The Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021 (revoked)
UK Statutory Instrument 2021 No. 38 — creates 1 criminal offence.
- Made
- 14 January 2021
- In force from
- Not determined
- Extent
- Not stated
- Subject
- COVID-19 emergency legislation (2020-2022)
- Made under
- Public Health (Control of Disease) Act 1984
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
Part 1 of these Regulations amends the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (S.I. 2020/568) to introduce a requirement for persons travelling to England from outside the open borders area comprising the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland (the “common travel area” by virtue of section 1(3) of the Immigration Act 1971 (c. 77)) to possess a notification of a negative coronavirus test upon arrival in England or, if travelling on a shuttle service through the Channel Tunnel, upon presenting at immigration control at the Channel Tunnel shuttle terminal area in France. Part 2 of these Regulations introduces requirements for persons operating commercial transport services (“operators”) for passengers travelling to England from outside the common travel area to ensure that passengers who arrive in England on such services have completed a Passenger Locator Form (regulation 6(1)) and possess notification of a negative test result (regulation 7(1)). Operators operating shuttle services through the Channel Tunnel are required to ensure that passengers have these documents by the time they present at immigration control at the Channel Tunnel shuttle terminal area in France. Breach of the requirements is an offence (regulation 8(1)). Upon completion of the Passenger Locator Form, passengers receive a unique passenger reference number from the Home Office. An operator who has recorded a unique passenger reference number in the format used by the Home Office will have a defence to the offence in regulation 8(1)(a) (regulation 8(3)). Regulation 9 allows an authorised person to deal with an offence under regulation 8(1) by way of fixed penalty notice. A fixed penalty notice must give details of the particulars of the offence, including the name of the passenger without a completed Passenger Locator Form or notification of a negative test result. As the provisions made by these Regulations will have effect for a period of less than 12 months, a full Impact Assessment has not been prepared. An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.
Offences created by this instrument
- 1 An operator who fails to comply with the requirement in— a regulation 6(1), or b regulation 7(1), commits an offence regulation 8(1) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.
- Procedure
- Made negative — law unless a motion to stop it succeeded
- Could either House amend it?
- No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
- Committee
- Drawn to the special attention of the Houses by a scrutiny committee
Procedural history
- Instrument created 14 January 2021
- Instrument made (signed into law) 14 January 2021
- Laid before the House of Commons 14 January 2021 · Commons
- Laid before the House of Lords 14 January 2021 · Lords
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 19 January 2021 · Lords
- Drawn to the special attention of the House by the Secondary Legislation Scrutiny Committee (SLSC) 19 January 2021 · Lords
- Secondary Legislation Scrutiny Committee (SLSC) draws the special attention of the House to the instrument on the grounds that it is politically or legally important or gives rise to issues of public policy likely to be of interest to the House 19 January 2021 · Lords
- Objection period ends 4 March 2021
- Instrument remains law 4 March 2021
- Procedure concluded in the House of Commons and the House of Lords 4 March 2021 · Commons, Lords
- Considered by the Joint Committee on Statutory Instruments (JCSI) 17 March 2021 · Commons, Lords
- Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 17 March 2021 · Commons, Lords
- Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it makes unusual or unexpected use of the enabling power 17 March 2021 · Commons, Lords
- Instrument comes into force as law Date not recorded
From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2021