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The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021

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Regulation 8

SCHEDULE 6N.I.Requirement to book and undertake tests (mandatory testing after arrival in Northern Ireland)

This Atodlen has no associated Memorandwm Esboniadol

InterpretationN.I.

1.—(1) In this Schedule—N.I.

“approved private provider” means a test provider that has been approved by [F1the Secretary of State for Health and Social Care] (see paragraph 12),

“approved private test” means a test provided by an approved private provider, where the test has been approved by [F1the Secretary of State for Health and Social Care] (see paragraph 12),

“default isolation period” means—

(a)

in the case of a [F2non-eligible non-red] list arrival [F3, or an eligible non-red list arrival], the period specified in regulation 10,

(b)

in the case of a red list arrival, the period specified in Schedule 7,

“mandatory test” means a day 2 test or a day 8 test within the meaning of regulation 8,

F4...

“public provider” means a test provider who provides or administers a test under the National Health Service Act 2006, the National Health Service (Wales) Act 2006, the National Health Service (Scotland) Act 1978 or the Health and Personal Social Services (Northern Ireland) Order 1972

“relevant isolation provisions” means—

(a)

in relation to [F5an eligible non-red] list arrival, regulations 10 to 13 F6...,

(b)

in relation to [F7a non-eligible non-red] list arrival, regulations 10 to 13

(c)

in relation to a red list arrival, regulation 14 and Schedule 7

[F8“the United Kingdom Health Security Agency” means the executive agency of that name of the Department of Health and Social Care;]

(2) Where this Schedule requires P to enter into or continue to isolate in accordance with the relevant isolation provisions Part 4 applies in relation to that requirement as it applies in relation to the relevant isolation provisions.

Textual Amendments

Requirement to isolate on failure to take a mandatory test (red list and [F9non-eligible non-red] list arrivals)N.I.

Textual Amendments

2.—(1) This paragraph applies in respect of—N.I.

(a)red list arrivals,

(b)[F10non-eligible non-red] list arrivals.

(2) This paragraph applies where—

(a)P fails to undertake a day 8 test, and

(b)either—

(i)P fails to undertake a day 2 test, or

(ii)P's day 2 test generates a negative or inconclusive result.

(3) [F11Subject to sub-paragraph (2)], P must continue to isolate in accordance with the relevant isolation provision until the end of the 14th day after the day on which they arrived in Northern Ireland.

(4) Where P undertakes a test to which paragraph 4(7)(b) applies and which generates—

(a)a positive result, paragraph 4(2) applies as if the test were a mandatory test,

(b)a negative result, paragraph 4(4) applies as if—

(i)P had taken both a day 2 test and a day 8 test, and

(ii)both tests had generated a negative result.

Textual Amendments

Requirement to isolate on failure to take a mandatory test ([F12eligible non-red] list arrivals)N.I.

Textual Amendments

3.—(1) This paragraph applies in respect of [F13eligible non-red] list arrivals.N.I.

(2) This paragraph applies where P fails to take a day 2 test [F14, including in a case where P fails to take the test because the test did not arrive].

(3) P must F15... remain in isolation in accordance with the relevant isolation provisions until the end of the 14th day after the day on which they arrived in Northern Ireland.

(4) But if P subsequently takes a test to which sub-paragraph (5) applies and which generates—

(a)a positive result, paragraph 5(2) applies as if the test were a mandatory test,

(b)a negative result, P is no longer required to isolate in accordance with the relevant isolation provisions.

(5) This sub-paragraph applies to a test which—

(a)complies with the requirements for a day 2 test specified in paragraph 6,

(b)is undertaken in the circumstances set out in paragraph 8 (other than the circumstances in paragraph 8(2) about when a test must be taken), and

(c)is undertaken within 10 days of the day on which P arrived in Northern Ireland.

Textual Amendments

Consequences of test results (red list and [F16non-eligible non-red] list arrivals)N.I.

Textual Amendments

4.—(1) This paragraph applies in respect of—N.I.

(a)red list arrivals,

(b)[F17non-eligible non-red] list arrivals.

(2) Where a mandatory test undertaken by P generates a positive result—

(a)P must continue to isolate, in accordance with the relevant isolation provisions, until the end of the 10th day after the day P undertook the test,

(b)P may not leave Northern Ireland during this time, and accordingly, regulation 11(4)(a) and paragraph 11(1)(a) of Schedule 7 do not apply.

(3) [F18Where a person (“B”) is isolating with P pursuant to the relevant isolation provisions, the requirement to isolate under sub-paragraph (2)(a) does not apply to B] where—

(a)the test referred to in sub-paragraph (2) is P's day 8 test, and

(b)B undertook a day 2 test that generated a positive result.

(4) Where P's day 2 test and day 8 test both generate a negative result, P must continue to isolate in accordance with the relevant isolation provisions until the later of—

(a)the end of the default isolation period,

(b)the day on which P receives the result of their day 8 test.

(5) Where a mandatory test undertaken by P generates an inconclusive result, P must continue to isolate in accordance with the relevant isolation provisions—

(a)until the end of the 10th day after the day P undertook the test,

(b)where P undertakes a test to which sub-paragraph (7) applies and the test generates a negative result, until the later of—

(i)the end of the default isolation period,

(ii)the day on which P receives the negative result, or

(c)where P undertakes a test to which sub-paragraph (7) applies and the test generates a positive result, until the end of the 10th day after the day P undertook the test.

(6) Where sub-paragraph (5)(c) applies, P is not required to undertake a day 8 test in accordance with regulation 8.

(7) This sub-paragraph applies to—

(a)a day 8 test,

(b)a test—

(i)complying with the requirements for a day 8 test specified in paragraph 7,

(ii)undertaken in the circumstances specified in paragraph 8 (other than the circumstances in paragraph 8(2) about when a test must be undertaken), and

(iii)undertaken during the period specified in sub-paragraph (5)(a).

Textual Amendments

Consequences of test results ([F19eligible non-red] list arrivals)N.I.

Textual Amendments

5.—(1) This paragraph applies in respect of [F20eligible non-red] list arrivals.N.I.

(2) Where a mandatory test undertaken by P generates a positive result—

(a)P must F21... remain in isolation, in accordance with the relevant isolation provisions, until the end of the 10th day after the day P undertook the test,

(b)P may not leave Northern Ireland during this time, and accordingly, regulation 11(4)(a) (as applied by paragraph 11) does not apply.

(3) Where a mandatory test undertaken by P generates a negative result, there are no consequences.

(4) Where a mandatory test undertaken by P generates an inconclusive result, P must F22... remain in isolation—

(a)until the end of the 10th day after the day P undertook the test, or

(b)where P undertakes a F23... test to which sub-paragraph (5) applies and the test generates a negative result, the day on which P receives the negative result.

[F24(4A) Where P has undertaken a mandatory test but P has not received the results of that test, P must remain in isolation—

(a)until the end of the 14th day after the day on which they arrived in Northern Ireland, or

(b)where P subsequently received the result of that test, or another test to which sub-paragraph (5) applies, and that test generates a negative result, the day on which P received the negative result.]

(5) This sub-paragraph applies to a test which—

(a)complies with the requirements for a day 2 test specified in paragraph 6,

(b)is undertaken in the circumstances set out in paragraph 8 (other than the circumstances in paragraph 8(2) about when a test must be taken), and

(c)is undertaken within 10 days of the day on which P arrived in Northern Ireland

Textual Amendments

[F25Day 2 tests: general test requirementsN.I.

Textual Amendments

6.  For the purposes of regulation 8(11), a day 2 test complies with this paragraph where—N.I.

(a)it is a test provided by a public provider, or

(b)it is an approved test provided by an approved private provider.]

Day 8 tests: general test requirementsN.I.

7.  For the purposes of regulation 8(11), a day 8 test complies with this paragraph where—N.I.

(a)it is a test provided by a public provider, or

(b)it is an approved test provided by an approved private provider.

Required circumstances for undertaking a day 2 test or a day 8 testN.I.

8.—(1) The circumstances mentioned in regulation 8(11) are as follows.N.I.

(2) In relation to—

(a)a day 2 test, P undertakes the test [F26in accordance with the manufacturer’s instructions for use] no later than the end of the second day after the day on which P arrived in Northern Ireland F27...,

(b)a day 8 test, P undertakes the test [F28in accordance with the manufacturer’s instructions for use] no earlier than the end of the seventh day after the day on which P arrived in Northern Ireland.

[F29(3) Subject to paragraph (4), at the time the test is booked P provides the test provider with the following information—

(a)notification that P is to undertake the test under these Regulations;

(b)the information set out in sub-paragraph (6), and

(c)P’s home address and where P is—

(i)an eligible non-red list arrival, the address or addresses where [F30they intend to self-isolate, or are self-isolating, in accordance with regulations 10 to 13 (if different from their home address)];

(ii)a non-eligible non-red list arrival, the address or addresses at which they intend to self-isolate, or are self-isolating, in accordance with regulations 10 to 13 (if different from their home address); or

(iii)a red list arrival, the address of the accommodation where they are complying with managed isolation in accordance with Schedule 7.

F31(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(4) Where P is a child, or a person with a disability who is unable for that reason to provide the notification and information set out in this paragraph to the test provider—

(a)the notification and information set out in this paragraph, other than the information in sub-paragraph (6)(j) and (k), is provided to the test provider on P's behalf by another person (Y), and

(b)either the information set out in sub-paragraph (6)(j) and (k) is provided by Y to the test provider or, where appropriate, Y provides their own email address and telephone number to the test provider.

(5) At the time F33... the test is booked, the test provider gives P a [F34separate test reference number in respect of each test to be provided to P] and, where appropriate also provides that test reference number to Y.

(6) That information is, in relation to P—

(a)name,

(b)sex,

(c)date of birth,

(d)NHS number (if known and applicable)

(e)ethnicity,

(f)date of arrival in the United Kingdom,

(g)coach number, flight number or vessel name (as appropriate),

(h)date on which P last departed or transited through [F35a] red list country,

(i)the country or territory P was travelling from when P arrived in the United Kingdom, and any country or territory P transited through as part of that journey,

(j)email address,

(k)telephone number,

(l)passport number, or travel document reference number (as appropriate).

Textual Amendments

Notification of test results (approved private providers)N.I.

9.—(1) This paragraph applies to an approved private provider who administers or provides a test F36... to P in the circumstances described in paragraph 8.N.I.

(2) The approved private provider must, within 24 hours of the result becoming available—

(a)notify P, or where paragraph 8(4) applies, Y, by email, letter or text message, of the result of P's test, or

(b)make P's test result available to P, or where paragraph 8(4) applies, to Y via a secure web portal,

in accordance with sub-paragraph (3).

(3) The notification of P's result must include P's name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the test provider and P's test reference number, and must be conveyed using one of the following forms of words, as appropriate—F37 F38F39F40F41F42F43F44F45F46

[F47(4) See also paragraph 7 of Schedule 8 and paragraph 3(1) of Schedule 10 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 for additional requirements imposed upon approved private providers in respect of notifications to the United Kingdom Health Security Agency arising out of tests.]

Textual Amendments

F37Sch. 6 para. 9(3) Form A: words “If you have travelled from an amber list country and are within the fully vaccinated traveller exempt category you are not required to quarantine or take a day 8 test” inserted after the words “If you took the test on day 8, you may stop isolating when you have completed your 10 day isolation period.” (19.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 2) Regulations (Northern Ireland) 2021 (S.R. 2021/213), regs. 1(1), 8(a)

F38Sch. 6 para. 9(3) Form B: words “, unless they are within the fully vaccinated traveller exempt category.” inserted after the words “People you are travelling (or have travelled) with must still take a day 8 test” (19.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 2) Regulations (Northern Ireland) 2021 (S.R. 2021/213), regs. 1(1), 8(b)

F39Sch. 6 para. 9(3) Form A heading: words “red list and non-eligible non-red list” substituted for words “red and amber list” (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 8(4)(h)(i) (with reg. 1(4))

F40Sch. 6 para. 9(3) Form A second paragraph: words “a non-red list country and meet the requirements to be an “eligible” arrival” substituted for words from “an amber” to “exempt category” (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 8(4)(h)(ii) (with reg. 1(4))

F41Sch. 6 para. 9(3) Form B heading: words “red list and non-eligible non-red list” substituted for words “red and amber list” (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 8(4)(h)(iii) (with reg. 1(4))

F42Sch. 6 para. 9(3) Form B fourth paragraph: words “meet the requirements to be “eligible” arrivals” substituted for words “are within the fully vaccinated traveller exempt category” (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 8(4)(h)(iv) (with reg. 1(4))

F43Sch. 6 para. 9(3) Form C heading: words “red list and non-eligible non-red list” substituted for words “red and amber list” (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 8(4)(h)(v) (with reg. 1(4))

Notification of test results (approved private providers):Lateral Flow Device testsN.I.

F489A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Charge for day 2 tests and day 8 testsN.I.

10.—(1) The Department or a person designated by the Department may impose a charge in respect of [F49any test provided in accordance with this Schedule] by a public provider.N.I.

(2) The Department—

(a)must publish details of the charges in such manner as the Department considers appropriate, and

(b)may recover any sum owed by a person in accordance to such a charge as a debt.

Textual Amendments

Modification of self-isolation provisions for [F50eligible non-red] list arrivals with a positive test resultN.I.

Textual Amendments

F5111.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Approval of private providers and private testsN.I.

[F5212.  The Secretary of State for Health and Social Care has published details of approved private providers and approved private tests at https://www.find-travel-test-provider.service.gov.uk/test-type/amber.]N.I.

Textual Amendments

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