
1 

(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 9) Regulations (Northern Ireland) 2021.
(2) These Regulations come into operation at 4.00 a.m. on 22nd November 2021.
(3) 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.
(4) In these Regulations “the principal Regulations” means the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021.
(5) In these Regulations “the Operator Liability Regulations” means the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021.
2 
The principal Regulations are amended as mentioned in regulations 3 to 10.
3 
In regulation 2(1)—
(a) after the definition of “eligible”, insert—“
 “EU Digital COVID Certificate” means a certificate of COVID-19 records issued by either a member state of the European Union, European Economic Area or the European Free Trade Association, or a European microstate;
 “European microstate” means Andorra, Monaco, San Marino, the Sovereign Order of St John, or the Vatican City State.”;
(b) after the definition of “non-red list arrival” insert—“
 “North American Certificate” has the meaning given in Schedule 2B;”.
4 
In regulation 3, after paragraph (3), insert—“
(4) A reference to a country does not include a reference to the overseas territories and dependencies of that country unless otherwise stated.”.
5 
In regulation 6(7), in sub-paragraph (a), for “Covid” substitute “COVID”.
6 
In regulation 10, omit paragraph (4).
7 
In regulation 11(2), omit sub-paragraphs (d)(i) and (e)(i).
8 
In regulation 19—
(a) in paragraph (4), after “child” insert “who has arrived in Northern Ireland from a red list country”;
(b) in paragraph (5), after “child” insert “who has arrived in Northern Ireland from a red list country”.
9 
In Schedule 2B—
(a) in paragraph 2—
(i) omit sub-paragraph (b);
(ii) after sub-paragraph (d)(ii), insert—“
(iia) a North American Certificate;
(iib) a certificate of COVID-19 records issued by an approved third country or territory;”;
(iii) in sub-paragraph (d)(iii) omit “or”;
(iv) in sub-paragraph (d)(iv) for “,” substitute “, and”;
(v) omit sub-paragraph (e);
(b) in paragraph 4—
(i) at the end of sub-paragraph (b), insert “and”;
(ii) in sub-paragraph (c) omit “, and”;
(iii) omit sub-paragraph (d);
(c) in paragraph 5—
(i) in sub-paragraph (a) omit “, and”;
(ii) omit sub-paragraph (b);
(d) in paragraph 6—
(i) in the opening words, omit “either”;
(ii) at the end of sub-paragraph (a), omit “, or”;
(iii) omit sub-paragraph (b);
(e) in paragraph 7, after sub-paragraph (a), insert—“
(aa) if P has received at least 2 doses of any of the vaccines referred to in sub-paragraph (c) of the definition of “authorised vaccine” in paragraph 10, P is deemed to have completed a course of doses of an authorised vaccine.”;
(f) in paragraph 7B, after sub-paragraph (2)(b), insert—“
(ba) a North American Certificate;
(bb) a certificate of COVID-19 records issued by an approved third country or territory;”;
(g) in paragraph 10—
(i) in the definition of “authorised vaccine”, in sub-paragraph (c), for the words from “would be authorised” to the end, substitute—“—
(i) would be authorised as provided for in sub-paragraph (a)(i) or (ii) if the doses were received in the United Kingdom, or
(ii) are listed in lines 10, 11 or 13 of the guidance document “Status of COVID-19 Vaccines within WHO EUL/PQ Evaluation Process” published by the World Health Organisation on 11th November 2021, and authorised or certified in a regulated country listed in paragraph 12,”;
(ii) in the definition of “NHS COVID pass”—(aa) after “records” insert “available”;(bb) after “NHS.uk or” insert “in”;
(iii) after the definition of “NHS Wales” insert—“
 ”North American Certificate” means, in relation to a State, District or Province listed in the table in paragraph 10B, the certificate identified in the corresponding row of the second column of that table;”;
(h) after paragraph 10, insert—“
10A. 
The following countries and territories are approved third countries or territories for the purposes of this Schedule—
 Albania
 Armenia
 Faroe Islands
 Israel
 Morocco
 North Macedonia
 Panama
 Turkey
 Ukraine.
10B. 
The table referred to in the definition of “North American Certificate” in paragraph 10 is—

State, District or Provence Certificate Name
New York Excelsior Pass Plus
California Digital COVID-19 Vaccine Record
Washington State WA Verify”
(i) In paragraph 11, in the opening words, after “paragraph 10” insert “except in the definition of “North American Certificate””;
(j) In paragraph 12, in the list of countries and territories, at the appropriate places insert entries for—“
 Belarus
 Bolivia
 British Antarctic Territory
 British Indian Ocean Territory
 British Virgin Islands
 Democratic Republic of Congo
 Dominican Republic
 Ecuador
 Falkland Islands
 Guernsey
 Isle of Man
 Jersey
 Laos
 Libya
 Malawi
 Montserrat
 Mozambique
 Pitcairn, Henderson, Ducie and Oeno Islands
 Samoa
 Senegal
 South Georgia and the South Sandwich Islandsthe Soverign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
 St Helena, Ascension and Tristan da Cunha
 Turks and Caicos Islands
 Vanuatu
 Zambia
 Zimbabwe”.
10 

(1) In Part 1 (Persons who are exempt), in the table, for entries 4, 5, 6, 7, 8, 9, 10, 11, 14, 15 and 16 substitute the following entries—“
4. Foreign official (border work) Exempt Exempt (unless red list arrival) Exempt Exempt Exempt
5. Seamen and masters Exempt Exempt (unless red list arrival) Exempt Exempt (residency condition)Partial exemption (work condition) Exempt (residency condition)Partial exemption (work condition)
6. Pilots (maritime) Exempt Exempt (unless red list arrival) Exempt Exempt (residency condition)Partial exemption (work condition) Exempt (residency condition0Partial exemption (work condition)
7. Ship Inspectors Exempt Exempt (unless red list arrival) Exempt Exempt (residency condition)Partial exemption (work condition) Exempt (residency condition)Partial exemption (work condition)
8. Air crew Exempt Exempt (unless red list arrival) Exempt Exempt Exempt
9. Transit passenger Certain categories exempt, conditions apply Not exempt Exempt Exempt Exempt
10. Road haulage worker Exempt Exempt (unless red list arrival) Exempt Exempt Exempt
11. Civil aviation inspectors Not exempt Exempt (unless red list arrival) Exempt Exempt Not exempt
14. Official repatriating prisoner Not exempt Not exempt Exempt Exempt Exempt
15. Official escorting extradition subject Not exempt Not exempt Exempt Exempt Exempt
16. Foreign official collecting extradition subject Not exempt Not exempt Exempt Exempt Exempt”
(2) In Part 2 (Definition of persons who are exempt, conditions, limitations of exemption and savings)—
(a) after paragraph 7(1) insert—“
(1A) Where P is a person described in paragraph 1(a), (b), (h) or (k), P is not required to comply with regulation 10.”;
(b) in paragraph 9(2) omit—“if—
(a) P satisfies sub-paragraph (1),
(b) the Foreign, Commonwealth and Development Office has been notified of F’s arrival, and
(c) the Foreign, Commonwealth and Development Office has confirmed in writing that F is not required to comply with regulation 14 and Schedule 7.”.
(c) After paragraph 21A insert—“
21AA. 
Where P is a person described in paragraph 21(a) or (b)(i), P is not required to comply with regulation 4 provided that person does not pass through immigration control.”.
11 
The Operator Liability Regulations are amended in accordance with regulations 12 to 13.
12 
In regulation 2, in the definition of “required negative notification”, for “Covid” substitute “COVID”.
13 
In regulation 4A, in sub-paragraph (2)(a)—
(a) for “2(d) or (e)” substitute “2(d)”;
(b) for “4(b) or (d)” substitute “4(b)”.
Sealed with the Official Seal of the Department of Health on 19th November 2021
(L.S.)Dr Naresh Chada
A senior officer of the Department of Health
