The Health Protection (Coronavirus, International Travel and Information for Passengers) (England) (Amendment) Regulations 2021

Statutory Instruments

2021 No. 252

Public Health, England

Transport, England

The Health Protection (Coronavirus, International Travel and Information for Passengers) (England) (Amendment) Regulations 2021

Made

5th March 2021

Coming into force in accordance with regulation 1

Laid before Parliament

8th March 2021

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, commencement, extent and application

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel and Information for Passengers) (England) (Amendment) Regulations 2021.

(2) Subject to paragraph (3), these Regulations come into force at 4.00 a.m. on 8th March 2021.

(3) Regulations 2 to 5 come into force at 4.00 a.m. on 9th March 2021.

(4) These Regulations extend to England and Wales and apply in relation to England only.

Amendment of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020

2.  The Health Protection (Coronavirus, International Travel) (England) Regulations 2020(2) are amended in accordance with regulations 3 to 5.

Amendment of Schedule 2 (persons not required to comply with regulation 3 or 4)

3.  In Schedule 2, for paragraph 4E substitute—

“4E.— (1) A member of aircraft crew where they have travelled to the United Kingdom in the course of their work or are otherwise required to travel to the United Kingdom for work purposes.

(2) For the purposes of this paragraph—

(a) “member of aircraft crew” means a person who—

(i) acts as a pilot, flight navigator, flight engineer or flight radiotelephony operator of the aircraft,

(ii) is carried on the flight deck and is appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew under article 114(2) of the Air Navigation Order 2016(3) or any provision of EU-OPS, or

(iii) is carried on the flight for the purpose of performing duties to be assigned by the operator or the pilot in command of the aircraft in the interests of the safety of passengers or of the aircraft;

(b) travel for work purposes includes, in particular—

(i) where the member of aircraft crew resides outside the United Kingdom, travelling to the United Kingdom to work on an aircraft departing from the United Kingdom,

(ii) travelling to attend work-related training in the United Kingdom,

(iii) returning to the United Kingdom following work-related training outside the United Kingdom;

(c) “EU-OPS” has the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016.”.

Amendment of Schedule 2B (testing before arrival in England)

4.  In Schedule 2B, omit paragraph 3(1)(e).

Amendment of Schedule 3 (specified competitions)

5.  In Schedule 3—

(a) omit the following entries—

(i) “World Snooker Tour – Shoot Out”;

(ii) “British Judo – British Closed Senior Invitational Competition”;

(iii) “Professional Darts Corporation - Ladbrokes Masters”;

(iv) “World Snooker Tour - German Masters”;

(v) “World Snooker Tour - Players Championship”;

(vi) “World Snooker Tour - Welsh Open”;

(vii) “Betfair Ascot Chase Day horse-racing”;

(viii) “Bolton Indoor ITF Wheelchair Tennis events”;

(ix) “FIG Gymnastics World Cup”;

(x) “Grand National Trial Day horse-racing”;

(xi) “Matchroom - Superstars of Gymnastics”;

(xii) “Matchroom - World Ping Pong Masters”;

(xiii) “Professional Darts Corporation - Q School”;

(b) at the end insert—

• “British Athletics - 20km Race Walk Olympic Trial

• British Wrestling - Home Nations Invitational Tournament

• LTA Loughborough Indoor Wheelchair Tennis Tournament

• FIA World Endurance Championship Prologue and Round 1 Silverstone

• British Para Athletics Sprint Meet

• Motorsport UK - HSCC Formula 2 Championship Masters Historic Race Weekend

• Motorsport UK - British Superkart Championship and Support Series

• Motorsport UK - British Truck Racing Championship

• British Equestrian - International Dressage Events

• British Para Swimming International Meet

• Cage Warriors 121

• Badminton Horse Trials

• European Tour - Betfred British Masters

• Motorsport UK - GT World Challenge Europe Sprint Cup and Support Series

• Motorsport UK - Donington Historic Festival

• Motorsport UK - British Touring Car Championship and Support Series

• Motorsport UK - Ferrari Challenge UK and Support

• Motorsport UK - British GT Championship and Support Series / Porsche Sprint Challenge GB and Support Series

• Motorsport UK - Master Historic F1 / Sports Cars and Support Series

• Motorsport UK - FIA Main Event 2021 and Support Series

• England Hockey Pro League

• FIM Speedway Grand Prix World Championship - Qualifying Round

• Royal Windsor Horse Show

• Bolesworth International Horse Show

• British Speedway Premiership, Championship and National Development Leagues

• The 2020 UEFA European Football Championship”.

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

6.  The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) Regulations 2020(4) are amended in accordance with regulations 7 to 13.

Amendment of title and regulation 1

7.  In both the title to the Regulations and regulation 1(1), for “(Coronavirus, Public Health Information for Passengers Travelling to England)” substitute “(Coronavirus, Public Health Information for International Passengers) (England)”.

Amendment of regulation 2 (interpretation)

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

(2) In the definition of “authorised person”, in sub-paragraphs (a), (b) and (c), after “arriving” insert “or departing”.

(3) For the definition of “operator” substitute—

““operator” means operator of a relevant service, except—

(a)

in regulations 3(7), 3(9), 3(9A), 6 and 7, where it means operator of a relevant service or relevant outbound service,

(b)

in the definition of “outbound operator”;”.

(4) After the definition of “operator” insert—

““the outbound information requirement” means the requirement in regulation 3(2A);

“outbound operator” means operator of a relevant outbound service;”.

(5) After the definition of “port” insert—

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

Amendment of regulation 3 (information requirement)

9.—(1) Regulation 3 is amended as follows.

(2) After paragraph (2) insert—

“(2A) Subject to the following provisions of this regulation, an outbound operator must ensure that a passenger who departs from a port on a relevant outbound service at a relevant time has been provided with the information required by regulation 4 and in the manner required by that regulation at each of the times specified in paragraph (2B).

(2B) The times are—

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

(b) where, at least 48 hours prior to the scheduled departure time of the relevant outbound service, a booking was made for the passenger to travel on it, at least 24 hours prior to the scheduled departure time of that service.

(2C) Paragraph (2A) does not apply in relation to a passenger who arrives in England on a relevant service and later departs from England on a relevant outbound service if both journeys are part of the same booking.”.

(3) After paragraph (4) insert—

“(4A) Paragraph (2B) applies only if the booking was made—

(a) after that provision comes into force; and

(b) at a relevant time.”.

(4) After paragraph (6) insert—

“(6A) In relation to a booking on a relevant outbound service—

(a) paragraphs (5) and (5A) apply as if a reference in those paragraphs to—

(i) “the relevant service” was to “the relevant outbound service”; and

(ii) “the information requirement” was to “the outbound information requirement”;

(b) paragraph (5) applies as if the reference, in that paragraph, to paragraph (2)(a) was to paragraph (2B)(a);

(c) paragraph (5A) applies as if—

(i) the reference, in that paragraph, to paragraph (2)(aa) was to paragraph (2B)(b); and

(ii) for “between 24 and 48 hours” there was substituted “at least 24 hours”.”.

(5) In paragraph (7), after “the information requirement” insert “or outbound information requirement”.

(6) In paragraph (9), after “or (b),” insert “or (2B)(a) or (b),”.

(7) In paragraph (9A), after “the information requirement” insert “or outbound information requirement”.

(8) In paragraph (10), after the definition of “exemption period” insert—

““relevant time” means a time when paragraph 2A(1) (requirement to carry travel declaration) of Schedule 3A to the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020(5) is in force.”.

Amendment of regulation 4 (required information and manner)

10.  In regulation 4, after paragraph (4) insert—

“(4A) For the purposes of regulation 3(2B)(a), the required information—

(a) must be displayed prominently on the outbound operator’s website or mobile application,

(b) is the information specified in Part 3 of the Schedule and a hyperlink to www.gov.uk/guidance/coronavirus-covid-19-declaration-form-for-international-travel.

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

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

(b) where provided by email, is the information specified in Part 3 of the Schedule and a hyperlink to www.gov.uk/guidance/coronavirus-covid-19-declaration-form-for-international-travel,

(c) where provided orally, is the information specified in Part 3 of the Schedule,

(d) where provided by push notification or text message, is the information specified in Part 4 of the Schedule.”.

Amendment of regulation 6 (records and information)

11.  In regulation 6—

(a) in paragraph (1), after “the information requirement” insert “and outbound information requirement”;

(b) in paragraph (2), for “the information requirement has” substitute “the information requirement and the outbound information requirement have”.

Amendment of regulation 9 (review of need for requirements)

12.  In regulation 9, after “the information requirement” insert “and outbound information requirement”.

Amendment of the Schedule (specified information for the purposes of regulation 4)

13.  In the Schedule, after Part 2 insert—

“PART 3

The specified information is—

• “National travel restrictions - You can only travel for essential reasons

• Whilst national restrictions are in place, you can only travel internationally from England for legally permitted reasons. This does not include holidays.

• You must complete a travel declaration form and carry it with you along with any evidence supporting the reason for your trip.

• You may be required to show the form at the port of departure. It is an offence to enter a port of departure or embarkation point without a properly completed form if you are travelling internationally. Some job related exemptions apply. You may be issued with a Fixed Penalty Notice and directed to return home if you do not have a valid reason for travel.”

PART 4

The specified information is—

• “International travel from England is restricted - only travel if you have a legally permitted reason. You must carry a declaration form. Penalties apply.””.

Transitional and saving provision

14.  A reference in any legislation to the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) Regulations 2020 is to be treated as a reference to the Health Protection (Coronavirus, Public Health Information for International Passengers) (England) Regulations 2020.

Signed by authority of the Secretary of State for Transport

Robert Courts

Parliamentary Under Secretary of State

Department for Transport

5th March 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (S.I. 2020/568) to—

(a) expand the definition of aircraft crew in Schedule 2, which is relevant to exemptions from the requirements imposed by those Regulations, to include additional personnel carried on aircraft;

(b) remove a specific exemption in Schedule 2B for those personnel, which is redundant following the above change;

(c) update the list of specified competitions in Schedule 3, which is relevant to the exemptions for sportspersons.

The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) Regulations 2020 (S.I. 2020/567) are amended to impose a new requirement on the operators of commercial transport services departing from England to a place outside the common travel area. Such operators will be required to provide information to passengers about the current restrictions on movement before their departure. Additionally, as the scope of those Regulations is being widened, its title is amended to the Health Protection (Coronavirus, Public Health Information for International Passengers) (England) Regulations 2020.

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).

(2)

S.I. 2020/568, amended by S.I. 2020/691, 724, 799, 805, 813, 819, 841, 866, 890, 913, 959, 980, 1013, 1039, 1070, 1076, 1094, 1129, 1161, 1190, 1227, 1238, 1277, 1292, 1323, 1337, 1360, 1424, 1517, 1595, 2021/18, 25, 38, 47, 49, 68, 98, 137, 150, 166 and 223.

(3)

S.I. 2016/765.

(4)

S.I. 2020/567, amended by S.I. 2020/691, 1090, 1517, 2021/68 and 150.

(5)

S.I. 2020/1374. Paragraph 2A was inserted by S.I. 2021/247. There are other amendments not relevant to these Regulations.