2021 No. 213

Public Health

The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 2) Regulations (Northern Ireland) 2021

Made

Coming into operation

The Department of Health F1 makes the following Regulations in exercise of the powers conferred by sections 25B and 25F(2) of the Public Health Act (Northern Ireland) 1967 F2.

Annotations:
Amendments (Textual)
F1

Formerly the Department of Health, Social Services and Public Safety; see 2016 c. 5 (N.I.), s. 1(5)

F2

1967 c. 36 (N.I.). Part 1A was inserted by section 48 of, and Schedule 18 to, the Coronavirus Act 2020 (c. 7)

Citation, commencement and interpretation1

1

These Regulations may be cited as the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No.2) Regulations (Northern Ireland) 2021 and shall come into operation at 4.00 a.m. on 19th July 2021.

2

In these Regulations—

  • the International Travel Regulations” means the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021 F3;

  • the Passenger Information Regulations” means the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021 F4.

Amendment of the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 20212

The International Travel Regulations are amended in accordance with regulations 3 to 8.

Amendment to regulation 8F53

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Amendment to regulation 10F64

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Amendment to Schedule 15

In Schedule 1 (Red list countries), at the appropriate place in alphabetical order, insert “ Cuba ”, “Indonesia”, “Myanmar”, and “Sierra Leone”.

Amendment to Schedule 26

In Schedule 2 (Green list countries), at the appropriate place in alphabetical order, insert “ Bulgaria ”, “Croatia”, “Hong Kong”, and “Taiwan” and omit “Balearic Islands” and “British Virgin Islands”.

Amendments to Schedule 4F77

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Amendment to Schedule 68

In Schedule 6 (Requirement to book and undertake tests (mandatory testing after arrival in Northern Ireland) in paragraph 9(3)—

a

in the words below the heading “Form A”, after the words “If you took the test on day 8, you may stop isolating when you have completed your 10 day isolation period.” insert “ If you have travelled from an amber list country and are within the fully vaccinated traveller exempt category you are not required to quarantine or take a day 8 test ”.

b

in the words below the heading “Form B”, after “People you are travelling (or have travelled) with must still take a day 8 test” insert “ , unless they are within the fully vaccinated traveller exempt category. ”

Amendment to the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 20219

The Passenger Information Regulations are amended in accordance with regulations 10 to 12.

Insertion of new regulation 4A10

After regulation 4 (requirement to ensure passengers possess notification of negative test result) insert—

Requirement to check vaccination status4A

1

An operator must ensure that a passenger who has indicated on the Passenger Locator Form an intention to take advantage of the fully vaccinated traveller exemption in Schedule 4 of the International Travel Regulations is in possession of the required evidence.

2

In paragraph (1) “the required evidence” means—

a

evidence of the description in Schedule 4, Part 2 paragraph 66(1)(c), (2)(b) or (4)(a)(ii) of the International Travel Regulations; or

b

where the passenger is aged under 18 years, evidence of the passenger's age.

3

An operator must implement and maintain processes and systems to ensure that the requirement in paragraph (1) is complied with.

4

An operator must retain records and information of the steps that it has taken to comply with paragraph (3).

5

An authorised person may request copies of the records and such other information from an operator as is necessary for the authorised person to determine whether the requirements under paragraph (3) have been complied with.

6

A request under paragraph (5) must specify the period within which the operator must provide the information to the authorised person.

7

In paragraph (5) “authorised person” means—

a

in relation to passengers arriving by sea, the Department for Infrastructure;

b

in relation to passengers arriving by air, the Civil Aviation Authority.

Amendment to regulation 811

In regulation 8 (offences)—

a

in paragraph (1)(d), omit “or” and after that insert—

da

regulation 4A(1) ,

db

regulation 4A(3), or

b

after paragraph (4) insert—

4A

In relation to the offence in paragraph (1)(da) it is a defence for the operator to show that a passenger presented a document purporting to be the required evidence which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not the required evidence.

4B

In relation to the offence in paragraph (1)(db) it is a defence for the operator to show that it was not reasonably practicable to have the processes and systems in place at the relevant time.

Amendment to the Schedule12

In the Schedule—

a

in Part 1, in paragraph 4 of the section headed “ESSENTIAL INFORMATION TO ENTER THE UK”, after “Everyone is required to take a coronavirus test on day 2, and arrivals from red list and amber list countries must also take a test on day 8 of their isolation” insert “ unless you are exempt ”;

b

In Part 1, in paragraph 5 of the section headed “ESSENTIAL INFORMATION TO ENTER THE UK”, for “the UK” substitute “ Northern Ireland ”;

c

In Part 2, in the second sentence of the Onboard announcement, after “within the first two days after you arrive” insert “ even if you have been fully vaccinated ”.

Sealed with the Official Seal of the Department of Health on 16th July 2021

Dr Lourda Geoghegan A senior officer of theDepartment of Health

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021 (“the International Travel Regulations”).

Regulations 3 and 4 amend the International Travel Regulations so that a fully vaccinated amber list arrival does not need to self-isolate or take a day 8 test, in accordance with those regulations.

Regulation 5 makes amendments to Schedule 1 of the International Travel Regulations by adding “Cuba”, “Indonesia”, “Myanmar”, and “Sierra Leone”.

Regulation 6 makes amendments to Schedule 2 of the International Travel Regulations by adding “Bulgaria”, “Croatia”, “Hong Kong”, and “Taiwan” and omitting “Balearic Islands” and “British Virgin Islands”.

Regulation 7 makes amendments to Schedule 4 of the International Travel Regulations to introduce a new exempt category for fully vaccinated arrivals from amber list countries. A person who is in this category is exempt from the requirement to self-isolate that would otherwise apply and from the requirement to undertake a day 8 test post-arrival.

In order to avail of the exemption, the person in question must have proof of their exemption status and must make the appropriate declaration on their Passenger Locator Form. (The Passenger Locator Form contains passenger information and must be completed and produced if so required by the principal Regulations.)

Regulation 8 amends Schedule 6 of the International Travel Regulations as a consequence of the introduction of the new exemption.

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

Regulation 10 imposes obligations on travel operators to check the evidence held by travellers claiming fully vaccinated exempt status to have systems and processes, and regulation 11 makes provision for the offences applicable in case of breaches of those obligations.

Regulation 12 amends the Schedule to the Passenger Information Regulations as a consequence of the fully vaccinated exemption, where they will be exempt from the requirement to self-isolate and undertake a day 8 test post-arrival.

No impact assessment has been prepared for these Regulations.