The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 13) Regulations 2021

• Citation: S.I. 2021/498
• Sections: 15

Section 1 Citation, commencement, extent and application

(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 13) Regulations 2021.

(2) Other than regulation 11(3), these Regulations come into force at 4.00 a.m. on 23rd April 2021.

(3) Regulation 11(3) comes into force at 4.00 a.m. on 24th April 2021.

(4) These Regulations extend to England and Wales and apply in relation to England only.

Section 2 Amendment to the Health Protection (Coronavirus, International Travel) (England) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) Regulations 2020 are amended in accordance with regulations 3 to 14.

Section 3 Amendment to regulation 2

In paragraph (1) of regulation 2 (interpretation), after the entry for “exempt country or territory” insert—

“G7 event” means—

an event organised by Her Majesty’s Government in connection with the United Kingdom’s G7 2021 presidency;

a meeting, connected to an event within the meaning of sub-paragraph (a), between representatives of States, foreign territories or organisations which are represented at such an event;

Section 4 Amendment to regulation 3

In paragraph (10B) of regulation 3 (requirement to provide information), after “paragraph 1(1)” insert “or (1A)”.

Section 5 Amendment to regulation 3A

In regulation 3A (requirement to possess notification of negative test result), after paragraph (4) insert—

(4A) A person must as soon as reasonably practicable undertake a test that complies with paragraph 1(a) of Schedule 2B if—

(a) the person requires leave to enter or remain in the United Kingdom,

(b) an immigration officer suspects the person has—

(i) evaded, or attempted to evade, immigration control, or

(ii) been arrested, detained or granted immigration bail by an immigration officer in accordance with the Immigration Acts,

(c) the person fails to produce valid notification of a negative result from a qualifying test when requested to do so by an immigration officer, and

(d) an immigration officer requires the person to undertake such a test.

Section 6 Amendment to regulation 3AA

In paragraph (5) of regulation 3AA (requirements relating to tests) , after sub-paragraph (c) insert—

(ca) a person described in paragraph 1(1A) (G7 attendees etc.) of Schedule 2;

Section 7 Amendment to regulation 4

(1) Regulation 4 (requirement to self-isolate) is amended as follows.

(2) In paragraph (3)(a)(ii), after “(13)(a)(i)” insert “or (ab)”.

(3) In paragraph (13), after sub-paragraph (a) insert—

(ab) in paragraph 1(1A) of Schedule 2, P is not required to comply with this regulation,

Section 8 Amendment to regulation 4B

In paragraph (2) of regulation 4B (prohibition on arrival of aircraft into England), at the end insert—

;

(d) an aircraft operated by or in support of a person described in paragraph 1(1A) (G7 attendees etc.) of Schedule 2

Section 9 Amendment to regulation 6

In paragraph (1A)(a) of regulation 6 (offences and penalties), before “regulation 3A” insert “paragraph (1), (2), (3) or (4) of”.

Section 10 Amendment to Schedule B1

In Schedule B1 (countries and territories subject to additional measures), insert “India” at the appropriate place.

Section 11 Amendment to Schedule B1A

(1) Schedule B1A (additional measures) is amended as follows.

(2) In paragraph 2(1)(g) (persons to whom Schedule B1A does not apply)—

(a) before sub-paragraph (i) insert—

(ai) paragraph 1(1A) (G7 attendees etc.),

(b) at the end insert—

;

(vii) paragraph 29 (human tissue couriers)

(3) In paragraph 4 (designation of ports of entry), after sub-paragraph (e) insert—

(ea) Bristol Airport;

(4) In paragraph 18 (modification of application of Schedule B1A for relevant persons)—

(a) in sub-paragraph (3A)(c), at the end insert “and”;

(b) in sub-paragraph (3C)(c), at the end insert “and”.

(5) After paragraph 18, insert—

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

(19)

(1) This paragraph applies where—

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

(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 3B.

(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 ;

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

Section 12 Amendment to Schedule 2

(1) Paragraph 1 of Schedule 2 (persons not required to comply with regulation 3 or 4) is amended as follows.

(2) In the introductory words to sub-paragraph (1), after “(“P”)” insert “, other than a person described in sub-paragraph (1A),”.

(3) After sub-paragraph (1), insert—

(1A) A person (“P”) where—

(a) P either—

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

(ii) travelled to the United Kingdom for another purpose, and after their arrival in England is attending, facilitating, or travelling to or from a G7 event;

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

(c) the relevant person has provided written confirmation to the relevant Department that P will comply with the health protocols for the event; and

(d) the relevant Department has provided written confirmation to the relevant person that P is a person described in this paragraph.

(4) In sub-paragraph (3), at the end insert—

,

(g) “relevant person” means—

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

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

Section 13 Amendment to Schedule 2A

(1) Schedule 2A (optional testing after arrival in England) is amended as follows.

(2) In paragraph 2 (appropriate tests) for sub-paragraph (2)(d)(iii) substitute—

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

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

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

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.

(3) In paragraph 3(1)(i), for the words from “no earlier than” to “country or territory” substitute “on or after the fifth day after the day on which P arrived in England”.

Section 14 Amendment to Schedule 2C

(1) Schedule 2C (mandatory testing after arrival in England) is amended as follows.

(2) In paragraph 6 (day 2 tests: general test requirements)—

(a) in sub-paragraph (1)(b)(i)(bb), omit “or on or after 26th April 2021”;

(b) in sub-paragraph (2), the last paragraph (which is currently numbered (c), being the second consecutive paragraph so numbered) is renumbered as (d).

(3) In sub-paragraph (2) of paragraph 7 (day 2 tests: private provider requirements), for “(h)” substitute “(k)”.

(4) In sub-paragraph (1)(b)(i)(bb) of paragraph 8 (day 8 tests: general test requirements), omit “or on or after 26th April 2021”.

Section 15 Transitional and saving provision

In relation to any person who arrived in England at or after 4.00 a.m. on 15th February 2021 but before 4.00 a.m. on 23rd April 2021, the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 apply as if the amendment made by regulation 10 (addition of India to Schedule B1) had not been made.