Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 4) Regulations (Northern Ireland) 2021.

(2) These Regulations come into operation at 4.00 a.m. on 2nd August 2021.

(3) In these Regulations “the principal Regulations” means the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021( 3).

Workforce tests: enforcement of self-isolation

2.  In regulation 2(1) of the principal Regulations for the definition of “isolation” substitute—

““isolation” means, as the context requires—

Amber plus list countries

3.—(1) In regulation 3(1) of the principal Regulations—

(a) in the heading of the regulation, after “amber” insert “, amber plus”,

(b) after the definition of “amber list country” insert—

““amber plus list country” means a country or territory, or part of a country or territory listed in Schedule 2A (amber plus list countries), ”,

(2) After Schedule 2 of the principal Regulations insert—

Regulation 3(1)

“SCHEDULE  2A Amber plus list countries

• Metropolitan France ”.

Fully vaccinated amber list arrivals

4.—(1) After regulation 3 of the principal Regulations insert—

“Fully vaccinated amber list arrivals

3A.— (1)  A person (P) who is a fully vaccinated amber list arrival, and has not been in an amber plus list country in the 10 days prior to arriving in Northern Ireland, is to be treated as a green list arrival for the purposes of these Regulations.

(2)  P is fully vaccinated, for the purposes of falling within the definition of fully vaccinated amber list arrival, if P meets the criteria set out in Schedule 2B. ”.

(2) After Schedule 2A of the principal Regulations (as inserted by regulation 3 of these Regulations) insert—

Regulation 3A(2)

“SCHEDULE  2B Criteria to be a fully vaccinated amber list arrival

1.   P is a fully vaccinated amber list arrival if P complies with any of paragraphs 2 to 6.

2.   P complies with this paragraph if P—

(a) has completed a course of doses of an authorised vaccine with the final dose having been received before the start of the period beginning with the 14th day before the date of P’s arrival in Northern Ireland,

(b) received that course of doses in the United Kingdom or a relevant country,

(c) if the course of doses was received in the United States of America, is ordinarily resident in the United States of America,

(d) is able to provide proof, if required by an immigration officer or the operator of the relevant service on which P travels to Northern Ireland, of meeting the requirement in sub-paragraph (a) through—

(i) the NHS COVID pass, certification issued by the Department of Health, or equivalent from NHS Scotland or NHS Wales,

(ii) the EU Digital COVID Certificate, or

(iii) the Centres for Disease Control and Prevention vaccination card,

(e) is able to provide proof, if required by an immigration officer or the operator of the relevant service on which P travels to Northern Ireland, of meeting the requirement in sub-paragraph (c), and

(f) has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria for reduced isolation and testing requirements.

3.   P complies with this paragraph if P—

(a) has participated, or is participating, in a clinical trial of a vaccine for vaccination against coronavirus carried out in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004( 4) ,

(b) is able to provide proof of such participation, if required by an immigration officer or the operator of the relevant service on which P travels to Northern Ireland, and

(c) has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria for reduced isolation and testing requirements.

4.   P complies with this paragraph if P—

(a) has participated, or is participating, in a clinical trial regulated in the United States of America by the Food and Drugs Administration of a vaccine for vaccination against coronavirus,

(b) is able, if required by an immigration officer or the operator of the relevant service on which P travels to Northern Ireland, to provide proof of such participation through the Centres for Disease Control and Prevention vaccination card,

(c) has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria for reduced isolation and testing requirements, and

(d) is ordinarily resident in the United States of America and is able to provide proof of that residence, if required by an immigration officer or the operator of the relevant service on which P travels to Northern Ireland.

5.   P complies with this paragraph if P is—

(a) under the age of 18 years upon arrival in Northern Ireland, and

(b) ordinarily resident in the United Kingdom or a relevant country.

6.   P complies with this paragraph if P is either—

(a) a person who—

(i) has completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas, with the final dose having been received before the start of the period beginning with the 14th day before the date of their arrival in Northern Ireland,

(ii) is able to provide proof, if required by an immigration officer or the operator of the relevant service on which P travels to Northern Ireland, of meeting the requirements in paragraph (i), and

(iii) has declared on the Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria for reduced isolation and testing requirements, or

(b) a dependent of a person of the description in any of paragraphs (a) to (c) of the definition of “United Kingdom vaccine roll-out overseas” and is under the age of 18 years upon arrival in Northern Ireland.

7.   For the purposes of paragraphs 2 and 6, P has completed a course of doses if P has received the complete course of doses specified—

(a) in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

(b) in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 (supply in response to spread of pathogenic agents etc.) of the Human Medicines Regulations 2012( 5) for the authorised vaccine.

8.   For the purposes of paragraph 6, where P has received a dose of an authorised vaccine in the United Kingdom and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have received a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.

9.   For the purposes of this Schedule a child is to be treated as making a declaration on a Passenger Locator Form, and providing any proof required, if that declaration is made, and the proof provided, by a person who is travelling with and has responsibility for that child.

10.   In this Schedule—

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

“clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004,

“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989,

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

“the licensing authority” has the meaning given in regulation 6(2) (the licensing authority and the Ministers) of the Human Medicines Regulations 2012,

“marketing authorisation”—

“medicinal product” has the meaning given in regulation 2 (medicinal products) of the Human Medicines Regulations 2012,

“NHS COVID pass” means the COVID-19 records on the NHS smartphone app developed and operated by the Secretary of State, through the website at NHS.uk or a COVID-19 post vaccination letter obtained from the NHS,

“NHS” means the health service continued under section 1(1) of the National Health Service Act 2006,

“NHS Scotland” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978,

“NHS Wales” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006,

“relevant country” means a country listed in the first column of the table in paragraph 11,

“relevant regulator”, in relation to a relevant country, means the regulator identified in the corresponding row of the second column of the table in paragraph 11, and a reference to a regulator in that table is a reference to the regulatory authority of that name designated as a Stringent Regulatory Authority by the World Health Organization pursuant to the operation of the COVAX Facility( 6) ,

“relevant service” means a commercial transport service carrying passengers to Northern Ireland from outside the common travel area,

“United Kingdom vaccine roll-out overseas” means the administration of vaccination against coronavirus to—

11.   The table referred to in the definitions of “relevant country” and “relevant regulator” follows—

Workforce tests

5.—(1) After regulation 9 of the principal Regulations insert—

“Workforce tests

Requirement to undertake workforce tests

9A.— (1)  This paragraph applies in respect of a person (P) who is exempt, by virtue of one of the provisions of Part 2 of Schedule 4 set out in paragraph (2), from the requirement to book and undertake tests under regulation 8.

(2)  Those provisions are—

(a) paragraph 14 (Crown servants (border work)),

(b) paragraph 15 (Crown servants (defence), armed forces, visiting forces),

(c) paragraph 17 (seamen and masters) other than seamen and masters of fishing vessels within the meaning of the Merchant Shipping Act 1995,

(d) paragraph 18 (pilots (maritime)),

(e) paragraph 19 (ship inspectors),

(f) paragraph 20 (air crew),

(g) paragraph 22 (road haulage workers),

(h) paragraph 34 (official repatriating a prisoner),

(i) paragraph 35 (official escorting extradition subject),

(j) paragraph 36 (foreign official collecting extradition subject),

(k) paragraph 42 (specialist aerospace engineer or worker),

(l) paragraph 49 (medical courier),

(m) paragraph 67 (seasonal agricultural worker).

(3)  Subject to paragraphs (6) and (8)—

(a) where P is a green list arrival, P must undertake a workforce test for day 2,

(b) in all other cases, P must undertake a workforce test for day 2, day 5 and day 8.

(4)  Where P does not undertake a workforce test as required by this regulation by reason of a reasonable excuse (see regulation 25A), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer apply, undertake a replacement workforce test.

(5)  Where a replacement workforce test is undertaken instead of—

(a) a workforce test for day 2, P is to be treated as if P had undertaken a workforce test for day 2 in accordance with this regulation,

(b) a workforce test for day 5, P is to be treated as if P had undertaken a workforce test for day 5 in accordance with this regulation,

(c) a workforce test for day 8, P is to be treated as if P had undertaken a workforce test for day 8 in accordance with this regulation.

(6)  Subject to paragraph (8), for any period during which P is a recurring work traveller, paragraph (3) does not apply and instead P must undertake a workforce test—

(a) before the end of the second day after the day P first arrives in Northern Ireland during the period during which P is a recurring work traveller, or as soon as reasonably practicable during the time P is next in Northern Ireland after the end of the second day,

(b) subsequently, within each successive period of three days, beginning with the day after the day on which P undertook the previous workforce test.

(7)  P is a “recurring work traveller” where—

(a) P is undertaking work that requires P to enter and leave Northern Ireland on a daily basis, or at intervals of no greater than two days, and is entering and leaving accordingly, and

(b) P is not a road haulage worker, within the meaning of paragraph 22 of Schedule 4.

(8)  Paragraphs (3) and (6) do not apply where—

(a) P is a person described in any of the following paragraphs of Part 2 of Schedule 4—

(i) paragraph 17 (seamen and masters),

(ii) paragraph 18 (pilots (maritime)),

(iii) paragraph 19 (ship inspectors),

(iv) paragraph 20 (air crew),

(b) P meets the exempt (no access to passengers condition) set out in paragraph 8(1) and (3) of Part 1 of Schedule 4, and

(c) P—

(i) does not disembark from or leave the conveyance on which P travelled to Northern Ireland at any time when the conveyance is moored at a port in Northern Ireland or is otherwise stationary in Northern Ireland, or

(ii) travelled to Northern Ireland on the same conveyance on which they left Northern Ireland and did not disembark from or leave that conveyance at any time when it was moored at a port in a country outside the common travel area or was otherwise stationary in such a country.

(9)  In these Regulations—

(a) “a replacement workforce test” means a workforce test complying with the requirements that apply to the workforce test that was missed,

(b) “a workforce test” means a test for the detection of coronavirus which is provided or administered under the Health and Personal Social Services (Northern Ireland) Order 1972( 7) ,

(c) “a workforce test for day 2” means a workforce test which is undertaken no later than the end of the second day after the day on which P arrived in Northern Ireland,

(d) “a workforce test for day 5” means a workforce test which is undertaken—

(i) after a workforce test for day 2,

(ii) no earlier than the end of the second day after the day on which P arrived in Northern Ireland, and

(iii) before the end of the fifth day after the day on which P arrived in Northern Ireland.

(e) “a workforce test for day 8” means a workforce test which is undertaken—

(i) after a workforce test for day 5,

(ii) no earlier than the end of the fourth day after the day on which P arrived in Northern Ireland, and

(iii) before the end of the eighth day after the day on which P arrived in Northern Ireland.

(10)  Schedule 6A (workforce tests) makes further provision about workforce tests (including the consequences of testing). ”.

(2) After Schedule 6 of the principal Regulations insert—

Regulation 9A

“SCHEDULE  6A Workforce tests

Consequence of failure to undertake test

1.— (1)  This paragraph applies where P fails to undertake a workforce test as required by regulation 9A.

(2)  P must enter into and remain in self-isolation from others, in accordance with paragraphs 4 and 5, until the earlier of—

(a) the end of the 14th day after the day on which P arrived in Northern Ireland, or

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

(3)  P must comply with any applicable obligations in regulation 9A(3) during any period that P is required to self-isolate in accordance with paragraph (2).

Consequences of test results

2.— (1)  Where a workforce test undertaken by P 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 6 (requirement to book and undertake tests), in the circumstances specified in paragraph 8 of that Schedule (other than the circumstances in paragraph 8(2) about when a test must be undertaken), and

(b) P must enter into and remain in self-isolation from others in accordance with paragraphs 4 and 5 of this Schedule until the end of the 10th day after the day P undertook the workforce test.

(2)  Where sub-paragraph (1) applies—

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

(3)  Where the further test undertaken in accordance with sub-paragraph (1)(a) generates a negative result, P is no longer required to remain in self-isolation.

(4)  Where a workforce test undertaken by P 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 9A.

(5)  Where a workforce test undertaken by P generates a negative result, there are no consequences.

Duties on employers

3.— (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 Department 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.

Place where a person must self-isolate under this Schedule

4.— (1)  This paragraph sets out the place where P must self-isolate.

(2)  P must self-isolate at—

(a) their home,

(b) the home of a friend or family member, or

(c) a hotel, hostel, bed and breakfast accommodation or other suitable place.

(3)  Where it is not possible for P to self-isolate in accordance with sub-paragraph (2), P must self-isolate in accommodation facilitated by the United Kingdom Government for the purposes of P’s self-isolation.

(4)  The place referred to this in paragraph includes the premises where P is self-isolating together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of the premises.

Limitations to, and exceptions from, requirement to self-isolate under this Schedule

5.— (1)  This paragraph sets out the limitations to, and exceptions from, the requirement to self-isolate.

(2)  The following provisions of regulation 11 apply to self-isolation under this Schedule as they apply to self-isolation under regulations 10 to 13—

(a) paragraph (2)(a) to (d),

(b) paragraph (3),

(c) in paragraph (4), sub-paragraphs (b) to (f), and (h) to (l).

(4)  P is also permitted to leave the place of self-isolation where necessary to undertake a workplace test. ”.

Workforce tests: offences

6.—(1) In regulation 23 of the principal Regulations, after paragraph (1)(c) insert—

“(ca) without reasonable excuse contravenes a requirement in regulation 9A,

(cb) without reasonable excuse contravenes a requirement in paragraph 3 of Schedule 6A,

(cc) without reasonable excuse contravenes a requirement in schedule 6A, other than paragraph 3, ”.

(2) After regulation 25 of the principal Regulations insert—

“Reasonable excuses: contravention of regulation 9A

25A.   For the purposes of regulation 23(1)(ca), reasonable excuses for contravening regulation 9A include, in particular, where—

(a) it was not reasonably practicable for a person to undertake a test due to a disability,

(b) a person required medical treatment with such urgency that undertaking a test was not reasonably practicable,

(c) a test was cancelled for reasons beyond a person’s control,

(d) a person has left Northern Ireland,

(e) a person is employed as air crew and is undertaking a rest period for a continuous, uninterrupted and defined period of time, following duty or prior to duty, during which the person is free of all duties, standby or reserve (and for these purposes, “duties” “standby” and “reserve” have the meanings given in paragraph ORO.FTL.105 of Commission Regulation (EU) No. 965/2012 ). ”.

(3) In regulation 27 of the principal Regulations—

(a) in paragraph (5) for “regulation 23(1)(d).” substitute—

“(a) regulation 23(1)(cc), or

(b) regulation 23(1)(d). ”,

(b) at the end insert—

“(16)  Where the fixed penalty notice is issued in respect of a workforce test offence then the amount specified must be—

(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 and subsequent fixed penalty notices, £3,000.

(17)  For the purposes of this regulation a workforce test offence means an offence described in regulation 23(1)(ca).

(18)  Where the fixed penalty notice is issued in respect of an employers’ obligation workforce test offence then the amount specified must be—

(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 notices, £10,000.

(19)  For the purposes of this regulation an employers’ obligation workforce test offence means an offence described in regulation 23(1)(cb). ”.

Workforce tests: information sharing

7.  In regulation 34(2)(f) of the principal Regulations, after “sequenced,” insert “or a sample taken in respect of a further test required under paragraph 2(1)(a) of Schedule 6A has been sequenced,”.

Requirement to book and undertake tests: specialist aerospace engineer or worker

8.  In the table in Part 1 of Schedule 4, in entry 22 (specialist aerospace engineer or worker), in the column relating to the requirement to book and undertake tests under regulation 8, for “not exempt” substitute “exempt”.

Amendment to the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021

9.—(1) The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021( 8) are amended as follows.

(2) For regulation 4A(2)(a) (evidence which operators must ensure passengers possess) substitute—

“(a) evidence of the description in Schedule 2B, paragraphs 2(d), 2(e), 3(b), 4(b), 4(d) and 6(a)(ii) to the International Travel Regulations, or ”.

Revocations

10.  The following provisions are revoked—

(a) in the principal Regulations—

(i) in regulation 8(11)(b) the words “or an amber list arrival claiming the fully vaccinated traveller exemption”,

(ii) in regulation 10(1) the words “unless they are claiming the fully vaccinated traveller exemption”,

(iii) in Schedule 4, in Part 1, in the table, entry 38 (fully vaccinated traveller),

(iv) in Schedule 4, in Part 2, paragraph 66,

(b) regulations 3, 4 and 7 of the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 2) Regulations (Northern Ireland) 2021( 9).

Transitional and savings provision

11.  The amendments made by these Regulations do not have effect in relation to any traveller who arrived in Northern Ireland before 4.00 am on 2nd August 2021.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021 (“the Principal Regulations”) and the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations 2021.

Regulation 2 introduces a revised definition of self-isolation to describe the context that it relates to.

Regulation 3 create the new category of amber plus list countries. If a fully vaccinated traveller arrives from an amber plus list country, they are not treated as if they had arrived from a green list country.

Regulation 4 amends and expands the fully vaccinated traveller exemption so that travellers who are fully vaccinated in the EU or USA, and who arrive in Northern Ireland from an amber list country are treated as if they had arrived from a green list country.

Regulations 5, 6, 7 and 8 establish a workforce test regime for certain categories of arrivals to Northern Ireland. Those arrivals must now undertake workforce tests after arrival.

Regulation 9 adds the requirement for operators to ensure that a passenger provides evidence of relevant vaccination.

No impact assessment has been prepared for these Regulations.