Public Health, England Citation, commencement, extent and application 1 1 These Regulations may be cited as the Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 12) Regulations 2021. 2 Save as provided in paragraphs (3) and (4), these Regulations come into force at 4.00 a.m. on 22nd September 2021. 3 Regulations 10(2) and (4), 15(3) to (6) and 17 come into force on 24th September 2021. 4 Regulations 5(2) and 14(4)(b) come into force on 1st October 2021. 5 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 2 The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 are amended in accordance with regulations 3 to 17. Amendment of regulation 2 3 In paragraph (1) of regulation 2 (interpretation and introduction of Schedules 1 to 4), after the definition of “coronavirus disease” insert— “cruise ship” means a vessel, certified to carry more than 200 passengers, engaged on a voyage primarily for leisure or recreation during which passengers stay overnight on board for at least two nights; . Amendment of regulation 2A 4 1 Regulation 2A (exemptions for vaccinated travellers and others) is amended as follows. 2 After paragraph (7) insert— 7ZA For the purposes of paragraph (3), where P has received a dose of one authorised vaccine and a dose of a different authorised vaccine, P is deemed to have completed a course of doses of an authorised vaccine. . 3 After paragraph (8) insert— 8A For the purposes of paragraph (6), where P has received a dose of one vaccine under the United Kingdom vaccine roll-out overseas, and a dose of a different vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas. . Amendment of regulation 3 5 1 Regulation 3 (requirement on passengers to provide information) is amended as follows. 2 For paragraph (6) substitute— 6 A person described in paragraph (1) to (3), or who has an obligation under paragraph (5), is treated as having complied with those paragraphs (as applicable) if they provide the specified passenger information on the Passenger Locator Form— a in the case of a person arriving in England on a cruise ship, in the 21 days before they are required to provide the information, or b in any other case, in the 48 hours before they are required to provide the information. . 3 In paragraph (10)— a after sub-paragraph (c) insert— ca a person described in paragraph 12A of Schedule 4; ; b in sub-paragraph (d), for “.” substitute “;”. 4 In sub-paragraph (a) of paragraph (11), after “1(2A)” insert “, 12A”. Amendment of regulation 4 6 In paragraph (6)(b) of regulation 4 (requirement to possess notification of negative test result)— a after “3, 4,” insert “5,”; b after “10,” insert “12A,”; c for “15 or 34” substitute “15, 34 or 52”. Amendment of regulation 5 7 1 Regulation 5 (requirements relating to tests) is amended as follows. 2 In paragraph (1)— a for sub-paragraph (a) substitute— a is a category 1 or an eligible category 2 arrival, other than— i a person described in— aa paragraph (4) or (5); or bb paragraph 12 or 12A of Schedule 4 (exemptions for transit and non-disembarking cruise passengers), or ii a person who— aa arrives in England on a cruise ship, and bb is due to depart from England on the same cruise ship within 48 hours of their arrival. ; b omit sub-paragraph (c)(iv); c in sub-paragraph (e)— i in the opening words, for the words from “(15)(f)(ii)” to “(15)(ic)” substitute “(15)(f)(ii) or (15)(i) to (ie)”; ii after paragraph (i) insert— ia paragraph 4A (essential foreign policing), ; iii at the end of paragraph (xxi), omit “or”; iv at the end of paragraph (xxii) insert— , xxiii paragraph 50 (performing arts professionals), or xxiv paragraph 51 (film and high end TV production) . 3 In paragraph (3)— a after sub-paragraph (b) insert— ba paragraph 5 (road passenger transport workers); ; b at the end of sub-paragraph (m), omit “or”; c at the end of sub-paragraph (n), for “.” substitute “;”; d after sub-paragraph (n) insert— na paragraph 43A (seasonal poultry workers); ; e after sub-paragraph (o) insert— p paragraph 52 (haulier outreach workers). . Amendment of regulation 9 8 1 Regulation 9 (further requirements on arrivals from category 2 countries and territories) is amended as follows. 2 In paragraph (1), for sub-paragraph (b) substitute— b is not— i a person described in paragraph 12A (non-disembarking cruise passengers) of Schedule 4, ii a Schedule 11 passenger, or iii an eligible category 2 arrival. . 3 In paragraph (15)— a after sub-paragraph (d) insert— da in paragraph 43A of Schedule 4 (seasonal poultry workers), where P lives at the address specified in P’s passenger information as the place where P intends to self-isolate (“the specified accommodation”)— i paragraph (2) does not require P to remain in isolation from any other person who is living at the specified accommodation or working at the specified premises, ii paragraph (3)(a)(i) applies with the modification that P is treated as self-isolating at the specified accommodation when working at the specified premises and when travelling directly between the specified accommodation and the specified premises, where “specified premises” has the meaning given in paragraph 43A of Schedule 4; ; b in sub-paragraph (f), for “19 or 20” substitute “19, 20 or 52”; c in sub-paragraph (i), for “paragraph 21” substitute “paragraph 4A, 21”; d after sub-paragraph (ic) insert— id in paragraph 50 of Schedule 4 (performing arts professionals), paragraph (2) does not— i prevent P from travelling between the place where P is self-isolating and the place or places where the performing arts event is, or activities related to the performing arts event are, taking place; ii require P to remain in isolation from any other person who is working on the same performing arts event; ie in paragraph 51 of Schedule 4 (film and high end TV production), paragraph (2) does not— i prevent P from travelling between the place where P is self-isolating and the place or places where the production is, or activities related to the production are, taking place, or ii require P to remain in isolation from any other person who is working on the same production; . Amendment of regulation 10 9 In paragraph (1) of regulation 10 (further requirements on arrivals from category 3 countries or territories), at the end insert “other than a person described in paragraph 12A of Schedule 4 (non-disembarking cruise passengers)”. Amendment of regulation 19 10 1 Regulation 19 (offences and penalties) is amended as follows. 2 In paragraph (1), after sub-paragraph (ia) insert— ib without reasonable excuse P contravenes a requirement in paragraph 18A of Schedule 11 (requirement to provide contact details); ic without reasonable excuse P contravenes a requirement in paragraph 18B of Schedule 11 (requirement to self-isolate with P); id without reasonable excuse P contravenes a requirement in paragraph 18C of Schedule 11 (requirement on employers of self-isolating workers); . 3 In paragraph (3), at the end of sub-paragraph (g) insert— ; h P undertook a qualifying test on board the cruise ship on which P arrived in England, the result of that test was positive, and it was not reasonably practicable for P to disembark in a country or territory other than England . 4 After paragraph (5) insert— 5A For the purposes of paragraph (1)(ic), reasonable excuses for contravening paragraph 18B (requirement to self-isolate with P) of Schedule 11 include, in particular, where it is necessary for the person (“B”) to leave the place where they are self-isolating— a 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 or health practitioners, including services relating to mental health; b to access veterinary services, where this is required urgently or on the advice of a veterinary surgeon; c to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings; d to escape a risk of harm or to avoid injury or illness; e to attend a funeral of B’s household or a close family member; f to obtain basic necessities, such as food and medical supplies for those in the accommodation (including any pets or animals in the accommodation) where it is not possible to obtain these provisions in any other manner; g to access critical public services, including— i social services; ii services provided to victims (such as victims of crime); h to attend a testing site to take a test for the detection of coronavirus; i to accompany a child (“C”) for whom B is a responsible adult to a testing site, so that C can take a test for the detection of coronavirus; j to post a completed home test for the detection of coronavirus or antibodies to coronavirus carried out by B, or any person living in the same household as B, in accordance with the postal testing scheme operated on behalf of the Secretary of State. . 5 For paragraph (10) substitute— 10 In relation to the offence in paragraph (7)(c), it is a defence for an operator to show that— a the relevant passenger presented a document purporting to be a required notification which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not a required notification, or b the relevant passenger undertook a qualifying test on board the vessel on which the relevant passenger arrived in England, the result of that test was positive, and it was not reasonably practicable for the relevant passenger to disembark in a country or territory other than England. . Amendment of Schedule 3 11 1 In Schedule 3 (category 3 countries and territories), omit the entries for— a Bangladesh; b Egypt; c Kenya; d The Maldives; e Oman; f Pakistan; g Sri Lanka; h Turkey. Amendment of Schedule 4 12 1 Schedule 4 (exemptions) is amended as follows. 2 In paragraph 1— a in sub-paragraph (1)— i omit paragraph (f); ii in paragraph (g), omit “, or of a person falling within paragraph (f)”; b in sub-paragraph (4)— i before paragraph (a) (definition of “consular courier”) insert— 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; ; ii after paragraph (da) (definition of “a Global Education Summit event”) insert— 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; ; iii in paragraph (ga) (definition of “relevant international event”)— aa in sub-paragraph (ii) for “ministerial” substitute “Ministerial”; bb after sub-paragraph (iii) insert— iv a Global Investment Summit event; v a Conference on Security Sector Reform event; ; iv in paragraph (h)(i) (definition of “relevant person”)— aa after “relevant international event” insert “other than the COP”; bb before “post” insert “consular”; v at the end of paragraph (h)(ii) insert— , or iii where P is to attend or facilitate the COP, P . 3 After paragraph 4 insert— 4A 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. . 4 After paragraph 12 insert— 12A 1 A non-disembarking cruise passenger. 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. 5 After paragraph 43 insert— 43A 1 A person who has an offer of employment for seasonal work to carry out specified poultry processing activities at specified premises. 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. . 6 After paragraph 49 insert— 50 1 A performing arts professional working in connection with a performing arts event. 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 2021 . 51 1 A person engaged in film or high end TV production. 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 . 52 1 A government contractor— 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). . Amendment of Schedule 5 13 At the end of Schedule 5 (list of sporting events) insert— International Boxing – Dennis Morrison Promotions International Boxing – Clifton Mitchell Promotions International Boxing – Ben Shalom Promotions International Boxing – Costakis Evangelou Promotions International Boxing – Matthew McAllister Promotions International Boxing – Chris Hitching Promotions 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 . Amendment of Schedule 8 14 1 Schedule 8 (mandatory testing after arrival in England) is amended as follows. 2 In sub-paragraph (2) of paragraph 3 (consequences of test results), for “(2) and (6)” substitute “(2), (6) and (7A)”. 3 In sub-paragraph (1) of paragraph 7 (day 2 tests: private provider requirements), after paragraph (h) insert— 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; . 4 In sub-paragraph (1) of paragraph 9 (day 8 tests: private provider requirements)— a after paragraph (h) insert— 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; ; b in paragraph (l), for “Public Health England” substitute “the United Kingdom Health Security Agency”. Amendment of Schedule 11 15 1 Schedule 11 (additional measures applicable to arrivals from category 3 countries and territories) is amended as follows. 2 In paragraph 2 (exceptions to the application of Schedule 11)— a in sub-paragraph (1)(g)— i after sub-paragraph (iv) insert— iva paragraph 4A (essential foreign policing), ; ii after sub-paragraph (ix) insert— ixa paragraph 12A (non-disembarking cruise passengers), ; iii in sub-paragraph (x), for “Georgia, Montenegro or Turkey” substitute “Georgia or Montenegro”; b in sub-paragraph (3), at the end of paragraph (k) insert— ; l the Virgin Money London Marathon . 3 In paragraph 11 (exceptions from duty to self-isolate), at the end of sub-paragraph (b)(ii) insert— ; c from any person who is required to self-isolate at the same accommodation as P under paragraph 18B(2) . 4 In paragraph 16 (duties where P is a child)— a in sub-paragraph (a), for “5 and 6” substitute “5, 6 and 18A”; b for paragraph (ii) of sub-paragraph (aa) substitute— 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 . 5 In paragraph 18 (modification of this Schedule where P is a relevant person)— a in sub-paragraph (1)(b), for “9 and 10” substitute “9, 10, 18A(2) and 18B(1)(b)”; b after sub-paragraph (1) insert— 1A Where P is a relevant person by virtue of sub-paragraph (2)(a)(ix) or (3) to (6)— 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). 6 After paragraph 18 insert— Requirement to provide contact details 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. Requirement to self-isolate with P 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. Requirement on employers of self-isolating workers 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. . Amendment of Schedule 13 16 1 Schedule 13 (prohibition on the arrival of aircraft and vessels into England) is amended as follows. 2 In paragraph 4, omit— a sub-paragraph (ab) (Bangladesh); b sub-paragraph (db) (Egypt); c sub-paragraph (eb) (Kenya); d sub-paragraph (f) (The Maldives); e sub-paragraph (g) (Oman); f sub-paragraph (ga) (Pakistan); g sub-paragraph (ia) (Sri Lanka); h sub-paragraph (j) (Turkey). 3 In paragraph 5, omit the entry for Turkey. Amendment of Schedule 14 17 1 Schedule 14 (amounts of fixed penalties) is amended as follows. 2 In paragraph 11 (regulation 19(1)(i) and (j))— a in the heading, after “(i)” insert “, (ia), (ic)”; b in the opening words, for “(aa)” substitute “(aa)(i) or (ii), 18A or 18C”. 3 In the opening words of paragraph 12A, for “(aa)” substitute “(aa)(i) or (ii) or 18A”. 4 In paragraph 13 (regulation 19(1)(k))— a in the heading, for “19(1)(k)” substitute “19(1)(id) and (k)”; b in the opening words, after “workforce tests)” insert “or paragraph 18C of Schedule 11 (employers’ obligations relating to self-isolating workers)”. Amendment of the Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 18 In regulation 1(4)(g) of the Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 , omit “(b)”. Sajid Javid Secretary of State, Department of Health and Social Care At 10.53 a.m. on 20th September 2021