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

Status:

Point in time view as at 07/12/2021.

Changes to legislation:

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SCHEDULES

Regulation 2(1)

SCHEDULE 1E+WCategory 1 countries and territories

Commencement Information

I1Sch. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

E+W

[F1There are no countries and territories specified in this Schedule]

Textual Amendments

Regulation 2(1)

SCHEDULE 2E+WCategory 2 countries and territories

Commencement Information

I2Sch. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

E+W

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

I3Sch. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

E+W

  • [F2Angola]

  • [F3Botswana]

  • [F3Eswatini]

  • [F3Lesotho]

  • [F2Malawi]

  • [F2Mozambique]

  • [F3Namibia]

  • [F4Nigeria]

  • [F3South Africa]

  • [F2Zambia]

  • [F3Zimbabwe]

Textual Amendments

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;

F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)a member of the official staff of a representative to an international organisation F6...;

(h)F7... 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 [F8relevant international] event, and P is in England for the purpose of attending or facilitating a [F8relevant international] event or of travelling in order to leave [F9the 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 [F8relevant international] event;

(b)P has been invited by Her Majesty's Government to attend or facilitate the event F10...;

(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 [F11and has not withdrawn this confirmation].

[F12(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 F13... 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 [F14international 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—

[F15(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;

[F16(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;

[F17(ca)“a Future Tech Forum event” means—

(i)the Future Tech Forum being hosted by Her Majesty’s Government on 29th and 30th November 2021;

(ii)a meeting, connected to the Future Tech Forum referred to in sub-paragraph (i), between representatives of States, foreign territories or organisations which are represented at the Future Tech Forum or between such organisations and an individual who has been invited by Her Majesty’s Government to attend or facilitate the Future Tech Forum on their own behalf;]

(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 [F18sub-paragraph (i)], between representatives of States, foreign territories or organisations which are represented at such an event;

F19(da). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20(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 M1, 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 M2;

[F21(ga)“relevant international event” means—

(i)a G7 event;

F22(ia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)a COP [F23Ministerial] Meeting;

F24(iia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(iv)a Global Investment Summit event;

(v)a Conference on Security Sector Reform event;]

[F27(vi)a Future Tech Forum event;]]

F28(gb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)“relevant person” means—

(i)where P is to attend or facilitate a [F29relevant international event] F30... on behalf of a State, a foreign territory or an organisation, the head of the relevant mission or [F31consular] post, the office representing the foreign territory in the United Kingdom or the organisation, [F32or]

(ii)where P is to attend or facilitate a [F29relevant international event] on their own behalf, P,

F33(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F34(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.]

[F35(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.]

Textual Amendments

Commencement Information

I4Sch. 4 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M11968 c. 18. There are amendments but none is relevant.

M21964 c. 81. There are amendments but none is relevant.

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 [F36or regulation [F373B]], 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 M3;

(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.

Textual Amendments

Commencement Information

I5Sch. 4 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M31989 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).

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

I6Sch. 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 [F38or regulation [F393B]], 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.

Textual Amendments

Commencement Information

I7Sch. 4 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F404A.  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

Textual Amendments

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 M4.

Commencement Information

I8Sch. 4 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M41981 c. 14; section 1 was amended by section 139(3) of and Schedule 8 to the Transport Act 1985 (c. 67).

6.—(1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 1995 M5, 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

I9Sch. 4 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

[F416A.—(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.]

Textual Amendments

7.  A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995 M6, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom.E+W

Commencement Information

I10Sch. 4 para. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M6Schedule 3A was inserted by Schedule 1 to the Marine Safety Act 2003 (c. 16).

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

I11Sch. 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 F42... 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.

Textual Amendments

Commencement Information

I12Sch. 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

I13Sch. 4 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

11.—(1) The condition mentioned in [F43[F44regulation] 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 [F4510(b)].

Textual Amendments

Commencement Information

I14Sch. 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

I15Sch. 4 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F4612A.—(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.]

Textual Amendments

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 M7;

(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 M8, and who is acting in the course of their employment.

Commencement Information

I16Sch. 4 para. 13 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M71988 c. 52. There are amendments to section 192 but none is relevant.

M8OJ No. L 300, 14.11.2009, p. 72.

14.  Civil aviation inspectors, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7th December 1944 M9, where they have travelled to the United Kingdom when engaged on inspection duties.E+W

Commencement Information

I17Sch. 4 para. 14 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M9The 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).

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

I18Sch. 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 M10;

(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

I19Sch. 4 para. 16 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

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

I20Sch. 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 M11.E+W

Commencement Information

I21Sch. 4 para. 18 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

19.  A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003 M12 or sought for extradition pursuant to any other extradition arrangements.E+W

Commencement Information

I22Sch. 4 para. 19 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

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

I23Sch. 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 M13, the Water Supply (Water Quality) Regulations 2016 M14, the Private Water Supplies (Wales) Regulations 2017 M15, or the Water Supply (Water Quality) Regulations 2018 M16;

(b)“sewerage licensee” means the holder of a sewerage licence under section 17BA of the Water Industry Act 1991 M17;

(c)“sewerage services” has the meaning given in section 219(1) of the Water Industry Act 1991 M18;

(d)“water supply licensee” has the meaning given in sections 17A(7) and 219(1) of the Water Industry Act 1991 M19.

Commencement Information

I24Sch. 4 para. 21 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M13S.I. 2016/618; relevant amending instruments are S.I. 2017/506, 2018/707 and 2019/558.

M14S.I. 2016/614; relevant amending instruments are S.I. 2017/506, 2018/706 and 378, 2019/526 and 558.

M15S.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).

M16S.I. 2018/647 (W. 121), as amended by S.I. 2019/463 (W. 111).

M171991 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.

M18The definition of “sewerage services” was amended by paragraph 120 of Schedule 7 to the Water Act 2014.

M19Section 17A was inserted by section 1 of the Water Act 2014.

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 M20;

(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 M21.

Commencement Information

I25Sch. 4 para. 22 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M21And see section 2 of the Flood and Water Management Act 2010 for the meaning of “risk”.

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 M22,

(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 M23,

(v)an LNG import or export facility as defined in section 48 of the Gas Act 1986 M24, or

(vi)a person holding a network licence under section 8 of the Railways Act 1993 M25,

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 M26;

(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 M27;

(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 M28.

Commencement Information

I26Sch. 4 para. 23 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M22S.I. 2014/3120. There are no relevant amending instruments.

M231986 c. 44. Section 7ZA was inserted by section 149(6) of the Energy Act 2004.

M24The definition was inserted by S.I. 2011/2704.

M251993 c. 43; there are amendments to section 8 but none is relevant.

M27There are amendments to section 83(1) but none is relevant.

M28The 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.

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 M29;

(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 M30;

(d)“nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965 M31.

Commencement Information

I27Sch. 4 para. 24 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M30The Nuclear Decommissioning Authority was established by section 1 of the Energy Act 2004.

M311965 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”.

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 M32, who has travelled to the United Kingdom for the purposes of an inspection.E+W

Commencement Information

I28Sch. 4 para. 25 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

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 M33;

(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

I29Sch. 4 para. 26 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

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 M34.

Commencement Information

I30Sch. 4 para. 27 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M34The 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.

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

I31Sch. 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 [F47or regulation [F483B]], 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 M35;

(b)“upstream petroleum infrastructure” has the meaning given in section 9H of the Petroleum Act 1998 M36;

(c)“well” has the meaning given in section 45A(10) of the Petroleum Act 1998 M37.

Textual Amendments

Commencement Information

I32Sch. 4 para. 29 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M351998 c. 17. Section 44 was amended by paragraph 11 of Schedule 1 to the Energy Act 2008 (c. 32).

M36Section 9H was substituted by section 74(2) of the Energy Act 2016 (c. 20).

M37Section 45A was inserted by section 75(1) of the Energy Act 2008. There are amendments to section 45A(10) but none is relevant.

30.  A postal operator, as defined in section 27(3) of the Postal Services Act 2011 M38, where they have travelled to the United Kingdom in the course of their work.E+W

Commencement Information

I33Sch. 4 para. 30 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

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

I34Sch. 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

I35Sch. 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

I36Sch. 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

I37Sch. 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 M39, or who has been appointed as an inspector under regulation 33 of the Veterinary Medicines Regulations 2013 M40, and who has travelled to the United Kingdom to undertake activities in relation to their role as such a person.E+W

Commencement Information

I38Sch. 4 para. 35 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

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 M41,

(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.

Commencement Information

I39Sch. 4 para. 36 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M41S.I. 2004/1031, to which there are amendments not relevant to these Regulations.

37.  A person who has travelled to the United Kingdom to conduct a “clinical investigation” within the meaning of the Medical Devices Regulations 2002 M42, 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

I40Sch. 4 para. 37 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

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

I41Sch. 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 M43.

Commencement Information

I42Sch. 4 para. 39 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

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 M44, 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.

Commencement Information

I43Sch. 4 para. 40 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M442003 c. 21. The definition of “electronic communications network” was amended by S.I. 2011/1210.

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

I44Sch. 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

I45Sch. 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

I46Sch. 4 para. 43 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F4943A.—(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.]

Textual Amendments

[F5043B.—(1) A person who has an offer of employment to carry out specified pork processing activities at specified premises.E+W

(2) For the purposes of sub-paragraph (1)—

(a)“specified pork processing activities” means—

(i)slaughtering and butchering pigs;

(ii)preparing and processing pig meat;

(b)“specified premises” means the slaughterhouse, processing site or farm named in the offer of employment.]

Textual Amendments

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, F51...

(iii)

[F52broadcast 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 [F53or 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) [F54or 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,

[F55(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 [F56in England] P remains in isolation with any other domestic elite sportspersons [F57, 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 [F58, 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 [F59, 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 [F60, 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 [F61, 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 [F62, or other individuals essential to the support of a sportsperson participating in that elite sports event];

(d)where P is an international elite sportsperson [F63of 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 [F64, 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 [F65, 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,

[F66(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 [F67, 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 [F68, 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.

Textual Amendments

Commencement Information

I47Sch. 4 para. 44 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

F6944A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F70 44B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

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 M45;

(b)“nominated undertaker” is the person appointed by article 2(1) of the High Speed Rail (London-West Midlands) (Nomination) Order 2017 M46.

Commencement Information

I48Sch. 4 para. 45 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

[F7146.  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 F72.]E+W

Textual Amendments

F72The 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.

[F7347.  An in-flight security officer deployed pursuant to an international agreement to which the United Kingdom is a party.E+W

Textual Amendments

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 constituted under the law of a country or territory outside the United Kingdom, or

(b)

an unincorporated association carrying on a trade or business,

and whether an undertaking is a subsidiary of another undertaking is to be determined in accordance with section 1162 of the Companies Act 2006;

“United Kingdom-based undertaking” means—

(a)

an undertaking whose principal place of business is in the United Kingdom and which has 500 employees or more, or

(b)

a United Kingdom branch of an overseas-based undertaking which has 500 employees or more in the United Kingdom.]

Textual Amendments

F7449.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F7550.—(1) A performing arts professional working in connection with a performing arts event.E+W

(2) For the purposes of this paragraph—

(a)“domestic performing arts professional” means a performing arts professional who is habitually resident in the United Kingdom and has returned to England, having travelled to or transited through a category 2 country or territory in order to work in connection with a performing arts event;

(b)“international performing arts professional” means a performing arts professional who is not habitually resident in the United Kingdom and travels to England in order to work in connection with a performing arts event after departing from or transiting through a category 2 country or territory;

(c)“performing arts activity” means—

(i)a dramatic production, including a performance of a play, opera, musical or other dramatic piece,

(ii)a reading or recitation,

(iii)a performance of live music,

(iv)a recording of a performance of live music which is—

(aa)broadcast, at the time of the performance or later, to the general public, or

(bb)released, at the time of the performance or later, to the paying public (by digital or other means),

(v)a music video production,

(vi)a performance of dance, or

(vii)an event that combines more than one of the activities set out at sub-paragraphs (i) to (vi);

(d)“performing arts event”, in relation to a performing arts professional, means an event—

(i)at which a performing arts activity takes place, and

(ii)for which the performing arts professional is paid;

(e)“performing arts professional” means an individual who—

(i)is a domestic performing arts professional or an international performing arts professional,

(ii)derives a living from the performing arts, and

(iii)holds a certificate issued by Arts Council England in accordance with ‘Travelling or returning to England for work as a performing arts professional during COVID-19: Self-isolation Exemptions Guidance’ published by Arts Council England on 17th September 2021F76.

Textual Amendments

F76A digital copy of this guidance can be found at https://www.artscouncil.org.uk/covid-19/self-isolation-exemptions. A hard copy is available at the following address: Exemptions (Investment Centre), Arts Council England, The Hive, 49 Lever Street, Manchester, M1 1FN.

51.—(1) A person engaged in film or high end TV production.E+W

(2) For the purposes of sub-paragraph (1)—

(a)a person is engaged in film production if engaged in the making of a film which is a British film for the purposes of Schedule 1 to the Films Act 1985, and

(b)a person is engaged in high end TV production if working on the making of a television programme which is a British programme for the purposes of Part 15A of the Corporation Tax Act 2009.

Textual Amendments

52.—(1) A government contractor—E+W

(a)who is employed or engaged to provide support and advice—

(i)about border controls and preparedness for those controls,

(ii)to road haulage workers, and

(iii)on board a vessel during any voyage between a port in England and the port of Bilbao, Caen, Calais, Cherbourg, Dieppe, Dunkirk, Hook of Holland, Rotterdam or Santander, and

(b)who has travelled to the United Kingdom in the course of that work.

(2) For the purposes of sub-paragraph (1)—

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

(b)“road haulage worker” has the meaning given in paragraph 13(2)(c).]

Textual Amendments

Regulation 3(12)

[F77SCHEDULE 4AE+W

Textual Amendments

[F78PART 1E+WApplication of Regulations to Conference of the Parties participants

Textual Amendments

1.—(1) These Regulations apply in relation to participants in the COP World Leaders summit event (“the WLS event”) and the COP with the modifications contained in this Schedule.E+W

(2) A person (“P”) is a participant in the WLS event for the purposes of sub-paragraph (1) where sub-paragraph (3) and (4) apply in relation to P.

(3) P—

(a)either—

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

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

(4) The relevant person has—

(a)provided written confirmation to the Foreign, Commonwealth and Development Office that P will comply with the health protocols for the WLS event; and

(b)received written confirmation from the Foreign, Commonwealth and Development Office that P is a person described in sub-paragraph (2) and the Foreign, Commonwealth and Development Office has not withdrawn the confirmation.

(5) Where P is—

(a)attending or facilitating the WLS event on behalf of a State, the relevant person for the purposes of sub-paragraph (4) is the relevant head of the mission or head of consular post in the United Kingdom, or, where no such person exists, the Minister for Foreign Affairs or a person acting on their authority;

(b)attending or facilitating the WLS event on behalf of a foreign territory, the relevant person for the purposes of sub-paragraph (4) is the head of the office representing the foreign territory in the United Kingdom;

(c)attending or facilitating the WLS event on behalf of an organisation, the relevant person for the purposes of sub-paragraph (4) is the head of the organisation;

(d)attending or facilitating the WLS event on their own behalf, the relevant person for the purposes of sub-paragraph (4) is P.

(6) For the purposes of sub-paragraph (5) “head of the mission” and “head of consular post” have the same meaning as in paragraph 1(4) of Schedule 4.

(7) A person (“P”) is a participant in the COP for the purposes of sub-paragraph (1) where sub-paragraph (8) applies in relation to P.

(8) P—

(a)either—

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

(b)is a person who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat;

(c)has provided written confirmation to the Cabinet Office that P will comply with the health protocols for the COP; and

(d)has received written confirmation from the Cabinet Office that P is a person described in this sub-paragraph and the Cabinet Office has not withdrawn the confirmation.

WLS invitees and Part 2 participantsE+W

2.—(1) This paragraph applies to a person (“P”) who is—

(a)a person invited by Her Majesty’s Government to attend the WLS event;

(b)a person invited by Her Majesty’s Government to attend both the WLS event and the COP; or

(c)a person described in Part 2 of this Schedule.

(2) Where this paragraph applies—

(a)P is not required to comply with regulation 3 (requirement on passengers to provide information);

F79(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)Part 1B of these Regulations does not apply in relation to P;

(d)F80... Part 2 of these Regulations does not apply in relation to P.

Textual Amendments

Eligible category 2 participantsE+W

3.—(1) This paragraph applies to a person (“P”) who—

(a)is not a person to whom paragraph 2 of this Schedule applies;

(b)is a person who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat;

(c)meets the conditions in regulation 3B (eligible travellers) as that regulation applies in relation to P with the modifications made by this paragraph.

(2) Regulation 3A (interpretation of Part) applies in relation to P as if, for the definition of “authorised vaccine”, there were substituted—

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

(i)

following evaluation by the regulator for a country or territory, or

(ii)

otherwise by the government of a country or territory, or pursuant to its authority;”.

(3) Regulation 3B applies in relation to P as if in paragraph (1)(b) the reference to regulations 3C to 3H were a reference to 3C to 3G.

(4) Regulation 3C applies in relation to P as if—

(a)paragraph (1)(b) to (e) were omitted;

(b)for paragraph (2)(a) there were substituted—

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

(c)paragraph (3) were omitted.

(5) These Regulations apply in relation to P as if for regulations 3D and 3E there were substituted—

“3D.  P meets the requirements of this regulation if P has participated, or is participating in a clinical trial regulated by the relevant regulator in the country or territory where the trial is carried out, of a vaccine for vaccination against coronavirus and has declared on the Passenger Locator Form that P meets the COVID-19 vaccine eligibility criteria.”.

F81(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) These Regulations apply in relation to P as if regulation and 3H and 3I were omitted.

(8) Regulation 3J applies in relation to P as if—

(a)paragraphs (2) to (5) were omitted;

(b)the reference in each of paragraphs (6) and (7) to “the day 2 test” were a reference to “a day 2 test”.

(9) These Regulations apply in relation to P as if paragraph 10(3) to (5) of Schedule 8 were omitted.

F82(9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) These Regulations apply in relation to P as if F83... Part 2 of these Regulations does not apply to P.

Textual Amendments

Non-eligible category 2 participantsE+W

4.—(1) This paragraph applies to a person (“P”) who—

(a)is not a person to whom paragraph 2 of this Schedule applies;

(b)is a person who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat;

(c)meets the condition in regulation 3B(1)(a) but does not meet the condition in regulation 3B(1)(b) as if that regulation has effect with the modifications made by paragraph 3(2) to (7).

(2) Where this paragraph applies these [F84Regulations] apply in relation to P as if—

(a)other than [F85regulation 6] and Schedule 8, Part 2 of these Regulations does not apply to P;

(b)for the purpose of regulation 6, paragraph (12)(c)(ii) applies to P (meaning that the testing package required for P includes a day 2 and a day 8 test);

(c)paragraphs (3) to (5) and (11) of regulation 6 were omitted;

(d)in Schedule 8—

(i)paragraph 3(2) provided for regulation 2A of the Self Isolation Regulations to continue to apply to a person within this paragraph.

(ii)paragraph 10(3) to (5) were omitted.

Textual Amendments

Eligible category 3 participantsE+W

5.—(1) This paragraph applies to a person (“P”) who—

(a)is not a person to whom paragraph 2 of this Schedule applies;

(b)is a person who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat;

(c)does not meet the condition in regulation 3B(1)(a);

(d)meets the condition in regulation 3B(1)(b) as if that regulation has effect with the modifications made by paragraph 3(2) to (7) and the further modification made by sub-paragraph (2)(a).

(2) Where this paragraph applies, these Regulations apply in relation to P with following modifications—

(a)regulation 3C(1)(a) applies as if for “14th day” there were substituted “9th day”;

(b)Schedule 8 applies as if it required that—

(i)if the day 2 test taken by P generates a negative result, P is required to self-isolate in accordance with Schedule 11, as modified by this paragraph, until the end of the 5th day after P entered the designated accommodation,

(ii)if the day 8 test taken by P generate a positive result, P is required to self-isolate in accordance with regulation 2A of the Self-Isolation Regulations until the end of the 10th day after the day P undertook the test,

(iii)if the day 8 test taken by P generates an inconclusive result, P is required to self-isolate in accordance with regulation 2A of the Self-Isolation Regulations until the end of the 10th day after the day P undertook the test, or take a test of the description in paragraph 3(7)(b) of Schedule 8 (“the subsequent test”), in which case—

(aa)if the subsequent test generates a positive result, P must self-isolate in accordance with regulation 2A of the Self-Isolation Regulations until the end of the 10th day after the day P undertook that test,

(bb)if the subsequent test generates a negative result, P may cease self-isolation immediately;

(c)paragraph 10(a) of Schedule 11 applies as if instead of “10 days” there were specified “5 days”.]

[F86PART 2] E+WConference of the Parties Representatives

Textual Amendments

1.  A representative of a party to the United Nations Framework Convention on Climate Change, a party to the Kyoto Protocol or a party to the Paris Agreement who is, or is to be, a representative at the COP.E+W

2.  A representative of an observer state who is, or is to be, a representative at the COP.E+W

3.  A representative of the Executive Board of the Clean Development Mechanism who is, or is to be, a representative at a meeting hosted by the Executive Board forming part of the COP.E+W

4.  An executive head of a specialized agency of the United Nations, or a person acting on their behalf, who is, or is to be, a representative at the COP and who is participating in or performing official functions in connection with the COP.E+W

5.  An officer of a specialized agency of the United Nations, other than a person who is locally recruited and assigned to hourly rates of pay, who is, or is to be, a representative at the COP and who is participating in or performing official functions in connection with the COP.E+W

6.  An expert performing a mission for a specialized agency of the United Nations who is, or is to be, a representative at the COP and who is participating in or performing official functions in connection with the COP.E+W

7.  An official of the Adaptation Fund, the Green Climate Fund or the Global Environment Facility who is, or is to be, a representative at the COP and who is essential to the participation of that organisation in the COP in order to enable that organisation to discharge, and report on, its mandate to—E+W

(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, or

(c)the third session of the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement.

8.  An officer of the United Nations, other than a person who is locally recruited and assigned to hourly rates of pay, who is participating in or performing official functions in connection with the COP.E+W

9.  An expert, other than an officer of the United Nations, who is performing a mission on behalf of the United Nations in connection with the COP.E+W

10.  A representative of an international organisation, within the meaning of paragraph 1(4)(e) of Schedule 4, who is participating in or performing official functions in connection with the COP.E+W

11.  In this Schedule—E+W

(a)“observer state” means an observer state referred to in—

(i)paragraph 6 of Article 7 of the United Nations Framework Convention on Climate Change,

(ii)paragraph 8 of Article 13 of the Kyoto Protocol, or

(iii)paragraph 8 of Article 16 of the Paris Agreement;

(b)the specialized agencies of the United Nations are—

(i)the Food and Agriculture Organization;

(ii)the International Civil Aviation Organization;

(iii)the International Fund for Agricultural Development;

(iv)the International Labour Organization;

(v)the International Monetary Fund;

(vi)the International Maritime Organization;

(vii)the International Telecommunications Union;

(viii)the United Nations Educational, Scientific and Cultural Organization;

(ix)the United Nations Industrial Development Organization;

(x)the Universal Postal Union;

(xi)the World Bank, comprising—

(aa)the International Bank for Reconstruction and Development;

(bb)the International Development Association;

(cc)the International Finance Corporation;

(dd)the International Centre for Settlement of Investment Disputes; and

(ee)the Multilateral Investment Guarantee Agency;

(xii)the World Health Organization;

(xiii)the World Intellectual Property Organization;

(xiv)the World Meteorological Organization;

(xv)the World Tourism Organization.]

Paragraph 44(2) of Schedule 4

SCHEDULE 5E+WList of sporting events

Commencement Information

I49Sch. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

E+W

  • Betfred Super League Rugby Football League fixtures

  • England & Wales Cricket Board International Cricket fixtures

  • European Professional Club Rugby fixtures

  • FIH Pro League hockey fixtures

  • Football Association International fixtures

  • F87...

  • Matchroom – Boxing Championship matches

  • Olympic, Paralympic and Commonwealth Games Qualification Events

  • Professional Darts Corporation – Players Championship

  • Rugby Football Union international fixtures

  • Rugby League Challenge Cup

  • [F88UEFA Champions League, Europa League and Europa Conference League fixtures]

  • Cage Warriors Trilogy Series

  • England & Wales Cricket Board – T20 Blast

  • England & Wales Cricket Board – The Rachael Heyhoe Flint Trophy

  • Matchroom – Championship League Snooker Tournament

  • International Championship Boxing – Queensberry Promotions

  • Motorsport UK - British Kart Championships

  • International Boxing Championship Matches – MTK Promotions

  • F89...

  • Matchroom – World Pool Championship

  • Hennessy Sports – International Boxing Championship matches

  • Motorsport UK – British Rallycross Championship and Support Championship

  • Professional Darts Corporation – Unibet Premier League

  • GB Taekwondo Olympic and Paralympic Test Matches

  • Matchroom – Championship League Pool

  • Modern Pentathlon Test Event

  • Professional Darts Corporation – Challenge Tour

  • Professional Darts Corporation – Development Tour

  • Professional Darts Corporation – UK Open

  • Rugby League Betfred Championship

  • Wheelchair Rugby Quad Nations

  • F90...

  • British Dressage – Keysoe International

  • British Eventing Elite Pathways Events

  • British Showjumping's Winter Classic series qualifiers

  • Burnham Market International

  • F91...

  • F92...

  • Matchroom – World Pool Masters

  • F93...

  • F94...

  • FIA World Endurance Championship Prologue and Round 1 Silverstone

  • British Para Athletics Sprint Meet

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

  • Motorsport UK – British Superkart Championship and Support Series

  • Motorsport UK – British Truck Racing Championship

  • British Equestrian – International Dressage Events

  • European Tour – Betfred British Masters

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

  • Motorsport UK – Donington Historic Festival

  • Motorsport UK – British Touring Car Championship and Support Series

  • Motorsport UK – Ferrari Challenge UK and Support

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

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

  • Motorsport UK – FIA Main Event 2021 and Support Series

  • England Hockey Pro League

  • FIM Speedway Grand Prix World Championship - Qualifying Round

  • F95...

  • British Speedway Premiership, Championship and National Development Leagues

  • F96...

  • British Superbike Championship and Support Series

  • ACU – British Motocross Championship and Support races

  • Equestrian Eventing – Cirencester

  • F97...

  • F98...

  • F99...

  • F100...

  • Lawn Tennis Association – GB Pro Series Roehampton 1 & 2

  • Equestrian Jumping – Wellington, Heckfield

  • F101...

  • UCI Mountain Bike World Cup

  • F102...

  • F103...

  • Equestrian Eventing - Belsay International

  • F104...

  • Red Bull International Rugby 7s

  • Diamond League Athletics

  • HSCC Historic Formula 2 International Series – HSCC International Trophy

  • Equestrian Eventing – Tweseldown International

  • Equestrian Eventing – Little Downham International

  • F105...

  • F106...

  • F107...

  • F108...

  • FIM Under 21 Speedway World Championship – Qualifying Round

  • FIM World Championship Motocross Grand Prix – British Round

  • F109...

  • F110...

  • F111...

  • F112...

  • F113...

  • F114...

  • F115...

  • F116...

  • Equestrian Eventing – Nunney International

  • Equestrian Eventing – Alnwick Ford International

  • Equestrian Eventing – Bicton International

  • ICC World Test Championship Final

  • Motorsport UK – British GT Championship, GT 2 European Series and Support Series

  • Motorsport UK – Ferrari Formula Classic

  • F117...

  • F118...

  • Equestrian Jumping – Keysoe International

  • British Dressage Winter National Championships

  • F119...

  • F120...

  • F121...

  • F122...

  • F123...

  • F124...

  • F125...

  • F126...

  • London Diamond League (Anniversary Games)

  • World Superbike – World Championship – British Round

  • FIM Speedway Grand Prix World Championship – British Round

  • F127...

  • F128...

  • Motorsport UK – Formula Student 2021

  • Motorsport UK – Silverstone Classic & Support Races

  • Motorsport UK – Festival of Speed

  • F129...

  • Motorsport UK – Porsche Sprint Challenge GB and supporting races

  • NASCAR Whelan Euro Series and support races

  • Motorsport UK – British GT Championship and support races

  • British Kart Grand Prix

  • F130...

  • F131...

  • F132...

  • F133...

  • British Open Wheelchair Tennis Championships

  • Polaris Squads

  • Professional Darts Corporation – Betfred World Matchplay Darts

  • Equestrian Jumping – Wettenhall International

  • Equestrian Eventing – Keysoe International

  • Equestrian Jumping – Harthill International

  • Equestrian Dressage – Hartpury International

  • Equestrian Eventing – Barbury Castle International

  • Equestrian Jumping – Hickstead

  • Equestrian Eventing – Burgham International

  • Equestrian Eventing – Bishop Burton International

  • F134...

  • F135...

  • F136...

  • Moto GP – World Championship Grand Prix – British Round

  • F137...

  • F138...

  • F139...

  • F140...

  • World Snooker Tour – World Tour Series

  • British Showjumping National Championships

  • Para Dressage – Bishop Burton International

  • Equestrian Eventing – Hartpury International

  • Equestrian Jumping – Global Champions Tour – London

  • Equestrian Eventing – Somerford Park International

  • Equestrian Eventing – Blair Castle International

  • Equestrian Jumping – Chepstow International

  • Equestrian Eventing – Wellington International

  • [F141Car Race – British Drag Racing Championship

  • NFL International Series Games

  • Football Association approved elite international club matches

  • F142...

  • Welsh Rugby International Fixtures

  • F143...

  • F144...

  • World Snooker Tour - Turkish Masters Qualifiers

  • F145...

  • F146...

  • Equestrian Endurance Riding - Keysoe International

  • F147...

  • F148...

  • F149...

  • F150...

  • F151...

  • F152...

  • Super League Triathlon Championship London 2021

  • F153...]

  • [F154Motorsport UK – British Rally Championship

  • Equestrian – FEI International Events

  • F155...

  • Channel VAS Squash Championships 2021

  • British Curling International Fixtures

  • Future Stars International Basketball Tournament

  • Premier League Fixtures Season 2021/22

  • UFC Fight Night – Brunson vs Till

  • World Snooker Tour Classic

  • United Rugby Championship

  • Motorsport UK – British Superkart Grand Prix

  • Motorsport UK – Greenpower Car Race

  • Betfair Sprint Cup Day horse-racing

  • Cazoo St Leger Meeting horse-racing

  • Cambridgeshire Meeting horse-racing

  • Springfield Scottish Squash Open

  • Enduro World Series – Tweed Valley 2021

  • F156...

  • F157...

  • F158...

  • F159...

  • F160...

  • World Grand Prix Darts

  • Taekwondo Grand Prix

  • F161...

  • FIM Speedway of Nations

  • The Women’s Tour road cycling race

  • Tiree Wave Classic

  • World Snooker Tour – Northern Ireland Open

  • F162...

  • F163...

  • Dubai Future Champions Festival horse-racing

  • QIPCO British Champions Day horse-racing

  • Vertem Futurity Trophy horse-racing

  • Weber Cup

  • Fast5 Netball All-Stars

  • Superstars of Gymnastics

  • Basketball Superslam

  • World Snooker Tour – German Masters Qualifiers

  • Monster Energy FIM Speedway of Nations

  • Beatson’s Building Supplies Mull Rally

  • F164...

  • F165...

  • F166...

  • F167...

  • F168...

  • F169...

  • F170...

  • F171...

  • F172...

  • F173...

  • F174...

  • F175...

  • F176...

  • F177...

  • F178...

  • F179...

  • F180...

  • F181...

  • F182...

  • F183...

  • F184...

  • F185...]

  • [F186Professional Darts Corporation – Women’s Series

  • Men’s British Basketball League

  • Women’s British Basketball League

  • World Snooker Tour – Scottish Open Qualifiers

  • Motorsport UK – Goodwood Revival Car Race

  • F187...

  • CEV Champions League Volleyball

  • HSBC UK National Time Trial Championships 2021

  • HSBC UK National Circuit Race Championships 2021

  • HSBC UK National Road Race Championships 2021

  • World Snooker Tour – European Open Qualifiers

  • Motorsport UK – Formula Ford Festival

  • Motorsport UK – Walter Hayes Trophy

  • Motorsport UK – RAC Historic Trophy

  • World Snooker Tour – English Open

  • World Snooker Tour – Welsh Open Qualifiers

  • World Snooker Tour – UK Championship

  • Champion of Champions Snooker

  • Scottish Badminton Open 2021

  • Canary Wharf Squash Classic 2021

  • Professional Darts Corporation – Grand Slam of Darts

  • Professional Darts Corporation – Players Championship Finals

  • The Killik Cup

  • Motorsport UK – Roger Albert Clark Rally

  • UEFA Women’s Euro England 2022 Football Championships]

  • F188[F189...

  • F190...

  • F191...

  • F192...

  • F193...

  • F194...

  • England Knights vs Jamaica (Rugby Football League)

  • Women’s Olympic Ice Hockey Qualifiers (Ice Hockey UK)

  • British Judo International Fixtures

  • Wheelchair Rugby League International Series Fixtures]

  • [F195CEV Challenge Cup Volleyball

  • National Basketball League

  • Equestrian Jumping – Winter Classic Series

  • CEV Volleyball Cup

  • British Boxing Board of Control – International Boxing Fixtures

  • Vitality Roses Reunited Series (netball)

  • UCI Track Champions League (cycling)

  • World Snooker Tour – Scottish Open

  • World Snooker Tour – World Grand Prix

  • Mosconi Cup Pool

  • Professional Darts Corporation – World Darts Championship

  • UEFA Women’s Champions League fixtures]

  • [F196FIBA Europe Basketball Competitions]

  • [F197Cage Warriors European Series

  • Motorsport UK – Jurassic X Prix]

Textual Amendments

Regulation 3(1)

SCHEDULE 6E+WPassenger information

1.  Personal details of the passenger—E+W

(a)their full name;

(b)their sex;

(c)their date of birth;

(d)their passport number, or travel document reference number (as appropriate), issue and expiry dates and issuing authority;

(e)their telephone number;

(f)their home address;

(g)their email address.

Commencement Information

I50Sch. 6 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

2.  Journey details of the passenger—E+W

(a)the address or addresses in the United Kingdom at which—

(i)in the case of a person who is required to comply with regulation 9 [F198or 10] (requirement to self-isolate), they intend to self-isolate and including, where regulation [F19910] applies, the booking reference number for the managed self-isolation package booked by or on behalf of P, or

(ii)in the case of any other person, they intend to stay during the period of 10 days beginning on the day after the date of their arrival in the United Kingdom;

(b)the date, or planned date, as appropriate of their arrival at an address specified in subparagraph (a);

(c)the operator they are travelling with or through which their booking was made;

F200(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)their coach number;

(f)the flight number or vessel name;

(g)the location at which they will arrive in the United Kingdom;

(h)the country or territory they are travelling from;

F201(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)any other country or territory they have departed from or transited through in the period beginning with the 10th day before the date of their arrival in England, and in any such case, the dates of departing from or transiting through any such country or territory;

F201(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)the date and time, or planned date and time, as appropriate, of their arrival in the United Kingdom;

(m)whether they are connecting through the United Kingdom to a destination outside the United Kingdom and, if so—

(i)the location at which they will depart from in the United Kingdom,

(ii)their final destination country or territory,

(iii)the operator they are travelling with or through which their booking was made for their onward journey,

F202(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)the flight number or vessel name for their onward journey,

(vi)the coach number for their onward journey.

Textual Amendments

Commencement Information

I51Sch. 6 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

3.  Where the passenger is travelling with a child for whom they have responsibility—E+W

(a)the full name and date of birth of that child;

(b)the relationship of the passenger to that child.

Commencement Information

I52Sch. 6 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F2033A.  Where the passenger meets the COVID-19 vaccination eligibility criteria F204..., and indicates that on the Passenger Locator Form, the fact that the passenger meets those criteria.]E+W

Textual Amendments

4.  Where the passenger is a person required by regulation 9(2) to self-isolate, and intends to undertake a test in accordance with Schedule 10 (optional tests)—E+W

(a)the name of the test provider;

(b)the test reference number provided to them by the test provider in accordance with paragraph 4(d) of that Schedule.

Commencement Information

I53Sch. 6 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

5.  Where [F205regulation 3J (testing requirements on eligible travellers (non-workers)) requires a day 2 test or] regulation 6 (requirement to book and undertake tests) requires a testing package—E+W

(a)the name of the test provider;

(b)the test reference number provided to them by the test provider in accordance with paragraph 10(5) of Schedule 8.

Textual Amendments

Commencement Information

I54Sch. 6 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F206regulation 3ZA]

SCHEDULE 7E+WTesting before arrival in England

Textual Amendments

Compliant testsE+W

1.  A test complies with this paragraph if—

(a)it is a test for the detection of coronavirus undertaken using a device which the manufacturer states has—

(i)a sensitivity of at least 80%,

(ii)a specificity of at least 97%, and

(iii)a limit of detection of less than or equal to 100,000 SARS-CoV-2 copies per millilitre;

(b)it is not a test provided or administered under the National Health Service Act 2006, the National Health Services (Wales) Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972; and

(c)the test sample is taken from the person no more than [F207two] days before—

(i)in the case of that person travelling to England on a commercial transport [F208service that—

(aa)does not involve the person transiting through a country or territory, the service’s scheduled time of departure;

(bb)involves the person transiting through a country or territory, the scheduled time of departure of the first part of the service], or

(ii)in any other case, the actual time of departure of the vessel or aircraft on which that person is travelling to England.

Textual Amendments

Commencement Information

I55Sch. 7 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F2091A.  For the purposes of paragraph 1, a person transits through a country or territory if they arrive in that country or territory for the sole purpose of continuing a journey to England—

(a)on a conveyance other than the conveyance on which they arrived, or

(b)on the same conveyance, having temporarily disembarked from it.]

Textual Amendments

Form of notification of negative resultE+W

2.  Notification of a negative test result must include, in English, French or Spanish, the following information—

(a)the name of the person from whom the sample was taken;

(b)that person's date of birth or age;

(c)the negative result of the 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.

Commencement Information

I56Sch. 7 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Persons not required to comply with [F210regulation 3ZA] E+W

3.—(1) The persons referred to in [F211regulation 3ZA(6)(d)] (and not required to comply with that regulation) are—

(a)a person (“P”) described in—

(i)paragraph 16(1)(b) of Schedule 4 where, prior to P's departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with [F212regulation 3ZA], or

(ii)paragraph 17 of Schedule 4 where, prior to P's departure to the United Kingdom, the relevant Department has also certified that they are not required to comply with [F212regulation 3ZA];

(b)a Crown servant or government contractor (“C”) who is required to undertake essential policing or essential government work in the United Kingdom or is returning from conducting such work outside the United Kingdom where, prior to C's departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with [F213regulation 3ZA];

(c)a representative (“R”) of a foreign country or territory, or of the government of a British overseas territory, travelling to the United Kingdom to conduct official business with the United Kingdom where, prior to R's departure to the United Kingdom—

(i)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 R is required 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)the Foreign Commonwealth and Development Office has then confirmed in writing to the person giving the notification in sub-paragraph (i) that—

(aa)it has received that confirmation, and

(bb)R is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with [F214regulation 3ZA];

[F215(ca)a specified person (“P”) 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 [F216regulation 3ZA];]

(d)a person described in paragraph 31 of Schedule 4 (worker with specialist technical skills).

(2) In sub-paragraph (1)—

(a)“consular post” has the meaning given in paragraph 1(4) of Schedule 4;

[F217(aa)“specified person” has the meaning given in paragraph 1(4A) of Schedule 4;]

(b)“Crown servant”, “essential government work”, “essential policing” and “government contractor” have the meaning given in paragraph 16(2) of Schedule 4.

Textual Amendments

Commencement Information

I57Sch. 7 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 6(10)

SCHEDULE 8E+WMandatory testing after arrival in England

Interpretation of this ScheduleE+W

1.—(1) In this Schedule—

(a)“default self-isolation period” means—

(i)in the case of a non-Schedule 11 passenger, the period specified in paragraph (7)(a) of regulation 9 (requirement to self-isolate),

(ii)in the case of a Schedule 11 passenger, the period specified in paragraph 10(a) of Schedule 11;

(b)“mandatory test” means a day 2 test or a day 8 test within the meaning of regulation 6(12);

(c)“non-Schedule 11 passenger” means a person to whom regulation 9 applies;

[F218(d)“P”—

(i)means a person required to undertake a mandatory test under regulation 6 (requirement to book and undertake tests), and

(ii)in paragraphs [F2197, 10 and 11] includes a person required to undertake a day 2 test under regulation 3J (testing requirements on eligible travellers (non-workers));]

(e)“private provider” means a test provider other than a public provider;

(f)“public provider” means a test provider who provides or administers a test under the National Health Service Act 2006, the National Health Services (Wales) Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972;

(g)“relevant self-isolation provisions” means—

(i)in relation to a Schedule 11 passenger, regulation [F22010] and Schedule 11,

(ii)in relation to a non-Schedule 11 passenger, regulation 9.

(2) Where this Schedule requires P to continue to self-isolate in accordance with the relevant self-isolation provisions—

(a)regulation 19 (offences and penalties) applies in relation to that requirement as it applies in relation to the relevant self-isolation provisions;

(b)such a requirement to self-isolate does not apply in respect of a person exempt from regulation 9.

Textual Amendments

Commencement Information

I58Sch. 8 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Requirement to self-isolate on failure to undertake a mandatory testE+W

2.—(1) Sub-paragraph (2) applies where P is not a person of the description in [F221regulation 5(1)(a), (c), (d) or (e)] and—

(a)either—

(i)P fails to undertake a day 2 test, or

(ii)P's day 2 test generates a negative or inconclusive result, and

(b)P fails to undertake a day 8 test.

(2) Where this sub-paragraph applies, P must continue to self-isolate in accordance with the relevant self-isolation provisions until the end of the 14th day after the day on which they arrived in England.

(3) Sub-paragraph (4) applies where P is a person of the description in [F222regulation 5(1)(a), (c), (d) or (e)] and P fails to undertake a day 2 test.

(4) Where this sub-paragraph applies, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations as if P had been notified under regulation 2A(1)(a) of those Regulations, on the date that P should have undertaken the day 2 test, that P had tested positive, until the earlier of —

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

(b)the time that P is notified of the result of a test meeting the requirements of a day 2 test save as to the time at which that test is to be undertaken, that P has undertaken.

(5) Sub-paragraph (6) applies where P is a person of the description in [F223regulation 5(1)(a), (c), (d) or (e)] and P fails to undertake a day 8 test.

(6) Where this sub-paragraph applies, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations as if P had been notified under regulation 2A(1)(a) of those Regulations, on the date that P should have undertaken the day 8 test, that P had tested positive, until the earlier of—

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

(b)the time that P is notified of the result of a test meeting the requirements of day 8 test save as to the time at which the test is undertaken, that P has undertaken.

(7) If the result notified to P of a test of the description in sub-paragraph (4)(b) or (6)(b) is 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 the day P arrived in England.

(8) Where P undertakes a test to which paragraph 3(7)(b) applies and which generates—

(a)a positive result, paragraph 3(1) applies as if the test were a mandatory test;

(b)a negative result, paragraph 3(4) applies as if—

(i)P had taken both a day 2 test and a day 8 test, and

(ii)both tests had generated a negative result.

Textual Amendments

Commencement Information

I59Sch. 8 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Consequences of test resultsE+W

3.—(1) Subject to paragraphs 4 (optional tests) and 5 (tests other than in accordance with these Regulations), where a mandatory test undertaken by P in accordance with regulation 6 generates a positive result—

(a)the following do not apply in relation to P—

(i)regulation 9(11)(a) or, as the case may be, paragraph 13(1)(a) of Schedule 11 (leaving self-isolation to travel in order to leave England),

(ii)subject to sub-paragraph (2), regulation 2A (requirements on person notified of positive test) of the Self-Isolation Regulations; and

(b)P and, subject to sub-paragraph (3), any person who is self-isolating with P must continue to self-isolate in accordance with the relevant self-isolation provisions until the end of the 10th day after the day P undertook the test.

(2) Regulation 2A of the Self-Isolation Regulations continues to apply to a person within regulation 5(1)(a), (c), (d), (e), [F224(2) and (6)].

[F225(2A) Where P has received a notification in the form of Form B or Form D in paragraph 11(3), regulation 2A, apart from paragraphs (2)(a) and (3)(a), of the Self-Isolation Regulations apply to P.]

(3) Where a person (“B”) is self-isolating with P pursuant to the relevant self-isolation provisions, the requirement to self-isolate under sub-paragraph (1)(b) does not apply to B where—

(a)the test referred to in sub-paragraph (1) is P's day 8 test; and

(b)B undertook a day 2 test that generated a positive result.

(4) Subject to paragraph 4, where P's day 2 test and day 8 test both generate a negative result, P must continue to self-isolate in accordance with the relevant self-isolation provisions until the later of—

(a)the end of the default self-isolation period;

(b)the day on which P receives the result of their day 8 test.

(5) Where a mandatory test undertaken by P generates an inconclusive result P must continue to self-isolate in accordance with the relevant self-isolation provisions—

(a)until the end of the 10th day after the day P undertook the test;

(b)where P undertakes a test to which sub-paragraph (7) applies and the test generates a negative result, until the later of—

(i)the end of the default self-isolation period,

(ii)the day on which P receives the negative result; or

(c)where P undertakes a test to which sub-paragraph (7) applies and the test generates a positive result, until the end of the 10th day after the day P undertook the test.

(6) Where sub-paragraph (5)(c) applies, P is not required to undertake a day 8 test in accordance with regulation 6.

(7) This sub-paragraph applies to—

(a)a day 8 test;

(b)a test—

(i)complying with the requirements for a day 8 test specified in paragraphs 8 and 9 (other than the requirement in paragraph 9(1)(e) that the test be administered or provided to P no earlier than the end of the seventh day after the day on which P arrived in England),

(ii)undertaken in the circumstances specified in paragraph 10 (other than the circumstances in paragraph 10(2) about when a test must be undertaken), and

(iii)undertaken during the period specified in sub-paragraph (5)(a).

Textual Amendments

Commencement Information

I60Sch. 8 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Optional testsE+W

4.—(1) This paragraph applies where P—

(a)is a non-Schedule 11 passenger who is required to comply with regulation 9, and

(b)undertakes a day 2 test which generates a negative or inconclusive result.

(2) P may undertake a test in accordance with Schedule 10 (optional testing after arrival in England), and, where the test generates a negative result, P ceases to be required to self-isolate from the time that P is notified of that result.

(3) P must in any event undertake the day 8 test booked in accordance with regulation 6.

(4) Where P ceases to be required to self-isolate under these Regulations in accordance with regulation 9(16), paragraph 3(1), (4) and (5) do not apply in relation to P's day 8 test.

Commencement Information

I61Sch. 8 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Tests other than in accordance with these RegulationsE+W

5.—(1) This paragraph applies where—

(a)P is a non-Schedule 11 passenger;

(b)P undertakes a day 2 test which generates a negative result;

(c)while P is self-isolating under these Regulations, P subsequently undertakes a test other than in accordance with these Regulations; and

(d)P is notified that such test generates a positive result.

(2) P ceases to be required to self-isolate in accordance with these Regulations, and regulation 2A of the Self-Isolation Regulations applies in relation to P.

Commencement Information

I62Sch. 8 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Day 2 tests: general test requirementsE+W

6.—(1) For the purposes of [F226regulations [F2273J(10)(a)(i)] and 6(12)(a)], a day 2 test complies with this paragraph where—

(a)it is a test provided by a public provider; or

(b)it is a test provided by a private provider—

(i)in respect of—

(aa)a non-Schedule 11 passenger, on or after 1st March 2021;

(bb)a Schedule 11 passenger, on 1st or 2nd March 2021,

(ii)where the test complies with sub-paragraph (2), and

(iii)where the private provider complies with paragraph 7.

(2) A test complies with this sub-paragraph where—

(a)it is a semi-quantitative test for the detection of coronavirus which—

(i)targets a minimum of two distinguishable SARS-CoV-2 genes other than the S gene and performance reference controls,

(ii)includes routine in silico assurance against every variant of concern, and

(iii)produces a test solution that provides extracted nucleic acid that is suitable for whole genome sequencing using a specified method;

(b)it is, in relation to a Schedule 11 passenger, a test that can be self-administered;

(c)the manufacturer of any device used for the purposes of the test states that the device—

(i)uses an established molecular detection method,

(ii)has a specificity and a sensitivity [F228greater than or equal to 99% (or a 95% two-sided confidence interval entirely above 97%),]

(iii)has a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, and

(iv)is suitable for identifying every variant of concern; and

(d)any device used for the purposes of the test—

(i)can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations, and

(ii)has been validated no more than 18 months before the test is administered or provided to P.

(3) For the purposes of sub-paragraph (2)—

(a)“specified method” means a targeted sequence method specific to SARS-CoV-2 or an equivalent—

(i)amplicon method, or

(ii)sequence bait capture method;

(b)“validated”, in relation to a device, has the meaning given by paragraph 2(2) of Schedule 10;

(c)“variant of concern” means a variant of SARS-CoV-2 identified in a designation made by the Secretary of State for the purposes of this paragraph and published in a manner as appears to the Secretary of State to be appropriate.

Textual Amendments

Commencement Information

I63Sch. 8 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Day 2 tests: private provider requirementsE+W

7.—(1) For the purposes of paragraph 6(1)(b)(iii), a private provider complies with this paragraph where—

(a)they comply with the requirements of paragraph 3(1)(a) and (e) to (h) of Schedule 10 as if any reference in those provisions to an appropriate test were a reference to a day 2 test;

(b)if the provider is a laboratory that conducts diagnostic test evaluation for testing in accordance with this Schedule, they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting [F229and the Department has confirmed in writing that it considers the provider meets those standards];

[F230(ba)they continue to meet the minimum standards to which the declaration mentioned in paragraph (b) relates;]

(c)they have provided the Department of Health and Social Care with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service or to carry out genomic sequencing, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;

(d)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples;

(e)the laboratory used by the test provider for the processing of samples meets the relevant requirements for ISO standard 15189 or ISO/IEC standard 17025 in respect of the evaluation of the established molecular detection method and the genomic sequencing of samples;

(f)they receive the information required by paragraph 10(3) or (4) (as appropriate), and if they administer the test to P, they do so no later than the end of the second day after the day on which P arrived in England;

(g)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, F231...

(ii)in relation to each test sold on that day—

(aa)the date of the arrival in England of the person in respect of whom the test was sold, F232...

F233(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(cc)[F234whether the person in respect of whom the test was sold is an eligible [F235traveller] or not;][F236and

(dd)the test reference number given to P in accordance with sub-paragraph (5) of paragraph 10 (required circumstances for undertaking a day 2 test or a day 8 test)] [F237, and

(iii)in relation to each test the purchase of which was cancelled on that day, the information set out in sub-paragraph (ii)(aa) to (dd)];

(h)they sequence each sample with a cycle threshold less than 30 (equivalent to ~1,000 viral genome copies per millilitre);

[F238(ha)where—

(i)a sample is to be sequenced in accordance with paragraph (h), and

(ii)the sequencing is to take place at a laboratory (“the sequencing laboratory”) other than the laboratory at which the sample was initially processed (“the diagnostic laboratory”),

they secure that the sample is received at the sequencing laboratory no later than 24 hours after the result of the initial processing becomes known to the diagnostic laboratory;]

(i)in respect of the sequencing of samples, they must secure a reference genome coverage breadth of at least 50% and at least 30 times coverage;

(j)on a request by the Secretary of State or the COVID-19 Genomics UK Consortium, they make samples available for the purpose of dual sequencing;

(k)they preserve and transport samples in a manner that enables genome sequencing;

(l)they have in place a process to remove human reads from any data submitted in a notification to [F239the United Kingdom Health Security Agency] pursuant to the Health Protection (Notification) Regulations 2010; and

(m)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i)paragraph 3(1)(e) to (h) of Schedule 10 as applied by paragraph (a) of this sub-paragraph,

(ii)paragraph (c) to (l) of this sub-paragraph,

(iii)paragraph 11(2), (3) and (4).

(2) For the purposes of sub-paragraph (1)(m), “single end-to-end testing service” has the meaning given in paragraph 3(2)(c) of Schedule 10.

(3) For the purposes of sub-paragraph (1)(d) and (e), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of regulation 6 of the Health Protection (Coronavirus, Testing Requirements and Standards) (England) Regulations 2020 as if—

(a)a reference to an applicable test were a reference to a day 2 test;

(b)a reference to a test provider were a reference to a private provider [F240;]

[F241(c)in paragraph (1), the words from “and make a declaration” to “25th November 2020” were omitted.]

Textual Amendments

Commencement Information

I64Sch. 8 para. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Day 2 tests: general requirements for lateral flow device testsE+W

F2427A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Day 2 tests: private provider requirements for lateral flow device testsE+W

F2437B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Day 8 tests: general test requirementsE+W

8.—(1) For the purposes of regulation 6(12)(b), a day 8 test complies with this paragraph where—

(a)it is a test provided by a public provider; or

(b)it is a test provided by a private provider—

(i)in respect of—

(aa)a non-Schedule 11 passenger, on or after 1st March 2021;

(bb)a Schedule 11 passenger, on 1st or 2nd March 2021,

(ii)where the test complies with sub-paragraph (2), and

(iii)where the private provider complies with paragraph 9.

[F244(2) A test complies with this sub-paragraph where—

(a)it is a semi-quantitative test for the detection of coronavirus which—

(i)targets a minimum of two distinguishable SARS-CoV-2 genes other than the S gene and performance reference controls,

(ii)includes routine in silico assurance against every variant of concern, and

(iii)produces a test solution that provides extracted nucleic acid that is suitable for whole genome sequencing using a specified method;

(b)it is, in relation to a Schedule 11 passenger, a test that can be self-administered;

(c)the manufacturer of any device used for the purposes of the test states that the device—

(i)uses an established molecular detection method,

(ii)has a specificity greater than or equal to 97% (or a 95% two-sided confidence interval entirely above 95%),

(iii)has a sensitivity greater than or equal to 95% (or a 95% two-sided confidence interval entirely above 90%),

(iv)has a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, and

(v)is suitable for identifying every variant of concern; and

(d)any device used for the purposes of the test—

(i)can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations, and

(ii)has been validated no more than 18 months before the test is administered or provided to P.]

[F245(3) For the purposes of sub-paragraph (2)—

(a)“specified method” means a targeted sequence method specific to SARS-CoV-2 or an equivalent—

(i)amplicon method, or

(ii)sequence bait capture method;

(b)“validated”, in relation to a device, has the meaning given by paragraph 2(2) of Schedule 10;

(c)“variant of concern” means a variant of SARS-CoV-2 identified in a designation made by the Secretary of State for the purposes of this paragraph and published in a manner as appears to the Secretary of State to be appropriate.]

Textual Amendments

Commencement Information

I65Sch. 8 para. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Day 8 tests: private provider requirementsE+W

[F2469.—(1) For the purposes of paragraph 8(1)(b)(iii), a private provider complies with this paragraph where—

(a)they comply with the requirements of paragraph 3(1)(a) and (e) to (h) of Schedule 10 as if any reference in those provisions to an appropriate test were a reference to a day 8 test;

(b)if the provider is a laboratory that conducts diagnostic test evaluation for testing in accordance with this Schedule, they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting [F247and the Department has confirmed in writing that it considers the provider meets those standards];

[F248(ba)they continue to meet the minimum standards to which the declaration mentioned in paragraph (b) relates;]

(c)they have provided the Department of Health and Social Care with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service or to carry out genomic sequencing, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;

(d)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples;

(e)the laboratory used by the test provider for the processing of samples meets the relevant requirements for ISO standard 15189 or ISO/IEC standard 17025 in respect of the evaluation of the established molecular detection method and the genomic sequencing of samples;

(f)they receive the information required by paragraph 10(3) or (4) (as appropriate), and if they administer the test to P, they do so no earlier than the end of the seventh day after the day on which P arrived in England;

(g)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, F249...

(ii)in relation to each test sold on that day—

(aa)the date of the arrival in England of the person in respect of whom the test was sold,

(bb)whether the person in respect of whom the test was sold is an eligible [F250traveller] or not, and

(cc)the test reference number given to P in accordance with sub-paragraph (5) of paragraph 10 (required circumstances for undertaking a day 2 test or a day 8 test) [F251, and

(iii)in relation to each test the purchase of which was cancelled on that day, the information set out in sub-paragraph (ii)(aa) to (cc)];

(h)they sequence each sample with a cycle threshold less than 30 (equivalent to ~1,000 viral genome copies per millilitre);

[F252(ha)where—

(i)a sample is to be sequenced in accordance with paragraph (h), and

(ii)the sequencing is to take place at a laboratory (“the sequencing laboratory”) other than the laboratory at which the sample was initially processed (“the diagnostic laboratory”);

they secure that the sample is received at the sequencing laboratory no later than 24 hours after the result of the initial processing becomes known to the diagnostic laboratory;]

(i)in respect of the sequencing of samples, they must secure a reference genome coverage breadth of at least 50% and at least 30 times coverage;

(j)on a request by the Secretary of State or the COVID-19 Genomics UK Consortium, they make samples available for the purpose of dual sequencing;

(k)they preserve and transport samples in a manner that enables genome sequencing;

(l)they have in place a process to remove human reads from any data submitted in a notification to [F253the United Kingdom Health Security Agency] pursuant to the Health Protection (Notification) Regulations 2010; and

(m)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i)paragraph 3(1)(e) to (h) of Schedule 10 as applied by paragraph (a) of this sub-paragraph,

(ii)paragraph (c) to (l) of this sub-paragraph,

(iii)paragraph 11(2), (3) and (4).

(2) For the purposes of sub-paragraph (1)(m), “single end-to-end testing service” has the meaning given in paragraph 3(2)(c) of Schedule 10.

(3) For the purposes of sub-paragraph (1)(d) and (e), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of regulation 6 of the Health Protection (Coronavirus, Testing Requirements and Standards) (England) Regulations 2020 as if—

(a)a reference to an applicable test were a reference to a day 8 test;

(b)a reference to a test provider were a reference to a private provider;

(c)in paragraph (1), the words from “and make a declaration” to “25th November 2020” were omitted.]

Textual Amendments

Commencement Information

I66Sch. 8 para. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Required circumstances for undertaking a day 2 test or a day 8 testE+W

10.—(1) The circumstances mentioned in [F254regulations 3J(10) and 6(12)(a) and (b)] are as follows.

(2) In relation to—

(a)a day 2 test, P undertakes the test [F255in accordance with the manufacturer’s instructions for use] no later than the end of the second day after the day on which P arrived in England;

(b)a day 8 test, P undertakes the test [F256in accordance with the manufacturer’s instructions for use] no earlier than the end of the seventh day after the day on which P arrived in England.

[F257(3) Subject to sub-paragraph (4)—

(a)at the time the test is booked P provides the test provider with the information set out or referred to in sub-paragraph (3B), and

F258(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F259(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F257(3B) The information to be provided at the time the test is booked is—

(a)notification that P is to undertake the test under these Regulations,

(b)the information set out in paragraph 4(b)(i) to (v) and (vii) to (xiv) of Schedule 10, and

(c)P’s home address, and—

(i)where P is a person intending to undertake a test in accordance with regulation 3J, the address or addresses at which they intend to stay while they remain in England (if different from their home address);

(ii)where P is a person to whom regulation 9(1)(a) or (b) applies, the address or addresses at which they intend to self-isolate, or are self-isolating, in accordance with regulation 9 (if different from their home address);

(iii)where P is a person to whom regulation 10 applies, the address of the accommodation designated for the purposes of Schedule 11.

F260(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(4) Where P is a child, or a person with a disability who is unable for that reason to provide the notification and information set out or referred to in sub-paragraph (3) F261... to the test provider—

(a)the notification and information set out or referred to in sub-paragraph [F262(3B) F263...] F264..., other than the information set out in paragraph 4(b)(xi) and (xii) of Schedule 10, is provided to the test provider on P's behalf by another person (“Y”); and

(b)either the information set out in paragraph 4(b)(xi) and (xii) of Schedule 10 is provided by Y to the test provider or, where appropriate, Y provides their own telephone number and email address to the test provider.

(5) At the time the test is booked and payment made the test provider gives P [F265a separate test reference number in respect of each test to be provided to P] in the format specified in sub-paragraph (6) and, where appropriate, also provides that test reference number to Y.

(6) A test reference number must consist of 12 characters comprising 5 letters followed by 7 digits.

Textual Amendments

Commencement Information

I67Sch. 8 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Notification of test resultsE+W

11.—(1) This paragraph applies to a private provider who administers or provides a test F266..., to P in the circumstances described in paragraph 10.

(2) The private provider must, [F267within 48 hours of the time when the sample taken for the purposes of the test is received by the diagnostic laboratory]—

(a)notify P or, where paragraph 10(4) applies, Y by email, letter, or text message, of the result of P's test; or

(b)make P's test result available to P, or where paragraph 10(4) applies, to Y via a secure web portal,

in accordance with sub-paragraph (3).

(3) The notification of P's test result must include P's name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the test provider and P's test reference number, and must be conveyed using one of the following forms of words, as appropriate—

[F268Form A: negative test result

Your coronavirus (COVID-19) test result is negative. You did not have the virus when the test was done.

You are not required to quarantine or take a day 8 test if you are travelling from a country not on the red list and meet the requirements of being an ‘eligible traveller’.

If you are travelling from a country not on the red list and are not an ‘eligible traveller’, if you took the test on or before day 2 of your quarantine period, you must continue to quarantine until you have completed the 10 day quarantine period and received a negative result for a test taken on day 8. If you took the test on day 8, you may stop quarantining when you have completed your 10 day quarantine period.

You should self-isolate again if you get symptoms of coronavirus (COVID-19) – get an NHS coronavirus (COVID-19) test from https://www.gov.uk/get-coronavirus-test and self-isolate until you get the results.

For advice on when you might need to self-isolate and what to do, go to https://www.nhs.uk/conditions/coronavirus-covid-19/ and read ‘Self-isolation and treating symptoms’.

Form B: positive test result

Your coronavirus test result is positive. You had the virus when the test was done.

If you received a positive test result for the test taken you do not need to take any further tests.

You may be contacted for contact tracing and to check that you, and those who you live or are travelling with, are self-isolating.

You must not travel, including to leave the UK, during self-isolation.

Contact 111 if you need medical help. In an emergency dial 999.

Form C: unclear test result

Your coronavirus test result is unclear. It is not possible to say if you had the virus when the test was done.

You must take another test or self-isolate for 10 days from the day after your test date.

You may be contacted to check that you are self-isolating.]

[F269Form D: suspected positive result with Omicron variant

Your coronavirus test result is positive. You are therefore required to self-isolate for 10 full days after the date on which you first developed symptoms or, if you did not have symptoms, the date on which you took the test.

Your positive COVID test has been identified as a suspected Omicron variant.

You will be contacted shortly by NHS Test and Trace to obtain details of your household and close contacts, and to confirm your self-isolation period. Your household and close contacts will be required to self-isolate for 10 days, regardless of age and vaccination status.

You must not travel, including to leave the UK, during self-isolation.

Contact 111 if you need medical help. In an emergency dial 999.]

(4) Where—

(a)regulation 4 [F270, 4ZA [F271, 4ZB] or 4A] of the Health Protection (Notification) Regulations 2010 applies in relation to the test provider; or

(b)if the test provider arranges with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, either of those regulations applies to X in the carrying out of that element,

the regulation applies as if it required the information described in sub-paragraph (5) to be included in the notification to [F272the United Kingdom Health Security Agency].

(5) The information mentioned in sub-paragraph (4) is—

(a)the date on which P last departed from or transited through a category 2 country or territory;

(b)P's coach number, flight number or vessel name (as appropriate);

F273(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bb)P’s passport number or travel document number (as appropriate);

(bc)the test reference number given to P in accordance with sub-paragraph (5) of paragraph 10 (required circumstances for undertaking a day 2 test or a day 8 test);

(c)the country or territory P was travelling from when P arrived in England, and any country or territory they transited through as part of that journey;

(d)the date on which P undertook the appropriate test;

(e)whether the test is—

F274(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F275(ii)a day 2 test for an eligible [F276traveller],

(iia)a day 2 test for a person who is [F277not an eligible traveller], or]

(iii)a day 8 test.

Textual Amendments

Commencement Information

I68Sch. 8 para. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Notification of test results: lateral flow device testsE+W

F27811A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Charge for day 2 tests and day 8 testsE+W

12.—(1) The Secretary of State or a person designated by the Secretary of State may impose a charge in respect of [F279any test provided in accordance with this Schedule by a public provider].

(2) The Secretary of State—

(a)must publish details of the charges in such manner as the Secretary of State considers appropriate; and

(b)may recover any sum owed by a person pursuant to such a charge as a debt.

Textual Amendments

Commencement Information

I69Sch. 8 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 7(5)

SCHEDULE 9E+WWorkforce tests

Interpretation of this ScheduleE+W

1.  In this Schedule—

(a)“P” means a person required to undertake workforce tests under regulation 7 (requirement to undertake workforce tests);

(b)“workforce test” means any of the categories of workforce test described in regulation 7(6).

Commencement Information

I70Sch. 9 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Requirement after failure to undertake testE+W

2.—(1) Sub-paragraph (2) applies where P fails to undertake a workforce test that P is required by regulation 7 to undertake.

(2) Where this sub-paragraph applies, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the earlier of—

(a)the end of the 14th day after the day on which P arrived in England; or

(b)the time P obtains a negative result from a workforce test.

(3) P must comply with any applicable obligations in regulation 7(2) during any period that P is required to self-isolate in accordance with sub-paragraph (2).

(4) Where P is required to self-isolate in accordance with sub-paragraph (2), regulation 2(2) of the Self-Isolation Regulations (meaning of self-isolate) applies as if it also permitted P to leave the place of self-isolation where necessary to undertake a workplace test.

Commencement Information

I71Sch. 9 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Consequences of test resultsE+W

3.—(1) Where a workforce test undertaken by P in accordance with regulation 7 generates a positive result—

(a)P must as soon as reasonably practicable undertake a further test which complies with the requirements for a day 2 test specified in paragraph 6 of Schedule 8 (mandatory testing after arrival in England), in the circumstances specified in paragraph 10 of that Schedule (other than the circumstances in paragraph 10(2) about when a test must be undertaken);

(b)P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the end of the 10th day after the day P undertook the test.

(2) Where sub-paragraph (1) applies—

(a)if the test taken by P was a workforce test undertaken for day 2, P is not required to undertake a workforce test for day 5 or day 8;

(b)if the test undertaken by P was a workforce test undertaken for day 5, P is not required to undertake a workforce test for day 8.

(3) Where a further test undertaken in accordance with sub-paragraph (1)(a) generates a negative result, this paragraph applies to P from the time P is notified of that negative result as if the workforce test undertaken by P in accordance with regulation 7 had generated a negative result (and accordingly, from that time, P is no longer required to self-isolate).

(4) Paragraph 11(4) and (5) (notification of test results) of Schedule 8 applies in relation to a further test undertaken pursuant to sub-paragraph (1)(a) as it applies to a test provider in relation to a test provided under Schedule 8.

(5) Where a workforce test undertaken by P in accordance with regulation 7 generates an inconclusive result, P must as soon as reasonably practicable undertake a further workforce test and that further workforce test is to be treated as a replacement workforce test within the meaning of regulation 7(4).

Commencement Information

I72Sch. 9 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Duties on employersE+W

4.—(1) An employer with more than 50 employees who is the employer of any person who is required to undertake workforce tests or has responsibility for any agency worker who is required to undertake workforce tests, must take reasonable steps to facilitate the taking of those tests by that person or agency worker in accordance with these Regulations.

(2) In the discharge of the duty under sub-paragraph (1), an employer must have regard to any guidance issued by the Secretary of State for the purposes of this paragraph.

(3) In sub-paragraph (1) an employer has responsibility for an agency worker if—

(a)the agency worker is supplied or to be supplied by a person (an “agent”) to the employer under a contract or other arrangements made between the agent and the employer; and

(b)the agency worker is not—

(i)a worker because of the absence of a worker's contract between the agency worker and the agent or the employer, or

(ii)a party to a contract under which the agency worker undertakes to do the work for another party to a contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the agency worker.

Commencement Information

I73Sch. 9 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 9(16)

SCHEDULE 10E+WOptional testing after arrival in England

Application of this ScheduleE+W

1.  A person who is required by regulation 9(2) to self-isolate (“P”) may undertake an appropriate test in the circumstances described in paragraph 4 for the purposes of determining whether they may cease self-isolating (as provided for in regulation 9(16)).

Commencement Information

I74Sch. 10 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Appropriate testsE+W

2.—(1) A test is an “appropriate test” where—

(a)it is a test for the detection of coronavirus;

(b)the manufacturer of any device used for the purposes of the test states that the device has—

[F280(i)a sensitivity greater than or equal to 95% (or a 95% two-sided confidence interval entirely above 90%),]

[F281(ii)a specificity greater than or equal to 97% (or a 95% two-sided confidence interval entirely above 95%),]

(iii)a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, and

(iv)uses an established molecular detection method;

(c)any device used for the purposes of the test—

(i)can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations,

(ii)has been validated no more than 18 months before the test is administered or provided to P;

(d)it is not a test provided or administered under the National Health Service Act 2006, the National Health Service (Wales) Act 2006 M47, the National Health Service (Scotland) Act 1978 M48, or the Health and Personal Social Services (Northern Ireland) Order 1972 M49; and

(e)the test provider complies with paragraph 3.

(2) For the purposes of sub-paragraph (1), “validated”, in relation to a device, means confirmed as having the required sensitivity and specificity using at least 150 positive clinical samples and 250 negative clinical samples against a laboratory-based RT-PCR test that is itself within the performance specification of the target product profile published by the Medicines and Healthcare Products Regulatory Agency for laboratory based SARS-CoV-2 PCR tests, by—

(a)the Secretary of State;

(b)a laboratory which is accredited to ISO standard 15189 or ISO/IEC standard 17025 M50 by—

(i)the United Kingdom Accreditation Service M51 (“UKAS”), or

(ii)an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation (“ILAC”) Mutual Recognition Arrangement M52 or the European co-operation for Accreditation (“EA”) Multilateral Agreement M53,

other than a laboratory which processes tests provided by the test provider for the purposes of this Schedule or is owned by the test provider or the device manufacturer. M54; or

(c)a laboratory which is accredited by UKAS to ISO standard 15189 or ISO/IEC standard 17025 M55, other than a laboratory which processes tests provided by the test provider for the purposes of this Schedule or is owned by the test provider or the device manufacturer.

Textual Amendments

Commencement Information

I75Sch. 10 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M50ISO standards are published in Geneva by the International Organisation for Standardisation, and are available on their website (www.iso.org) or at ISO Central Secretariat, International Organization for Standardization (ISO), 1 rue de Varembé, Case postale 56, CH-1211, Geneva 20, Switzerland. ISO/IEC 17025 General requirements for the competence of testing and calibration laboratories was published in November 2017.

M51The United Kingdom Accreditation Service is a company limited by guarantee incorporated in England and Wales under number 3076190.

M52ILAC is an international organisation which coordinates the work of its signatory national accreditation bodies which are themselves involved in the accreditation of conformity assessment bodies, testing laboratories, and medical testing laboratories.

M53EA is a regional organisation which coordinates the work of its signatory national accreditation bodies. EA is recognised by and works closely with ILAC.

M54A body corporate established under section 232 of the Health and Social Care Act 2012 (c. 7).

M55ISO standards are published in Geneva by the International Organisation for Standardisation, and are available on their website (www.iso.org) or at ISO Central Secretariat, International Organization for Standardization (ISO), 1 rue de Varembé, Case postale 56, CH-1211, Geneva 20, Switzerland. ISO/IEC 17025 General requirements for the competence of testing and calibration laboratories was published in November 2017. ISO 15189 Medical Laboratories requirements for quality and competence was published in November 2012.

Test providersE+W

3.—(1) A test provider complies with this paragraph where—

(a)they provide appropriate tests in a single end-to-end testing service (whether or not they arrange with another person (“X”) for X to provide one or more elements of the service on their behalf);

(b)they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/PrivateSectorSelfDeclaration [F282and the Department has confirmed in writing that it considers the provider meets those standards];

[F283(ba)they continue to meet the minimum standards to which the declaration mentioned in paragraph (b) relates;]

(c)in relation to a test which requires laboratory processing—

(i)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025, in respect of the taking of samples, and

(ii)the laboratory used by the test provider for the processing of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025, in respect of the processing of samples;

(d)in relation to a point of care test, they meet the relevant requirements for accreditation to ISO standard 15189 and ISO standard 22870 M56;

(e)a registered medical practitioner has oversight and approval of medical practices undertaken by the test provider, and responsibility for reporting medical issues;

(f)they have an effective system of clinical governance in place which includes appropriate standard operating procedures in relation to the carrying out of appropriate tests;

(g)a registered clinical scientist has oversight of clinical practices undertaken by the test provider, and responsibility for reporting clinical issues;

(h)they have systems in place to identify any adverse incidents or quality control issues in relation to appropriate tests and be able to report them as soon as reasonably practicable to the Secretary of State;

(i)they administer or provide an appropriate test to P, on or after the fifth day after the day on which P arrived in England having received the information required by paragraph 4(b) and (c) (as appropriate); and

(j)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with any of paragraphs (c) to (i) and 5(2), (3) and (5) as is relevant to the carrying out of that element.

(2) For the purposes of sub-paragraph (1)—

(a)“point of care test” means a test processed outside a laboratory environment;

(b)“registered clinical scientist” means a person registered as a clinical scientist with the Health and Care Professions Council pursuant to article 5 of the Health Professions Order 2001 M57;

(c)“single end-to-end testing service” means a service which comprises accepting the booking from the person to be tested, [F284providing the test,] collecting and processing the sample to be tested, carrying out genomic sequencing and providing the test result to P.

[F285(3A) For the purposes of sub-paragraph (1)(c) and (d), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of regulation 6 of the Health Protection (Coronavirus, Testing Requirements and Standards) (England) Regulations 2020 as if a reference to an applicable test were a reference to an appropriate test.]

Textual Amendments

Commencement Information

I76Sch. 10 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M56ISO 22870 Point-of-care testing (POCT) requirements for quality and competence was published in November 2016.

Required circumstances for undertaking testingE+W

4.  The circumstances mentioned in paragraph 1 are that—

(a)P undertakes the test on or after the fifth day after the day on which P arrived in England;

(b)subject to sub-paragraphs (c) and (d), at the time the test is booked P notifies the test provider that P wishes to undertake the test for the purposes of determining whether they may cease self-isolating under these Regulations, and provides the test provider with—

(i)their full name,

(ii)their sex,

(iii)their date of birth,

(iv)their NHS number (if known and applicable),

(v)their ethnicity,

(vi)their home address, and the address or addresses at which they intend to self-isolate in accordance with regulation 9 while in England (if different),

(vii)the date of their arrival in the United Kingdom,

(viii)their coach number, flight number or vessel name (as appropriate),

(ix)the date on which they last departed from or transited through a category 2 country or territory,

(x)the country or territory they were travelling from when they arrived in the United Kingdom, and any country or territory they transited through as part of that journey,

(xi)their email address,

(xii)their telephone number,

(xiii)their passport number, or travel document reference number (as appropriate);

[F286(xiv)information as to whether or not P has received a vaccine against SARS-CoV-2.]

F287(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)where P is a child, or a person with a disability who is unable for that reason to provide the notification and information set out in paragraph (b) F288... to the test provider—

(i)the notification and information set out in paragraph (b) F289..., other than in paragraph (b)(xi) and (xii), is provided to the test provider on P's behalf by another person (“X”), and

(ii)either the information set out in paragraph (b)(xi) and (xii) is provided by X to the test provider or, where appropriate, X provides their own telephone number and email address to the test provider;

(d)at the time the test is booked and payment made the test provider gives P a test reference number in the format specified in sub-paragraph (e) and, where appropriate, also provides that test reference number to X;

(e)a test reference number must consist of 12 characters comprising 5 letters followed by 7 digits.

Textual Amendments

Commencement Information

I77Sch. 10 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Notification of test resultsE+W

5.—(1) Sub-paragraphs (2) to (6) apply to a test provider who administers or provides an appropriate test to P in the circumstances described in paragraph 4.

(2) The test provider must, [F290within 48 hours of the time when the sample taken for the purposes of the test is received by the diagnostic laboratory]—

(a)notify P or, where paragraph 4(c) applies, X by email, letter, or text message, of the result of P's test; or

(b)make P's test result available to P, or to X where paragraph 4(c) applies, via a secure web portal,

in accordance with sub-paragraph (3).

(3) The notification of P's test result must include P's name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the test provider and P's test reference number, and must be conveyed using one of the following forms of words, as appropriate—

[F291Form A: negative test result

Your coronavirus (COVID-19) test result is negative. You did not have the virus when the test was done. If you are self-isolating as an international arrival from a non-red country, region or territory, who was subject to a 10 day isolation period on entry, you may stop self-isolating.

You should self-isolate again if you get symptoms of coronavirus (COVID-19) – get an NHS coronavirus (COVID-19) test from https://www.gov.uk/get-coronavirus-test and self-isolate until you get the results.

For advice on when you might need to self-isolate and what to do, go to https://www.nhs.uk/conditions/coronavirus-covid-19/ and read ‘Self-isolation and treating symptoms’.

It is a legal requirement to self-isolate when you arrive in the UK from a non-red list country, territory or region if you do not meet eligibility criteria to remove the requirement to self-isolate. If you are contacted by the enforcement authorities or the police after you have received this negative result please show them this notification.]

Form B: positive test result

Your coronavirus test result is positive. You had the virus when the test was done.

If you have not had symptoms of coronavirus, you must self-isolate for 10 days from the day after your test date. If you have symptoms of coronavirus, you must self-isolate for 10 days from the day your symptoms started, if earlier than when you took your test.

F292...

You may be contacted for contact tracing and to check that you, and those who you live or are travelling with, are self-isolating.

You must not travel, including to leave the UK, during self-isolation.

Contact 111 if you need medical help. In an emergency dial 999.

Form C: unclear test result

Your coronavirus test result is unclear. It is not possible to say if you had the virus when the test was done.

You must, by law, continue self-isolating for the remainder of your self-isolation period as [F293a non-eligible international arrival] travelling to the UK from an [F294non-red list] country, territory or region. You may be contacted to check that you are self-isolating.

If you want to shorten your self-isolation period you will need to take another test for international arrivals from [F294non-red list] countries, territories or regions. For more information, go to https://www.gov.uk/guidance/coronavirus-covid-19-test-to-release-for-international-travel.

(4) The test provider must, on request, provide a constable or any other person employed in or for the purposes of any police force, with—

(a)P's passport number, or travel document reference number (as appropriate);

(b)P's test result;

(c)the date on which P undertook the test;

(d)the date on which the test result was notified or made available to P or X in accordance with sub-paragraphs (2) and (3).

(5) Where—

(a)regulation 4 or 4A of the Health Protection (Notification) Regulations 2010 M58 applies in relation to the test provider; or

(b)if the test provider arranges with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, either of those regulations applies to X in the carrying out of that element,

the regulation applies as if it required the information described in sub-paragraph (6) to be included in the notification to [F295the United Kingdom Health Security Agency].

(6) The information mentioned in sub-paragraph (5) is—

(a)the date on which P last departed from or transited through a category 2 country or territory;

(b)P's coach number, flight number or vessel name (as appropriate);

F296(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bb)P’s passport number or travel document number (as appropriate);

(bc)the test reference number given to P in accordance with sub-paragraph (d) of paragraph 4 (required circumstances for undertaking testing);

(c)the country or territory P was travelling from when P arrived in the United Kingdom, and any country or territory they transited through as part of that journey;

(d)the date on which P undertook the appropriate test;

(e)the fact that the test is an appropriate test for the purposes of this Schedule.

[F297(f)whether or not P has received a vaccine against SARS-CoV-2.]

Textual Amendments

Commencement Information

I78Sch. 10 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M58S.I. 2010/659; regulation 4 was amended by S.I. 2013/235, 2020/1175, 2020/764, 2021/150 and regulation 4A was inserted by S.I. 2020/1175.

Regulation 10

SCHEDULE 11E+WAdditional measures applicable to arrivals from category 3 countries and territories

Application of this ScheduleE+W

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.

Commencement Information

I79Sch. 11 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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

(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)F298... paragraph 1(2) ([F299relevant international event] attendees etc),

(ii)paragraph 2 (UK border activities),

(iii)paragraph 3 (defence activities),

(iv)paragraph 4 (border security),

[F300(iva)paragraph 4A (essential foreign policing),]

(v)paragraph 6 (seamen and masters) [F301unless they have travelled to the United Kingdom to work, or have been repatriated to the United Kingdom after working, on board a cruise ship],

(vi)paragraph 7 (pilots),

(vii)paragraph 8 (inspectors and surveyors of ships) [F302unless they have travelled to the United Kingdom to work on board a cruise ship or after completing work on board a cruise ship],

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

(ix)paragraph 12 (transit passengers),

[F303(ixa)paragraph 12A (non-disembarking cruise passengers),]

F304(x). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xi)paragraph [F30519 or 20] (extradition escorts),

(xii)paragraph 34 (human tissue carriers);

[F306(xiii)paragraph 47 (in-flight security officers);]

F307(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F307(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F307(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F307(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F307(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F308(la)an international elite sportsperson as defined in paragraph 44(2) of Schedule 4 (but as if for “category 2” there were substituted “category 3”), provided—

(i)they have departed from or transited through the category 3 country or territory in order to compete in an elite sports event as defined in paragraph 44(2) of Schedule 4, and

(ii)the competition for which they are travelling to England is an elite sports event specified in sub-paragraph (3A);]

[F309(lb)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 (but as if for “category 2” there were substituted “category 3” in each place it appears), if they—

(i)have departed from or transited through the category 3 country or territory in order to compete in an elite sports event, and

(ii)have returned to England with the intention of continuing their activities as a sportsperson by participating in training for or competing in an elite sports event specified in sub-paragraph (3B);]

F310(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F311(n)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 Schedule;

(o)a member of the family forming part of the household of a person to whom paragraph (n) applies where, prior to P’s departure to the United Kingdom—

(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 Schedule.]

(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.

F312(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F312(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F312(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F312(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F312(2DA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F312(2E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F313(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F314(3A) The following elite sports events are specified for the purposes of sub-paragraph (1)(la)(ii)—

(a)UEFA Champions League fixtures;

(b)UEFA Europa League fixtures;

(c)UEFA Europa Conference League fixtures.]

[F315(3B) The following elite sports events are specified for the purposes of sub-paragraph (1)(lb)(ii)—

(a)UEFA Champions League fixtures;

(b)UEFA Europa League fixtures;

(c)UEFA Europa Conference League fixtures;

(d)UEFA Women’s Champions League fixtures;

(e)Football Association International fixtures;

(f)Premier League fixtures;

(g)English Football League fixtures;

(h)FA Cup fixtures;

(i)English Football League Cup fixtures;

(j)English Football League Trophy fixtures;

(k)Women’s Super League fixtures;

(l)Women’s FA Cup fixtures;

(m)FA Women’s League Cup fixtures;

(n)Premier League 2 fixtures;

(o)FA Youth Cup fixtures.]

(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.

Textual Amendments

Commencement Information

I80Sch. 11 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Limitation on ports of entryE+W

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

Commencement Information

I81Sch. 11 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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

(a)Heathrow Airport;

(b)Gatwick Airport;

(c)London City Airport;

(d)Birmingham Airport;

(e)Farnborough Airport;

(f)Bristol Airport;

[F316(fa)London Biggin Hill Airport.]

F317(fb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)any military airfield or port.

Textual Amendments

Commencement Information

I82Sch. 11 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Duties on arrivalE+W

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

Commencement Information

I83Sch. 11 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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.E+W

Commencement Information

I84Sch. 11 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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.E+W

Commencement Information

I85Sch. 11 para. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

8.—[F318(1)] In this Schedule a “managed self-isolation package” means—E+W

(a)a booking for a place in accommodation designated by the Secretary of State for the purposes of this Schedule [F319or, if paragraph 8A applies, arrangements to stay in a private residence or other place where P is able to self-isolate (“self-arranged accommodation”)];

(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).

[F320(2) A reference in this Schedule to designated accommodation includes a reference to self-arranged accommodation referred to in sub-paragraph (1)(a).]

Textual Amendments

Commencement Information

I86Sch. 11 para. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F3218A.  This paragraph applies where P arrives in England between 12 noon on 26th November 2021 and 4 a.m. on 28th November 2021—E+W

(a)from a category 3 country or territory, or

(b)having at any time in the period beginning with the 10th day before the date of P’s arrival in England departed from or transited through a category 3 country or territory.]

Textual Amendments

Charge for managed self-isolation packageE+W

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.

Commencement Information

I87Sch. 11 para. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Duty to self-isolate and period of self-isolationE+W

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).

Commencement Information

I88Sch. 11 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Exceptions from duty to self-isolateE+W

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 [F322;

(c)from any person who is required to self-isolate at the same accommodation as P under paragraph 18B(2)].

Textual Amendments

Commencement Information

I89Sch. 11 para. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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—E+W

(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 M59;

(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).

Commencement Information

I90Sch. 11 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M592006 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.

Permitted reasons to leave or be outside place of self-isolationE+W

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.

Commencement Information

I91Sch. 11 para. 13 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Meaning of “place”E+W

14.—[F323(1)] For the purposes of this Schedule [F324, subject to sub-paragraph (2),] 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.

[F325(2) Where paragraph 8A applies, and P is staying in self-arranged accommodation referred to in paragraph 8(1)(a), if no other person is residing in the self-arranged accommodation with P apart from a person—

(a)with whom P was travelling when P arrived in England who is also self-isolating in that accommodation, or

(b)a person who is required to self-isolate with P in accordance with paragraph 18B,

the place referred to in paragraphs 8 to 13 is to be treated as including the whole of the self-arranged accommodation.]

Textual Amendments

Commencement Information

I92Sch. 11 para. 14 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

DesignationsE+W

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.

Commencement Information

I93Sch. 11 para. 15 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Duties where P is a childE+W

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 [F3265, 6 and 18A];

[F327(aa)if no person has responsibility for P when P is travelling to England—

(i)a responsible adult must be nominated before P arrives in England, to have responsibility for P during P’s period of self-isolation in accordance with this Schedule,

[F328(ii)the responsible adult nominated under paragraph (i) must as far as reasonably practicable ensure that on P’s arrival in England P is in possession of a booking for the responsible adult for a place in accommodation with P, and]

(iii)the responsible adult must reside in the place where P is residing in accordance with paragraph 17;]

(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.

Textual Amendments

Commencement Information

I94Sch. 11 para. 16 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Person caring for PE+W

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.

Commencement Information

I95Sch. 11 para. 17 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Modification of application of this Schedule where P is a relevant personE+W

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, [F3299, 10, 18A(2) and 18B(1)(b)] 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.

[F330(1A) Where P is a relevant person by virtue of sub-paragraph (2)(a)(ix) or (3) to (6) [F331or where paragraph 8A applies and P is self-isolating in self-arranged accommodation referred to in paragraph 8(1)(a)]—

(a)paragraph 18A (requirement to provide contact details) applies to P;

(b)paragraph 18B (requirement to self-isolate with P) applies to a person residing at the accommodation where P self-isolates;

(c)paragraph 18C (requirement on employers of self-isolating workers) applies to a person who employs P or a person within paragraph (b).]

(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 [F3322021], a child;

(b)P travels to the UK for the purposes of receiving education at a boarding school in [F333the UK] 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.

[F334(3A) P is also a relevant person if—

(a)P is a child on the day P arrives in England;

(b)P travels to the UK for the purposes of receiving education at a further education institution or higher education provider in England or Wales 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; 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 [F335—

(i)the severe medical or health condition that P has;

(ii)the support reasonably needed by P to manage P’s medical or health condition if required to self-isolate in designated accommodation; and

(iii)the probable impact to P’s health if P were to be required to self-isolate in designated accommodation, and the support identified as being reasonably needed were not provided;]

(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 [F336school in the UK, or college in England or in Wales,] 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 M60,

(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 M61,

(iii)an independent school (as defined by section 463 of the Education Act 1996 M62) registered under section 95 of the Education and Skills Act 2008 M63,

(iv)a non-maintained special school (as defined in section 337A of the Education Act 1996 M64, F337...

(v)a pupil referral unit within the meaning of section [F33819(2) or (2B)] of the Education Act 1996 M65 [F339;

(vi)an independent school included in the register of independent schools in Wales (kept under section 158 of the Education Act 2002),

(vii)a school within the meaning of Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986, or

(viii)a school within the meaning given by section 135(1) of the Education (Scotland) Act 1980];

(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 M66, or

(ii)a 16 to 19 Academy within the meaning of section 1B of the Academies Act 2010 M67.

[F340(d)“further education institution” means an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992;

(e)“higher education provider” has the meaning in section 83(1) of the Higher Education and Research Act 2017].

Textual Amendments

Commencement Information

I96Sch. 11 para. 18 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M602010 c. 32; section 1C was inserted by section 53(7) of the Education Act 2011 (c. 21).

M611998 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.

M621996 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

M641996 c. 56; section 337A was substituted by section 142(1) of the Education and Skills Act 2008 (c. 25).

M65Section 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.

M661992 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).

M67Section 1B was inserted by section 53(7) of the Education Act 2011.

[F341Requirement to provide contact detailsE+W

18A.—(1) P must, on arrival in England, have provided to the Secretary of State the information described in paragraph (2) so far as it is known to, or reasonably ascertainable by, P.

(2) The information referred to in paragraph (1) is the name of each person who will be residing at the accommodation where P is to self-isolate in accordance with their managed self-isolation package during P’s period of self-isolation.

Textual Amendments

Requirement to self-isolate with PE+W

18B.—(1) A person (“B”) must self-isolate in accordance with this paragraph where—

(a)B has been notified by the Secretary of State that they must self-isolate in accordance with this paragraph, and

(b)B is residing at the accommodation where P is to self-isolate in accordance with their managed self-isolation package (“P’s self-isolation accommodation”) during P’s period of self-isolation.

(2) B must self-isolate at P’s self-isolation accommodation until the end of P’s period of self-isolation (or the period that P would be required to self-isolate but for paragraph 13).

(3) If B is a child, any person who has custody or charge of B during B’s period of self-isolation must ensure, so far as reasonably practicable, that B self-isolates in accordance with this paragraph.

Textual Amendments

Modifications etc. (not altering text)

Requirement on employers of self-isolating workersE+W

18C.—(1) An employer of a person required to self-isolate under paragraph 18B(2) (“B”) must not knowingly allow B to attend any place other than the place they are self-isolating for any purpose related to B’s employment.

(2) In sub-paragraph (1), “employer” includes an agent or principal where—

(a)B is supplied by the agent to do work for the principal under a contract or other arrangements made between the agent and principal, and

(b)B is not—

(i)as respects that work, a worker, because of the absence of a worker’s contract between B and the agent or the principal, or

(ii)a party to a contract under which B undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by B.]

Textual Amendments

Modification of application of this Schedule where P is taking up employment as an NHS nurseE+W

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 M68;

(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 M69;

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

Commencement Information

I97Sch. 11 para. 19 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M68Laid 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).

M692006 c. 41. Section 30 was amended by section 159 of the Health and Social Care Act 2012 (c. 7).

Regulation 14

SCHEDULE 12E+WInformation for passengers

[F342PART 1E+WESSENTIAL INFORMATION TO ENTER THE UK FROM OVERSEAS

Textual Amendments

[F343All persons (including UK nationals and residents) arriving in the UK from outside the CTA must provide proof of a negative COVID-19 test taken within 2 days of departure to the UK. For further information please visit: www.gov.uk/guidance/coronavirus-covid-19-testing-for-people-travelling-to-england.]

Textual Amendments

Fill in your Passenger Locator Form before arrival. You must declare all countries you have visited or transited through in the 10 days prior to your arrival on your Passenger Locator Form.

Before departure check the list of red countries, as the list can change regularly.

Red list passengers (including passengers who are fully vaccinated)E+W

F3441.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F3451.]  Book a managed quarantine package

Textual Amendments

[F3462.]  Complete a Passenger Locator Form

You can only enter if you are a British or Irish National, or you have residency rights in the UK. You must enter through a designated port and quarantine in a government approved hotel for 10 days.

Textual Amendments

Unvaccinated passengers or passengers vaccinated with unauthorised vaccinesE+W

F3471.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F3481.   Book PCR tests to take on or before day 2 and on or after day 8]

Textual Amendments

[F3492.]  Complete a Passenger Locator Form

Textual Amendments

[F3503.]  Make plans to  [F351self-isolate] in private accommodation for 10 full days after arrival (or full duration of stay if less than 10 days)

Textual Amendments

[F352Fully vaccinated passengers who are not red-list passengers E+W

[F3531.   Book a PCR test to take on or before day 2]

Textual Amendments

2.  Complete a passenger locator form

Textual Amendments

3.  Self-isolate on arrival and until the result of your day 2 test is known. You may only leave self-isolation if the test is negative]

These measures apply to all persons (including UK nationals and residents) arriving in the UK from outside the common travel area comprising the United Kingdom, Ireland, the Isle of Man, and the Channel Islands. The British Overseas Territories are not in the common travel area. Public health requirements may vary depending upon in which nation of the UK you are staying.

England: https://www.gov.uk/uk-border-control

Northern Ireland: https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice

Scotland: https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine/

Wales: https://gov.wales/arriving-wales-overseas

Failure to comply with these measures is a criminal offence and you could be fined. There are a limited set of exemptions from these measures. Check the list of exemptions carefully. You may be fined if you fraudulently claim an exemption.]

Textual Amendments

[F354PART 2E+W

Textual Amendments

Onboard announcementE+W

The following is a public health message on behalf of the UK’s public health agencies.

[F355If you are fully vaccinated or otherwise meet the eligibility criteria, you must take a PCR test on or before day 2 after you arrive. You must self-isolate on arrival and may only leave self-isolation if the result of the test is negative.

Unvaccinated passengers must self-isolate for 10 days and take a test on day 2 and day 8 after you arrive.]

If you have been in or transited through any countries on the red list within the previous 10 days, you must quarantine in a managed quarantine facility for the first 10 days after arrival and also take another test 8 days after arrival.

The symptoms of coronavirus are a new continuous cough, a high temperature or a loss of, or change in, normal sense of taste or smell. If you experience any of these symptoms, however mild, you are advised to make yourself known to the crew.

Please follow the Public Health guidance for the area you are living or travelling in.

Visit gov.uk/coronavirus for more advice.]

Textual Amendments

PART 3E+WRelevant websites

Commencement Information

I98Sch. 12 Pt. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

1.  The following are “the relevant websites” for the purposes of regulation 14—E+W

Regulation 18(3)

SCHEDULE 13E+WProhibition on the arrival of aircraft and vessels into England

Interpretation of this ScheduleE+W

1.—(1) In this Schedule—

“controller” means—

(a)

in relation to a commercially operated aircraft or vessel, the person who has management control over the aircraft or vessel when it arrives in England,

(b)

in relation to any other aircraft or vessel, the person who has physical control over the aircraft or vessel when it arrives in England;

“passenger” means a person carried in or on an aircraft or vessel other than a member of the aircraft or vessel's crew;

“port” has the same meaning as in the Merchant Shipping Act 1995 M70.

(2) In the definition of “controller” in sub-paragraph (1) “arrives” means—

(a)in relation to an aircraft, lands;

(b)in relation to a vessel, moors at a port.

Commencement Information

I99Sch. 13 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

Prohibition on arrival of aircraft into EnglandE+W

2.—(1) A controller must not cause or permit an aircraft whose last point of departure was in a country or territory listed in paragraph 4 to land in England unless—

(a)landing in England is reasonably necessary to secure the safety of the aircraft or the health and safety of any person aboard it;

(b)the landing is only for the purpose of refuelling, or aircraft maintenance, and no passengers are permitted to board, or disembark from, the aircraft;

(c)the aircraft is an air ambulance and landing for the purpose of transporting a person for medical treatment; [F356or]

[F357(d)the circumstances specified in regulation 18(2)(c) apply in relation to the aircraft.]

(2) This paragraph does not apply in relation to—

(a)a commercially operated aircraft carrying no passengers;

(b)an aircraft operated by or in support of Her Majesty's Government in the United Kingdom;

(c)an aircraft operated by or in support of a foreign country or territory where, prior to its arrival in England, a United Kingdom Government Department has provided written confirmation to the operator that the aircraft is carrying passengers who are travelling to conduct official business with the United Kingdom.

[F358(d)a commercially operated aircraft carrying passengers that lands at—

(i)Birmingham Airport, or

(ii)Heathrow Airport]

[F359(3) Sub-paragraph (2)(d) does not apply in the period starting at 12 noon on 26th November 2021 and ending at 4 a.m. on 28th November 2021.]

Textual Amendments

F356Sch. 13 para. 2(1): word “or” moved from after para. (b) to after para. (c) (28.8.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(3)(c), 19(2)

Commencement Information

I100Sch. 13 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Prohibition on arrival of vessels into EnglandE+W

3.—(1) A controller must not cause or permit a vessel whose last point of departure was a country or territory listed in paragraph 5 to moor at a port in England unless mooring at a port in England—

(a)is reasonably necessary to secure the safety of the vessel or the health and safety of any person aboard it; or

(b)is otherwise required pursuant to a direction issued under Schedule 3A to the Merchant Shipping Act 1995.

(2) This paragraph does not apply in relation to—

(a)a commercially operated vessel carrying no passengers;

(b)a vessel operated by or in support of Her Majesty's Government in the United Kingdom;

(c)a vessel operated by or in support of a foreign country or territory where, prior to its arrival in England, a United Kingdom Government Department has provided written confirmation to the operator that the vessel is carrying passengers who are travelling to conduct official business with the United Kingdom.

Commencement Information

I101Sch. 13 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

4.  The countries or territories referred to in paragraph 2(1) are—E+W

Textual Amendments

Commencement Information

I102Sch. 13 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

5.  The countries or territories referred to in paragraph 3(1) are—E+W

F363...

Textual Amendments

Commencement Information

I103Sch. 13 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

6.  A controller who contravenes paragraph 2(1) or 3(1) commits an offence punishable on summary conviction by a fine.E+W

Commencement Information

I104Sch. 13 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F364Airport operators to ensure passengers use designated terminalsE+W

7.—(1) An airport operator must not cause or permit—

(a)passengers to arrive at a terminal or part of a terminal other than a terminal or part of a terminal designated for direct flights from category 3 countries or territories, if the landing of the aircraft on which they arrived in England would have been prohibited but for paragraph 2(2)(d);

(b)other passengers, apart from Schedule 11 passengers, to arrive at a terminal or part of a terminal designated for direct flights from category 3 countries or territories [F365at any time when category 3 arrivals are being processed in that terminal or part of a terminal]; [F366or]

[F367(c)category 3 arrivals to arrive at a terminal or part of a terminal designated for direct flights from category 3 countries or territories at any time when passengers who are not category 3 arrivals or Schedule 11 passengers are being processed in that terminal or part of a terminal.]

[F368(1A) For the purposes of sub-paragraph (1)(b) [F369and (c)]—

(a)“category 3 arrival” means a passenger who arrives in England on a direct flight from a category 3 country or territory;

(b)a [F370passenger] is being processed in a terminal, or part of a terminal, during the period—

(i)beginning when the passenger (“P”) arrives in that terminal, or that part of a terminal, and

(ii)ending when P exits the place within that terminal, or part of a terminal, where P is required, for the purposes of section 78 of the Customs and Excise Management Act 1979, to declare any thing contained in P’s baggage or carried with P which P obtained outside the United Kingdom.]

(2) Sub-paragraph (1) does not apply where causing or permitting passengers to arrive at a terminal other than in accordance with that sub-paragraph is reasonably necessary to secure the safety of the aircraft or the health and safety of any person.

(3) An airport operator who contravenes sub-paragraph (1) commits an offence punishable on summary conviction by a fine.

(4) For the purposes of this paragraph—

(a)“airport operator” has the meaning given in section 82 of the Airports Act 1986;

(b)a passenger arrives at a terminal or part of a terminal if after disembarking from an aircraft they enter the terminal or part of the terminal for the purpose of entering the United Kingdom or as a transit passenger;

(c)the following are designated for direct flights from category 3 countries or territories—

(i)the part of the terminal at Birmingham Airport known as “South arrival and immigration hall”;

(ii)Heathrow Airport Terminal [F3714].]

Textual Amendments

Regulation 20(4)(c)

SCHEDULE 14E+WAmounts of fixed penalties

Amounts of fixed penaltiesE+W

1.  The amounts specified for the purposes of regulation 20(4)(c) are the amounts specified in paragraphs 2 to 17 in relation to the offences described in each paragraph.

Commencement Information

I105Sch. 14 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(a)E+W

2.  Breach of regulation 3(1), (2) (3) (5), (7) or (8) (without reasonable excuse fail to provide passenger information, or evidence of having provided passenger information, or to update passenger information)—

(a)in the case of the first fixed penalty notice, £500;

(b)in the case of the second fixed penalty notice, £1,000;

(c)in the case of the third fixed penalty notice, £2,000;

(d)in the case of the fourth and subsequent fixed penalty notices, £4,000.

Commencement Information

I106Sch. 14 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(6)E+W

3.  Breach of regulation 19(6) (intentionally or recklessly provide false passenger information)—

(a)if the offence consists of the intentional or reckless provision of false or misleading passenger information relating to the person's travel history in relation to a category 3 country or territory), £10,000;

(b)in any other case—

(i)in the case of the first fixed penalty notice, £500,

(ii)in the case of the second fixed penalty notice, £1,000,

(iii)in the case of the third fixed penalty notice, £2,000,

(iv)in the case of the fourth and subsequent fixed penalty notices, £4,000.

Commencement Information

I107Sch. 14 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(b)E+W

4.  Breach of [F372regulation 3ZA](1), (2), (3) or (4) (without reasonable excuse fail to possess or produce evidence of negative test result on arrival)—

(a)in the case of the first fixed penalty notice, £500;

(b)in the case of the second fixed penalty notice, £1,000;

(c)in the case of the third fixed penalty notice, £2,000;

(d)in the case of the fourth and subsequent fixed penalty notices, £4,000.

Textual Amendments

Commencement Information

I108Sch. 14 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(c)E+W

5.  Breach of [F373regulations 3J (testing requirements on eligible travellers (non-workers) or 6 (requirement to book and undertake tests)]—

(a)in the case of a fixed penalty notice issued in respect of a failure to possess a [F374test or a testing package in accordance with regulation 3J(2) or 6(3)], £1,000;

(b)in the case of a fixed penalty notice issued in respect of a failure to obtain [F375a test or testing package in accordance with regulation 3J(3) or 6(4)], £2,000;

(c)in the case of a fixed penalty notice issued in respect of a failure to obtain a [F376test or a testing package for a child in accordance with regulation 3J(4) or 6(5)], £1,000;

(d)in the case of the first fixed penalty notice issued in respect of a failure to undertake a test in accordance with [F377regulation 3J(6), (7), or (8) F378... or 6(6) or (8)], £1,000;

(e)in the case of the second fixed penalty notice issued in respect of a failure to undertake a test in accordance with [F379regulation 3J(6), (7), or (8) F380... or 6(6) or (8)], £2,000;

(f)[F381regulation 3J(5) or 6(11) (duty to provide evidence)], £1,000.

Textual Amendments

Commencement Information

I109Sch. 14 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(d)E+W

6.  Breach of regulation 7(2), (3) or (9) (requirement to undertake workforce tests)—

(a)in the case of a first fixed penalty notice, £1,000;

(b)in the case of a second fixed penalty notice, £2,000;

(c)in the case of a third and subsequent fixed penalty notice, £3,000.

Commencement Information

I110Sch. 14 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(e)E+W

7.  Breach of regulation 8(2), (3), (4), (5), (7), (9), (10), (12) or (13) (requirement for offshore workers to undertake tests)—

(a)in the case of a first fixed penalty notice, £1,000;

(b)in the case of a second fixed penalty notice, £2,000;

(c)in the case of a third and subsequent fixed penalty notice, £3,000.

Commencement Information

I111Sch. 14 para. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(f) [F382and (iza)] E+W

8.  Breach of regulation [F3833K(1), except where regulation 3K(6), (7) or (8) applies to a person, regulation 2A of the Self-Isolation Regulations as that regulation applies to P by virtue of paragraph 3(2A) of Schedule 8, or] 9(2), (7) or (13) (requirement to self-isolate, travel to place of self-isolation or require child to self-isolate or travel to place of self-isolation)—

(a)in the case of the first fixed penalty notice, £1,000;

(b)in the case of the second fixed penalty notice, £2,000;

(c)in the case of the third fixed penalty notice, £4,000;

(d)in the case of the fourth and subsequent fixed penalty notice, £10,000.

Textual Amendments

Commencement Information

I112Sch. 14 para. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(g)E+W

9.  Breach of requirement in or imposed under regulation 11 (self-isolation directions) unless the requirement relates to Schedule 11 (additional measures applicable to arrivals from category 3 countries or territories), £1,000.

Commencement Information

I113Sch. 14 para. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(h)E+W

10.  Breach of a requirement in or imposed under regulation 11 (self-isolation directions) where the requirement relates to Schedule 11, £10,000.

Commencement Information

I114Sch. 14 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(i) [F384, (ia), (ic)] and (j)E+W

11.  Breach of a requirement in Schedule 11 except under paragraph 3 [F385, 5 [F386, 16(a) or [F387(aa)(i) or (ii), 18A or 18C]]] of that Schedule—

(a)in the case of the first fixed penalty notice, £5,000;

(b)in the case of the second fixed penalty notice, £8,000;

(c)in the case of the third and subsequent fixed penalty notice, £10,000.

Textual Amendments

Commencement Information

I115Sch. 14 para. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(1)(j)E+W

12.  Breach of a requirement in paragraph 3 of Schedule 11, £10,000

Commencement Information

I116Sch. 14 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F38812A.  Breach of a requirement in paragraph 5 [F389, 16(a) or [F390(aa)(i) or (ii) or 18A]] of Schedule 11—E+W

(a)in the case of the first fixed penalty notice, £500;

(b)in the case of the second fixed penalty notice, £1,000;

(c)in the case of the third and subsequent fixed penalty notices, £2,000.]

Textual Amendments

Regulation [F39119(1)(id) and (k)] E+W

13.  Breach of a requirement in paragraph 4 of Schedule 9 (employers' obligations relating to workforce tests) [F392or paragraph 18C of Schedule 11 (employers’ obligations relating to self-isolating workers)]—

(a)in the case of the first fixed penalty notice, £1,000;

(b)in the case of the second fixed penalty notice, £2,000;

(c)in the case of the third fixed penalty notice, £4,000;

(d)in the case of the fourth and subsequent fixed penalty notice, £10,000.

Textual Amendments

Commencement Information

I117Sch. 14 para. 13 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(7)(a)E+W

14.  Breach of requirement under regulation 13(1) (passenger information requirement by operator), £4,000.

Commencement Information

I118Sch. 14 para. 14 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 19(7)(b) to (d)E+W

15.  Breach of requirement under regulation 16(1), 17(1) [F393, 17A(1)] or 18(1) (other operator offences), £2,000.

Textual Amendments

Commencement Information

I119Sch. 14 para. 15 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F394Regulation 19(7)(cd)E+W

15A.  Breach of requirement under regulation 17A(3) (operator systems offence), £4,000.]

Textual Amendments

Regulation 19(13)E+W

16.  Breach of requirement under regulation 15 (operator records and information), £500.

Commencement Information

I120Sch. 14 para. 16 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

[F395Regulation 19(13A)E+W

16A.  Breach of requirement under regulation 17A(4) or (5) (operator systems records), £4,000.]

Textual Amendments

[F396Regulation 19(13B)(a)E+W

16B.  Breach of requirement under regulation 18A(1) F397... or (2) (requirements on test providers)—

(a)in the case of a first fixed penalty notice, £2,500;

(b)in the case of a second fixed penalty notice, £5,000;

(c)in the case of a third fixed penalty notice, £10,000.

Textual Amendments

Regulation 19(13B)(b)E+W

16C.  Breach of requirement under regulation 18B(1) (requirements on other persons providing testing services)—

(a)in the case of a first fixed penalty notice, £2,500;

(b)in the case of a second fixed penalty notice, £5,000;

(c)in the case of a third fixed penalty notice, £10,000.]

Textual Amendments

Regulation 19(14)E+W

17.  Breach of regulation 19(14) (wilful obstruction of a person carrying out a function under these Regulations)—

(a)obstruction of a function relating to regulation 3—

(i)in the case of the first fixed penalty notice, £500,

(ii)in the case of the second fixed penalty notice, £1,000,

(iii)in the case of the third fixed penalty notice, £2,000,

(iv)in the case of the fourth and subsequent fixed penalty notices, £4,000,

with no account taken of any fixed penalty notices given before 4.00 a.m. on 18th January 2021;

(b)obstruction of a function relating to [F398regulation 3ZA]—

(i)in the case of the first fixed penalty notice, £500,

(ii)in the case of the second fixed penalty notice, £1,000,

(iii)in the case of the third fixed penalty notice, £2,000,

(iv)in the case of the fourth and subsequent fixed penalty notices, £4,000;

(c)obstruction of a function relating to regulations 9 or 11 apart from regulation 11(3), £1,000;

(d)obstruction of a function relating to regulation 11(3) or in relation to regulation 10—

(i)in the case of the first fixed penalty notice, £5,000,

(ii)in the case of the second fixed penalty notice, £8,000,

(iii)in the case of the third and subsequent fixed penalty notice, £10,000;

[F399(da)obstruction of a function relating to regulation 18A(1) or (2) or 18B(1)—

(i)in the case of a first fixed penalty notice, £2,500;

(ii)in the case of a second fixed penalty notice, £5,000;

(iii)in the case of a third fixed penalty notice, £10,000;]

(e)in any other case, £500.

Textual Amendments

Commencement Information

I121Sch. 14 para. 17 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

18.  In determining how many fixed penalty notices a person (“P”) has received for the purposes of paragraph 8 (breach of requirement in regulation 9 to self-isolate etc), if P received more than one fixed penalty notice for that offence before 2nd October 2020, only one of those notices may be taken into account.E+W

Commencement Information

I122Sch. 14 para. 18 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Regulation 26(2)

SCHEDULE 15E+WConsequential Amendments

1.—(1) The Health Protection (Notification) Regulations 2010 M71 are amended as follows.E+W

(2) In regulation 4(3D)(b), for “regulation 3B of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ regulation 6 of the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ”.

(3) In regulation 4ZA—

(a)in the heading, for “the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ”;

(b)in paragraph (1)(a), for “regulation 3B of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the 2020 Regulations”)” substitute “ regulation 6 of the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (“the International Travel and Operator Liability Regulations”) ”;

(c)in paragraph (1)(c), for “paragraph 7(1)(f) of Schedule 2C to the 2020 Regulations” substitute “ paragraph 7(1)(g) of Schedule 11 to the International Travel and Operator Liability Regulations ”;

(d)in paragraph (3), for “paragraph 7(1)(f) of Schedule 2C to the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ paragraph 7(1)(g) of Schedule 11 to the International Travel and Operator Liability Regulations ”.

Commencement Information

I123Sch. 15 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M71S.I. 2010/659. Regulations 4(3D) and 4ZA were inserted by S.I. 2021/150. There are other amendments but none is relevant.

2.—(1) The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 M72 are amended as follows.E+W

(2) In regulation 2D(1)(c), for “regulation 4 of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ regulation 9 of the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ”.

(3) In regulation 6(1)—

(a)in the definitions of “designated place”, “isolation requirements” and “self-isolating worker”, for “regulation 4” substitute “ regulation 9 ”;

(b)in the definition of “International Travel Regulations”, for “the Health Protection (Coronavirus, International Travel) (England) Regulations 2020” substitute “ the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ”.

Commencement Information

I124Sch. 15 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M72S.I. 2020/1045. Regulation 2D was inserted by S.I. 2021/364. There are other amendments but none is relevant.

Regulation 26(3)

SCHEDULE 16E+WTransitional provision

1.  Passenger information provided before 4.00 a.m. on 17th May 2021 by a person pursuant to regulation 3 of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (“the 2020 Regulations”) in advance of arrival in England is treated as passenger information provided for the purposes of these Regulations where the person arrives in England on or after that date.E+W

Commencement Information

I125Sch. 16 para. 1 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

2.  Confirmation given by the Foreign, Commonwealth and Development Office that a person is not required to comply with regulation 3B of the 2020 Regulations is treated as confirmation that the person is not required to comply with regulation 6 of these Regulations where the person arrives in England on or after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I126Sch. 16 para. 2 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

3.  A designation by the Secretary of State of a person as an authorised person under regulation 5(7) of the 2020 Regulations has effect as a designation of that person as an authorised person under of regulation 11(11)(c) of these Regulations.E+W

Commencement Information

I127Sch. 16 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

4.  Regulation 5A of the 2020 Regulations continues to have effect in relation to a constable who exercises the powers in that regulation in relation to a person who arrived in England before 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I128Sch. 16 para. 4 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

5.  A designation by the Secretary of State of a person as a designated officer under regulation 7(2) of the 2020 Regulations has effect as a designation of that person as a designated officer under regulation 20(9)(c)(i) of these [F400Regulations].E+W

Textual Amendments

Commencement Information

I129Sch. 16 para. 5 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

6.  A designation by the Secretary of State of a person as an authorised person under regulation 7(10)(c) of the 2020 Regulations has effect as a designation of that person as an authorised person under regulation 20(9)(a)(iii) of these Regulations.E+W

Commencement Information

I130Sch. 16 para. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

7.  A designation by the Secretary of State under regulation 8 of the 2020 Regulations as a person who may bring proceedings for an offence has effect as a designation under regulation 21(1) of these Regulations.E+W

Commencement Information

I131Sch. 16 para. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

8.  A confirmation from the Foreign, Commonwealth and Development Office or other UK Government Department that a person is not required to comply with Schedule B1A to the 2020 Regulations is treated as confirmation that a person is not required to comply with Schedule 11 of these Regulations where the person arrives in England on or after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I132Sch. 16 para. 8 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

9.  A booking of a managed self-isolation package made before 4.00 a.m. on 17th May 2021 which satisfies the requirements of Schedule B1A to the 2020 Regulations is treated as satisfying the requirements of Schedule 11 to these Regulations where the person to whom the booking relates arrives in England after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I133Sch. 16 para. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

10.  A designation by the Secretary of State under paragraph 9 of Schedule B1A to the 2020 Regulations as a person who may impose a charge under that Schedule has effect as a designation under paragraph 9 of Schedule 11 to these Regulations.E+W

Commencement Information

I134Sch. 16 para. 10 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

11.  Authorisation by the Secretary of State under paragraph 13(2)(a) of Schedule B1A to the 2020 Regulations as a person who may give a permission under that paragraph has effect as authorisation under paragraph 13(2)(a) of Schedule 11 to these Regulations.E+W

Commencement Information

I135Sch. 16 para. 11 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

12.  A designation by the Secretary of State of accommodation or transportation under paragraph 15 of Schedule B1A to the 2020 Regulations has effect as designation of accommodation or transportation, as the case may be, under paragraph 15 of Schedule 11 to these Regulations.E+W

Commencement Information

I136Sch. 16 para. 12 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

13.  Confirmation by the Secretary of State that paragraph 18 of Schedule B1A to the 2020 Regulations applies to a person is treated as confirmation that paragraph 18 of Schedule 11 to these Regulations applies to that person where the person arrives in England after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I137Sch. 16 para. 13 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

14.  Confirmation by a sponsor that paragraph 19 of Schedule B1A to the 2020 Regulations applies to a person is treated as confirmation that paragraph 19 of Schedule 11 to these Regulations applies to that person where the person arrives in England after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I138Sch. 16 para. 14 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

15.  Confirmation by a UK Government Department under paragraph 1(1A)(d) of Schedule 2 to the 2020 Regulations that a person is of the description in that paragraph, is treated as confirmation that the person is of the description in paragraph 1(2)(d) of Schedule 4 to these Regulations where the person arrives in England after 4.00 a.m. on 17th May 2021.E+W

Commencement Information

I139Sch. 16 para. 15 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

16.  Certification by a UK Government Department under paragraphs 13 or 13A of Schedule 2 to the 2020 Regulations that a person is of the description or is undertaking work of the description in those paragraphs, is treated as certification that the person is of the description or is undertaking work of the description in paragraphs 16 or 17 of Schedule 4 to these Regulations where the person concerned arrives in England after 4.00 a.m. on 17th May 2021 (and accordingly such a person is not required to comply with regulation 4 of these Regulations).E+W

Commencement Information

I140Sch. 16 para. 16 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

17.  A designation by the Secretary of State under paragraph 12(1) of Schedule 2C to the 2020 Regulations as a person who may impose a charge under that Schedule has effect as a designation under paragraph 12(1) of Schedule 8 to these Regulations and publication of details of charges under paragraph 12(2)(a) of Schedule 2C to the 2020 Regulations satisfies the requirement under paragraph 12(2)(a) of Schedule 8 to these Regulations as to publication.E+W

Commencement Information

I141Sch. 16 para. 17 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

18.  Guidance issued by the Secretary of State pursuant to paragraph 4(2) of Schedule 2D to the 2020 Regulations has effect as guidance issued pursuant to paragraph 4(2) of Schedule 9 to these Regulations.E+W

Commencement Information

I142Sch. 16 para. 18 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

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