2022 No. 3

Public Health

The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment) Regulations (Northern Ireland) 2022

Made

Coming into operation in accordance with regulation 1(2), (3) and (4)

The Department of Health1, makes the following Regulations in exercise of the powers conferred by sections 25B and 25F(2) of the Public Health Act (Northern Ireland) 19672.

Citation and commencementI11

1

These Regulations may be cited as the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment) Regulations (Northern Ireland) 2022.

2

Regulation 5 and 6 come into operation at 4.00 a.m. on 9th January 2022.

3

Regulation 9 comes into operation at 4.00 a.m. on 10th January 2022.

4

The other provisions of these Regulations come into operation at 4.00 a.m. on 7th January 2022.

5

An amendment made by these Regulations does not apply in relation to a person arriving in Northern Ireland before the coming into operation of the provision containing the amendment.

Annotations:
Commencement Information
I1

Reg. 1 in operation at 7.1.2022 at 4.00am, see reg. 1(4)

InterpretationI22

In these Regulations—

a

the principal Regulations” means the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 20213.

b

the Operator Liability Regulations” means the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 20214.

Annotations:
Commencement Information
I2

Reg. 2 in operation at 7.1.2022 at 4.00am, see reg. 1(4)

Amendment of the principal RegulationsI33

The principal Regulations are amended in accordance with regulations 4 to 9.

Annotations:
Commencement Information
I3

Reg. 3 in operation at 7.1.2022 at 4.00am, see reg. 1(4)

Removal of requirement for eligible non-red list arrival to possess negative testI44

In regulation 6 (requirement to possess notification of negative test result), omit paragraph (1)(ab).

Annotations:
Commencement Information
I4

Reg. 4 in operation at 7.1.2022 at 4.00am, see reg. 1(4)

Modification of requirement for eligible non-red list arrival to book and undertake day 2 testI55

In regulation 8 (requirement to book and undertake tests), in paragraph (9) for “(including isolating if a test generates a positive result)” substitute “(including isolating on failure to undertake a test, or if a test generates a positive or inconclusive result)”.

Annotations:
Commencement Information
I5

Reg. 5 in operation at 9.1.2022 at 4.00am, see reg. 1(2)

Enforcement and information sharing of new requirements for eligible non-red list arrivals to book and undertake day 2 testI6I67

1

In regulation 23(1), after sub-paragraph (c) insert—

caa

without reasonable excuse contravenes a requirement in paragraph 5A(2) of Schedule 6,

2

After regulation 25, insert—

Reasonable excuses: contravention of paragraph 5A(2) of Schedule 625AA

For the purposes of regulation 23(1)(caa), reasonable excuses for contravening paragraph 5A(2) of Schedule 6 include, in particular, where—

a

it is not reasonably practicable for a person to undertake a test due to a disability,

b

a person requires medical treatment with such urgency that undertaking a test is not reasonably practicable,

c

a test is cancelled for reasons beyond the person’s control,

d

the person sought the test, but the test did not arrive.

3

In regulation 27—

a

at the end of paragraph (14) insert—

f

in the case of a fixed penalty notice issued in respect of a failure to undertake a test in accordance with paragraph 5A(2) of Schedule 6, £1,000,

g

in the case of the second fixed penalty notice issued in respect of a failure to undertake a test in accordance with paragraph 5A(2) of Schedule 6, £2,000.

b

in paragraph (15) after “regulation 23(1)(c)” insert “or regulation 23(1)(caa)”.

4

In regulation 34(2)—

a

in sub-paragraph (d) after “F1paragraph 8(3)” insert “, (3C), (3D)”,

b

in sub-paragraph (f) after “under regulation 8 has been F2sequenced,” insert “a sample taken under a confirmatory PCR test under paragraph 5A of Schedule 6 has been sequenced, “.

Removal of requirement for eligible non-red list arrival to self-isolateI78

In regulation 10 (requirement to self-isolate)—

a

omit paragraph (1)(b),

b

omit paragraph (3)(a)(ii).

Annotations:
Commencement Information
I7

Reg. 8 in operation at 7.1.2022 at 4.00am, see reg. 1(4)

Updates to authorised vaccine and relevant countries listsI89

1

In paragraph 10 of Schedule 2B (criteria to be an eligible arrival), in the definition of “authorised vaccine”, in sub-paragraph (c)(ii)—

a

for “10, 11 or 13” substitute “10, 11, 12, 13 or 14”,

b

for “11th November” substitute “23rd December”6.

2

In the list in paragraph 12 of Schedule 2B (countries and territories) insert entries at the appropriate places for—

Bhutan

Cameroon

Côte d’Ivoire

Cyprus, northern

Fiji

Iraq

Liberia

Mali

Mauritania

Niger

Palau

Papua New Guinea

Paraguay

Solomon Islands

The Gambia

Uzbekistan

Annotations:
Commencement Information
I8

Reg. 9 in operation at 10.1.2022 at 4.00am, see reg. 1(3)

Amendment of the Operator Liability RegulationsI910

1

The Schedule to the Operator Liability Regulations is amended in accordance with this regulation.

2

For Part 1, substitute—

Part 1

Required information to enter Northern Ireland from overseas

All persons arriving in the UK must fill in a Passenger Locator Form up to 48 hours before arrival. You must declare all countries you have visited in the 10 days before arrival.

Before departure check if any of the countries you have visited are on the red list.

If you have visited a country on the red list you must book a managed isolation package.

You can only enter if you are a British or Irish National, or you have residence rights in the UK. You must enter through a designated port of arrival and isolate in a government approved hotel for 10 days.

If you have not visited any countries on the red list, check if you qualify as fully vaccinated.

If you qualify as fully vaccinated you must book a test to take on or before day 2.

If you do not qualify as fully vaccinated you must:

  • provide proof of a negative COVID-19 test taken within 2 days of departure to the UK,

  • make plans to self-isolate in private accommodation for 10 full days after arrival (or full duration of stay if less than 10 days), and

  • book tests to take on day 2 and day 8 of self-isolation.

These measures apply to all persons (including UK nationals and residents) arriving in the UK from outside the Common Travel Area comprising the United Kingdom, Ireland, the Isle of Man, and the Channel Islands. The British Overseas Territories are not in the Common Travel Area. Public health requirements may vary depending upon which nation of the UK you are staying in.

England: https://www.gov.uk/uk-border-control

Northern Ireland: https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice

Scotland: https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine

Wales: https://gov.wales/arriving-wales-overseas

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.

3

For Part 2 substitute—

Part 2

Onboard announcement

The following is a public health message on behalf of the UK’s public health agencies.

If you are fully vaccinated or otherwise meet the eligibility criteria, you must take a test on or before day 2 after you arrive.

If you are not fully vaccinated or do not meet the eligibility criteria, you must self-isolate for 10 days and take a test on day 2 and day 8 after you arrive.

If you have been in any countries on the red list within the previous 10 days, you must quarantine in a managed quarantine facility for 10 days.

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

Annotations:
Commencement Information
I9

Reg. 10 in operation at 7.1.2022 at 4.00am, see reg. 1(4)

Sealed with the Official Seal of the Department of Health on 7th January 2022

(L.S.)Dr Lourda GeogheganA senior officer of the Department of Health
EXPLANATORY NOTE

(This note is not part of the Regulations)

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

The main changes made by these Regulations are to the rules that apply to eligible non-red list arrivals, i.e. those arrivals to Northern Ireland who are fully vaccinated upon arrival.

Regulation 4 removes the requirement for these people to have a negative test result before they arrive in Northern Ireland.

Regulations 5 and 6 change the rules on booking a covid test before arrival in Northern Ireland for these people. They must have booked a day 2 test before they arrive in Northern Ireland. That test can be a lateral flow test. If that test is negative, there are no further restrictions upon them. However, if the test is positive or inconclusive, they must self-isolate for 10 days. If the test is positive, they must also take a further PCR test. If the test is inconclusive, they may take a further PCR test. If the further PCR test is negative, they can leave self-isolation with no further restrictions.

Regulation 7 supplements the enforcement and information sharing regime to ensure that there are powers to deal with those who do not comply with these rule changes.

Regulation 8 changes the rules on self-isolation for these people. There is no obligation to self-isolate upon arrival. But this is subject to the rules in regulations 5 and 6 on what happens if they get a positive result on their day 2 test.

Regulation 9 updates the list of recognised vaccines and countries.

Regulation 10 updates the information that must be given to passengers travelling to Northern Ireland.

No impact assessment has been prepared for these Regulations.