Thanks to everyone for these really helpful replies.
I am as alarmed as everyone else at the authoritarian (yet at the same time, slapdash) way in which these rules are being suddenly imposed, with no debate or scrutiny, or indeed justification.
As some have said, it looks like filling in the form truthfully is enough, and the actual law does not seem to require evidence (although the guidance does). But the problem comes with enforcement. What if some jobsworth at the airport doesn't believe what is said on the face of the form and/or doesn't accept your evidence? In practice it would be impossible to have that decision reviewed/overturned by a court before your flight left, so the jobsworth would succeed in stopping you travelling even if their intervention was completely unjustified.
When will this madness end?
Hi Shotclog and everyone,
I have written this after spending some timne going through it. Apologies Splatt if I missed the link in the Govt Guidance as it was not obvious Saturday. The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020
Summary
• The above was amended by The Health Protection (Coronavirus) (Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) Regulations 2021 and not by a direct amendment to the above.
• The amendments add the requirement to those intending to travel from the UK as of today to complete and present a form referred to in the regulations as atTravel Declaration Form titled as Coronavirus (COVID-19) declaration form for international travel from England during stay at home restrictions
• The Health Protection (Coronavirus, International Travel) (England) Regulations 2020 last amended 04/03/2021, remarkably contains no reference to this imposition
• The form is not intended to be submitted, merely shown. It states “ You may be required to present this declaration and asked for any evidence to support your reason for travel at your port of departure “.
• It applies while UK remains in Tier 4 and applies only to the land area of England not the territorial waters of England on which a vessel might be afloat nor Wales, Scotland or Northern Ireland who have not yet extended their powers.
• Enforcers appear to be police and presumably Border Force or whoever the government chooses to bestow powers upon.
• It does not apply to the Common Travel Area.
• The purposes permitted mentioned on the form are
o Work
o Volunteering
o Education
o Medical, or compassionate reasons
o Wedding, funeral or related event
o Other permitted reasons – please specify:
• There is no mention of these purposes in the amended SI. The similar amendments that were listed in The Health Protection (Coronavirus) (Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) Regulations 2021
o apply to gatherings only
o A person who intentionally or recklessly provides false or misleading information on a travel declaration form commits an offence. But there is no offence of failing to complete
Observations
The government as usual have mischievously or incompetently drafted an amendment that purports to support messaging that implies it is illegal to leave England for certain purposes including leisure. It may be that the drafting is simply incomplete and/or erroneous.
One is certainly required to complete the form either before or in front of an officer who is authorised and requires it. The information is required to be true and one signs to confirm it is true. Implausible information without supporting documents, a letter inviting one to travel to a job interview from a prospective employer overseas or a letter from a UK employer/partner/sending one overseas should be accepted. It would be reasonable to take one’s family overseas to view the location where if successful one might relocate etc.
The Other.. box indicates that in the complete absence of any permitted exemptions or reasonable excuses a reasonable reason with if required supporting explanation should be accepted. There is a risk and if denied boarding you woulod need to seek compensation for all costs from the authroity head responsible.
I think the primary purpose is to simply frighten people to cancel their holidays and one might consider that this is part of the government’s apparent attempted destruction of travel, airlines and the travel industry. These are my lay opionions only - seek legal advice.
Extracts next post
Thanks to everyone for these really helpful replies.
I am as alarmed as everyone else at the authoritarian (yet at the same time, slapdash) way in which these rules are being suddenly imposed, with no debate or scrutiny, or indeed justification.
As some have said, it looks like filling in the form truthfully is enough, and the actual law does not seem to require evidence (although the guidance does). But the problem comes with enforcement. What if some jobsworth at the airport doesn't believe what is said on the face of the form and/or doesn't accept your evidence? In practice it would be impossible to have that decision reviewed/overturned by a court before your flight left, so the jobsworth would succeed in stopping you travelling even if their intervention was completely unjustified.
When will this madness end?
Relevant Extracts
Part 1 Introductory
Interpretation
2.—(1) In these Regulations— “embarkation point” means an international terminal or any other place in England from which a person may travel to a destination outside the United Kingdom;
Amendments in force 08/03/2021 to The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020
PART 3 Enforcement
Enforcement of restrictions and requirements
9.—(1) A relevant person may take such action as is necessary to enforce any Tier 1 restriction, Tier 2 restriction, Tier 3 restriction or Tier 4 restriction.
1A) Paragraph (1B) applies where a relevant person considers that—
(a)a person (“P”) is present at an embarkation point for the purpose of travelling from there to a destination outside the United Kingdom, and
(b)P is not exempt from the requirement to have a completed travel declaration form.
(1B) The relevant person may direct P—
(a)to produce the completed travel declaration form, or
(b)if P does not have a completed travel declaration form, to complete a declaration form.
(1C) Paragraph (1D) applies where—
(a)a relevant person considers that the requirement in paragraph 2A(1) of Schedule 3A applies in the case of a person (“P”) who is present at an embarkation point, and
(b)P fails to produce the completed travel declaration form in compliance with a direction given under paragraph (1B), and does not complete the declaration form when directed to do so by a relevant person.
(1D) The relevant person may direct P to return to the place where P is living, or to leave the embarkation point without leaving the United Kingdom.
(7) A relevant person may exercise a power under paragraph (1B), (1D), (2A), (2B) or (3), (5) or (6) only if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with a restriction referred to in paragraph (1C), (2A), (2B) or (3).
(8) A relevant person exercising a power under paragraph (1B), (1D),] (2A), (2B) or (3)], (5) or (6) may give the person concerned any reasonable instructions the relevant person considers to be necessary.
(9) For the purposes of this regulation—
(a)an individual has responsibility for a child if the individual—
(i)has custody or charge of the child for the time being, or
(ii)has parental responsibility for the child;
(b)“relevant person” means—
(i)a constable,
(ii)a police community support officer,
(iv)a person designated by the Secretary of State for the purposes of this regulation.
Offences and penalties
10.—(1A) A person who intentionally or recklessly provides false or misleading information on a travel declaration form commits an offence
SCHEDULE 3A Tier 4 restrictions
PART 1A Declaration on leaving the United Kingdom
Requirement for declaration on leaving the United Kingdom
2A.—(1) A person (“P”) who is present at an embarkation point for the purpose of travelling from there directly or indirectly to a destination outside the United Kingdom must have with them a completed travel declaration form.
(2) The travel declaration form referred to in sub-paragraph (1) must—
(a)include the following information—
(i)P’s full name,
(ii)P’s date of birth and nationality,
(iii)P’s passport number, or travel document reference number (as appropriate),
(iv)P’s home address,
(v)P’s destination,
(vi)the reason P is leaving or outside the place where P is living,
(vii)a statement that P certifies that the information P provides is true, and
(viii)the date on which the declaration is completed, and
(b)be in the form published by the Secretary of State.
(3) Where P is travelling with a relevant individual (“C”) for whom P has responsibility, P must also complete a travel declaration form containing the information referred to in sub-paragraph (2)(a), in the form required by sub-paragraph (2)(b), on behalf of C.
(4) The requirement in this paragraph does not apply—
(a)to a relevant individual,
(b)to any person referred to in Schedule 4A, or
(c)to any person who is travelling to a destination in the common travel area, provided that they are not travelling on to a final destination outside the common travel area.
(5) In this paragraph and paragraph 2B, “relevant individual” means—
(a)a child, or
(b)a person who lacks capacity (within the meaning of section 2 of the Mental Capacity Act 2005) to complete the form
PART 3 Tier 4 area
Every area of England, apart from the territorial waters adjacent to England and the airspace above England and those territorial waters, is within the Tier 4 area.
SCHEDULE 4A Persons exempt from the requirement to produce a completed travel declaration form on leaving the United Kingdom
1.—(1) A person (“P”) who is—
(a )a member of a diplomatic mission, consular post in the United Kingdom,
(d) a member of the official staff or employed by or a representative to an international organisation as an expert or on a mission,
(e) an international organisation,
(f)a representative at an international or United Kingdom conference …..
(i) a representative of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom,
(j)a representative of the government of a British overseas territory,
(k)a diplomatic courier or a consular courier,
(l)a member of the family of the above.
2.—(1) A Crown servant or government contractor where they are undertaking essential government work related to the United Kingdom border outside of the United Kingdom.
5.—(1) A transit passenger.
6.—(1) A road haulage worker or a road passenger transport worker.
7 -8.—(1) Seamen and masters and pilots, or inspectors and surveyors of ships where they are travelling from the United Kingdom in the course of their work
10.—(1) A member of aircraft crew where they are travelling from the United Kingdom in the course of their work or … for work purposes.
11. Civil aviation inspectors, where they are travelling from the United Kingdom … on inspection duties.
12.—(1) Any of the following who are travelling from the United Kingdom in the course of their work—
(a)drivers and crews on shuttle services and on services for the carriage of passengers or goods by way of the (Channel) tunnel system,
(b)operational, rail maintenance, safety and security workers working on the tunnel system,
(c)other workers carrying out essential roles for the safe or efficient operation of the tunnel system
13. A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 1984.
14. A person responsible for escorting a person sought for extradition…..
15. A representative of any territory who travelled to the United Kingdom in order to take into custody a person (under) the Extradition Act 2003.
16. A person who is being extradited or deported from the United Kingdom….
17.—(1) A specialist aerospace engineer, or a specialist aerospace worker, where they are travelling from the United Kingdom in the course of their work.
Just ask some entity at your destination generally.
Bonus points for getting it in a language they dont understand or even better, a different alphabet.
Plenty of people i know are on holiday in the sun with "work" letters.
Indeed. This scheme , like many recent schemes, is characterised by political brain farts. I strongly doubt it is even meant to be water-tight in the first place, a water-tight scheme of this nature needs a great deal of investment to operationalise (the word they use) properly. If it puts off any plebs, it has worked.The idea with these measures is that all added up, they might make a material difference to the overall degree of social movement and interaction and hence reduce spread. Any obstacle, no matter how small, may put off the timid, or at least some of them. The point being that the totality of social movement and interaction (unmeasurable as it is) is the driving factor behind the spread of covid19. So this is a sign that they are throwing everything but the kitchen sink at this to try to make it go away.
Just ask some entity at your destination generally.
Bonus points for getting it in a language they dont understand or even better, a different alphabet.
Plenty of people i know are on holiday in the sun with "work" letters.
Indeed. This scheme , like many recent schemes, is characterised by political brain farts. I strongly doubt it is even meant to be water-tight in the first place, a water-tight scheme of this nature needs a great deal of investment to operationalise (the word they use) properly. If it puts off any plebs, it has worked.The idea with these measures is that all added up, they might make a material difference to the overall degree of social movement and interaction and hence reduce spread. Any obstacle, no matter how small, may put off the timid, or at least some of them. The point being that the totality of social movement and interaction (unmeasurable as it is) is the driving factor behind the spread of covid19. So this is a sign that they are throwing everything but the kitchen sink at this to try to make it go away.
Brain farts ? yes probably. Throwing the kitchen sink at 'it' to make 'it go away ? I don't think so. If they have any semblance of competence, then their creating a mess that a GCSE law student could have done much better, beggars belief. Laws like this will drive yet another wedge between authority and the public - the real professionals will hate being expected to implement it; the jumped up jobsworths will enjoy their power trip.
The psy-ops creeps in SAGE who have dreamed this up want no-one going overseas and seeing how many other countries have far fewer restrictions and those that don't are having to deal with blowback.
Most people will have no problem with circumventing the regs; once one has left England, what one does is none of the government's business.
Covid 19 is not spreading; what makes you think that social interaction is 'the driving factor'?
Plenty of people i know are on holiday in the sun with "work" letters.
they are throwing everything but the kitchen sink at this to try to make it go away.
Laws like this will drive yet another wedge between authority and the public
My task now is merely to explain how it is, I think we see eye to eye on the risks they run.
England, what one does is none of the government's business.
Render unto Caesar the things that are Caesar's, and unto God the things that are God's. I'm sorry to tell you but we've let Godless people sell our England by the pound, and have for some generations. I truly hope, come summer, Brexiters can gather around and drag what we can away to try to save some of it from the Godless vandals. We have no other hope.
