand Prix

Test Cricket matches

Professional Golfers’ Association Betfred British Masters Championship

European Tour Golf – English Open

European Tour Golf – English Championship

European Tour Golf – United Kingdom Championship

BMW Professional Golfers’ Association Championship

Moët & Chandon July Festival horse-racing

QIPCO King George Diamond Weekend horse-racing

Qatar Goodwood Festival horse-racing

Yorkshire Ebor Festival horse-racing

Betfred Super League Rugby Football League fixtures

Rugby Football Union international fixtures

Olympic, Paralympic and Commonwealth Games Qualification Events

European Tour Golf – Celtic Classic

European Tour Golf – Wales Open

European Tour Golf – Aberdeen Standard Investments Ladies Scottish Open

European Tour Golf – Women’s British Open

European Tour Golf – Alfred Dunhill Links Championship

European Tour Golf – Aberdeen Standard Investments Scottish Open.

Amendment of the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) Regulations 2020

10.—(1) The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) Regulations 2020(17) are amended in accordance with paragraph (2).

(2) For regulation 9, substitute—

Review of need for requirements

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

Signed by the authority of the Secretary of State for Health and Social Care.

Matt Hancock

Secretary of State,

Department of Health and Social Care

6th July 2020 at 1.30 p.m.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the International Travel Regulations”) and the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) Regulations 2020 (“the Information Regulations”).

They exempt persons arriving in England from the requirement in regulation 4 of the International Travel Regulations to self-isolate if, during the 14 days preceding their arrival, they have only departed from or transited through “exempt countries or territories”. They also add to the categories of information to be provided on arrival and the categories of persons who are otherwise exempt from the requirements in regulations 3 and 4 of those Regulations.

Regulations 6 and 10 change the frequency with which the Secretary of State is required to review the need for the requirements under the International Travel Regulations and the Information Regulations from at least every 21 days to at least every 28 days.

An impact assessment has not been produced for this instrument. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.

(1)

1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

(3)

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

(4)

1981 c. 14. Section 1 was amended by section 139(3) of the Transport Act 1985 (c. 67).

(5)

1995 c. 21. There are amendments to section 313(1) but none is relevant.

(6)

Cm. 7049. ISBN 978 010 1889 766.

(7)

Cm. 7375.

(8)

Schedule 3A was inserted by Schedule 1 to the Marine Safety Act 2003 (c. 16).

(9)

There are amendments to section 256 but none is relevant.

(10)

S.I. 2016/765. There are amendments to Schedule 1 but none is relevant.

(15)

1985 c. 21; Schedule 1 was substituted by the Finance Act 2006 (c. 25) and has been subject to a large number of amendments by the Corporation Tax Act 2009 (c. 4) and S.I. 2006/643, 2006/3430, 2012/1809, 2015/86 and 2018/1105.

(16)

Part 15A was inserted by paragraph 1 of Schedule 1 to the Finance Act 2013 (c.39).