The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2022

(1) This Schedule does not apply where P is a person described in any of the following provisions of Schedule 4 (exemptions)— (a) paragraph 2 (aircraft crew); (b) paragraph 5 (road haulage workers); (c) paragraph 8 (seafarers), unless they have travelled to the United Kingdom to work, or have been repatriated to the United Kingdom after working, on board a cruise ship; (d) Part 3 (border security duties); (e) Part 4 (law enforcement); (f) paragraph 16 (transporting human cells); (g) paragraph 17 or 18 (essential government work etc.) where the relevant Department has certified under either of those paragraphs in respect of this Schedule; (h) paragraph 19(1) (diplomats etc.); (i) paragraph 19(2), (3) or (4) (international organisations etc.) where the Foreign, Commonwealth and Development Office has given confirmation under that paragraph in respect of this Schedule; (j) paragraph 20 (defence personnel); (k) paragraph 21 (in-flight security officers); (l) paragraph 22 (non-disembarking cruise passengers); (m) paragraph 23 (non-CTA transit passengers).

• (b) omit sub-paragraphs (2) to (4).

Substitution of Schedule 12 (information for passengers)

34

For Schedule 12 substitute—

SCHEDULE12 All persons arriving in the UK must fill in a Passenger Locator Form before arrival. Before departure to the UK check if any of the countries you have visited in the last 10 days are on the red list. If you have visited a country on the red list you must follow the red list rules. If you have not visited any countries on the red list, what you have to do depends on your vaccination status. Check the rules before you travel at gov.uk/coronavirus. Public health requirements may vary depending upon which nation of the UK you are travelling to. Check the relevant website if your final destination is in Northern Ireland, Scotland or Wales. 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. You may be fined if you fraudulently claim an exemption. The following is a public health message on behalf of the UK’s public health agencies. If you are not fully vaccinated or do not meet the eligibility criteria, you must take a test before the end of day 2 after you arrive. 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. https://www.gov.uk/guidance/red-list-of-countries-and-territories https://www.gov.uk/guidance/travel-to-england-from-another-country-during-coronavirus-covid-19 https://www.gov.uk/provide-journey-contact-details-before-travel-uk https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice https://gov.wales/arriving-wales-overseas https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine

Amendment of Schedule 14 (amount of fixed penalties)

35

• (1) Schedule 14 is amended as follows.

• (2) In paragraph 5 (regulation 19(1)(c))—

• (a) in the words before sub-paragraph (a), for “regulations 3J (testing requirements on eligible travellers (non-workers) or” substitute “regulation”;

• (b) in sub-paragraph (a)—

• (i) omit “test or a”;

• (ii) omit “3J(2) or”;

• (c) in sub-paragraph (b)—

• (i) omit “test or”;

• (ii) omit “3J(3) or”;

• (d) in sub-paragraph (c)—

• (i) omit “test or a”;

• (ii) omit “3J(4) or”;

• (e) in sub-paragraph (d), omit “3J(6), (7), or (8), 3K(8A) or”;

• (f) in sub-paragraph (e), omit “3J(6), (7), or (8), 3K(8A) or”;

• (g) in sub-paragraph (f), omit “3J(5) or”.

• (3) Omit paragraph 7 (regulation 19(1)(e)).

• (4) After paragraph 14 (regulation 19(7)(a)) insert—

(14A) Breach of the requirement under regulation 15A(1) (operator systems offence), £4,000.

• (5) Omit paragraph 15 (regulation 19(7)(b) to (d)).

• (6) Omit paragraph 15A (regulation 19(7)(cd)).

• (7) In paragraph 16A (regulation 19(13A)), for “17A(4) or (5)” substitute “15A(3)”

• (8) In paragraph 16B (regulation 19(13B)(a)), omit “, (1A) or (2)”.

• (9) In paragraph 17(da) (regulation 19(14)), omit “or (2)”.

Amendment of the Health Protection (Notification) Regulations 2010

36

• (1) The Health Protection (Notification) Regulations 2010[^f00025] are amended as follows.

• (2) In regulation 4(1)(b) (duty on laboratories to notify UKHSA of causative agents), omit “, other than a test in relation to which regulation 4B (duty to report the results of LFD tests undertaken by eligible travellers) applies,”.

• (3) In regulation 4ZA (duty to notify UKHSA of the results of mandatory tests)—

• (a) in paragraph (1)—

• (i) in sub-paragraph (a), omit “or a day 8 test”;

• (ii) in sub-paragraph (c), omit “or 9(1)(h)”;

• (b) in paragraph (3), omit “or 9(1)(h)”.

• (4) In regulation 4ZB(7) (duty to notify UKHSA of the results of genomic sequencing of mandatory test samples), in the definition of “sequencing laboratory”, omit “or 9(1)(h)”.

• (5) In regulation 4A(1) (duty on test providers to notify UKHSA of causative agents), omit “, other than a test in relation to which regulation 4B (duty to report the results of LFD tests undertaken by eligible travellers) applies,”.

• (6) Omit regulation 4B (duty to notify UKHSA of LFD test results).

• (7) In regulation 7(1)(a) (electronic communications), for “4ZB, 4A(3) and 4B(2)” substitute “4ZB and 4A(3)”.

Transitional and saving provision

37

• (1) Except as provided for in paragraphs (2) and (3), in relation to any person who arrived in England before the coming into force of an amendment made by these Regulations, the Principal Regulations apply as if that amendment had not been made.

• (2) Where a person (“P”)—

• (a) had arrived in England from a category 2 country or territory before 4.00 a.m. on 11th February 2022,

• (b) was, immediately before 4.00 a.m. on 11th February 2022, required to self-isolate in accordance with the Principal Regulations,

• (c) has undertaken, or undertakes, a day 2 test in accordance with the Principal Regulations, and

• (d) has received, or receives, notification that the day 2 test has generated a negative result,

P may cease to self-isolate in accordance with the Principal Regulations.

• (3) The amendments made by regulation 36(3) and (4) do not apply in respect of any test undertaken, or sample taken, before those amendments come into force.

Signed

Gillian Keegan — Minister of State — Department of Health and Social Care — At 10.18 a.m. on 10th February 2022

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend, primarily, the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (S.I. 2021/582) (“the International Travel Regulations”).

In particular, regulations 3 to 35:

• amend regulation 3 and Schedule 6 of the International Travel Regulations to extend the period during which arrivals can provide passenger information on the Passenger Locator Form to up to three days before they are required to provide the information, and to update the information they need to provide;

• amend regulation 3A of the International Travel Regulations to add and remove entries from the lists dealing with the countries and territories from whom we accept vaccine certificates, including those certificates that are equivalent to the European Union Digital COVID Certificate;

• omit regulations 3I, 3J and 3K of the International Travel Regulations to remove testing and self-isolation obligations on eligible travellers;

• amend regulations 5, 6 and 7 and Schedule 8 of the International Travel Regulations to secure that: arrivals from places other than category 3 countries or territories need only take a day 2 test, and those subject to workforce testing other than recurring work travellers or an arrival from a category 3 countries or territories need only take a day 2 workforce test;

• omit regulation 8 of the International Travel Regulations to remove the specific testing regime for offshore installation workers;

• amend regulation 9 of the International Travel Regulations to secure that arrivals from places other than category 3 countries or territories do not need to self-isolate on arrival in England;

• amend regulations 13 and 14 of the International Travel Regulations to provide that an operator of a relevant service need only provide specified information to passengers pre-departure and on-board the relevant service. Schedule 12 is amended to update the information that must be provided to passengers;

• insert regulation 15A into the International Travel Regulations to impose a new duty on operators to implement and maintain adequate systems and processes to ensure that passengers that arrive in England on a relevant service they operate possess certain information or evidence. This “systems duty” replaces the range of specific obligations on operators under regulations 16 to 18, which are omitted;

• amend regulation 20 of the International Travel Regulations to secure that a new fixed penalty notice can be issued in respect of an ongoing breach of the systems duty where a previous fixed penalty notice issued in respect of the breach has been paid;

• substitute Schedule 4 to the International Travel Regulations to update the categories of arrival who enjoy exemption from certain obligations under the International Travel Regulations – extensive consequential amendment to the International Travel Regulations is made in light of this substitution;

• make further minor and consequential amendment to the International Travel Regulations, including to correct errors.

Regulation 36 amends the Health Protection (Notification) Regulations 2010 (S.I. 2010/659) (“the Notification Regulations”) in consequence of the amendments to the International Travel Regulations.

An impact assessment has not been produced for this instrument. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.

Footnotes

[^f00001]: 1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

[^f00002]: S.I. 2021/582 amended by S.I. 2021/589, 670, 682, 731, 766, 795, 865, 914, 923, 966, 974, 1003, 1033, 1066, 1107, 1130, 1155, 1179, 1210, 1213, 1289, 1323, 1331, 1339, 1367, 1371, 1434, 1449, 1463 and 2022/11 .

[^f00003]: 1989 c. 6. Section 12 was amended by paragraph 22 of Schedule 10 to the Reserve Forces Act 1996 (c. 14), by paragraph 30 of Schedule 12 to the Government of Wales Act 1998 (c. 38), by paragraph 26 of Schedule 8 to the Scotland Act 1998 (c. 46), by paragraph 9(3) of Schedule 13 to the Northern Ireland Act 1998 (c. 47), by paragraph 9 of Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32), by paragraph 6 of Schedule 14 to the Energy Act 2004 (c. 20), by paragraph 58 of Schedule 4 to the Serious Organised Crime and Police Act 2005, by paragraph 34 of Schedule 10, and paragraph 1 of Schedule 12, to the Government of Wales Act 2006 (c. 32) and by paragraph 36 of Schedule 8 to the Crime and Courts Act 2013 (c. 22).

[^f00004]: 1995 c. 21.

[^f00005]: S.I. 2016/765.

[^f00006]: The latest edition of Annex 9, which is published by the International Civil Aviation Organization, is the 15th edition, which applied from 23rd February 2018 (ISBN 978-92-9258-301-9).

[^f00007]: OJ L 300 14.11.2009, p. 88.

[^f00008]: 1981 c. 14; section 1 was amended by section 139(3) of and Schedule 8 to the Transport Act 1985 (c. 67).

[^f00009]: 1988 c. 52. There are amendments to section 192 but none is relevant.

[^f00010]: OJ No. L 300, 14.11.2009, p. 72.

[^f00011]: 1995 c. 21.

[^f00012]: Schedule 3A was inserted by Schedule 1 to the Marine Safety Act 2003 (c. 16).

[^f00013]: 1984 c.47.

[^f00014]: 1884 c.31.g

[^f00015]: 2003 c. 41.

[^f00016]: 1978 c. 33.

[^f00017]: 1968 c. 18. There are amendments but none is relevant.

[^f00018]: 1964 c. 81. There are amendments but none is relevant.

[^f00019]: ISO 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.

[^f00020]: The United Kingdom Accreditation Service is a company limited by guarantee incorporated in England and Wales under number 3076190.

[^f00021]: ILAC 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.

[^f00022]: EA is a regional organisation which coordinates the work of its signatory national accreditation bodies. EA is recognised by and works closely with ILAC.

[^f00023]: A body corporate established under section 232 of the Health and Social Care Act 2012 (c. 7).

[^f00024]: ISO 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.

[^f00025]: S.I. 2010/659, which has been amended by S.I. 2010/954, 2013/235, 2018/387, 2020/237, 674, 1175, 2021/150, 223, 442, 582, 914, 923, 966, 974 and 2022/11.