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Tier 4 travel: Full legal wording now published, in force from 7am Sunday

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The Government has published the Statutory Instrument which pushed the Tier 4 regulations into UK law at 7am on Sunday.

The full legal text is here. As usual, you should ignore anything said by any Government representative yesterday and focus purely on what is written.

Tier 4 travel: Full legal wording now published

It is as I expected, because it is the same structure as used in November. There is no ban on travel per se for anyone living in Tier 4. There IS a ban on leaving your house, however, and so travelling the airport would be in breach of this unless it meets one of the exceptions.

As usual, you are allowed to travel abroad if you are planning to visit an estate agent or show home or view a residential property for sale or rent.

Unless you are planning to look at houses whilst away, you should have left your home in Tier 4 before 7am this morning.

Hotels in Tier 4 areas are allowed to remain open if they wish. Guests must be travelling for work or for one of the other reasons stated, such as moving house or to attend a medical appointment.

The regulations do not discuss travelling to/from Tier 4 areas to fly from Heathrow, Luton or London City (which are in Tier 4) but this is presumably covered in the earlier legislation to which this is an amendment. Gatwick is not in Tier 4.

Comments (223)

This article is closed to new comments. Feel free to ask your question in the HfP forums.

  • Kym says:

    Can you go abroad to see your child and grandchildren whom you haven’t seen for over 12 months and it is impacting severely on yours and their mental health?

    • Rob says:

      No.

      However, you should bear in mind that the fine is only £200 for a first offence. This is a fixed penalty – it is not possible for anything worse to happen.

      • Garet says:

        If they fine you for trying to go abroad , can they stop you as well

        • Lol says:

          My understanding is that the police can stop you if you are travelling and if they think your reason is not reasonable they can direct you to return home.

      • BEN says:

        Is this correct? One of the exemptions is to escape harm or illness, which presumable includes mental illness i.e. depression?

        • Rob says:

          The legal document is the legal document. You are free to interpret it your way. A court is free to interpret it in potentially a different way. The court is always correct in these circumstances (pending appeals etc).

  • adam says:

    so traveling from tier 4 80 miles on a train and bus into another tier 4 for work is totally ok even if you living with mother over 80 high risk

  • Dave says:

    So if you are in a tier 4 area, and the reason for international travel is based on work (a job interview over in that country whereby there are no current restrictions of entry there either) would that suffice as a reason valid to be allowed to get on the flight? Or could they tell me to go home because I don’t yet have the work visa in place? BOTTOM LINE QUESTION –> Is there a formal process of requesting permission to fly abroad if you are in a tier 4 area?

    • Rob says:

      No formal process. What would happen is that you would get the £200 fine, if caught, and would then appeal it showing proof of why you were travelling (assuming you cannot show it at the time).

      Unlikely anyway as there are no police at Heathrow.

  • Angus says:

    If you are living in a Tier 3 area (recently tier 3) can you go abroad? If you need to travel through Tier 4 is that also ok?
    Working out whether it’s just advised against or could potentially get a fine.

    • Rob says:

      Yes, you can travel if you live in Tier 3 and you are allowed to travel to a Tier 4 airport to do so.

  • Adam Courtney says:

    At what stage of the airport process could you theoretically be questioned as to a) your reason for travelling and b) whether you live in a tier 4 area?

    Has this actually been happening at all at LHR?

    • Rob says:

      No.

      It won’t happen at the airport. Neither BA or the airport care or have any legal liability. Only the police can stop you, and indeed all they can do is issue a £200 fine.

  • Ellen says:

    Hi I think I know the answer to this, but I have a flight booked to Corfu on 2 Jan to visit my mother (UK national who is resident there). We haven’t seen each other for over 12 months. We have just entered tier 4. Am I permitted to fly under these circumstances? thanks

    • Rob says:

      You are permitted to fly, you are not permitted to leave home. You only risk a £200 fine if caught driving to the airport though.

  • Kay says:

    Hi there. If I’m supposed to be attending a wedding overseas next week, am I permitted to travel? Reading the legal documentation, schedule 3A, part 2, section 6, this seems to suggest that I am permitted to leave home for this reason and this is an allowable exception in tier 4. Have I read this wrong? Thank you.

  • Andy Robertson says:

    We live in South Africa for part of the year and returned to the UK in December. Our intention was to return to South Africa in January, partly because my wife had a major cancer operation in March and needs to return for a further appointment with the consultant who carried out in the operation. I understand that the offence under Tier 4 is leaving home without good reason. Would returning to South Africa to see the cancer consultant be a reasonable excuse for leaving home?

    • Rob says:

      I doubt you give a monkeys about the £200 fine you’d get for being caught in such circumstances.

This article is closed to new comments. Feel free to ask your question in the HfP forums.

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