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

Regulation 2(5)

SCHEDULE 4 Exemptions

1.—(1) A person (“P”), other than a person described in sub-paragraph (2), who is—

(a) a member of a diplomatic mission in the United Kingdom;

(b) a member of a consular post in the United Kingdom;

(c) an officer or servant of an international organisation;

(d) employed by an international organisation as an expert or on a mission;

(e) a representative to an international organisation;

(f) a representative at an international or United Kingdom conference who is granted privileges and immunities in the United Kingdom;

(g) a member of the official staff of a representative to an international organisation, or of a person falling within paragraph (f);

(h) described in paragraph (a) or (b) who is passing through the United Kingdom to commence or continue their functions at a diplomatic mission or consular post in another country or territory, or to return to the country of their nationality;

(i) a representative of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom;

(j) a representative of the government of a British overseas territory;

(k) a diplomatic courier or a consular courier;

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

(2) A person (“P”) where—

(a) P either—

(i) travelled to the United Kingdom for the purpose of attending or facilitating a G7 event, and P is in England for the purpose of attending or facilitating a G7 event or of travelling in order to leave England, 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 G7 event;

(b) P has been invited by Her Majesty’s Government to attend or facilitate the event;

(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.

(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, or conference, office representing a foreign territory in the United Kingdom or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that—

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

(ii) that work cannot be undertaken whilst P is complying with regulation 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—

(a) “consular courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a consular courier in accordance with Article 35(5) of the Vienna Convention on Consular Relations of 1963;

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

(c) “diplomatic courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a diplomatic courier in accordance with Article 27(5) of the Vienna Convention on Diplomatic Relations of 1961;

(d) “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 sub-paragraph (a), between representatives of States, foreign territories or organisations which are represented at such an event;

(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(1), 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(2);

(h) “relevant person” means—

(i) where P is to attend or facilitate a G7 event on behalf of a State, a foreign territory or an organisation, the head of the relevant mission or post, the office representing the foreign territory in the United Kingdom or the organisation,

(ii) where P is to attend or facilitate a G7 event on their own behalf, P.

(5) This paragraph is without prejudice to any immunity from jurisdiction or inviolability which is accorded to any person described in sub-paragraph (1) or (2) under the law of England and Wales apart from these Regulations.

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

(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, 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(3);

(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.

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

(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.

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—

(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, 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.

5.—(1) A road passenger transport worker.

(2) For the purposes of this paragraph—

(a) “road passenger transport worker” means—

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

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

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

(c) “public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 1981(4).

6.—(1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 1995(5), where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007.

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

7.  A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995(6), where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom.

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.

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.

(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 any 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.

10.  Any of the following who have travelled to the United Kingdom in the course of their work—

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

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

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

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

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

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

(2) For the purposes of this paragraph—

(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 10(1)(b).

12.—(1) A transit passenger.

(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.

13.—(1) A road haulage worker.

(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(7);

(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(8), and who is acting in the course of their employment.

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

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.

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

(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(10);

(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.

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.

(2) For the purposes of sub-paragraph (1) “essential government work” and “essential state business” have the same meaning as in paragraph 16.

18.  A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 1984(11).

19.  A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003(12) or sought for extradition pursuant to any other extradition arrangements.

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.

21.—(1) Workers engaged in essential or emergency works—

(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(13), the Water Supply (Water Quality) Regulations 2016(14), the Private Water Supplies (Wales) Regulations 2017(15), or the Water Supply (Water Quality) Regulations 2018(16);

(b) “sewerage licensee” means the holder of a sewerage licence under section 17BA of the Water Industry Act 1991(17);

(c) “sewerage services” has the meaning given in section 219(1) of the Water Industry Act 1991(18);

(d) “water supply licensee” has the meaning given in sections 17A(7) and 219(1) of the Water Industry Act 1991(19).

22.—(1) Workers engaged in essential or emergency works relating to flood and coastal erosion risk management on behalf of—

(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(20);

(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(21).

23.—(1) Workers engaged in essential or emergency works—

(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(22),

(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(23),

(v) an LNG import or export facility as defined in section 48 of the Gas Act 1986(24), or

(vi) a person holding a network licence under section 8 of the Railways Act 1993(25),

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(26);

(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(27);

(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(28).

24.—(1) A person who is—

(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(29);

(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(30);

(d) “nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965(31).

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(32), who has travelled to the United Kingdom for the purposes of an inspection.

26.—(1) A person who is—

(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(33);

(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.

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.

(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(34).

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—

(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.

29.—(1) A worker required to undertake or commence within the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulation 9—

(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(35);

(b) “upstream petroleum infrastructure” has the meaning given in section 9H of the Petroleum Act 1998(36);

(c) “well” has the meaning given in section 45A(10) of the Petroleum Act 1998(37).

30.  A postal operator, as defined in section 27(3) of the Postal Services Act 2011(38), where they have travelled to the United Kingdom in the course of their work.

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.

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.

33.—(1) Any of the following—

(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.

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.

(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).

35.  A person who is an “inspector” within the meaning given in regulation 8(1) of the Human Medicines Regulations 2012(39), or who has been appointed as an inspector under regulation 33 of the Veterinary Medicines Regulations 2013(40), and who has travelled to the United Kingdom to undertake activities in relation to their role as such a person.

36.—(1) A person who—

(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(41),

(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.

37.  A person who has travelled to the United Kingdom to conduct a “clinical investigation” within the meaning of the Medical Devices Regulations 2002(42), 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.

38.  A person who is—

(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.

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

(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(43).

40.  A person who is engaged in urgent or essential work—

(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(44), 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.

41.  A person—

(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.

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—

(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.

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.

(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.

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

(2) For the purposes of this paragraph—

“domestic ancillary sportsperson” means an individual essential to—

(a)

the running of an elite sports event including—

(i)

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

(ii)

event officials and referees, or

(b)

the support of a domestic elite sportsperson including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual sportsperson medical and technical support staff,

(iii)

horse grooms and trainers,

(iv)

motorsport mechanics and technical staff,

(v)

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

“domestic elite sportsperson” means an individual who—

(a)

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 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)—

(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,

(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 or international elite sportspersons 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;

(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 or international elite sportspersons 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;

(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 or international elite sportspersons 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;

(d) where P is an international elite sportsperson—

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

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

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

(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,

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

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

(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.

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.

(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(45);

(b) “nominated undertaker” is the person appointed by article 2(1) of the High Speed Rail (London-West Midlands) (Nomination) Order 2017(46).

(1)

1968 c. 18. There are amendments but none is relevant.

(2)

1964 c. 81. There are amendments but none is relevant.

(3)

1989 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).

(4)

1981 c. 14; section 1 was amended by section 139(3) of and Schedule 8 to the Transport Act 1985 (c. 67).

(5)

1995 c. 21.

(6)

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

(7)

1988 c. 52. There are amendments to section 192 but none is relevant.

(8)

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

(9)

The 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).

(10)

1989 c. 6.

(11)

1984 c. 47.

(12)

2003 c. 41.

(13)

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

(14)

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

(15)

S.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).

(16)

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

(17)

1991 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.

(18)

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

(19)

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

(20)

2010 c. 29.

(21)

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

(22)

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

(23)

1986 c. 44. Section 7ZA was inserted by section 149(6) of the Energy Act 2004.

(24)

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

(25)

1993 c. 43; there are amendments to section 8 but none is relevant.

(26)

1989 c. 29.

(27)

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

(28)

The 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.

(29)

2000 c. 5.

(30)

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

(31)

1965 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”.

(32)

1996 c. 6.

(33)

2018 c. 5.

(34)

The 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.

(35)

1998 c. 17. Section 44 was amended by paragraph 11 of Schedule 1 to the Energy Act 2008 (c. 32).

(36)

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

(37)

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

(38)

2011 c. 5.

(39)

S.I. 2012/1916.

(40)

S.I. 2013/2033.

(41)

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

(42)

S.I. 2002/618.

(43)

S.I. 2018/506.

(44)

2003 c. 21. The definition of “electronic communications network” was amended by S.I. 2011/1210.

(45)

2017 c. 7.

(46)

S.I. 2017/184.