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

Regulation 10

SCHEDULE 11 Additional measures applicable to arrivals from category 3 countries and territories

Application of this Schedule

1.  Subject to paragraph 2, this Schedule applies to a person (“P”) who arrives in England from 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.

2.—(1) This Schedule does not apply where P is—

(a) a person described in paragraph 1(1)(a) to (h) or (k) of Schedule 4 (exemptions) 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) of Schedule 4 where the conditions in sub-paragraph (2) 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 sub-paragraph (2) 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 Schedule;

(d) a person described in paragraph 16(1)(b) or (c) of Schedule 4 where the relevant Department has certified that P meets that description and that P is not required to comply with this Schedule;

(e) 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, but for this paragraph, they would have had to self-isolate in accordance with this Schedule, or is returning from conducting such work outside of the United Kingdom, where the relevant Department has certified that P meets this description and that P is not required to comply with this Schedule;

(f) a person who is required to undertake essential or emergency work in the United Kingdom or is returning from conducting such work outside of the United Kingdom, where the relevant Department has certified P’s work as necessary and that P is not required to comply with this Schedule;

(g) a person who falls within any of the following paragraphs of Schedule 4—

(i) paragraph 1(2) (G7 attendees etc),

(ii) paragraph 2 (UK border activities),

(iii) paragraph 3 (defence activities),

(iv) paragraph 4 (border security),

(v) paragraph 6 (seamen and masters),

(vi) paragraph 7 (pilots),

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

(viii) paragraph 9 (members of aircraft crew),

(ix) paragraph 12 (transit passengers),

(x) paragraph 13 (road haulage workers) unless P has at any time during the period beginning with the 10th day before the date of P’s arrival in England departed from or transited through a country or territory listed in Schedule 4 apart from Turkey,

(xi) paragraph 18 or 19 (extradition escorts),

(xii) paragraph 34 (human tissue carriers);

(h) a domestic elite sportsperson of a kind described in paragraph (c)(i) of the definition of that expression in paragraph 44(2) of Schedule 4, provided they have departed from or transited through the category 3 country or territory in order to compete in an elite sports event specified in sub-paragraph (3), and have returned to England with the intention of continuing their activities as a sportsperson;

(i) a domestic ancillary sportsperson as defined in paragraph 44(2) of Schedule 4, provided—

(i) the elite sports event which they are helping to run is specified in sub-paragraph (3), or

(ii) the domestic elite sportsperson who they are supporting is competing in an elite sports event specified in sub-paragraph (3);

(j) a domestic elite sportsperson of a kind described in paragraph (c)(ii) of the definition of that expression in paragraph 44(2) of Schedule 4, provided the specified elite sports event for which they are travelling to England is also specified in sub-paragraph (3);

(k) an international elite sportsperson as defined in paragraph 44(2) of Schedule 4, provided the competition for which they are travelling to England is an elite sports event specified in sub-paragraph (3);

(l) an international ancillary sportsperson as defined in paragraph 44(2) of Schedule 4, provided—

(i) the specified competition which they are helping to run is an elite sports event specified in sub-paragraph (3), or

(ii) the international elite sportsperson who they are supporting is competing in an elite sports event specified in sub-paragraph (3).

(2) The conditions specified in this sub-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 Schedule.

(3) The following elite sports events are specified for the purposes of sub-paragraph (1)(h) to (l)—

(a) the 2020 UEFA European Football Championship;

(b) All England Lawn Tennis Club – The Championships, Wimbledon;

(c) England & Wales Cricket Board International Cricket fixtures;

(d) ICC World Test Championship Final;

(e) Lawn Tennis Association – Birmingham Classic;

(f) Lawn Tennis Association – Cinch Championships;

(g) Lawn Tennis Association – Eastbourne International;

(h) Lawn Tennis Association – Nottingham Open;

(i) Lawn Tennis Association – Nottingham Trophy.

(4) Where a word or expression is defined for the purposes of Schedule 4 and is used in this paragraph, the same definition applies for the purposes of this paragraph.

Limitation on ports of entry

3.  P may only enter England at a port designated for the purposes of this Schedule.

4.  The following ports are designated for the purposes of this Schedule—

(a) Heathrow Airport;

(b) Gatwick Airport;

(c) London City Airport;

(d) Birmingham Airport;

(e) Farnborough Airport;

(f) Bristol Airport;

(g) any military airfield or port.

Duties on arrival

5.  P must, on their arrival in England, be in possession of a managed self-isolation package.

6.  P must, on arrival in England, travel directly to the accommodation designated in the managed self-isolation package booked for P, using the means of transport designated in that package.

7.  If P is not in possession of a managed self-isolation package on their arrival in England, P must as soon as practicable obtain a managed self-isolation package and travel directly to the accommodation designated in that package, using the means of transport designated in that package.

8.  In this Schedule a “managed self-isolation package” means—

(a) a booking for a place in accommodation designated by the Secretary of State for the purposes of this Schedule;

(b) a booking for transport facilitated by the Secretary of State to the accommodation referred to in sub-paragraph (a); and

(c) a testing package required by regulation 6 (requirement to book and undertake tests).

Charge for managed self-isolation package

9.  The Secretary of State or a person designated by the Secretary of State may impose a charge in relation to the accommodation, transport and testing package mentioned in the definition of a “managed self-isolation package” and the Secretary of State may recover any sum owed by P pursuant to such a charge as a debt.

Duty to self-isolate and period of self-isolation

10.  Unless P leaves the common travel area where P is permitted to do so under these Regulations, P must self-isolate in the place in the accommodation designated in the managed self-isolation package until whichever is the later of—

(a) the end of the period of 10 days beginning with the day after P’s arrival in England;

(b) the end of the period for which P is required to self-isolate under Schedule 8 (mandatory testing after arrival in England).

Exceptions from duty to self-isolate

11.  Paragraph 10 does not require P to remain in self-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) from any person who is staying in the place where P is self-isolating whose assistance P reasonably requires by reason of—

(i) P being a child, or

(ii) any disability of P’s.

12.  Paragraph 10 does not require P to remain in self-isolation from a person (“V”) when V is at the place where P is self-isolating in exceptional circumstances such as—

(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(1);

(c) to provide medical assistance to P or to any other person who is staying 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 social services or services provided to victims (such as victims of crime).

Permitted reasons to leave or be outside place of self-isolation

13.—(1) 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 directly to a port to leave the common travel area;

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

(c) to take exercise;

(d) to visit a person (“D”) whom P reasonably believes is dying, and where P is a member of D’s household or a close family member or friend of D;

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

(f) in other exceptional circumstances such as—

(i) 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 and health practitioners, including services relating to mental health,

(ii) to access critical public services including social services or services provided to victims (such as victims of crime),

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

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

(2) P may only leave or be outside of the place where P is self-isolating in reliance on the grounds mentioned in sub-paragraph (1)(c), (d) or (e)—

(a) if P has been given prior permission by a person authorised by the Secretary of State for this purpose;

(b) if P complies with any reasonable requirements imposed by the person so authorised in relation to the exercise, the visit to the person or attendance at the funeral.

Meaning of “place”

14.  For the purposes of this Schedule the place referred to in paragraphs 8 to 13 means the room in the designated accommodation where P is staying and, if connected to the room where P is staying, the room of any person referred to in paragraph 11(a) (travelling companion), including any balcony, and does not include the communal areas or any garden, yard, passage, stair, garage, outhouse or appurtenance of the accommodation in which the place is situated.

Designations

15.  The Secretary of State must designate for the purposes of this Schedule—

(a) accommodation;

(b) transportation to the designated accommodation,

and must publish details of the designations in such manner as appears to the Secretary of State to be appropriate.

Duties where P is a child

16.  If P is a child—

(a) any person who has custody or charge of P when P is travelling to England must ensure, so far as is reasonably practicable, that P complies with the obligations in paragraphs 5 and 6;

(b) any person who has custody or charge of P during P’s period of self-isolation must ensure, so far as is reasonably practicable, that P self-isolates in accordance with this Schedule.

Person caring for P

17.  A person may reside in the place where P is residing pursuant to this Schedule to provide assistance P reasonably requires by reason of—

(a) P being a child; or

(b) any disability of P’s,

and paragraphs 10 to 13 apply to that person as they apply to P for the period those paragraphs apply to P.

Modification of application of this Schedule where P is a relevant person

18.—(1) Where P is a relevant person, this Schedule applies to P with the following modifications—

(a) the reference in paragraph 6 to the means of transport designated in the managed self-isolation package booked for P is to be read as a reference to transport determined by the Secretary of State;

(b) the references in paragraphs 6, 9 and 10 to a managed self-isolation package are to be read as references to a self-isolation package containing such provisions as to accommodation, transport and testing as the Secretary of State considers appropriate;

(c) paragraph 7 does not apply to P.

(2) P is a relevant person if—

(a) P is—

(i) a person requiring urgent medical assistance,

(ii) a person on immigration bail,

(iii) a person who has been detained by an immigration officer,

(iv) a person who has been refused leave to enter the UK,

(v) an illegal entrant,

(vi) an asylum seeker,

(vii) a person who is in police custody,

(viii) a prisoner,

(ix) an unaccompanied child, where it is not reasonable for a person with responsibility for P to reside with the child in accommodation designated by the Secretary of State for the purposes of this Schedule,

(x) a potential victim of modern slavery; and

(b) the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(3) P is also a relevant person if—

(a) P is, or was on the 1st September 2020, a child;

(b) P travels to the UK for the purposes of receiving education at a boarding school in England at which education and accommodation is due to be provided for P;

(c) P is not accompanied into the UK by an individual who has responsibility for P, or if P is aged 18 or over, would have had such responsibility if P were a child; and

(d) the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(4) P is also a relevant person if—

(a) P is vulnerable as a result of a severe medical or health condition;

(b) P would not receive appropriate support in designated accommodation and that condition would be severely detrimentally impacted if P were required to self-isolate in such accommodation;

(c) P has provided evidence from a suitably qualified or registered medical practitioner of the matters specified in paragraphs (a) and (b); and

(d) the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(5) P is also a relevant person if travelling with a person who is a relevant person by virtue of sub-paragraph (4), where it is necessary for P to care for that relevant person, and where the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(6) P is also a relevant person if—

(a) P needs to visit a person (“D”) whom P reasonably believes is dying, or where D is severely ill;

(b) P is a member of D’s household or a close family member or friend of D;

(c) it would not be reasonably practicable for P to visit D if P were required to self-isolate in designated accommodation; and

(d) the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(7) In this paragraph—

(a) “boarding school” means a school or college, which—

(i) provides accommodation for its pupils or, as the case may be, students on its own premises, or

(ii) arranges accommodation for its pupils or students to be provided elsewhere (other than in connection with a residential trip away from the school);

(b) “school” means—

(i) an alternative provision academy within the meaning of section 1C of the Academies Act 2010(2),

(ii) a community, foundation or voluntary school or a community or foundation special school within the meaning of section 20 of the School Standards and Framework Act 1998(3),

(iii) an independent school (as defined by section 463 of the Education Act 1996(4)) registered under section 95 of the Education and Skills Act 2008(5),

(iv) a non-maintained special school (as defined in section 337A of the Education Act 1996(6), or

(v) a pupil referral unit within the meaning of section 19(2B) of the Education Act 1996(7);

(c) “college” means—

(i) an institution within the further education sector within the meaning of section 91 of the Further and Higher Education Act 1992(8), or

(ii) a 16 to 19 Academy within the meaning of section 1B of the Academies Act 2010(9).

Modification of application of this Schedule where P is taking up employment as an NHS nurse

19.—(1) This paragraph applies where—

(a) on P’s arrival in England, P is entitled to enter the United Kingdom pursuant to a skilled worker visa granted in accordance with Appendix Skilled Worker to the immigration rules(10);

(b) P is eligible for the visa by virtue of being sponsored—

(i) for a job within the entry for occupation code 2231 (nurses) in Table 2 of Appendix Skilled Occupations to the immigration rules, and

(ii) by an NHS trust or an NHS foundation trust (“P’s sponsor”); and

(c) prior to P’s arrival in England, P’s sponsor has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

(2) Where this paragraph applies, this Schedule applies in relation to P as if—

(a) for paragraph 6 there were substituted—

“6.   P must, on arrival in England, travel directly to the accommodation specified in P’s managed self-isolation package, using the means of transport facilitated as part of that package.”;

(b) for paragraph 8 there were substituted—

“8.   In this Schedule a “managed self-isolation package” means—

(a) written confirmation from P’s sponsor of the details of—

(i) a place in accommodation provided by the sponsor for the purposes of this Schedule;

(ii) transport facilitated by the sponsor to the accommodation referred to in paragraph (i); and

(b) a testing package required by regulation 6.”;

(c) in paragraph 9, “accommodation, transport and” were omitted;

(d) in paragraph 10, for “designated” were substituted “specified”;

(e) in paragraph 14, “designated” were omitted.

(3) In this paragraph—

(a) “NHS foundation trust” has the meaning given in section 30 of the National Health Service Act 2006(11);

(b) “NHS trust” means an NHS trust established under section 25 of the National Health Service Act 2006.

(1)

2006 c. 47 paragraph 1(1B) was inserted by section 64 the Protection of Freedoms Act 2012 (c. 9) and paragraph 7(3B) was inserted by section 66 of that Act.

(2)

2010 c. 32; section 1C was inserted by section 53(7) of the Education Act 2011 (c. 21).

(3)

1998 c. 31; section 20 was amended by paragraph 95 of Schedule 21 to the Education Act 2002 (c. 32), paragraph 13 of Schedule 3 to the Education and Inspections Act 2006 (c. 40) and S.I. 2010/1158.

(4)

1996 c. 56; section 463 was substituted by section 172 of the Education Act 2002 and amended so far as relevant by paragraphs 1 and 43 of Schedule 3 to the Children and Families Act 2014 (c. 6) and S.I. 2010/1158

(5)

2008 c. 25

(6)

1996 c. 56; section 337A was substituted by section 142(1) of the Education and Skills Act 2008 (c. 25).

(7)

Section 19(2B) was amended so far as relevant by section 47 of and Schedule 8 to the Education Act 1997, section 3 of and paragraph 1 of Schedule 3 and Schedule 4 to the Children, Schools and Families Act 2010, section 101 of the Education and Inspections Act 2006, S.I. 2007/1507 and S.I. 2010/1158.

(8)

1992 c. 13; section 91 was amended in so far as relevant by paragraph 42 of Schedule 9 and Schedule 11 to the Learning and Skills Act 2000 (c. 21), paragraph 13 of Schedule 8 to the apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and by paragraphs 23 and 26 of Schedule 8 to the Higher Education and Research Act 2018 (c. 29).

(9)

Section 1B was inserted by section 53(7) of the Education Act 2011.

(10)

Laid before Parliament on 23rd May 1994 (HC 395), as amended. Appendix Skilled Worker and Appendix Skilled Occupations were laid before Parliament on 22nd October 2020 as part of a command paper that amended the immigration rules entitled “Statement of Changes in Immigration Rules” (HC 813). Appendix Skilled Worker and Appendix Skilled Occupations were amended by the statement of changes in immigration rules presented to Parliament on 4th March 2021 (HC 1248).

(11)

2006 c. 41. Section 30 was amended by section 159 of the Health and Social Care Act 2012 (c. 7).