2021 No. 262
The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 6) Regulations (Northern Ireland) 2021
Made
Coming into operation
Citation and commencementI11
1
These Regulations may be cited as the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 6) Regulations (Northern Ireland) 2021.
2
Save as provided in paragraph (3), these Regulations come into operation at 4.00 a.m. on 22nd September 2021.
3
Regulations 4 and 9 come into operation on 1st October 2021.
Amendment of the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021I22
The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 20213 are amended in accordance with regulations 3 to 10.
I113
In regulation 2(1) (interpretation), 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 4I34
In regulation 4 (Requirement to provide information), after paragraph 6 insert—
6A
A person described in paragraph (1), (3) or (4) 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 Northern Ireland 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.
Amendment of regulation 24I45
In regulation 24 (Reasonable excuses: contravention of regulation 6)—
a
In paragraph (g), for “.” substitute “;”;
b
after paragraph (g) insert—
h
a person undertook a qualifying test on board the cruise ship on which that person arrived in Northern Ireland, the result of that test was positive, and it was not reasonably practicable for that person to disembark in a country or territory other than Northern Ireland.
Amendment of Schedule 1I56
In Schedule 1 (Red list countries), omit “Bangladesh”, “Egypt”, “Kenya”, “Oman”, “Pakistan”, “Sri Lanka”, “The Maldives” and “Turkey”.
Amendment of Schedule 2BI67
In Schedule 2B (Criteria to be a fully vaccinated amber list arrival)—
a
after paragraph 7 insert—
7A
For the purposes of paragraph 2, 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.
b
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 Schedule 4I78
In Schedule 4 (Persons who are exempt)—
a
in Part 1 (Persons who are exempt), in the table, after entry 41 insert the following entries—
42. A non-disembarking cruise passenger
Exempt
Exempt
Exempt
Exempt
Exempt
43. A short stay cruise passenger
Not Exempt
Not Exempt
Exempt
Not Exempt
Not Exempt
b
in Part 2 (Definitions of persons who are exempt, conditions, limitations of exemption and savings), after paragraph 69 insert—
42. A non-disembarking cruise passenger
70
A person, including a crew member, who travels to a port in Northern Ireland on a cruise ship but does not disembark from the cruise ship at any point while it is—
a
moored at a port in Northern Ireland, or
b
in the territorial waters adjacent to Northern Ireland.”
43. A short stay cruise passenger
71
A person who—
a
arrives in Northern Ireland on a cruise ship, and
b
is due to depart from Northern Ireland on the same cruise ship within 48 hours of their arrival.
Amendment of Schedule 6I89
In Schedule 6 (Requirement to book and undertake tests (mandatory testing after arrival in Northern Ireland))—
a
in paragraph 1(1)—
i
omit the definition of “Public Health England”;
ii
after the definition of “relevant isolation provisions” insert—
“the United Kingdom Health Security Agency” means the executive agency of that name of the Department of Health and Social Care;
b
in paragraph 2(3), for “Subject to sub-paragraph (3)” substitute “Subject to sub-paragraph (2)”.
c
in paragraph 8(5) omit “the test is booked,”;
d
in paragraph 9(4) for “Public Health England” substitute “the United Kingdom Health Security Agency”.
Amendment of Schedule 8I910
In Schedule 8 (Prohibition on arrival of aircraft and vessels)—
a
in paragraph 1 for “Turkey” substitute “No countries or territories are specified in this paragraph”;
b
in paragraph 2 for “Turkey” substitute “No countries or territories are specified in this paragraph”.
Amendment of the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021I1011
1
The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 20214 are amended as follows.
2
For regulation 8(4) (offences) substitute—
4
In relation to the offence in paragraph (1)(b), 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 Northern Ireland, 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 Northern Ireland.
Sealed with the Official Seal of the Department of Health on 21st September 2021
(This note is not part of the Regulations)