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The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

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Statutory Instruments

2021 No. 582

Public Health, England

The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

Made

at 10.32 a.m. on 14th May 2021

Laid before Parliament

at 2.30 p.m. on 14th May 2021

Coming into force

at 4.00 a.m. on 17th May 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 F1.

F11984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

PART 1E+WIntroductory

Citation, commencement, extent and applicationE+W

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021.

(2) These Regulations come into force at 4.00 a.m. on 17th May 2021.

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

Commencement Information

I1Reg. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Interpretation and introduction of Schedules 1 to 4E+W

2.—(1) In these Regulations—

category 1 arrival” means person who has arrived in England from a category 1 country or territory, and has not been in a category 2 country or territory or a category 3 country or territory in the period beginning with the 10th day before the date of their arrival in England;

category 1 country or territory” means a country or territory, or part of a country or territory, specified in Schedule 1 F2;

category 2 country or territory” means a country or territory or part of a country or territory specified in Schedule 2 F3;

category 3 country or territory” means a country or territory or part of a country or territory specified in Schedule 3 F4;

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 F5;

[F6“the Conference of the Parties” means, except in relation to the Kyoto Protocol and the Paris Agreement, the Conference of the Parties to the United Nations Framework Convention on Climate Change;]

[F6“the COP” means the conference convened by the Conference of the Parties, comprising—

(a)

the 26th session of the Conference of the Parties,

(b)

the 16th session of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol,

(c)

the third session of the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement, and

(d)

all related pre-sessional meetings, sessions of subsidiary bodies and additional meetings, convened in the United Kingdom;]

[F6“the COP World Leaders summit event” means—

(a)

the event organised by Her Majesty’s Government between 1st and 2nd November 2021 in connection with the COP, or

(b)

a meeting, connected to the event described in sub-paragraph (a), between representatives of States, foreign territories or organisations which are represented at the event;]

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);

[F7“COVID-19 vaccination eligibility criteria” means the conditions in any of regulations 3C to 3H;]

[F8“cruise ship” means a vessel, certified to carry more than 200 passengers, engaged on a voyage primarily for leisure or recreation during which passengers stay overnight on board for at least two nights;]

designated port” means a port designated for the purposes of Schedule 11;

device” means an in vitro diagnostic medical device within the meaning given in regulation 2(1) of the Medical Devices Regulations 2002 F9;

disability” has the meaning given in the Equality Act 2010 F10 (see section 6 of, and Schedule 1 to, that Act);

F11...

[F12“eligible traveller” has the meaning given in regulation 3B;]

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 F13;

[F14“the Kyoto Protocol” means the Protocol to the United Nations Framework Convention on Climate Change signed in Kyoto on 11th December 1997;]

managed self-isolation package” has the meaning given in paragraph 8 of Schedule 11;

“operator” except [F15where the context otherwise requires], means an operator of a relevant service;

[F16“the Paris Agreement” means the agreement adopted at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change, signed in Paris on 12th December 2015;]

passenger” means a person travelling on a conveyance who is not a member of the conveyance's crew;

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 F17;

“port”, except where the context otherwise requires, means—

(a)

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

(b)

a place which is an authorised terminal control point for international services for the purposes of sections 11 and 12 of the Channel Tunnel Act 1987 F18;

qualifying test” means a test that is a qualifying test for the purposes of regulation 4;

[F19relevant service” means a commercial transport service on which passengers travel to England from outside the common travel area on a vessel, aircraft or train;]

Schedule 11 passenger” means a passenger to whom Schedule 11 (additional measures applicable to arrivals from category 3 countries or territories) applies;

self-isolate” has the meaning given in regulation 9(2), and “self-isolation” and “self-isolating” are to be construed accordingly;

the Self-Isolation Regulations” means the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 F20;

sensitivity”, in relation to a device, means how often the device correctly generates a positive result;

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

specificity”, in relation to a device, means how often the device correctly generates a negative result;

tunnel system” has the meaning given in section 1(7) of the Channel Tunnel Act 1987;

[F21“United Nations Framework Convention on Climate Change” means the United Nations Framework Convention on Climate Change adopted in New York on 9th May 1992.]

(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 F22.

(3) For the purposes of these Regulations, a person (“P”) is not treated as departing from or transiting through a country or territory, or part of a country or territory, if P arrives in and leaves that country, territory of part thereof by air, rail or sea and at all times whilst there—

(a)remains on the aircraft or vessel upon which P arrived and no other passenger is permitted to be taken on board; or

(b)remains on the train upon which P arrived and no other passenger is permitted to be taken on board the carriage in which P is travelling; or

(c)is kept separated from passengers who did not arrive on the same aircraft, train or vessel as P, and no such passengers are permitted to be taken on board the aircraft, train or vessel on which P leaves that country, territory, or part.

(4) For the purposes of these Regulations a person is not treated as having been in a country or territory if—

(a)the person has only been on a vessel which has been in the territorial waters of that country or territory;

(b)the person did not disembark from that vessel while it was in the territorial waters of that country or territory;

(c)that vessel did not moor at a port in that country or territory; and

(d)no passenger was permitted to be taken on board that vessel while it was in the territorial waters of that country or territory.

(5) Schedule 4 (exemptions) describes categories of person who are exempt from certain requirements in accordance with these Regulations.

[F23(6) Schedule 4A contains provisions relating to the COP and the COP World Leaders summit event, and these Regulations are to be read subject to the specific provisions of Schedule 4A.]

F2Category 1 countries and territories are referred to colloquially and in guidance as “Green List” countries and territories.

F3Category 2 countries and territories are referred to colloquially and in guidance as “Amber List” countries and territories.

F4Category 3 countries and territories are referred to colloquially and in guidance as “Red List” countries and territories.

F51971 c. 77; section 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”.

F13Paragraph 1 was amended by paragraph 3 of Schedule 3 to the Health Protection Agency Act 2004 (c. 17), and by S.I. 1993/1813.

F17The 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.

Commencement Information

I2Reg. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Exemptions for vaccinated travellers and othersE+W

F242A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25PART 1AE+WRequirement to complete passenger locator form]

Requirement on passengers to provide informationE+W

3.—(1) A person who arrives in England from a country or territory outside the common travel area must, subject to paragraph (2), provide on the Passenger Locator Form the information set out in Schedule 6 (“passenger information”) on their arrival.

(2) A person who presents at immigration control at the Channel Tunnel shuttle terminal area in France F26, 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 in a country or territory outside the common travel area at any time in the period beginning with the 10th 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 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, specifying—

(a)in the case of a person who is required to comply with regulation 9 (category 2 and category 3 arrivals), 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 10 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).

[F27(6) A person described in paragraph (1) to (3), or who has an obligation under paragraph (5), is treated as having complied with those paragraphs (as applicable) if they provide the specified passenger information on the Passenger Locator Form—

(a)in the case of a person arriving in England on a cruise ship, in the 21 days before they are required to provide the information, or

(b)in any other case, in the 48 hours before they are required to provide the information.]

(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 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.

(10) Subject to [F28paragraphs (11) and (12)] [F29the] following are not required to comply with this regulation—

(a)a person described in regulation 9(14);

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

[F30(bza)a category 1 arrival who would have been a person described in paragraph 2 or 4 of Schedule 4 if that person had arrived from a category 2 country or territory;]

[F31(ba)a member of the family forming part of the household of a person falling within paragraph 1(2A) of Schedule 4;]

(c)a person described in any of paragraphs 5 to 10 of Schedule 4 who meets the condition in paragraph 11 of that Schedule;

[F32(ca)a person described in paragraph 12A of Schedule 4;]

(d)a person described in paragraph 15 of Schedule 4 [F33;]

[F34(e)a person described in paragraph 46 of Schedule 4.]

(11) Notwithstanding paragraph (10), a person is required to comply with this regulation if they—

(a)are a person described in paragraph (10), other than a person described in paragraph [F351(1), 1(2), 1(2A) [F36, 12A] or 46 of Schedule 4 or sub-paragraph (ba) of paragraph (10)]; and

(b)have, at any time in the period beginning with the 10th day before the date of their arrival in England, departed from or transited through a category 3 country or territory.

F37(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26Article 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.

Commencement Information

I3Reg. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F38PART 1BE+WAdditional requirements for eligible travellers

Interpretation of PartE+W

3A.(1) For the purposes of this Part—

(a)a child is to be treated as making a declaration on a Passenger Locator Form, and providing any proof required, if that declaration is made, and the proof provided, by a person who is travelling with and has responsibility for that child;

(b)a person is not treated as having been in a country or territory if that person would not be treated as having departed from or transited through that country or territory by virtue of regulation 2(3).

(2) In this Part—

“authorised vaccine” means a medicinal product for vaccination against coronavirus—

(a)

in relation to doses received in the United Kingdom, authorised—

(i)

for supply in the United Kingdom in accordance with a marketing authorisation, or

(ii)

by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012,

(b)

in relation to doses received in a relevant country listed in the table in paragraph (3), authorised for supply in that relevant country following evaluation by the regulator for the relevant country,

(c)

in relation to doses received in a relevant country listed in paragraph (4), which would be authorised as provided for in paragraph (a)(i) or (ii) if the doses were received in the United Kingdom;

“clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004;

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

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

“the licensing authority” has the meaning given in regulation 6(2) (the licensing authority and the Ministers) of the Human Medicines Regulations 2012;

“marketing authorisation”—

(a)

in relation to a vaccine authorised for supply in the United Kingdom or in a member State, has the meaning given in regulation 8(1) (general interpretation) of the Human Medicines Regulations 2012,

(b)

in relation to a vaccine authorised for supply in a relevant country listed in the table in paragraph (3) other than a member State, means a marketing authorisation granted by the relevant regulator for the country;

“medicinal product” has the meaning given in regulation 2 (medicinal products) of the Human Medicines Regulations 2012;

“NHS COVID pass” means the COVID-19 records on the NHS smartphone app developed and operated by the Secretary of State, through the website at NHS.uk or a COVID-19 post-vaccination letter obtained from the NHS;

“NHS” means the health service continued under section 1(1) of the National Health Service Act 2006;

“NHS Scotland” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978;

“NHS Wales” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006;

“relevant country” means a country or territory listed in the first column of the table in paragraph (3) or a country or territory listed in paragraph (4);

“regulator”, in relation to a relevant country listed in the table in paragraph (3), means the regulator identified in the corresponding row of the second column of the table in that paragraph, and a reference to a regulator in that table is a reference to the regulatory authority of that name designated as a Stringent Regulatory Authority by the World Health Organization pursuant to the operation of the COVAX Facility;

“United Kingdom vaccine roll-out overseas” means the administration of vaccination against coronavirus to—

(a)

Crown servants, government contractors or other personnel posted or based overseas and their dependants under the scheme known as the Foreign, Commonwealth and Development Office staff COVID-19 vaccination programme;

(b)

residents of the British overseas territories, the Channel Islands and the Isle of Man, as part of a programme agreed in the overseas territory, any of the Channel Islands, or the Isle of Man with the United Kingdom government; or

(c)

military or civilian personnel, government contractors and their dependants at a military posting overseas, including the British overseas territories, the Channel Islands and the Isle of Man, under the vaccination scheme provided or approved by the UK Defence Medical Services.

(3) The table referred to in paragraph (2) is—

Relevant countryRegulator
A member StateEuropean Medicines Agency
AndorraEuropean Medicines Agency
IcelandEuropean Medicines Agency
LiechtensteinEuropean Medicines Agency
MonacoEuropean Medicines Agency
NorwayEuropean Medicines Agency
San MarinoEuropean Medicines Agency
The Vatican City StateEuropean Medicines Agency
SwitzerlandSwissmedic
The United States of AmericaUnited States Food and Drug Administration
AustraliaThe Therapeutic Goods Administration
CanadaHealth Canada

(4) The countries and territories referred to in the definitions of “relevant country” and “authorised vaccine” are—

  • [F39Albania]

  • Antigua and Barbuda

  • [F39Bahamas]

  • Bahrain

  • [F39Bangladesh]

  • Barbados

  • [F39Bosnia and Herzegovina]

  • [F39Brazil]

  • Brunei

  • [F39Chile]

  • [F39Colombia]

  • Dominica

  • [F39Egypt]

  • [F39Georgia]

  • [F39Ghana]

  • [F39Grenada]

  • [F39Hong Kong]

  • [F39India]

  • [F39Indonesia]

  • Israel

  • [F39Jamaica]

  • Japan

  • [F39Jordan]

  • [F39Kenya]

  • [F39Kosovo]

  • Kuwait

  • Malaysia

  • [F39Maldives]

  • [F39Moldova]

  • [F39Montenegro]

  • [F39Morocco]

  • [F39Namibia]

  • New Zealand

  • [F39Nigeria]

  • [F39North Macedonia]

  • [F39Oman]

  • [F39Pakistan]

  • [F39The Philippines]

  • Qatar

  • Saudi Arabia

  • [F39Serbia]

  • Singapore

  • [F39South Africa]

  • South Korea

  • [F39St Kitts and Nevis]

  • [F39St Lucia]

  • [F39St Vincent and the Grenadines]

  • Taiwan

  • [F39Thailand]

  • [F39Turkey]

  • [F39Ukraine]

  • United Arab Emirates.

  • [F39Vietnam]

[F40(5) Where a course of doses of an authorised vaccine has been administered to a person (“P”) by a person acting on behalf of the United Nations and authorised to administer the vaccination in that capacity, P is to be treated as if they have received those doses in a relevant country listed in paragraph (4), and any reference to doses received in a relevant country, or to the competent health authority of a relevant country in these Regulations is to be construed as including doses administered by a person acting on behalf of the United Nations.]

Eligible travellersE+W

3B.(1) A person (“P”) is an eligible traveller if—

(a)in the period beginning with the 10th day before the date of P’s arrival in England P has not been in a category 3 country or territory; and

(b)P meets the conditions of any of regulations 3C to 3H.

F41(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Eligible travellers: vaccination conditionsE+W

3C.(1) P meets the conditions of this regulation if P—

(a)has completed a course of doses of an authorised vaccine with the final dose having been received before the start of the period beginning with the 14th day before the date of their arrival in England;

(b)received that course of doses in the United Kingdom or a relevant country;

(c)if the course of doses was received in the United States of America, is ordinarily resident in the United States of America [F42unless P is able to provide proof through the NHS COVID pass];

(d)is able to provide proof if required by an immigration officer or the operator of the relevant service on which P travels to England of meeting the requirement in sub-paragraph (a) through—

(i)the NHS COVID pass, or equivalent from NHS Scotland, NHS Wales or the Department of Health in Northern Ireland,

(ii)the EU Digital COVID Certificate,

(iii)the Centers for Disease Control and Prevention vaccination card, or

(iv)a vaccine certificate;

(e)is able to provide proof if required by an immigration officer or the operator of the relevant service on which P travels to England of meeting the requirement in sub-paragraph (c); and

(f)[F43Except where P is a person described in regulation 3(10) (person not required to comply with regulation 3),] has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria.

(2) For the purposes of this regulation—

(a)P has completed a course of doses if P has received the complete course of doses specified—

(i)in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

(ii)in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 (supply in response to spread of pathogenic agents etc) of the Human Medicines Regulations 2012 for the authorised vaccine;

(b)if P has received a dose of one authorised vaccine and a dose of a different authorised vaccine, P is deemed to have completed a course of doses of an authorised vaccine.

(3) For the purposes of this regulation “vaccine certificate” means a certificate in English, French or Spanish issued by the competent health authority of a relevant country [F44, other than a European country listed in the table in regulation 3A(3) or the United States of America,] which contains—

(a)P’s full name;

(b)P’s date of birth;

(c)the name and manufacturer of the vaccine that P received;

(d)the date that P received each dose of the vaccine;

(e)details of either the identity of the issuer of the certificate or the country of vaccination, or both.

Eligible travellers: UK clinical trial conditionsE+W

3D.  P meets the conditions of this regulation if P—

(a)has participated, or is participating, in a clinical trial of a vaccine for vaccination against coronavirus carried out in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004;

(b)is able to provide proof of such participation if required by an immigration officer or the operator of the relevant service on which P travels to England; and

(c)has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria.

Eligible travellers: US clinical trial conditionsE+W

3E.  P meets the conditions of this regulation if P—

(a)has participated, or is participating, in a clinical trial regulated in the United States of America by the Food and Drugs Administration of a vaccine for vaccination against coronavirus;

(b)if required by an immigration officer or the operator of the relevant service on which P travels to England, is able to provide proof of such participation through a vaccination card issued by the Centers for Disease Control and Prevention;

(c)has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria; and

(d)is ordinarily resident in the United States of America and is able to provide proof of that residence if required by an immigration officer or the operator of the relevant service on which P travels to England.

Eligible travellers: UK clinical exemption conditionsE+W

3F.  P meets the conditions of this regulation if P—

(a)has been advised by a registered medical practitioner that for clinical reasons P should not be vaccinated with an authorised vaccine;

(b)is able to provide proof of that advice through the NHS COVID pass if required by an immigration officer or the operator of the relevant service on which P travels to England; and

(c)has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria.

Eligible travellers: age and residence conditionsE+W

3G.  P meets the conditions of this regulation if P is—

(a)under the age of 18 years upon arrival in England; and

(b)ordinarily resident in the United Kingdom or a relevant country.

Eligible travellers: UK vaccine rollout overseas conditionsE+W

3H.(1) P meets the conditions of this regulation if P is either—

(a)a person who—

(i)has completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas, with the final dose having been received before the start of the period beginning with the 14th day before the date of their arrival in England,

(ii)is able to provide proof if required by an immigration officer or the operator of the relevant service on which P travels to England of meeting the condition in paragraph (i), and

(iii)has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria; or

(b)a dependant of a person of the description in any of paragraphs (a) to (c) of the definition of “United Kingdom vaccine roll-out overseas” and is under the age of 18 years upon arrival in England.

(2) For the purposes of this regulation—

(a)P has completed a course of doses of a vaccine if P has received the complete course of doses of the vaccine as specified in the manufacturer’s guidance for that vaccine;

(b)where P has received a dose of an authorised vaccine in the United Kingdom and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas;

(c)where P has received a dose of one vaccine under the United Kingdom vaccine roll-out overseas, and a dose of a different vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.

Testing requirements on eligible travellers (workers)E+W

3I.  An eligible traveller who, if they were not an eligible traveller, would be a person described in—

(a)regulation 5(3) is to be treated for the purposes of these Regulations as if regulation 5(4) (and, consequently, regulation 7 (requirement to undertake workforce tests)) applies to them;

(b)regulation 5(5) is to be treated for the purposes of these Regulations as if regulation 5(5) (and, consequently, regulation 8 (test requirements: offshore installation workers)) applies to them.

Testing requirements on eligible travellers (non-workers)E+W

3J.(1) [F45Except as provided in paragraph (9A),] this regulation applies to an eligible traveller (“P”), other than an eligible traveller described in regulation 3I, when P arrives in England.

(2) Where P is an adult, P must possess a booking for a day 2 test for themselves and for any child aged 5 or older with whom they are travelling and for whom they have responsibility.

(3) Where P is an adult who arrives without a booking required by paragraph (2), P must as soon as practicable make such a booking.

(4) Where P is a child aged 5 or older, who is unaccompanied by an adult who has responsibility for P, and who arrives without a booking for a day 2 test, the adult with responsibility for P must make a booking for a day 2 test as soon as practicable after P arrives.

(5) P must provide evidence of a booking for a day 2 test if requested by an immigration officer or a constable.

(6) Where P is an adult, and in England, they must undertake the day 2 test.

(7) Where P is a child aged 5 or older, and in England, the adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the day 2 test.

(8) Where P does not undertake a day 2 test as required by this regulation by reason of a reasonable excuse (see regulation 19(1)(c) and (4)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement day 2 test.

(9) Where a replacement day 2 test is undertaken instead of a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation.

[F46(9A) This regulation does not apply to P where P is—

(a)a person described in paragraph 1(1)(a) to (h) or (k) of Schedule 4 or a member of the family forming part of the household of such a person;

(b)a person described in paragraph 1(1)(i) or (j) (representatives of foreign countries or territories or British overseas territories) of Schedule 4 where the conditions in paragraph (9B) are met;

(c)a member of the family forming part of the household of a person to whom paragraph (b) applies, where—

(i)the conditions in paragraph (9B) are met in relation to the person to whom paragraph (b) applies,

(ii)the Foreign, Commonwealth and Development Office has been notified of P’s arrival, and

(iii)the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with this regulation;

(d)a person described in paragraph 1(2) (relevant international event attendees etc) of Schedule 4;

(e)a specified person travelling to the United Kingdom to conduct official business with the United Kingdom where—

(i)P has been invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs, and

(ii)prior to P’s departure to the United Kingdom the Foreign, Commonwealth and Development Office has confirmed in writing to P that they are travelling to the United Kingdom to conduct official business with the United Kingdom and are not required to comply with this regulation;

(f)a member of the family forming part of the household of a person to whom paragraph (e) applies where—

(i)the Foreign, Commonwealth and Development Office has been notified of P’s arrival, and

(ii)the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with this regulation;

(g)a person described in paragraph 12A of Schedule 4 (non-disembarking cruise passenger);

(h)a person described in paragraph 16(1)(a) or (b) (persons certified as returning from essential state business etc.) of Schedule 4 where the relevant Department has certified that P meets this description and is not required to comply with this regulation;

(i)a person described in paragraph 17 (essential or emergency work outside the United Kingdom) of Schedule 4 where the relevant Department has certified that P is not required to comply with this regulation;

(j)a person, other than a Schedule 11 passenger, who on arrival in the United Kingdom—

(i)passes through to Guernsey, Jersey or the Isle of Man without entering the United Kingdom; or

(ii)enters the United Kingdom for the sole purpose of continuing a journey to Guernsey, Jersey or the Isle of Man and—

(aa)remains within their port of entry until their departure from England, or

(bb)travels directly from their port of entry to another port of departure in England;

(k)an official of a foreign government within the meaning of paragraph 4 of Schedule 4 who is engaged pursuant to a binding bilateral or multilateral agreement concerning controls at St Pancras, Ebbsfleet, Cheriton, Ashford or Dover;

(l)a person of the description in regulation 9(14) (temporary arrival from Wales or Scotland).

(9B) The conditions specified in this paragraph are that, prior to P’s departure to the United Kingdom—

(a)the relevant head of the mission, consular post, or 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 the Foreign, Commonwealth and Development Office that P is required to undertake work in the United Kingdom 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

(b)the Foreign, Commonwealth and Development Office has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that—

(i)it has received that confirmation, and

(ii)P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with this regulation.

(9C) Where a word or expression is defined for the purposes of Schedule 4 and is used in paragraph (9A) or (9B) of this regulation, the same definition applies for the purposes of that paragraph.]

(10) In this regulation—

(a)“day 2 test” means a test for coronavirus which complies with paragraph 6 of Schedule 8 and is undertaken in circumstances described in paragraph 10 of that Schedule;

(b)“replacement day 2 test” means a test meeting the requirements of a day 2 test save as to the time at which that test is to be undertaken.

Self-isolation requirements on eligible travellersE+W

3K.(1) Where a person (“P”) is required by regulation 3J to undertake a day 2 test and—

(a)P fails to undertake a day 2 test before the end of the permitted period, paragraph (2) applies;

(b)P or, where P is a child, an adult with responsibility for P (“R”) receives notification that the day 2 test has generated—

(i)an inconclusive result, paragraph (3) applies;

(ii)a positive result, paragraph (4) applies.

(2) The Self-Isolation Regulations apply to P or, where P is a child, to R, as if—

(a)they had, immediately before the end of the permitted period, received notification from a relevant person under regulation 2A(1) of the Self-Isolation Regulations that P has tested positive for coronavirus,

(b)P’s period of self-isolation begins on deemed receipt of notification under sub-paragraph (a) and ends on the earlier of—

(i)the end of the 14th day after the day P arrived in England;

(ii)the time that P is notified of the result of a replacement day 2 test undertaken by P, and

(c)the requirements at regulation 2A(2)(b) and (3)(b) (notifying the relevant person of persons living in P’s household) were omitted.

(3) The Self-Isolation Regulations apply to P or, where P is a child, to R, as if—

(a)the notification of the inconclusive result were notification from a relevant person under regulation 2A(1) of the Self-Isolation Regulations that P has tested positive for coronavirus,

(b)P’s period of self-isolation begins on receipt of the notification of the inconclusive result and ends—

(i)if P does not undertake a replacement day 2 test, at the end of the 10th day after the day P undertook the day 2 test;

(ii)if P undertakes a replacement day 2 test which generates a negative result, on receipt of the negative result;

(iii)if P undertakes a replacement day 2 test which generates a positive result, at the end of the 10th day after the day P undertook the replacement day 2 test, and

(c)the requirements at regulation 2A(2)(b) and (3)(b) (notifying the relevant person of persons living in P’s household) were omitted.

(4) The Self-Isolation Regulations apply to P or, where P is a child, to R, as if the notification of the positive result were notification from a relevant person under regulation 2A(1) of those Regulations that P has tested positive for coronavirus.

(5) In this regulation—

(a)“the permitted period” means the period ending at the end of the second day after the day on which P arrived in England;

(b)“replacement day 2 test” has the meaning given in regulation 3J(10)(b).]

[F47PART 2E+WAdditional requirements on persons arriving in England who are not eligible travellers]

Requirement to possess notification of negative test resultE+W

4.—(1) A person who arrives in England having begun their journey outside the common travel area must possess on arrival valid notification of a negative result from a qualifying test taken by that person.

(2) A person who presents at immigration control at the Channel Tunnel shuttle terminal area in France, with the intention of boarding a shuttle service destined for the United Kingdom, must, on so presenting, possess valid notification of a negative result from a qualifying test taken by that person.

(3) A person who is travelling with a child aged 11 or over and for whom they have responsibility must—

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

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

possess valid notification of a negative result from a qualifying test taken by that child.

(4) A person who possesses valid notification of a negative result from a qualifying test must produce that notification, physically or digitally, if requested to do so by an immigration officer.

(5) A person must as soon as reasonably practicable undertake a test that complies with paragraph 1(a) of Schedule 7 if—

(a)the person requires leave to enter or remain in the United Kingdom;

(b)an immigration officer suspects the person has—

(i)evaded, or attempted to evade, immigration control, or

(ii)been arrested, detained or granted immigration bail by an immigration officer in accordance with the Immigration Acts;

(c)the person fails to produce valid notification of a negative result from a qualifying test when requested to do so by an immigration officer; and

(d)the immigration office requires the person to undertake such a test.

(6) The following persons are not required to comply with this regulation—

(a)a child who is under the age of 11;

(b)a person described in paragraph 2, 3, 4, [F485,] 6, [F496A,] 7, 8, 9, 10, [F5012A,] 13, 14, [F5115, 34 or 52] of Schedule 4 (exemptions);

[F52(ba)a category 1 arrival who would have been a person described in paragraph 2 or 4 of Schedule 4 if that person had arrived from a category 2 country or territory;]

(c)a person described in any sub-paragraph of paragraph 3(1) of Schedule 7 (testing before arrival in England).

[F53(d)an eligible traveller.]

(7) For the purposes of this regulation—

(a)a test is a qualifying test if it complies with paragraph 1 of Schedule 7;

(b)a notification of a negative result is valid if [F54

(i)it is provided through the EU Digital Covid Certificate, or

(ii)it includes the information specified in paragraph 2 of Schedule 7;]

(c)a child is to be treated as possessing valid notification of a negative result from a qualifying test taken by that child even if that notification is possessed by a person who is travelling with, and has responsibility for, that child.

Commencement Information

I4Reg. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Requirements relating to testsE+W

5.—(1) F55Except as provided in paragraph (6) ..., regulation 6 applies to a person who arrives in England who—

[F56(a)is a category 1 F57... arrival, other than—

(i)a person described in—

(aa)paragraph (4) or (5); or

(bb)paragraph 12 or 12A of Schedule 4 (exemptions for transit and non-disembarking cruise passengers), or

(ii)a person who—

(aa)arrives in England on a cruise ship, and

(bb)is due to depart from England on the same cruise ship within 48 hours of their arrival.]

(b)is required to self-isolate under—

(i)regulation 9 (requirement to self-isolate), or

(ii)Schedule 11 (additional measures applicable to arrivals from category 3 countries and territories);

(c)is not required to self-isolate under regulation 9 only by virtue of one or more of the following paragraphs of Schedule 4 (exemptions)—

(i)paragraph 1(1)(i) (representatives of foreign countries or territories on official business),

(ii)paragraph 1(1)(j) (representatives of government of British overseas territory),

[F58(iia)paragraph 1(2A) (specified persons on official business),]

(iii)paragraph 4 (foreign officials or contractors with border security duties), F59...

F60(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)paragraph 14 (civil aviation inspectors),

(vi)paragraph 16 (certain Crown Servants, persons certified as returning from essential state business etc.),

(vii)paragraph 17 (essential or emergency work outside the United Kingdom), or

(viii)paragraph 30 (postal operators);

(d)falls within the description in paragraph 44 (elite sportspersons and ancillary sportspersons) F61... of Schedule 4; or

(e)may temporarily cease to self-isolate by virtue of paragraph [F62(15)(f)(ii) or (15)(i) to (ie)] of regulation 9 and the following paragraphs of Schedule 4—

(i)paragraph 4 (foreign officials with border security duties), F63...

[F64(ia)paragraph 4A (essential foreign policing),]

F65(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)paragraph 14 (civil aviation inspectors),

(iv)paragraph 21 (water and sewerage workers),

(v)paragraph 22 (flood and coastal defence workers),

(vi)paragraph 23 (electricity workers),

(vii)paragraph 24 (nuclear power workers),

(viii)paragraph 25 (chemical weapons inspectors),

(ix)paragraph 26 (space workers),

(x)paragraph 28 (oil workers),

(xi)paragraph 29 (offshore oil and gas workers) unless paragraph (4) applies to the person,

(xii)paragraph 31 (specialist technical workers),

(xiii)paragraph 32 (specialist waste management workers),

(xiv)paragraph 35 (medicines inspectors),

(xv)paragraph 36 (clinical trial conductors),

(xvi)paragraph 37 (clinical investigators),

(xvii)paragraph 38 (medical and veterinary specialists),

(xviii)paragraph 39 (infrastructure workers), F66...

(xix)paragraph 40 (communications operation workers).

[F67(xixa)paragraph 41 (subsea telecommunications workers),]

[F68(xx)paragraph 42 (regular work abroad),

(xxi)paragraph 48 (senior executives), ]F69...

F70(xxii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F71(xxiii)paragraph 50 (performing arts professionals), or

(xxiv)paragraph 51 (film and high end TV production)].

(2) In paragraph (1)(b), the reference to persons required to self-isolate under regulation 9 does not include anyone who may temporarily cease to self-isolate by virtue of regulation 9(15)(f)(ii), (15)(g)(ii), or (15)(i) (and accordingly regulation 6 does not apply to such persons).

(3) Regulation 7 (requirement to undertake workforce tests) applies to a person who is not required to self-isolate under regulation 9 by virtue of any sub-paragraph of regulation 9(15) and the following paragraphs of Schedule 4, or who may temporarily cease to self-isolate or whose obligation to self-isolate under that regulation is otherwise modified by virtue of those provisions—

(a)paragraph 2 (UK officials with border security duties);

(b)paragraph 3 (officials involved in essential defence activities);

[F72(ba)paragraph 5 (road passenger transport workers);]

(c)paragraph 6 (seamen and masters) other than seamen and masters of fishing vessels within the meaning of the Merchant Shipping Act 1995 F73;

[F74(ca)paragraph 6A (ferry service workers);]

(d)paragraph 7 (pilots);

(e)paragraph 8 (inspectors and surveyors of ships);

(f)paragraph 9 (aircraft crew and pilots);

(g)paragraph 10 (international rail crew, passenger and freight operators);

(h)paragraph 13 (road haulage workers);

(i)paragraph 15 (Channel Tunnel system workers);

(j)paragraph 18 (repatriated prisoners);

(k)paragraph 19 (international prison escorts);

[F75(ka)paragraph 20 (foreign representative taking a person into custody);]

(l)paragraph 27 (aerospace engineers and aerospace workers);

(m)paragraph 34 (persons transporting human blood etc.); F76...

(n)paragraph 43 (seasonal agricultural workers) [F77;]

[F78(na)paragraph 43A (seasonal poultry workers);]

[F79(o)paragraph 45 (essential railway worker);]

[F80(p)paragraph 52 (haulier outreach workers).]

[F81(4) Regulation 7 also applies to—

(a)a category 1 arrival who would have been a person to whom paragraph (3) applied if that person had arrived from a category 2 country or territory; and

F82(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5) Regulation 8 (test requirements: offshore installation workers) applies to a worker who falls within the description in paragraph 29(1)(a) of Schedule 4 who arrives in England and is required to undertake or commence activities on an offshore installation, including critical safety work on an offshore installation [F83or to a category 1 arrival who would have been a person of that description if that person had arrived from a category 2 country or territory].

(6) Regulation 6 does not apply to a person (“P”) where P is—

(a)a person described in paragraph 1(1)(a) to (h) or (k) of Schedule 4 or a member of the family forming part of the household of such a person;

(b)a person described in paragraph 1(1)(i) or (j) (representatives of foreign countries or territories or British Overseas Territories) of Schedule 4 where the conditions in paragraph (7) of this regulation are met;

(c)a member of the family forming part of the household of a person to whom paragraph (b) applies, where—

(i)the conditions in paragraph (7) are met in relation to the person to whom paragraph (b) applies,

(ii)the Foreign, Commonwealth and Development Office has been notified of P's arrival, and

(iii)the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with regulation 6;

(d)F84..., a person described in paragraph 1(2) ([F85relevant international event] attendees etc) of Schedule 4;

[F86(da)a specified person travelling to the United Kingdom to conduct official business with the United Kingdom where—

(i)P has been invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs, and

(ii)prior to P’s departure to the United Kingdom the Foreign, Commonwealth and Development Office has confirmed in writing to P that they are travelling to the United Kingdom to conduct official business with the United Kingdom and are not required to comply with regulation 6;

(db)a member of the family forming part of the household of a person to whom paragraph (da) applies where—

(i)the Foreign, Commonwealth and Development Office has been notified of P’s arrival, and

(ii)the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with regulation 6;]

(e)a person described in paragraph 16(1)(a) or (b) (persons certified as returning from essential state business etc.) of Schedule 4 where the relevant Department has certified that P meets this description and is not required to comply with regulation 6;

(f)a person described in paragraph 17 (essential or emergency work outside the United Kingdom) of Schedule 4 where the relevant Department has certified that P is not required to comply with regulation 6.

F87( g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)a person, other than a Schedule 11 passenger, who on arrival in the United Kingdom—

(i)passes through to Guernsey, Jersey or the Isle of Man without entering the United Kingdom; or

(ii)enters the United Kingdom for the sole purpose of continuing a journey to Guernsey, Jersey or the Isle of Man and—

(aa)remains within their port of entry until their departure from England, or

(bb)travels directly from their port of entry to another port of departure in England.

[F88(i)an official of a foreign government within the meaning of paragraph 4 of Schedule 4 who is engaged pursuant to a binding bilateral or multilateral agreement concerning controls at St Pancras, Ebbsfleet, Cheriton, Ashford or Dover.]

[F89(j)an eligible traveller.]

(7) The conditions specified in this paragraph are that, prior to P's departure to the United Kingdom—

(a)the relevant head of the mission, consular post, or 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 the Foreign, Commonwealth and Development Office that P is required to undertake work in the United Kingdom 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

(b)the Foreign, Commonwealth and Development Office has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that—

(i)it has received that confirmation, and

(ii)P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 6.

F90(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where a word or expression is defined for the purposes of Schedule 4 and is used in paragraphs (6) or (7) of this regulation, the same definition applies for the purposes of those paragraphs.

Commencement Information

I5Reg. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Requirement to book and undertake testsE+W

6.—(1) This regulation applies to a person (“P”) specified in paragraph (1) of regulation 5 (requirements relating to tests) [F91(other than a person specified in paragraph (6) of that regulation)].

F92(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where P is an adult, P must on their arrival in England possess a testing package—

(a)for themselves; and

(b)for any child aged 5 or older with whom they are travelling and for whom they have responsibility.

(4) Where P is an adult who arrives in England without possessing a testing package required under paragraph (3), P must as soon as practicable obtain such a testing package.

(5) Where P is a child aged 5 or older, who is unaccompanied by an adult who has responsibility for P, and who arrives in England without possessing a testing package, an adult with responsibility for P must obtain a testing package as soon as practicable after P arrives in England.

(6) Subject to paragraph (7), where P [F93is in England and]

(a)is an adult, they must undertake the tests in accordance with their testing package;

(b)is a child, an adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the tests in accordance with the testing package.

(7) Where P's day 2 test generates a positive result, P is not required to undertake a day 8 test.

(8) Where P does not undertake a test as required by this regulation by reason of a reasonable excuse (see regulation 19(1)(c) and (4)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a test (“a replacement test”) complying with the requirements that apply to the test that was missed.

(9) Where a replacement test is undertaken instead of—

(a)a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation;

(b)a day 8 test, P is to be treated as if they had undertaken a day 8 test in accordance with this regulation.

(10) Schedule 8 (mandatory testing after arrival in England) makes further provision about day 2 and day 8 tests (including the consequences of testing).

(11) A person who possesses a testing package must provide evidence of it if requested by an immigration officer or a constable.

(12) In this regulation—

(a)day 2 test” means a test for coronavirus which complies with paragraph 6 of Schedule 8 and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(b)day 8 test” means a test for coronavirus which complies with paragraph 8 of Schedule 8 and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(c)testing package” means—

(i)where P is a person falling within regulation 5(1)(a) (arrivals from category 1 countries or territories F94...), a booking for a day 2 test,

[F95(ii)where P is a person falling within regulation 5(1)(b) to (e) (arrivals from category 2 and 3 countries or territories), a booking for a day 2 test and a day 8 test.]

Requirement to undertake workforce testsE+W

7.—(1) This regulation applies to a person (“P”), to whom regulation 5(3) or (4) applies.

(2) Subject to [F96paragraphs (7) and (10)]

(a)where P is a person to whom regulation 5(3) applies, P must undertake a workforce test for day 2, day 5 and day 8 in accordance with paragraph (6) in relation to each category of test;

(b)where P is a person to whom regulation 5(4) applies, P must undertake a workforce test for day 2 in accordance with paragraph (6)(c).

(3) Where P does not undertake a workforce test as required by this regulation by reason of a reasonable excuse (see regulation 19(1)(d) and (5)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement workforce test.

(4) Where a replacement workforce test is undertaken instead of—

(a)a workforce test to be undertaken for day 2, P is to be treated as if they had undertaken a workforce test on day 2 in accordance with this regulation;

(b)a workforce test to be undertaken for day 5, P is to be treated as if they had undertaken a workforce test on day 5 in accordance with this regulation;

(c)a workforce test to be undertaken for day 8, P is to be treated as if they had undertaken a workforce test on day 8 in accordance with this regulation.

(5) Schedule 9 (workforce tests) makes further provision about workforce tests (including the consequences of testing).

(6) In these Regulations—

(a)a replacement workforce test” means a workforce test complying with the requirements that apply to the workforce test that was missed;

(b)a workforce test” means a test for the detection of coronavirus which is provided or administered under the National Health Service Act 2006 F97;

(c)a workforce test undertaken for day 2” means a test which is undertaken no later than the end of the second day after the day on which P arrived in England;

(d)a workforce test undertaken for day 5” means a workforce test which—

(i)is undertaken after a workforce test for day 2,

(ii)is undertaken no earlier than the end of the second day after the day on which P arrived in England, and

(iii)is undertaken before the end of the fifth day after the day on which P arrived in England;

(e)a workforce test undertaken for day 8” means a workforce test which—

(i)is undertaken after a workforce test undertaken for day 5,

(ii)is undertaken no earlier than the end of the fourth day after the day on which P arrived in England, and

(iii)is undertaken before the end of the eighth day after the day on which P arrived in England.

(7) For any period during which P is a recurring work traveller, paragraph (2) does not apply and paragraph (9) applies to P instead.

(8) P is a “recurring work traveller” where—

(a)P is undertaking work that requires P to enter and leave England on a daily basis, or at intervals of no greater than two days, and is entering and leaving accordingly; and

(b)P does not fall within the description in paragraph 13 of Schedule 4 (road haulage workers).

(9) [F98Subject to paragraph (10), where] this paragraph applies, P must undertake a workforce test—

(a)before the end of the second day after the day P first arrives in England during the period during which P is a recurring work traveller or as soon as reasonably practicable during the time P is next in England after the end of the second day; and

(b)subsequently, within each successive period of three days, beginning with the day after the day on which P took the previous workforce test.

[F99(10) Paragraphs (2) and (9) do not apply where—

(a)P is a person described in any of the following paragraphs of Schedule 4—

(i)paragraph 6 (seamen and masters),

(ii)paragraph 7 (pilots),

(iii)paragraph 8 (inspectors and surveyors of ships),

(iv)paragraph 9 (aircraft crew and pilots),

(v)paragraph 10 (international rail crew, passenger and freight operator),

(vi)paragraph 15 (Channel Tunnel system workers);

(b)P meets the condition in paragraph 11 of Schedule 4 (travel on conveyance without passengers etc.); and

(c)P—

(i)does not disembark from or leave the conveyance on which P travelled to England at any time when the conveyance is moored at a port in England or is otherwise stationary in England, or

(ii)travelled to England on the same conveyance on which they left England and did not disembark from or leave that conveyance at any time when it was moored at a port in a country outside the common travel area or was otherwise stationary in such a country.]

Test requirements: offshore installation workersE+W

8.—(1) This regulation applies to a person (“P”) to whom regulation [F1005(5)] applies.

(2) P must undertake a day 2 test after arriving in England but before P departs to the offshore installation.

(3) If P intends to depart to the offshore installation before P has received the result of the day 2 test undertaken pursuant to paragraph (2), P must also take a workforce test before P departs to the offshore installation.

(4) If a workforce test undertaken pursuant to paragraph (3) generates a positive result P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until P has received the result of the day 2 test undertaken pursuant to paragraph (2).

(5) If the day 2 test undertaken pursuant to paragraph (2) generates a positive result P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the end of the 10th day after P undertook that test.

(6) If the day 2 test undertaken pursuant to paragraph (2) generates a negative result, from the time that P is notified of that result, P is no longer subject to any requirement to self-isolate by virtue of paragraph (4).

(7) [F101Except where P is [F102an eligible traveller], and subject to paragraph (8)], while P is on an offshore installation, P must undertake a workforce test before the end of the third day following the day P arrives on the installation and then within each successive 3 day period within 3 days of the test most recently taken.

(8) P is not required to undertake any workforce test after the 10th day after the day P arrived in England.

(9) If a workforce test undertaken pursuant to paragraph (7) generates a positive result, P must—

(a)undertake a day 2 test as soon as reasonably practicable; and

(b)self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the earlier of—

(i)the time P is notified of the result of the day 2 test undertaken pursuant to sub-paragraph (a), or

(ii)the end of the 10th day after the day P arrived in England.

(10) If a day 2 test undertaken pursuant to paragraph (9)(a) generates a positive result, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the 10th day after the day P undertook that test.

(11) If a day 2 test undertaken pursuant to paragraph (9)(a) generates a negative result, from the time that P is notified of that result P is no longer subject to any requirement to self-isolate by virtue of paragraph (9)(b).

[F103(12) Except where P is [F104an eligible traveller], if P returns to England from the offshore installation on or before the 8th day after the day P arrived in England, P must undertake a day 8 test on, or as soon as reasonably practicable after, the 8th day after the day P arrived in England.]

(13) If the day 8 test undertaken pursuant to paragraph (12) generates a positive result, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the end of the 10th day after P undertook that test.

(14) In this regulation—

day 2 test” has the same meaning as in regulation 6(12)(a);

day 8 test” has the same meaning as in regulation 6(12)(b);

offshore installation” has the same meaning as in paragraph 29 of Schedule 4;

workforce test” has the same meaning as in regulation 7(6)(b).

Further requirements on arrivals from category 2 countries and territoriesE+W

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

(a)arrives in England from—

(i)a category 2 country or territory,

(ii)within the common travel area or from a category 1 country or territory, and has at any time in the period beginning with the 10th day before the date of their arrival in England, departed from or transited through a category 2 country or territory, or

(iii)a category 3 country or territory or has at any time in the period beginning with the 10th day before the date of their arrival in England departed from or transited through a category 3 country or territory; and

[F105(b)is not—

(i)a person described in paragraph 12A (non-disembarking cruise passengers) of Schedule 4,

(ii)a Schedule 11 passenger, or

(iii)an eligible [F106traveller].]

(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), (c), or (d) applies—

(i)where P has arrived from outside the common travel area, at an address specified in P's Passenger Locator Form, as required by regulation 3 and paragraph 2(a) of Schedule 6,

(ii)where P has arrived from within the common travel area, or is a person described in paragraph 1 of Schedule 4 (other than one described in paragraph (15)(a)(i) or (b)), 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 F107;

(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) F108, in accommodation provided or arranged under that paragraph; or

(d)where P is a person described in paragraph 13(2)(c)(i) of Schedule 4 (driver of a goods vehicle)—

(i)in the goods vehicle while undertaking the work described in that paragraph,

(ii)in the goods vehicle while not undertaking the work described in that paragraph if P is travelling alone in a goods vehicle with a compartment behind the driver's seat intended to be used for sleeping (“a sleeper cab”), unless paragraph (iii)(bb) applies to P,

(iii)in a hotel, hostel or bed and breakfast accommodation while not undertaking the work described in that paragraph—

(aa)if P is travelling in a goods vehicle without a sleeper cab, or

(bb)if self-isolating in a goods vehicle would contravene Article 8 of Regulation (EC) No. 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport,

(iv)in the goods vehicle or a hotel, hostel or bed and breakfast accommodation while not undertaking the work described in that paragraph if P is travelling with another person in a goods vehicle with a sleeper cab.

(4) The address specified by P in the Passenger Locator Form pursuant to paragraph 2(a) of Schedule 6 must be—

(a)their home;

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

(c)a hotel, hostel, bed and breakfast accommodation, holiday apartment or home, campsite, caravan park or boarding house, canal boat or any other vessel;

(d)a military site or establishment;

(e)accommodation facilitated by the Secretary of State for the purposes of P's self-isolation;

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

(g)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), accommodation provided or arranged under that paragraph.

[F109(h)where P is a person described in sub-paragraph (1)(lb) of paragraph 2 of Schedule 11 (exemptions from additional measures applicable to arrivals from category 3 countries and territories), accommodation facilitated by their employer for the purposes of P’s self-isolation.]

(5) More than one address may be specified as 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) 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 10th day after the day on which they arrived in England or, if later, the end of any period that applies by virtue of paragraph 2 or 3 of Schedule 8;

(b)their departure from England; or

(c)the beginning of P's period of self-isolation, where P or R, where P is a child, is notified under regulation 2A or 2B of the Self-Isolation Regulations F110.

(8) In paragraph (7)(c), “period of self-isolation” and “R” have the meanings given for the purposes of Part 1 of the Self-Isolation Regulations (see regulations 3 and 5 of those Regulations).

(9) 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;

(d)where P leaves, or is outside of, the place where they are self-isolating in accordance with paragraph (11)(j), from any person (other than a person who is required by paragraph (2) to self-isolate) whose assistance P reasonably requires in order to undertake the test, by reason of —

(i)P being a child, or

(ii)any disability of P's.

(10) 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 F111, 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 (11)(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 (11)(i)(ii);

(f)to administer a test to P in accordance with Schedule 9.

(11) 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 (subject to paragraph 3(1) of Schedule 8);

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

(c)to undertake a workforce test required by regulation 7;

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

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

(f)to avoid injury or illness or to escape a risk of harm;

(g)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;

(h)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;

(i)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;

(j)for the purposes of, or connected with, undertaking a test in accordance with Schedule 8 or Schedule 10;

(k)if self-isolating in a goods vehicle by virtue of paragraph (3)(d)—

(i)for sanitary reasons,

(ii)to take exercise outside,

(iii)where required or permitted by that paragraph, to move to a different place for self-isolation,

(iv)to inspect the vehicle or its load or to carry out any other task required for the safe and continued operation of the vehicle, including refuelling, and

(v)for any other reason or purpose specified in this paragraph.

(12) 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.

(13) 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.

(14) If P has arrived from Wales or Scotland and is in England, temporarily, for a reason which would constitute an exception under paragraph (11), P is not required to comply with this regulation.

(15) If P is a person described—

(a)in paragraph 1(1) of Schedule 4—

[F112(ai)where P is a person described in paragraph 1(1)(a), (b), (h) or (k) of that Schedule, or a member of the family forming part of the household of a person described in paragraph 1(1)(a), (b) or (h) of that Schedule, P is not required to comply with this regulation,]

(i)where P is a person described in paragraph [F1131(1)(c), (d), (e), (g), (i) or (j)] of, and meets the conditions set out in paragraph 1(3) 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 1(2) of Schedule 4 ([F114relevant international event attendees] etc), P is not required to comply with this regulation;

[F115(ba)in paragraph 1(2A) of Schedule 4 (specified persons on official business), P is not required to comply with this regulation;]

(c)in paragraph 33 of Schedule 4 (healthcare), paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 33 of that Schedule;

(d)in paragraph 43 of Schedule 4 (horticultural work)—

(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 43 of Schedule 4;

[F116(da)in paragraph 43A of Schedule 4 (seasonal poultry workers), where P lives at the address specified in P’s passenger information as the place where P intends to self-isolate (“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,

where “specified premises” has the meaning given in paragraph 43A of Schedule 4;]

(e)either—

(i)in paragraph 44 of Schedule 4 (elite sports),

(ii)in sub-paragraphs [F117(1)(la) and (lb)] of paragraph 2 of Schedule 11 (exemptions from additional measures applicable to arrivals from category 3 countries and territories),

P satisfies the requirements of paragraph (2) if P complies with the relevant conditions specified in paragraph 44(4) of Schedule 4;

F118(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118(eb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)in paragraph 4, 5, 6, [F1196A,] 7, 8, 9, 13(2)(c)(ii), 14, 18, [F12019, 20 or 52] of Schedule 4 and is—

(i)ordinarily resident in the United Kingdom, P is not required to comply with this regulation,

(ii)not ordinarily resident in the United Kingdom, P is not required to comply with this regulation while undertaking the work or activity described in the relevant paragraph of that Schedule;

(g)in paragraph 10 of Schedule 4, is engaged in work relating to the carriage of passengers by way of the tunnel system and is—

(i)ordinarily resident in the United Kingdom, P is not required to comply with this regulation,

(ii)not ordinarily resident in the United Kingdom, P is not required to comply with this regulation while undertaking that work;

(h)in paragraph 13(2)(c)(i) of Schedule 4 (driver of a goods vehicle) and is ordinarily resident in the United Kingdom, P is only required to comply with this regulation while undertaking the work described in that paragraph;

(i)in [F121paragraph 4A, 21], 22, 23, 24, 25, 26, [F12227,] 28, 29, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41 or 45 of Schedule 4, P is not required to comply with this regulation while undertaking the work or activity described in the relevant paragraph of that Schedule;

[F123(ia)in paragraph 42 of Schedule 4, P is not required to comply with this regulation while undertaking, in England, the work-related activity for which they usually travel to another country at least once a week;

(ib)in paragraph 48(1) of Schedule 4, paragraph (2) does not require P to remain in isolation in the circumstances set out in paragraph 48(2) of that Schedule;]

F124(ic). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F125(id)in paragraph 50 of Schedule 4 (performing arts professionals), paragraph (2) does not—

(i)prevent P from travelling between the place where P is self-isolating and the place or places where the performing arts event is, or activities related to the performing arts event are, taking place;

(ii)require P to remain in isolation from any other person who is working on the same performing arts event;

(ie)in paragraph 51 of Schedule 4 (film and high end TV production), paragraph (2) does not—

(i)prevent P from travelling between the place where P is self-isolating and the place or places where the production is, or activities related to the production are, taking place, or

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

(j)in any other paragraph of Schedule 4, including paragraph 10 in so far as it relates to work other than the carriage of passengers by way of the tunnel system, [F126but not including paragraph 46,] [F127or 47] P is not required to comply with this regulation.

(16) P ceases to be required to comply with this regulation, where P—

(a)has undertaken a test in accordance with Schedule 10; and

(b)is notified in accordance with paragraph 5(2) of that Schedule that the result of that test is negative,

from the time P is so notified.

(17) The full or partial disapplication of the requirement to self-isolate under this regulation that is provided for in paragraphs (15) and (16) does not apply to [F128a] person who is both—

(a)described in paragraph (1)(a)(iii) of this regulation; and

(b)described in paragraph 1(1)(a) to (h) or (k) of Schedule 4 [F129, or a member of the family forming part of the household of a person described in paragraph 1(1)(a), (b) or (h) of that Schedule].

[F130(18) Paragraph (19) applies where P—

(a)is a domestic elite sportsperson (as defined in paragraph 44(2) of Schedule 4) who is self-isolating as a result of being or having been a person described in sub-paragraph (1)(lb) of paragraph 2 of Schedule 11,

(b)travels directly to leave England in accordance with paragraph 44(4)(a)(ii)(bb) of Schedule 4 to compete in an elite sports event in a category 2 country or territory, and

(c)travels directly back thereafter to England without having departed from or transited through a category 3 country or territory.

(19) Where this paragraph applies, P is to be regarded as having remained in England for the purposes of the following provisions—

(a)regulation 3B (eligible travellers);

(b)regulation 5 (requirements relating to tests); and

(c)this regulation.]

F1071999 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.

F110A person notified, or a child in respect of whom a notification is given, under regulation 2A or 2B will be required to self-isolate in accordance with those Regulations from the moment the notification is given. Regulations 2A and 2B were inserted by S.I. 2021/364.

F1112006 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

I9Reg. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Further requirements on arrivals from category 3 countries or territoriesE+W

10.—(1) This regulation applies to a person (“P”) where P is a Schedule 11 passenger [F131other than a person described in paragraph 12A of Schedule 4 (non-disembarking cruise passengers)].

(2) P must remain in isolation from others in accordance with, and otherwise comply with the requirements in, Schedule 11.

(3) The address specified by P in the Passenger Locator Form pursuant to paragraph 2(a) of Schedule 6 must be the designated accommodation which is part of the managed self-isolation package booked by or on behalf of P.

Commencement Information

I10Reg. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

PART 3E+WEnforcement

Enforcement of requirement to self-isolateE+W

11.—(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 9, Schedule 8 or Schedule 11, the authorised person may—

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

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

(c)where the 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) Where an authorised person has reasonable grounds to believe that P is a Schedule 11 passenger, an authorised person may do any of the following for the purpose of ensuring that P complies with the requirements in Schedule 11—

(a)give a direction to P, including a direction—

(i)that P remain in a particular area of a port to await transportation to accommodation designated for the purposes of Schedule 11,

(ii)that P move to a particular place to board transportation designated for the purposes of Schedule 11,

(iii)that P board transportation designated for the purposes of Schedule 11 to travel to accommodation designated for the purposes of Schedule 11,

(iv)that P remain in the place where P is self-isolating;

(b)remove P to accommodation designated for the purposes of Schedule 11.

(3) Where an authorised person has reasonable grounds to believe that P is a Schedule 11 passenger and that P has committed an offence under regulation 19(1)(a) or (6), the authorised person may—

(a)require P to produce their passport or travel document for examination;

(b)detain P for up to three hours;

(c)search P and any baggage belonging to P or under P's control, or any vehicle in which P has travelled, for evidence, other than items subject to legal privilege, that relates to the possible commission of an offence under regulation 19(6); and

(d)seize and retain any document or article recovered by a search under sub-paragraph (c).

(4) Paragraph (3) does not confer a power—

(a)to detain or search an unaccompanied child; or

(b)to conduct an intimate search.

(5) Any search under paragraph (3) must be conducted by an authorised person of the same gender as P.

(6) Paragraphs (1)(b) and (c), (2) and (3) do not apply where P is a person described in paragraph 1 of Schedule 4 (diplomats, members of international organisations etc).

(7) An authorised person exercising the power in paragraph (1)(b) or (c), (2)(b) or (3) may use reasonable force, if necessary, in the exercise of the power.

(8) Where P is a child, and has left or is outside of, the place where they are self-isolating and is 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.

(9) Where P is a child, and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with regulation 9 or Schedule 11, the authorised person may direct any individual who has responsibility for P to ensure, so far as reasonably practicable, that P so complies.

(10) An authorised person may only exercise a power in paragraph (1), (2), (8) or (9) if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with regulation 9 or Schedule 11.

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

(a)a constable;

(b)for the purposes of paragraphs (2) and (3) only, an immigration officer; or

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

Commencement Information

I11Reg. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Power of entryE+W

12.—(1) A constable may enter premises in order—

(a)to search for a person who is suspected of committing an offence of contravening the requirement in paragraph 10 (duty to self-isolate) of Schedule 11;

(b)to remove a person of the description in sub-paragraph (a) to accommodation designated by the Secretary of State for the purposes of Schedule 11.

(2) The power in paragraph (1) is exercisable if the constable—

(a)has reasonable grounds to believe that a person of the description in paragraph (1)(a) is in or on the premises; and

(b)has a reasonable belief that it is necessary and proportionate to enter the premises for the purposes specified in paragraph (1)(b).

(3) A constable exercising the power in paragraph (1)—

(a)may use reasonable force if necessary; and

(b)may be accompanied by a police community support officer.

(4) A constable exercising the power in paragraph (1)—

(a)if asked by a person on the premises, must show evidence of the constable's identity and outline the purpose for which the power is being exercised; and

(b)if the premises are unoccupied or the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as when the constable found them.

(5) In this regulation, “premises” includes any building or structure and any land.

Commencement Information

I12Reg. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

PART 4E+WRequirements on operators

Passenger information requirementE+W

13.—(1) Subject to the following provisions of this regulation, an operator must ensure that a passenger who arrives at a port in England on a relevant service is provided with the information required by regulation 14 (“the passenger information requirement”) and in the manner required by that regulation at each of the times specified in paragraph (2).

(2) The times are—

(a)where prior to departure a booking was made for the passenger to travel on the relevant service, before the booking was made (“the pre-booking information requirement”);

(b)where, at least 48 hours prior to the scheduled departure time of the relevant service, a booking was made for the passenger to travel on it, between 24 and 48 hours prior to the scheduled departure time of that service (“the pre-departure information requirement”);

(c)where prior to departure the passenger was checked in to travel on the relevant service, at the time of check-in (“the check-in information requirement”); and

(d)while the passenger was on board the vessel, aircraft or train (“the on-board information requirement”).

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

(4) If another person (A) makes the booking on behalf of the passenger (whether or not A is also a passenger on the relevant service), the pre-departure information requirement is to be treated as complied with if the required information is provided to A in the required manner between 24 and 48 hours prior to the scheduled departure time of the relevant service, along with a written request that A provide that information to the passenger unless A considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.

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

Commencement Information

I13Reg. 13 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Required information and mannerE+W

14.—(1) For the purposes of regulation 13(2)(a) (pre-booking information requirement), the required information—

(a)in the case of online bookings—

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

(ii)is the information specified in Part 1 of Schedule 12 (information for passengers) and a hyperlink to each of the relevant websites;

(b)in the case of telephone bookings—

(i)must be provided orally,

(ii)is the information specified in Part 1 of Schedule 12;

(c)in the case of in-person bookings—

(i)must be provided orally or in writing,

(ii)where provided orally, is the information specified in Part 1 of Schedule 12,

(iii)where provided in writing, is a written notice which informs passengers of the requirements to provide information, to possess notification of a negative test result, to book and undertake tests and to self-isolate in regulations 3, 4, 6 and 9.

(2) For the purposes of regulation 13(2)(b) (pre-departure information requirement), the required information—

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

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

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

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

(iii)informs passengers of the requirement to possess notification of a negative test result in regulation 4, and

(iv)informs passengers of the requirement to book and undertake tests in regulation 6;

(c)where provided orally, is the information specified in Part 1 of Schedule 12;

(d)where provided by email, is the information specified in Part 1 of Schedule 12 and a hyperlink to each of the relevant websites.

(3) For the purposes of regulation 13(2)(c) (check-in information requirement)—

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

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

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

(iii)is the information specified in Part 1 of Schedule 12 and a hyperlink to each of the relevant websites;

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

(i)must be provided orally or in writing,

(ii)where provided orally, is the information specified in Part 1 of Schedule 12,

(iii)where provided in writing, is a written notice which informs passengers of the requirements to provide information, to possess notification of a negative test result, to book and undertake tests and to self-isolate in regulations 3, 4, 6 and 9.

(4) For the purposes of regulation 13(2)(d) (on-board information requirement), the required information—

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

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

(c)is the information specified in Part 2 of Schedule 12.

(5) In this regulation, “the relevant websites” means the websites listed in Part 3 of Schedule 12.

Commencement Information

I14Reg. 14 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Records and informationE+W

15.—(1) An operator must keep records of the steps it has taken to comply with the requirements under regulation 13(1).

(2) An authorised person may request copies of the records and such other information from an operator as is necessary for the authorised person to determine whether the requirements under regulation 13(1) have been complied with.

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

(4) In this regulation “authorised person” means—

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

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

(c)in relation to passenger arriving by rail, the Office of Rail and Road.

Commencement Information

I15Reg. 15 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Requirement to ensure passengers have completed a Passenger Locator FormE+W

16.[F132(1) An operator must ensure that—

(a)a passenger—

(i)who presents at immigration control at the Channel Tunnel shuttle terminal area in France, with the intention of boarding a shuttle service destined for the United Kingdom, has completed a Passenger Locator Form,

(ii)who arrives at a port in England on a relevant service other than a shuttle service has completed a Passenger Locator Form; and

(b)a passenger possesses evidence that they are a person described in a paragraph of Schedule 4 (exemptions), where they have indicated on the Passenger Locator Form that they are such a person.

(1A) Paragraph (1)(b) does not apply in relation to a person described in paragraph 13(2)(c)(i) of Schedule 4 (road haulage worker), who is the driver of a goods vehicle that has been or will be conveyed to England on the relevant service.]

(2) Paragraph (1) does not apply in relation to a passenger—

[F133(a)whom the operator, or a person acting on behalf of the operator, reasonably believes—

(i)is not required to comply with the requirement in regulation 3(1) or (2), or

(ii)has a reasonable excuse for failing to comply with that requirement;]

[F134(aa)who is being lawfully compelled to travel to the United Kingdom in the course of an extradition, prisoner repatriation or deportation;]

[F135(ab)to whom Schedule 4A applies who is in possession of the written confirmation described in paragraph 1(4)(b) or (8)(d) of that Schedule;]

(b)who informs the operator, or a person acting on behalf of the operator, that they have a disability which prevents them from completing a Passenger Locator Form; or

(c)who is a child, travelling without an individual who has responsibility for them.

Requirement to ensure passengers possess notification of negative test resultE+W

17.—(1) An operator must ensure that a passenger—

(a)who presents at immigration control at the Channel Tunnel shuttle terminal area in France, with the intention of boarding a shuttle service destined for the United Kingdom, is in possession of a required notification, on so presenting;

(b)who arrives at a port in England on a relevant service [F136other than a shuttle service] is in possession of a required notification.

(2) Paragraph (1) does not apply in relation to a passenger—

(a)whom the operator, or a person acting on behalf of the operator, reasonably believes is not required to comply with the requirement to possess notification of a negative test result under regulation 4(1) or has a reasonable excuse for failing to comply with that requirement;

[F137(aa)who is being lawfully compelled to travel to the United Kingdom in the course of an extradition, prisoner repatriation or deportation;]

[F138(ab)to whom Schedule 4A applies who is in possession of the written confirmation described in paragraph 1(4)(b) or (8)(d) of that Schedule;]

(b)who is a child, travelling without an individual who has responsibility for them; or

(c)who is a transit passenger who does not have the right to enter the country or territory from which the relevant service departs.

(3) In this regulation—

required notification” means [F139notification provided through the EU Digital Covid Certificate or] notification of the result of a test for the detection of coronavirus which includes, in English, French or Spanish, the following information—

(a)

the name of the person from whom the test sample was taken,

(b)

that person's date of birth or age,

(c)

the negative result of that test,

(d)

the date the test sample was collected or received by the test provider,

(e)

the name of the test provider and information sufficient to contact that provider,

(f)

a statement—

(i)

that the test was a polymerase chain reaction test, or

(ii)

of the name of the device that was used for the test;

transit passenger” means a person who has arrived in the country or territory from which the relevant service departs with the intention of passing through to England without entering that country or territory.

[F140Requirement to ensure passengers possess evidence of vaccinationE+W

17A.[F141(1) An operator must ensure that a passenger other than a category 1 arrival [F142, a Schedule 11 passenger or a verified eligible traveller] (“P”) who has indicated on the Passenger Locator Form that P meets the COVID-19 vaccine eligibility criteria for reduced isolation and testing requirements is in possession of the required evidence—

(a)if P presents at immigration control at the Channel Tunnel shuttle terminal area in France, with the intention of boarding a shuttle service destined for the United Kingdom, when P so presents;

(b)if P arrives at a port in England on a relevant service other than a shuttle service, when P so arrives.]

[F143(1A) This regulation does not apply in relation to a passenger to whom Schedule 4A applies who is in possession of the written confirmation described in paragraph 1(4)(b) or (8)(d) of that Schedule.]

(2) In paragraph (1) “the required evidence” means—

(a)evidence of the description in regulation [F1443C(1)(c) or (d), 3D(b), 3E(b) and (d) or 3H(1)(a)(ii)]; or

(b)where P intends to take advantage of the exemption in regulation [F1453G or 3H(1)(b)] (P aged under 18 years) evidence of P’s age.

(3) An operator must implement and maintain processes and systems to ensure that the requirement in paragraph (1) is complied with.

(4) An operator must retain records and information of the steps that they have taken to comply with paragraph (3).

(5) An authorised person may request copies of the records and such other information from an operator as is necessary for the authorised person to determine whether the requirements under paragraph (3) have been complied with.

(6) A request under paragraph (5) must specify the period within which the operator must provide the information to the authorised person.

(7) In this regulation “authorised person” means—

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

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

(c)in relation to passengers arriving by rail, the Office of Rail and Road.

[F146(8) In this regulation, “verified eligible traveller” means an eligible traveller whose Passenger Locator Form indicates that their vaccine status is: “Vaccine Status: Verified Full/Exempt”.]]

Requirement to ensure that certain passengers arrive only at designated portsE+W

18.—(1) An operator must take all reasonable steps to ensure that no Schedule 11 passenger arrives on a relevant transport service at a port in England which is not a designated port.

[F147(1A) This regulation does not apply in relation to a passenger to whom Schedule 4A applies who is in possession of the written confirmation described in paragraph 1(4)(b) or (8)(d) of that Schedule.]

(2) Paragraph (1) does not apply where, in the case of an aircraft—

(a)it is necessary for the pilot in command of the aircraft by means of which the transport service is provided to land the aircraft at a place in England other than a designated port to secure—

(i)the safety or security of the aircraft, or

(ii)the safety of any person aboard the aircraft;

(b)the aircraft is an air ambulance and it is landing otherwise than at a designated port for the purposes of transporting a person for medical treatment;

(c)the pilot in command of the aircraft is instructed by an authorised person to land the aircraft at a place in England which is not a designated port.

(3) Schedule 13 makes further provision regarding the arrival of aircraft and vessels into England.

(4) In this regulation—

authorised person” means—

(a)

a constable,

(b)

the Civil Aviation Authority,

(c)

the Secretary of State, or

(d)

a person authorised by the Civil Aviation Authority or the Secretary of State under the Air Navigation Order 2016 F148;

[F149operator” includes, in relation to a transport service provided by means of an aircraft, any person who is an operator within the meaning of article 4 of the Air Navigation Order 2016;]

“pilot in command” and “private aircraft” have the meanings given in the Air Navigation Order 2016 (see Schedule 1 to that Order);

relevant transport service”, in relation to an operator, means a transport service provided by or on behalf of that operator;

transport service” means—

(a)

a relevant service,

(b)

F150...

(c)

a service (other than a relevant service) which—

(i)

is carrying passengers travelling to England from outside the common travel area (whether for payment or valuable consideration or otherwise), and

(ii)

is provided by means of an aircraft (other than a private aircraft), or

(d)

a flight which—

(i)

is carrying passengers travelling to England from outside the common travel area (whether for payment or valuable consideration or otherwise), and

(ii)

is provided by means of a private aircraft.

[F151(5) For the purposes of regulation 19(7)(d) and regulation 19(11) “operator” has the wider meaning given in paragraph (4).]

[F152PART 4AE+WRequirements on private test providers and diagnostic laboratories

Requirements on test providersE+W

18A.(1) A private provider who provides a test for the purposes of regulation [F1533J (testing requirements on eligible travellers (non-workers)) or] 6 (requirement to book and undertake tests) must comply with the requirements set out in the following provisions of Schedule 8 (mandatory testing after arrival in England)—

(a)where the test to be provided is a day 2 test, paragraphs (a) to (m) of paragraph 7(1) (day 2 tests: private provider requirements);

(b)where the test to be provided is a day 8 test, paragraphs (a) to (m) of paragraph 9(1) (day 8 tests: private provider requirements);

(c)in any event—

(i)paragraph 10(5) (requirement for private provider to give test reference number);

(ii)paragraph 11(2) (notification of test results).

(2) A test provider who provides a test for the purposes of regulation 9(16) (optional testing to cease self-isolation requirement early) must comply with the requirements set out in the following provisions of Schedule 10 (optional testing after arrival in England)—

(a)paragraphs (a) to (j) of paragraph 3(1) (test providers);

(b)paragraph 5(2) and (4) (notification of test results).

(3) In this regulation, “private provider” has the meaning given in paragraph 1(e) of Schedule 8.

Requirements on other persons carrying out testing servicesE+W

18B.(1) A person who carries out an element of a single end-to-end testing service on behalf of a test provider must comply with the requirements set out in the following provisions so far as relevant to the carrying out of that element—

(a)in relation to a day 2 test provided for the purposes of regulation [F1543J or] 6, paragraph 7(1)(m)(i) to (iii) of Schedule 8;

(b)in relation to a day 8 test provided for the purposes of regulation 6, paragraph 9(1)(m)(i) to (iii) of Schedule 8;

(c)in relation to a test provided for the purposes of regulation 9(16), paragraphs 3(1)(c) to (i) of Schedule 10.

(2) In this regulation, “single end-to-end testing service” has the meaning given by paragraph 3(2)(c) of Schedule 10.]

PART 5E+WOffences, proceedings and information

Offences and penaltiesE+W

19.—(1) A person (“P”) commits an offence where—

(a)without reasonable excuse P contravenes a requirement in regulation 3 (requirement to provide information);

(b)without reasonable excuse P contravenes a requirement in regulation 4 (requirement to possess notification of negative test result);

(c)without reasonable excuse P contravenes a requirement in [F155regulations 3J (testing requirements on eligible travellers (non-workers)) or 6] (requirement to book and undertake tests);

(d)without reasonable excuse P contravenes a requirement in regulation 7 (requirement to undertake workforce tests);

(e)without reasonable excuse P contravenes a requirement in regulation 8 (requirement for offshore installation workers to take tests);

(f)P contravenes a requirement in regulation 9 (requirement to self-isolate);

(g)without reasonable excuse P contravenes a requirement in or imposed under regulation 11 (enforcement of requirement to self-isolate) apart from paragraph (2) of that regulation;

(h)without reasonable excuse P contravenes a requirement in or imposed under regulation 11(2);

(i)without reasonable excuse P contravenes a requirement in paragraph 5 or 16(a), so far is it relates to paragraph 5, of Schedule 11 (requirement to possess managed self-isolation package);

[F156(ia)without reasonable excuse P contravenes a requirement in paragraph 16(aa) of Schedule 11 (requirement for responsible adult to quarantine with child);]

[F157(ib)without reasonable excuse P contravenes a requirement in paragraph 18A of Schedule 11 (requirement to provide contact details);

(ic)without reasonable excuse P contravenes a requirement in paragraph 18B of Schedule 11 (requirement to self-isolate with P);

(id)without reasonable excuse P contravenes a requirement in paragraph 18C of Schedule 11 (requirement on employers of self-isolating workers);]

(j)P contravenes any other requirement in Schedule 11 (except paragraph 15); or

(k)without reasonable excuse P contravenes a requirement in paragraph 4 of Schedule 9 (employers' obligations relating to workforce tests).

(2) But P does not commit an offence where P contravenes a requirement in—

(a)paragraph (1), (2), (3) or (4) of regulation 4, if P reasonably believed at the time of the contravention that the notification of a negative result was valid and from a qualifying test;

(b)regulation 9 in the circumstances described in paragraph (9)(d), (10)(f), (13)(j) or (16) of that regulation, if P reasonably believed at the time of the contravention that the test was an appropriate test (within the meaning given in paragraph 2 of Schedule 10); or

[F158(c)Schedule 11—

(i)in paragraph 3, if P enters England at a place other than a designated port in the circumstances specified in regulation 18(2), or

(ii)in paragraphs 5 to 7 or 10, if accommodation or transport booked is no longer available for reasons beyond the P’s control.]

(3) For the purposes of paragraph (1)(b), reasonable excuses include, in particular, where—

(a)P was medically unfit to provide a sample for a qualifying test and possessed a document, in English or accompanied by a certified English translation, signed by a medical practitioner entitled to practise in the country or territory in which that practitioner was based, to that effect;

(b)it was not reasonably practicable for P to obtain a qualifying test due to a disability;

(c)P required medical treatment with such urgency that obtaining a qualifying test was not reasonably practicable;

(d)P contracted coronavirus and required emergency medical treatment;

(e)P was accompanying, in order to provide support, whether medical or otherwise, a person described in sub-paragraph (c) or (d) where it was not reasonably practicable for P to obtain a qualifying test;

(f)P began the journey to England in a country or territory in which a qualifying test was not available to the public, with or without payment, or in which it was not reasonably practicable for P to obtain a qualifying test due to a lack of reasonable access to a qualifying test or testing facility and it was not reasonably practicable for P to obtain a qualifying test in P's last point of departure if this was different to where P began the journey;

(g)the time it has taken P to travel from the country or territory where P began the journey to the country or territory of their last point of departure prior to arriving in England meant that it was not reasonably practicable for P to meet the requirement in paragraph 1(c) of Schedule 7, and it was not reasonably practicable for P to obtain a qualifying test in P's last point of departure [F159;

(h)P undertook a qualifying test on board the cruise ship on which P arrived in England, the result of that test was positive, and it was not reasonably practicable for P to disembark in a country or territory other than England].

(4) For the purposes of paragraph (1)(c)—

(a)reasonable excuses for contravening [F160regulations 3J(2), (3) or (4) or 6(3), (4), or (5)] include, in particular, where—

(i)it was not reasonably practicable for P to book a test due to a disability,

(ii)P reasonably considered before arriving in England that it would not be reasonably practicable for P (or, as the case may be, the child for whom P has responsibility) to provide a sample for a test in accordance with [F161regulation 3J or 6] due to a disability,

(iii)P required medical treatment with such urgency that booking a test was not reasonably practicable,

(iv)P was accompanying, in order to provide support, whether medical or otherwise, a person described in paragraph (i) or (iii) where it was not reasonably practicable for P to book a test,

(v)P began the journey to England in a country or territory in which P did not have reasonable access to the facilities or services required to book a test, with or without payment, and such facilities or services were not reasonably accessible in P's last point of departure if this was different to where P began the journey;

(b)reasonable excuses for contravening [F162regulations 3J(6) or (7) or 6(6)] include, in particular, where—

(i)it is not reasonably practicable for P to undertake a test due to a disability,

(ii)P requires medical treatment with such urgency that undertaking a test is not reasonably practicable,

(iii)a test is cancelled for reasons beyond P's control,

(iv)P has left England in accordance with regulation 9(11)(b), or left the common travel area in accordance with paragraph 13(a) of Schedule 11.

(5) For the purposes of paragraph (1)(d), reasonable excuses for contravening regulation 7 include, in particular, where—

(a)it is not reasonably practicable for P to undertake a test due to a disability;

(b)P requires medical treatment with such urgency that undertaking a test is not reasonably practicable;

(c)a test is cancelled for reasons beyond P's control;

(d)P has left England;

(e)P is employed as air crew and is undertaking a rest period for a continuous, uninterrupted and defined period of time, following duty or prior to duty, during which P is free of all duties, standby or reserve (and for these purposes, “duties” “standby” and “reserve” have the meanings given in paragraph ORO.FTL.105 of Commission Regulation (EU) No. 965/2012).

[F163(5A) For the purposes of paragraph (1)(ic), reasonable excuses for contravening paragraph 18B (requirement to self-isolate with P) of Schedule 11 include, in particular, where it is necessary for the person (“B”) to leave the place where they are self-isolating—

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

(b)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 escape a risk of harm or to avoid injury or illness;

(e)to attend a funeral of B’s household or a close family member;

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

(g)to access critical public services, including—

(i)social services;

(ii)services provided to victims (such as victims of crime);

(h)to attend a testing site to take a test for the detection of coronavirus;

(i)to accompany a child (“C”) for whom B is a responsible adult to a testing site, so that C can take a test for the detection of coronavirus;

(j)to post a completed home test for the detection of coronavirus or antibodies to coronavirus carried out by B, or any person living in the same household as B, in accordance with the postal testing scheme operated on behalf of the Secretary of State.]

(6) A person who intentionally or recklessly provides false or misleading passenger information, except for reasons of national security, commits an offence.

(7) An operator commits an offence where it fails to comply with the requirements in—

(a)regulation 13(1);

(b)regulation 16(1);

(c)regulation 17(1); F164...

[F165(ca)regulation 17A(1);

(cb)regulation 17A(3); or]

(d)regulation 18(1).

(8) In relation to the offence in paragraph (7)(a) and the requirement to provide information at the times set out in regulation 13(2)(a), (b) or (c) it is a defence if the operator can demonstrate that—

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

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

[F166(9) In relation to the offence in paragraph (7)(b), it is a defence—

(a)for an operator alleged to have failed to ensure that a passenger has completed a Passenger Locator Form, to show that they recorded a unique passenger reference number for the relevant passenger; or

(b)for an operator alleged to have failed to ensure that a passenger possesses evidence of eligibility for an exemption claimed in a Passenger Locator Form, to show that the passenger presented a document purporting to be appropriate evidence which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not appropriate evidence,

before that passenger presented at immigration control at the Channel Tunnel shuttle terminal area or boarded the relevant service, as the case may be.]

[F167(10) In relation to the offence in paragraph (7)(c), it is a defence for an operator to show that—

(a)the relevant passenger presented a document purporting to be a required notification which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not a required notification, or

(b)the relevant passenger undertook a qualifying test on board the vessel on which the relevant passenger arrived in England, the result of that test was positive, and it was not reasonably practicable for the relevant passenger to disembark in a country or territory other than England.]

[F168(10A) In relation to the offence in paragraph (7)(ca), it is a defence for the operator to show that a passenger presented a document purporting to be the required evidence which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not the required evidence.

(10B) In relation to the offence in paragraph (7)(cb) it is a defence for the operator to show that it was not reasonably practicable to have the processes and systems in place at the relevant time.]

(11) In relation to the offence in paragraph (7)(d), it is a defence for an operator to show that the operator, or a person acting on behalf of the operator, could not have reasonably been expected to know that a passenger was a Schedule 11 passenger.

(12) If, following the coming into force of any provision which amends the information required to be provided by regulation 14, an operator provides information to a passenger that would have complied with the requirements in regulation 13(1) but for the coming into force of that amending provision, it is a defence for the operator to show that it was not reasonably practicable for the amended information to be provided.

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

(a)with the requirement to keep records in regulation 15(1); or

(b)with a request under regulation 15(2) to provide records or information within the period specified for the purposes of regulation 15(3),

commits an offence.

[F169(13A) An operator who without reasonable excuse fails to comply—

(a)with the requirement to keep records in regulation 17A(4); or

(b)with a request under regulation 17A(5) to provide records of information within the period specified for the purposes of regulation 17A(6),

commits an offence.]

[F170(13B) A person who, without reasonable excuse, contravenes a requirement in—

(a)regulation 18A(1) or (2) (requirements on test providers); or

(b)regulation 18B(1) (requirements on other persons carrying out testing services),

commits an offence.]

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

(15) An offence under paragraph (13) is punishable on summary conviction by a fine not exceeding level 4 on the standard scale.

(16) An offence under these Regulations apart from under paragraph (13) is punishable on summary conviction by a fine.

(17) Section 24 of the Police and Criminal Evidence Act 1984 F171 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.

(18) In paragraph (9), “unique passenger reference number” means a reference number which has been provided by or on behalf of a passenger and which includes the letters “UKVI” followed immediately by an underscore and thirteen alphanumeric characters.

(19) In paragraphs (9) and [F172(10)], “relevant passenger” means a passenger who fails, without reasonable excuse—

(a)to provide evidence of having provided passenger information when requested to do so by an immigration officer pursuant to regulation 3(7); or

(b)to produce a valid notification of a negative result from a qualifying test when requested to do so by an immigration officer pursuant to regulation 4(4).

F1711984 c. 60. Section 24 was substituted by section 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).

Commencement Information

I19Reg. 19 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Fixed penalty noticesE+W

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

(a)has committed an offence specified in regulation 19; and

(b)if an individual, 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 the designated officer.

(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 in accordance with Schedule 14;

(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) Subject to paragraph (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).

(6) Where a letter is sent as described in paragraph (5), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(7) Paragraph (5) does not apply in the case of—

(a)an offence under regulation 19(7); or

(b)and offence under regulation 19(14) (obstruction) in relation to an offence under regulation 19(7).

(8) 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.

(9) For the purposes of this regulation—

(a)other than in relation to an operator offence [F173or a test provision offence], “authorised person” means—

(i)a constable,

(ii)an immigration officer, but only in relation to the issue of a fixed penalty notice in respect of an information offence or an offence described in regulation 19(1)(a), (b), (c), (g), (h), (i), (j), (5) and (6), or

(iii)a person designated by the Secretary of State for the purposes of this regulation;

(b)in relation to an operator offence, “authorised person” means—

(i)in relation to passengers arriving by sea, the Secretary of State for Transport,

(ii)in relation to passengers arriving by air, the Civil Aviation Authority,

(iii)in relation to passenger arriving by rail, the Office of Rail and Road;

[F174(ba)in relation to a test provision offence, “authorised person” means the local authority in whose area the offence is alleged to have been committed and for the purposes of this sub-paragraph—

(i)the reference to “local authority” includes a reference to a county council;

(ii)a county council for an area for which there is also a district council is to be regarded, with respect to its functions under this regulation, as a relevant health protection authority for the purposes of the Public Health (Control of Disease) Act 1984;]

(c)the designated officer” means—

(i)in relation to an offence other than an operator offence [F175or a test provision offence], an officer designated by the Secretary of State for the purposes of this regulation,

(ii)in relation to an operator offence [F176or a test provision offence], the authorised person;

(d)operator offence” means an offence—

(i)under regulation 19(7),

(ii)under regulation 19(13), F177...

[F178(iia)under regulation [F17919(13A)], or]

(iii)under regulation 19(14) (obstruction) in relation to a function relating to an offence under regulation 19(7);

[F180(e)“test provision offence” means an offence—

(i)under regulation 19(13B), or

(ii)under regulation 19(14) in relation to a function relating to an offence under regulation 19(13B)]

Commencement Information

I20Reg. 20 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

ProsecutionsE+W

21.—(1) Proceedings for an offence under these Regulations, apart from an operator offence [F181or a test provision offence], may be brought by the Crown Prosecution Service and any person designated by the Secretary of State.

(2) Proceedings for an operator offence [F182or a test provision offence] may be brought by an authorised person.

(3) In this regulation—

[F183(a)“authorised person”—

(i)in relation to an operator offence, has the meaning given by regulation 20(9)(b);

(ii)in relation to a test provision offence, has the meaning given by regulation 20(9)(ba);]

(b)operator offence” means an offence—

(i)under regulation 19(7),

(ii)under regulation 19(13),

[F184(iia)regulation 19(13A),]

(iii)under regulation 19(14) (obstruction) in relation to a function relating to an offence under regulation 19(7), or

[F185(iv)under paragraph 6 or 7(3) of Schedule 13;]

[F186(c)“test provision offence” has the meaning given by regulation 20(9)(e)]

Power to use and disclose informationE+W

22.—(1) This regulation applies to a person (“A”) who holds information described in paragraph (2) (“relevant information”), including where A 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;

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

(c)the result of any test undertaken in accordance with Schedule 10 and any information A obtained under paragraph 4(b) or (c) of that Schedule;

(d)where a person (“P”) is required to self-isolate under these Regulations—

(i)the details of any such period of self-isolation (including the start and end dates of that period and the reason it was imposed),

(ii)a copy of any notice given to P which contains information about the requirement to self-isolate,

(iii)information generated where P books, or attempts to book, accommodation as part of a managed self-isolation package,

(iv)the details of any location in which P undertakes any period of managed self-isolation (including the name and address of the location),

(v)information relating to P obtained by A in the course of providing accommodation [F187to P] pursuant to a managed self-isolation package (including P's room number, the personal details of any of P's co-habitants, and the details of any absence of P, authorised or otherwise, from the place where P is self-isolating),

(vi)information relating to P obtained by A in the course of providing transport to a location at which P undertakes, or is due to undertake, any period of managed self-isolation,

(vii)information relating to P obtained by A in the course of providing any service in connection with a managed self-isolation package;

(e)where P is required to obtain [F188a test or a testing package or undertake a test under regulations 3J or 6] or Schedule 8—

(i)information generated where P books, or attempts to book, a [F189test or a testing package for the purposes of regulations 3J or 6],

(ii)a copy of any notice given to P which contains information about the requirement to book a [F190test or a testing package] or to undertake a test,

(iii)information A obtained under paragraph 10(3) or (4) of Schedule 8,

(iv)the results of a test undertaken by P in accordance with Schedule 8 (whether or not that test was provided as part of a testing package),

(v)information obtained by A in the course of providing a test that falls within paragraph (iv) and is undertaken, or in the course of arranging for such a test to be undertaken, by P (including confirmation that the test was undertaken, details of when and where it was undertaken, any reasons for a test not be being undertaken and the details of any replacement test to be undertaken);

(f)information provided to an immigration officer pursuant to regulations 3(7), 4(4) or 6(11);

(g)where a sample taken in respect of a day 2 test under [F191regulations 3J or 6] has been sequenced, the sorted BAM file relating to that sample containing all reads aligning to the SARS-CoV-2 reference genome with unaligned and human reads removed;

(h)information provided by, or on behalf of, A by way of explanation for failing to comply with regulation 3, [F1923J, 3K,] 4 or 6, or paragraph 3 of Schedule 8; or

(i)information about any steps taken in relation to A, including details of any fixed penalty notice issued under these Regulations.

(3) A 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 (7), A 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) A constable or a person responsible for arranging or providing services (including security services) in respect of accommodation as part of a managed self-isolation package may, where necessary for the purpose of carrying out a function under these Regulations, request [F193from P] the following information—

(a)confirmation that P possesses a testing package for the purposes of regulation 6 and the details of that testing package (including the time and date of the tests);

(b)confirmation that P has undertaken any test in accordance with a testing package and, if not, an account of the reasons;

(c)the result of any test P has undertaken in accordance with a testing package.

(6) Subject to paragraph (8), 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).

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

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

(9) 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 F194;

(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);

(c)managed self-isolation” means self-isolation in accordance with Schedule 11.

F1942018 c. 12; relevant amendments to the definition of “data protection amendment” were made by S.I. 2019/419.

Commencement Information

I22Reg. 22 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Self-incriminationE+W

23.—(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;

(b)an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath) F195;

(c)an offence under section 1 of the Fraud Act 2006 (fraud) F196.

(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.

F1951911 c. 6. Section 5 was amended by section 1(2) of the Criminal Justice Act 1948 (c. 58).

Commencement Information

I23Reg. 23 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

PART 6E+WFinal provisions

Review of need for requirementsE+W

24.  The Secretary of State must review the need for the requirements imposed by these Regulations by 14th June 2021 and at least once every 28 days thereafter.

Commencement Information

I24Reg. 24 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Expiry of RegulationsE+W

25.  These Regulations expire at the end of 16th May 2022.

Commencement Information

I25Reg. 25 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Revocations, transitional provision consequential amendments and savingsE+W

26.—(1) The following Regulations are revoked—

(a)the Health Protection (Coronavirus, Public Health Information for International Passengers) (England) Regulations 2020 F197;

(b)the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the International Travel Regulations”) F198; and

(c)the Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021 F199.

(2) Schedule 15 makes consequential amendments to other instruments specified in that Schedule.

(3) Schedule 16 makes transitional provisions.

(4) Nothing in these Regulations applies in relation to a person who arrived in England before 4.00 a.m. on 17th May 2021 (and accordingly, the regulations mentioned in paragraph (1) continue to have effect in relation to such a person).

Commencement Information

I26Reg. 26 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Signed by authority of the Secretary of State

Robert Courts

Parliamentary Under Secretary of State

Department for Transport

SCHEDULES

Regulation 2(1)

SCHEDULE 1E+WCategory 1 countries and territories

Commencement Information

I27Sch. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F200There are no countries and territories specified in this Schedule]

Regulation 2(1)

SCHEDULE 2E+WCategory 2 countries and territories

Commencement Information

I28Sch. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Any country or territory outside the common travel area not listed in Schedule 1 or Schedule 3.

Regulation 2(1)

SCHEDULE 3E+WCategory 3 countries and territories

Commencement Information

I29Sch. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 2(5)

SCHEDULE 4E+WExemptions

1.—(1) A person (“P”), other than a person described in sub-paragraph (2), 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;

F261(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)a member of the official staff of a representative to an international organisation F262...;

(h)F263... 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) A person (“P”) where—

(a)P either—

(i)travelled to the United Kingdom for the purpose of attending or facilitating a [F264relevant international] event, and P is in England for the purpose of attending or facilitating a [F264relevant international] event or of travelling in order to leave [F265the United Kingdom], or

(ii)travelled to the United Kingdom for another purpose, and after their arrival in England is attending, facilitating, or travelling to or from a [F264relevant international] event;

(b)P has been invited by Her Majesty's Government to attend or facilitate the event F266...;

(c)the relevant person has provided written confirmation to the relevant Department that P will comply with the health protocols for the event; and

(d)the relevant Department has provided written confirmation to the relevant person that P is a person described in this sub-paragraph [F267and has not withdrawn this confirmation].

[F268(2A) A specified person (“P”) travelling to the United Kingdom to conduct official business with the United Kingdom where—

(a)P has been invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs; and

(b)prior to P’s arrival in the United Kingdom the Foreign, Commonwealth and Development Office has confirmed in writing to P that they are travelling to the United Kingdom to conduct official business with the United Kingdom and are not required to comply with regulation 9.]

(3) The conditions referred to in regulation 9(15)(a)(i) (persons who are not required to comply with regulation 9) are that—

(a)the relevant head of the mission, consular post, international organisation F269... 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 the Foreign, Commonwealth and Development Office that—

(i)P is required to undertake work which is essential to the functioning of the [F270international organisation], 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 9; and

(b)prior to P's arrival in the United Kingdom the 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 9.

(4) For the purposes of this paragraph—

[F271(za)“a Conference on Security Sector Reform event” means—

(i)the Conference on Security Sector Reform in Libya being hosted by Her Majesty’s Government between 11th and 13th October 2021;

(ii)a meeting, connected to the Conference on Security Sector Reform referred to in sub-paragraph (i), between representatives of States, foreign territories or organisations which are represented at the Conference on Security Sector Reform or between such representatives and an individual who has been invited by Her Majesty’s Government to attend or facilitate the Conference on Security Sector Reform on their own behalf;]

(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;

[F272(ba)“a COP Ministerial meeting” means—

(i)the Ministerial meeting organised by Her Majesty’s Government between 25th and 26th July 2021 in connection with the Conference of the Parties to the United Nations Framework Convention on Climate Change, adopted in New York on 9th May 1992;

(ii)a meeting, connected to the Ministerial meeting referred to in sub-paragraph (i), between representatives of States, foreign territories or organisations which are represented at the Ministerial meeting;]

(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)G7 event” means—

(i)an event organised by Her Majesty's Government in connection with the United Kingdom's G7 2021 presidency,

(ii)a meeting, connected to an event described in [F273sub-paragraph (i)], between representatives of States, foreign territories or organisations which are represented at such an event;

F274(da). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F275(db)“a Global Investment Summit event” means—

(i)the Global Investment Summit being hosted by Her Majesty’s Government between 18th and 20th October 2021;

(ii)a meeting, connected to the Global Investment Summit referred to in sub-paragraph (i), between representatives of States, foreign territories or organisations which are represented at the Global Investment Summit or between such representatives and an individual who has been invited by Her Majesty’s Government to attend or facilitate the Global Investment Summit on their own behalf;]

(e)international organisation” means an international organisation accorded privileges and immunities in the United Kingdom;

(f)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 F276, and “head of consular post” has the meaning given in that Schedule;

(g)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 F277;

[F278(ga)“relevant international event” means—

(i)a G7 event;

F279(ia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)a COP [F280Ministerial] Meeting;

F281(iia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F282(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F283(iv)a Global Investment Summit event;

(v)a Conference on Security Sector Reform event;]]

F284(gb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)relevant person” means—

(i)where P is to attend or facilitate a [F285relevant international event] F286... on behalf of a State, a foreign territory or an organisation, the head of the relevant mission or [F287consular] post, the office representing the foreign territory in the United Kingdom or the organisation, [F288or]

(ii)where P is to attend or facilitate a [F285relevant international event] on their own behalf, P,

F289(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F290(4A) For the purposes of sub-paragraph (2A)—

(a)“specified person” means a person who is a member of the democratic opposition in a foreign country or territory, a member of a political party in a foreign country or territory, or who undertakes activities in a foreign country or territory that support a government policy priority; and

(b)“government policy priority” means government policy which has been designated as such by the Foreign, Commonwealth and Development Office, and includes, in particular, policy related to the promotion and protection of human rights, and policy related to the mitigation of, or adaptation to, climate change.]

[F291(5) Any exemption provided for in this Schedule or any other provision of these Regulations from the duties that arise under Parts 1 or 2 or Schedule 4A is without prejudice to any immunity or privilege which is accorded to any person under the law of England and Wales.]

F2761968 c. 18. There are amendments but none is relevant.

F2771964 c. 81. There are amendments but none is relevant.

Commencement Information

I30Sch. 4 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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 the period during which they would, but for this paragraph [F292or regulation [F2933B]], have had to self-isolate in accordance with regulation 9; 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 F294;

(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.

F2941989 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).

Commencement Information

I31Sch. 4 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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;

(b)has travelled from a point of origin within the common travel area or from a category 1 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 category 2 country or territory; or

(c)has undertaken a continuous period of at least 10 days ending 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 or by, or in support of, a visiting force, 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 10 days ending 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;

(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.

Commencement Information

I32Sch. 4 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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 the period during which they would, but for this paragraph [F295or regulation [F2963B]], have had to self-isolate in accordance with regulation 9 and that that work cannot be undertaken whilst the person is complying with regulation 9; 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.

Commencement Information

I33Sch. 4 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F2974A.  An official of a foreign police force, required to travel to the United Kingdom to undertake policing activities, or a contractor directly supporting policing activities, where the relevant Department or police force in the United Kingdom has certified that the activities are essential to the foreign police force.]E+W

5.—(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 F298.

F2981981 c. 14; section 1 was amended by section 139(3) of and Schedule 8 to the Transport Act 1985 (c. 67).

Commencement Information

I34Sch. 4 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

6.—(1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 1995 F299, 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 7—

(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.

Commencement Information

I35Sch. 4 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F3006A.(1) A person who has travelled to the United Kingdom in the course of their work carrying out an essential role at a port for the safe or efficient operation of ferry services which is certified by their employer, or in the case of a self-employed person certified by them, as being—E+W

(a)an activity that cannot be done remotely; and

(b)essential.

(2) In sub-paragraph (1), “ferry services” means the services operating on any maritime shipping routes between England and Belgium, Denmark, France, Germany, Ireland, the Netherlands, Spain or Sweden where the service is or will be operated at least once a week.]

7.  A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995 F301, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom.E+W

F301Schedule 3A was inserted by Schedule 1 to the Marine Safety Act 2003 (c. 16).

Commencement Information

I36Sch. 4 para. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

8.  An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995, 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

Commencement Information

I37Sch. 4 para. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

9.—(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.E+W

(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 or F302... under Annex III or Annex VI of the Air Operations Regulation, 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)Air Operations Regulation” has the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016.

Commencement Information

I38Sch. 4 para. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

10.  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.

Commencement Information

I39Sch. 4 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

11.—(1) The condition mentioned in [F303regulations 3(10)(c) and 7(10)(b)] 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—

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

(b)passenger” does not include a person of the description in paragraph [F30410(b)].

Commencement Information

I40Sch. 4 para. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

12.—(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—

(a)passes through to another country or territory outside the common travel area without entering the United Kingdom; or

(b)enters the United Kingdom for the sole purpose of continuing a journey to a country or territory outside the common travel area and—

(i)remains within their port of entry until their departure from England, or

(ii)travels directly from their port of entry to another port of departure in England.

Commencement Information

I41Sch. 4 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F30512A.(1) A non-disembarking cruise passenger.E+W

(2) For the purposes of sub-paragraph (1), “non-disembarking cruise passenger” means a person, including a crew member, who travels to a port in England on a cruise ship but does not disembark from the cruise ship at any point while it is—

(a)moored at a port in England, or

(b)in the territorial waters adjacent to England.]

13.—(1) A road haulage worker.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 F306;

(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 F307, and who is acting in the course of their employment.

F3061988 c. 52. There are amendments to section 192 but none is relevant.

F307OJ No. L 300, 14.11.2009, p. 72.

Commencement Information

I42Sch. 4 para. 13 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

14.  Civil aviation inspectors, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7th December 1944 F308, where they have travelled to the United Kingdom when engaged on inspection duties.E+W

F308The 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).

Commencement Information

I43Sch. 4 para. 14 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

15.  Operational, rail maintenance, safety and security workers working on the tunnel system who have travelled to the United Kingdom in the course of their work.E+W

Commencement Information

I44Sch. 4 para. 15 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

16.—(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 9;

(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 F309;

(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 this Schedule (essential work related to the United Kingdom border);

(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.

Commencement Information

I45Sch. 4 para. 16 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

17.—(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 16.

Commencement Information

I46Sch. 4 para. 17 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

18.  A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 1984 F310.E+W

Commencement Information

I47Sch. 4 para. 18 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

19.  A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003 F311 or sought for extradition pursuant to any other extradition arrangements.E+W

Commencement Information

I48Sch. 4 para. 19 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

20.  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

I49Sch. 4 para. 20 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

21.—(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 F312, the Water Supply (Water Quality) Regulations 2016 F313, the Private Water Supplies (Wales) Regulations 2017 F314, or the Water Supply (Water Quality) Regulations 2018 F315;

(b)sewerage licensee” means the holder of a sewerage licence under section 17BA of the Water Industry Act 1991 F316;

(c)sewerage services” has the meaning given in section 219(1) of the Water Industry Act 1991 F317;

(d)water supply licensee” has the meaning given in sections 17A(7) and 219(1) of the Water Industry Act 1991 F318.

F312S.I. 2016/618; relevant amending instruments are S.I. 2017/506, 2018/707 and 2019/558.

F313S.I. 2016/614; relevant amending instruments are S.I. 2017/506, 2018/706 and 378, 2019/526 and 558.

F314S.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).

F315S.I. 2018/647 (W. 121), as amended by S.I. 2019/463 (W. 111).

F3161991 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.

F317The definition of “sewerage services” was amended by paragraph 120 of Schedule 7 to the Water Act 2014.

F318Section 17A was inserted by section 1 of the Water Act 2014.

Commencement Information

I50Sch. 4 para. 21 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

22.—(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 F319;

(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 F320.

F320And see section 2 of the Flood and Water Management Act 2010 for the meaning of “risk”.

Commencement Information

I51Sch. 4 para. 22 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

23.—(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 F321,

(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 F322,

(v)an LNG import or export facility as defined in section 48 of the Gas Act 1986 F323, or

(vi)a person holding a network licence under section 8 of the Railways Act 1993 F324,

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 F325;

(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 F326;

(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 F327.

F321S.I. 2014/3120. There are no relevant amending instruments.

F3221986 c. 44. Section 7ZA was inserted by section 149(6) of the Energy Act 2004.

F323The definition was inserted by S.I. 2011/2704.

F3241993 c. 43; there are amendments to section 8 but none is relevant.

F326There are amendments to section 83(1) but none is relevant.

F327The 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.

Commencement Information

I52Sch. 4 para. 23 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

24.—(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; or

(c)an agency inspector.

(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 F328;

(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)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 F329;

(d)nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965 F330.

F329The Nuclear Decommissioning Authority was established by section 1 of the Energy Act 2004.

F3301965 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”.

Commencement Information

I53Sch. 4 para. 24 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

25.  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 F331, who has travelled to the United Kingdom for the purposes of an inspection.E+W

Commencement Information

I54Sch. 4 para. 25 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

26.—(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 F332;

(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

I55Sch. 4 para. 26 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

27.—(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 F333.

F333The 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.

Commencement Information

I56Sch. 4 para. 27 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

28.—(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

I57Sch. 4 para. 28 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

29.—(1) A worker required to undertake or commence within the period during which they would, but for this paragraph [F334or regulation [F3353B]], have had to self-isolate in accordance with regulation 9—E+W

(a)activities on or in relation to an offshore installation;

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

(c)critical safety work on an 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),

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

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

(a)offshore installation” has the meaning given in section 44 of the Petroleum Act 1998 F336;

(b)upstream petroleum infrastructure” has the meaning given in section 9H of the Petroleum Act 1998 F337;

(c)well” has the meaning given in section 45A(10) of the Petroleum Act 1998 F338.

F3361998 c. 17. Section 44 was amended by paragraph 11 of Schedule 1 to the Energy Act 2008 (c. 32).

F337Section 9H was substituted by section 74(2) of the Energy Act 2016 (c. 20).

F338Section 45A was inserted by section 75(1) of the Energy Act 2008. There are amendments to section 45A(10) but none is relevant.

Commencement Information

I58Sch. 4 para. 29 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

30.  A postal operator, as defined in section 27(3) of the Postal Services Act 2011 F339, where they have travelled to the United Kingdom in the course of their work.E+W

Commencement Information

I59Sch. 4 para. 30 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

31.  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

I60Sch. 4 para. 31 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

32.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works (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

Commencement Information

I61Sch. 4 para. 32 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

33.—(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 9.

Commencement Information

I62Sch. 4 para. 33 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

34.—(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 33(2).

Commencement Information

I63Sch. 4 para. 34 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

35.  A person who is an “inspector” within the meaning given in regulation 8(1) of the Human Medicines Regulations 2012 F340, or who has been appointed as an inspector under regulation 33 of the Veterinary Medicines Regulations 2013 F341, and who has travelled to the United Kingdom to undertake activities in relation to their role as such a person.E+W

Commencement Information

I64Sch. 4 para. 35 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

36.—(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 F342,

(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.

F342S.I. 2004/1031, to which there are amendments not relevant to these Regulations.

Commencement Information

I65Sch. 4 para. 36 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

37.  A person who has travelled to the United Kingdom to conduct a “clinical investigation” within the meaning of the Medical Devices Regulations 2002 F343, 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

I66Sch. 4 para. 37 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

38.  A person who is—E+W

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

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

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

(d)a “qualified person (manufacture)” as referred to in paragraph 8(2) of Schedule 2 to the Veterinary Medicines Regulations 2013,

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

Commencement Information

I67Sch. 4 para. 38 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

39.—(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 F344.

Commencement Information

I68Sch. 4 para. 39 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

40.  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 2003 F345, 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.

F3452003 c. 21. The definition of “electronic communications network” was amended by S.I. 2011/1210.

Commencement Information

I69Sch. 4 para. 40 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

41.  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.

Commencement Information

I70Sch. 4 para. 41 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

42.—(1) A person ordinarily resident in the United Kingdom and who pursues a work-related activity in another country to which they usually travel at least once a week which is certified by their employer, or in the case of a self-employed person certified by them, as being—E+W

(a)an activity that cannot be done remotely; and

(b)critical.

(2) For the purposes of sub-paragraph (1), an activity is critical if—

(a)it would be defined as critical, or equivalent terminology, in legislation or guidance in use in that country; or

(b)if the country has no such definition, if a person is pursuing an activity which would fall under one of the other paragraphs in this Schedule if it were carried out in the United Kingdom.

Commencement Information

I71Sch. 4 para. 42 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

43.—(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 employer's 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

I72Sch. 4 para. 43 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F34643A.(1) A person who has an offer of employment for seasonal work to carry out specified poultry processing activities at 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 year;

(b)“specified poultry processing activities” means—

(i)catching poultry;

(ii)slaughtering poultry;

(iii)preparing and processing poultry meat;

(iv)packing poultry meat;

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

44.—(1) A domestic elite sportsperson, an international elite sportsperson, a domestic ancillary sportsperson or an international 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, F347...

(iii)

[F348broadcast staff and journalists covering that elite sports event, 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)

derives 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 category 2 country or territory, and

(c)

either—

(i)

has departed from or transited through the category 2 country or territory in order to compete in an elite sports event, or to participate in training for an Olympic or Paralympic 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 the Paris 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;

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 category 2 country or territory at any time in the period beginning with the 10th 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 5 (list of sporting events).

(3) For the purposes of sub-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 the Paris Olympic or Paralympic Games, or in the Commonwealth Games to be held in Birmingham;

(b)Olympic or Paralympic event” means a specified competition or other sporting event in which the participants compete to qualify for the right to represent Great Britain and Northern Ireland at the Tokyo [F349or Beijing] Olympic or Paralympic Games or the Paris Olympic or Paralympic Games;

(c)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 the Paris Olympic or Paralympic Games, or

(ii)that sportsperson's nation at the Commonwealth Games to be held in Birmingham;

(d)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 the Paris Olympic or Paralympic Games; or

(ii)that sportsperson's nation at the Commonwealth Games to be held in Birmingham.

(4) The conditions referred to in regulation 9(15)(e) are—

(a)where P is a domestic elite sportsperson of a kind described in paragraph (c)(i) of the definition of that expression in sub-paragraph (2) [F350or sub-paragraph (1)(lb) of paragraph 2 of Schedule 11]

(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 domestic elite sportsperson returning to England from competing in an elite sports event or participating in training for an Olympic or Paralympic event,

[F351(ii)P travels directly to, and remains in any place where P is self-isolating, apart from—

(aa)when P is travelling to or from, or attending the location of, an elite sports event in which they are competing or training for an elite sports event, or travelling between different locations where such an elite sports event or training for an elite sports event is taking place,

(bb)if P is self-isolating as a result of being or having been a person described in sub-paragraph (1)(lb) of paragraph 2 of Schedule 11, when P is travelling directly to leave England to compete in an elite sports event in a category 2 country or territory, or travelling directly to their place of self-isolation on their return to England thereafter, and]

(iii)at all times when P is not self-isolating [F352in England] P remains in isolation with any other domestic elite sportspersons [F353, international elite sportspersons or other participants] who are competing in or training for that elite sports event or with domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event [F354, or other individuals essential to the support of a sportsperson participating in that elite sports event];

(b)where P is a domestic elite sportsperson of a kind described in paragraph (c)(ii) of the definition of that expression in sub-paragraph (2)—

(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 domestic elite sportsperson who has travelled to England to participate in training for or to compete in an elite sports event,

(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 in which they are competing or training for an elite sports event, or travelling between different locations where such 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 domestic elite sportspersons [F355, international elite sportspersons or other participants] who are competing in or training for that elite sports event or with domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event [F356, or other individuals essential to the support of a sportsperson participating in that elite sports event];

(c)where P is a domestic 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 a domestic ancillary sportsperson returning to England having been involved in the running of an elite sports event or the support of a domestic elite sportsperson,

(ii)P travels directly to, and remains in any place where P is self-isolating, apart from when P—

(aa)is travelling to or from, or attending the location of, any place in which P's presence is essential to the running of an elite sports event,

(bb)is travelling to or from, or attending the location of, any place in which P provides essential support to a domestic elite sportsperson who is competing in or training for an elite sports event,

(cc)is travelling between different locations where any activity described in paragraph (aa) or (bb) is taking place, and

(iii)at all times when P is not self-isolating P remains in isolation with domestic elite sportspersons [F357, international elite sportspersons or other participants] who are competing in or training for that elite sports event or with domestic ancillary sportspersons or international ancillary sportspersons involved in that elite sports event [F358, or other individuals essential to the support of a sportsperson participating in that elite sports event];

(d)where P is an international elite sportsperson [F359of a kind defined in sub-paragraph (2) or described in sub-paragraph (1)(la) of paragraph 2 of Schedule 11]

(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 [F360, domestic elite sportspersons or other participants] who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition [F361, or other individuals essential to the support of a sportsperson participating in the specified competition]; and

(e)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,

[F362(ii)P travels directly to, and remains in any place where P is self-isolating, apart from when P—

(aa)is travelling to or from, or attending the location of, any place in which P’s presence is essential to the running of a specified competition;

(bb)is travelling to or from, or attending the location of, any place in which P provides essential support to an international elite sportsperson who is competing in or training for a specified competition;

(cc)is travelling between different locations where any activity described in paragraph (aa) or (bb) is taking place, and]

(iii)at all times when P is not self-isolating P remains in isolation with international elite sportspersons [F363, domestic elite sportspersons or other participants] who are competing in or training for the specified competition or with international ancillary sportspersons or domestic ancillary sportspersons involved in the specified competition [F364, or other individuals essential to the support of a sportsperson participating in the specified competition].

(5) When considering whether a person derives a living from competing in a sport for the purposes of sub-paragraphs (2) and (3), any payment made for a person's benefit by reason of their competing in a particular sport is to be taken into account, including payment by way of salary, prize money or through a contractual arrangement of any other kind.

Commencement Information

I73Sch. 4 para. 44 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

F36544A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F366 44B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

45.—(1) A person who has travelled to the United Kingdom for the purposes of essential work carried out for or on behalf of the nominated undertaker.E+W

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

(a)essential work” means work which has been designated as such by the Secretary of State for Transport and includes, in particular, work done or required for Phase One purposes as defined in section 67 of the High Speed Rail (London-West Midlands) Act 2017 F367;

(b)“nominated undertaker” is the person appointed by article 2(1) of the High Speed Rail (London-West Midlands) (Nomination) Order 2017 F368.

Commencement Information

I74Sch. 4 para. 45 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F36946.  A person who is travelling to the United Kingdom under, or who is accompanying someone travelling to the United Kingdom under, the Afghan Relocations and Assistance Policy or the Afghan Locally Employed Staff Ex-Gratia Scheme F370.]E+W

F370The Afghan Relocations and Assistance Policy can be found at https://www.gov.uk/government/publications/afghan-relocations-and-assistance-policy-information-and-guidance. The Afghan Locally Employed Staff Ex-Gratia Scheme can be found at https://www.gov.uk/government/publications/afghanistan-locally-employed-staff-ex-gratia-scheme/. Hard copies of these documents can be obtained from the Ministry of Defence, Whitehall, London SW1A 2HB.

[F37147.  An in-flight security officer deployed pursuant to an international agreement to which the United Kingdom is a party.E+W

48.(1) A senior executive.E+W

(2) The circumstances referred to in regulation 9(15)(ib) are—

(a)the senior executive is 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 9 and—

(i)if a multinational undertaking executive, the executive has a reasonable belief that the activity will more likely than not lead to the creation or continuation of employment for 500 employees or more in the United Kingdom-based branch or subsidiary of the overseas-based undertaking which that executive is visiting,

(ii)if an international undertaking executive, the 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, and

(c)the Secretary of State considers, on the basis of relevant information, that the circumstances in paragraphs (a) and (b) are satisfied, and has confirmed this in writing, and for these purposes “relevant information” means—

(i)information provided by the executive or the undertaking concerned, or

(ii)information otherwise available to the Secretary of State.

(3) This paragraph ceases to apply if the Secretary of State withdraws the confirmation referred to in sub-paragraph (2)(c).

(4) 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)an investment in a United Kingdom-based undertaking which will more likely than not lead to the creation or continuation of employment of 500 employees or more in that United Kingdom-based undertaking, or

(b)the establishment of a new business in the United Kingdom which will more likely than not, within the period of 24 months beginning with the date on which the international undertaking executive arrived in the United Kingdom, lead to the creation of employment for 500 employees or more in that new business.

(5) The Secretary of State may—

(a)require an undertaking which wishes to rely on the exemption for senior executives to provide any information the Secretary of State considers necessary for the purposes of sub-paragraph (2)(c);

(b)disclose any information provided under paragraph (a) to any person the Secretary of State considers appropriate in order to obtain advice or information as to whether the circumstances referred to in sub-paragraph (2)(a) and (b) are satisfied.

(6) 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 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 500 employees or more;

“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)

body corporate or partnership, including a body corporate or partnership co