The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021

Made: 26th August 2021

Laid before Parliament: 27th August 2021

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45B, 45C, 45F(2), 45P(2) and 60A of the Public Health (Control of Disease) Act 1984 .

In accordance with section 45Q(3) of that Act, the Secretary of State is of the opinion that these Regulations do not contain any provision made by virtue of section 45C(3)(c) of the Act which imposes or enables the imposition of a special restriction or requirement or any other restriction or requirement which has or would have a significant effect on a person's rights.

Citation, commencement, extent and application

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• (1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021.

• (2) Save as is provided in paragraphs (3) to (5), these Regulations come into force at 4.00 a.m. on 30th August 2021.

• (3) The following regulations come into force at 4.00 a.m. on 28th August 2021—

• (a) this regulation;

• (b) regulation 8(1) and (3);

• (c) regulation 19.

• (4) The following regulations come into force on 21st September 2021—

• (a) regulation 7;

• (b) regulation 8(4);

• (c) regulation 9;

• (d) regulation 10;

• (e) regulation 16(3)(a) and (b);

• (f) regulation 17(3)(a);

• (g) regulation 20(4) and (5)...;

• (h) regulation 21.

• (5) Regulation 18(3) comes into force on 1st October 2021.

• (6) These Regulations extend to England and Wales, and apply in relation to England only.

Amendments to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

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The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 are amended in accordance with regulations 3 to 20.

Amendment of regulation 2

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• (1) Regulation 2 (interpretation) is amended as follows.

• (2) In paragraph (1)—

• (a) after the definition of the “common travel area”, insert—

“the Conference of the Parties” means, except in relation to the Kyoto Protocol and the Paris Agreement, the Conference of the Parties to the United Nations Framework Convention on Climate Change; “the COP” means the conference convened by the Conference of the Parties, comprising— (a) the 26th session of the Conference of the Parties, (b) the 16th session of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol, (c) the third session of the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement, and (d) all related pre-sessional meetings, sessions of subsidiary bodies and additional meetings, convened in the United Kingdom; “the COP World Leaders summit event” means— (a) the event organised by Her Majesty's Government between 1st and 2nd November 2021 in connection with the COP, or (b) a meeting, connected to the event described in sub-paragraph (a), between representatives of States, foreign territories or organisations which are represented at the event;

• (b) after the definition of “immigration officer”, insert—

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

• (c) after the definition of “operator”, insert—

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

• (d) after the definition of “tunnel system”, insert—

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

Amendment of regulation 3

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• (1) Regulation 3 (requirement on passengers to provide information) is amended as follows.

• (2) In paragraph (10), in the opening words, for “paragraph (11)” substitute “ paragraphs (11) and (12) ”;

• (3) After paragraph (11), insert—

(12) Notwithstanding paragraph (10), a person (“P”) is required to comply with this regulation if— (a) P is a person described in paragraph 1(2) of Schedule 4, where the relevant international event referred to in that paragraph is the COP, and (b) P is not— (i) a person invited by Her Majesty's Government to attend both the COP World Leaders summit event and the COP, or (ii) a person described in Schedule 4A.

Amendment of regulation 5

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• (1) Regulation 5 (requirements relating to tests) is amended as follows.

• (2) In paragraph (1)—

• (a) in sub-paragraph (d) omit “or in paragraph 44A (Euro 2020 invitees)”.

• (b) in sub-paragraph (e)—

• (i) in the opening words, for “or (15)(ib)” substitute “ , (15)(ib) or (15)(ic) ”;

• (ii) move the terminal “or” from after paragraph (xx) to after paragraph (xxi);

• (iii) at the end insert—

(xxii) paragraph 49 (London Fashion Week invitees)

• (3) In paragraph (6)—

• (a) in sub-paragraph (d), insert at the beginning, “ subject to paragraph (7A), ”;

• (b) omit sub-paragraph (g) .

• (4) After paragraph (7), insert—

(7A) Notwithstanding paragraph (6)(d), regulation 6 applies to a person who— (a) is a person described in paragraph 1(2) of Schedule 4, where the relevant international event referred to in that paragraph is the COP, and (b) is not— (i) a person invited by Her Majesty's Government to attend both the COP World Leaders summit event and the COP, or (ii) a person described in Schedule 4A.

Amendment of regulation 9

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• (1) Regulation 9 (further requirements on arrivals from category 2 countries and territories) is amended as follows.

• (2) In paragraph (15)—

• (a) omit sub-paragraphs (ea) and (eb) ;

• (b) after sub-paragraph (ib) insert—

(ic) in paragraph 49(1) of Schedule 4, P satisfies the requirements of paragraph (2) if P complies with the conditions specified in paragraph 49(3) of that Schedule;

Insertion of Part 4A

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After Part 4 (requirements on operators) insert—

(18A) (1) A private provider who provides a test for the purposes of regulation 6 (requirement to book and undertake tests) must comply with the requirements set out in the following provisions of Schedule 8 (mandatory testing after arrival in England)— (a) where the test to be provided is a day 2 test, paragraphs (a) to (m) of paragraph 7(1) (day 2 tests: private provider requirements); (b) where the test to be provided is a day 8 test, paragraphs (a) to (m) of paragraph 9(1) (day 8 tests: private provider requirements); (c) in any event— (i) paragraph 10(5) (requirement for private provider to give test reference number); (ii) paragraph 11(2) (notification of test results). (2) A test provider who provides a test for the purposes of regulation 9(16) (optional testing to cease self-isolation requirement early) must comply with the requirements set out in the following provisions of Schedule 10 (optional testing after arrival in England)— (a) paragraphs (a) to (j) of paragraph 3(1) (test providers); (b) paragraph 5(2) and (4) (notification of test results). (3) In this regulation, “private provider” has the meaning given in paragraph 1(e) of Schedule 8. (18B) (1) A person who carries out an element of a single end-to-end testing service on behalf of a test provider must comply with the requirements set out in the following provisions so far as relevant to the carrying out of that element— (a) in relation to a day 2 test provided for the purposes of regulation 6, paragraph 7(1)(m)(i) to (iii) of Schedule 8; (b) in relation to a day 8 test provided for the purposes of regulation 6, paragraph 9(1)(m)(i) to (iii) of Schedule 8; (c) in relation to a test provided for the purposes of regulation 9(16), paragraphs 3(1)(c) to (i) of Schedule 10. (2) In this regulation, “single end-to-end testing service” has the meaning given by paragraph 3(2)(c) of Schedule 10.

Amendment of regulation 19

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• (1) Regulation 19 (offences and penalties) is amended as follows.

• (2) After paragraph (1)(i) insert—

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

• (3) In paragraph (2) for sub-paragraph (c) substitute—

(c) Schedule 11— (i) in paragraph 3, if P enters England at a place other than a designated port in the circumstances specified in regulation 18(2), or (ii) in paragraphs 5 to 7 or 10, if accommodation or transport booked is no longer available for reasons beyond the P's control.

• (4) After paragraph (13A) insert—

(13B) A person who, without reasonable excuse, contravenes a requirement in— (a) regulation 18A(1) or (2) (requirements on test providers); or (b) regulation 18B(1) (requirements on other persons carrying out testing services), commits an offence.

Amendment of regulation 20

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In paragraph (9) of regulation 20 (fixed penalty notices)—

• (a) in the opening words of sub-paragraph (a), after “operator offence” insert “ or a test provision offence ”;

• (b) after sub-paragraph (b), insert—

(ba) in relation to a test provision offence, “authorised person” means the local authority in whose area the offence is alleged to have been committed and for the purposes of this sub-paragraph— (i) the reference to “local authority” includes a reference to a county council; (ii) a county council for an area for which there is also a district council is to be regarded, with respect to its functions under this regulation, as a relevant health protection authority for the purposes of the Public Health (Control of Disease) Act 1984;

• (c) in sub-paragraph (c)—

• (i) in paragraph (i), after “operator offence” insert “ or a test provision offence ”;

• (ii) in paragraph (ii), after “operator offence” insert “ or a test provision offence ”;

• (d) in sub-paragraph (d), at the end insert—

; (e) “test provision offence” means an offence— (i) under regulation 19(13B), or (ii) under regulation 19(14) in relation to a function relating to an offence under regulation 19(13B)

Amendment of regulation 21

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In regulation 21 (prosecutions)—

• (a) in paragraph (1), after “operator offence” insert “ or a test provision offence ”;

• (b) in paragraph (2), after “operator offence” insert “ or a test provision offence ”;

• (c) in paragraph (3)—

• (i) for sub-paragraph (a) substitute—

(a) “authorised person”— (i) in relation to an operator offence, has the meaning given by regulation 20(9)(b); (ii) in relation to a test provision offence, has the meaning given by regulation 20(9)(ba);

• (ii) in sub-paragraph (b), at the end insert—

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

Amendment of Schedule 1

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• (1) Schedule 1 (category 1 countries and territories) is amended as follows.

• (2) In the appropriate place in the alphabetical order insert—

• (a) “The Azores”;

• (b) “Canada”;

• (c) “Denmark”;

• (d) “Finland”;

• (e) “Liechtenstein”;

• (f) “Lithuania”;

• (g) “Switzerland”.

Amendment of Schedule 3

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• (1) Schedule 3 (category 3 countries and territories) is amended as follows.

• (2) In the appropriate place in the alphabetical order insert—

• (a) “Montenegro”;

• (b) “Thailand”.

Amendment of Schedule 4

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• (1) Schedule 4 (exemptions) is amended as follows.

• (2) In paragraph 1—

• (a) in sub-paragraph (2)—

• (i) in paragraph (a)(i), for “England”, the second time it occurs, substitute “ the United Kingdom ”;

• (ii) in paragraph (b), at the end, insert “ or, where the relevant international event is the COP, P is a registered participant for the COP ”;

• (iii) in paragraph (d), at the end, insert “ and has not withdrawn this confirmation ”;

• (b) in sub-paragraph (4)—

• (i) in paragraph (d)(ii), for “sub-paragraph (a)” substitute “ sub-paragraph (i) ”;

• (ii) in paragraph (ga)—

• (aa) after sub-paragraph (i), insert—

(ia) the COP;

• (bb) after sub-paragraph (ii), insert—

(iia) the COP World Leaders Summit event;

• (iii) after paragraph (ga), insert—

(gb) “registered participant”, in relation to the COP, means 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;

• (iv) in paragraph (h), for “G7 event” both times it occurs, substitute “ relevant international event ”.

• (3) In paragraph 44, in sub-paragraph (3)(b) after “Tokyo” insert “ or Beijing ”.

• (4) Omit paragraphs 44A and 44B .

• (5) At the end insert—

(49) (1) A London Fashion Week invitee. (2) For the purposes of this paragraph— (a) a person (“P”) is a London Fashion Week invitee if— (i) P has travelled to England in order to undertake work, or to care for a child who is to undertake work, at or in connection with one or more events forming part of London Fashion Week, (ii) P's work, or the work that the child for whom P is caring, is integral to the operation of the events mentioned in sub-paragraph (i), (iii) P, or the child for whom P is caring, could not reasonably undertake the work if required to self-isolate, (iv) the British Fashion Council has confirmed in writing to the Secretary of State that— (aa) P is travelling to England to undertake activities as described in sub-paragraph (i); (bb) P's activity is as described in sub-paragraph (ii); and (cc) P could not undertake the activity if required to self-isolate, and (v) the Secretary of State has confirmed in writing to the British Fashion Council that P is a London Fashion Week invitee and has not withdrawn that confirmation; (b) “London Fashion Week” means the fashion events approved by the British Fashion Council for the London Fashion Week schedule taking place in London between 17th September and 21st September 2021 and includes activities taking place in advance of those dates which are related to London Fashion Week. (3) The conditions referred to in regulation 9(15)(ic) are that— (a) P possesses, on arrival in England, written evidence from the British Fashion Council of P's status as a London Fashion Week invitee; and (b) P travels directly to and remains in any place where P will be self-isolating apart from when P is travelling to or from, or attending the location of any London Fashion Week event or location at which P is required to undertake activities in connection with a London Fashion Week event.

Insertion of Schedule 4A

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After Schedule 4, insert—