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SCHEDULES

Regulation 8

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

InterpretationN.I.

1.—(1) In this Schedule—N.I.

F1...

F2...

F3...

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

F4...

[F5private provider” means a test provider other than a public provider”,]

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 [F6an eligible non-red] list arrival, regulations 10 to 13 [F7, but as if the person was a non-eligible non-red list arrival] F8...,

(b)

in relation to [F9a non-eligible non-red] list arrival, regulations 10 to 13

(c)

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

[F10“the United Kingdom Health Security Agency” means the executive agency of that name of the Department of Health and Social Care;]

[F11(1A) For the purposes of this Schedule, —

(a)a LFD test is a test which satisfies the requirements of paragraph 7A(2) of Schedule 8 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (general requirements for lateral flow tests),

(b)a PCR test is a test which satisfies the requirements of paragraph 6(2) of Schedule 8 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (general requirements for polymerase chain reaction tests).]

(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 [F12non-eligible non-red] list arrivals)N.I.

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

(a)red list arrivals,

(b)[F13non-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) [F14Subject 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.

Requirement to isolate on failure to take a mandatory test ([F15eligible non-red] list arrivals)N.I.

3.—(1) This paragraph applies in respect of [F16eligible non-red] list arrivals.N.I.

(2) This paragraph applies where P fails to take a day 2 test [F17, including in a case where P fails to take the test because the test did not arrive].

(3) [F18P must enter into and 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.

Consequences of test results (red list and [F19non-eligible non-red] list arrivals)N.I.

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

(a)red list arrivals,

(b)[F20non-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) [F21Where 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 [F22the 10th day after the day on which P arrived in the common travel area],

(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 [F23the 10th day after the day on which P arrived in the common travel area],

(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).

Consequences of test results ([F24eligible non-red] list arrivals)N.I.

5.—(1) This paragraph applies in respect of [F25eligible non-red] list arrivals.N.I.

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

(a)[F26P must enter into and 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, [F27P must enter into and remain in isolation, in accordance with the relevant isolation provisions]

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

(b)where P undertakes a F28... test to which sub-paragraph (5) applies and the test generates a negative result, the day on which P receives the negative result.

[F29(4A) Where P has undertaken a mandatory test but P has not received the results of that test, [F30P must enter into and remain in isolation, in accordance with the relevant isolation provisions]

(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

[F31(6) Where P is obliged to enter into and remain in isolation under sub-paragraphs (4) or (4A), P may not leave Northern Ireland during this time, and accordingly, regulation 11(4)(a) (as applied by paragraph 11) does not apply.]

Textual Amendments

[F32Confirmatory PCR test for eligible non-red list arrivals following the original day 2 LFD testN.I.

5A.(1) This paragraph applies in respect of eligible non-red list arrivals who have undertaken a day 2 test which is a LFD test, and which has generated—N.I.

(a)a positive result, or

(b)an inconclusive result.

(2) Where the mandatory test has generated a positive result, P must undertake a confirmatory PCR test.

(3) Where the mandatory test has generated an inconclusive result, P may undertake a confirmatory PCR test.

(4) Where the confirmatory PCR test generates a negative result, P is no longer required to remain in isolation, and accordingly—

(a)paragraph 5(2) (in a case where the original result was positive),

(b)paragraph 5(4) (in a case where the original result was inconclusive),

cease to apply in respect of P.

(5) Where the confirmatory PCR test generates a positive result, P must remain in isolation in accordance with—

(a)paragraph 5(2) (in a case where the original result was positive),

(b)paragraph 5(4) (in a case where the original result was inconclusive),

(6) Where the confirmatory PCR test generates an inconclusive result, P must remain in isolation in accordance with—

(a)paragraph 5(2) (in a case where the original result was positive),

(b)paragraph 5(4) (in a case where the original result was inconclusive).]

[F33Day 2 tests: general requirementsN.I.

6.(1) 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—

(i)a public provider, or

(ii)a private provider, and

(b)it is a PCR test, or in the case of an eligible non-red list arrival, a LFD test.

(2) Where a LFD test may only be provided by a private provider, sub-paragraph (1) is not satisfied unless the requirements of paragraph 7B of Schedule 8 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (private provider requirements for LFD tests) have been complied with.

(3) Where a PCR test has been provided by a private provider, sub-paragraph (1) is not satisfied unless the requirements of paragraph 7 of Schedule 8 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (private provider requirements for PCR tests) have been complied with.]

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 [F34a test provided by a 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 [F35in 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 F36...,

(b)a day 8 test, P undertakes the test [F37in 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.

[F38(3) Subject to [F39sub-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 [F40[F41they intend to stay during the period of 10 days beginning on the day after the date of their arrival in the United Kingdom] (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.

F42(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F44(3C) Subject to subparagraph (4), where—

(a)P’s day 2 test is a LFD test, and

(b)the test has not been administered—

(i)by the test provider, or

(ii)at a site operated for the purpose of administering such tests by or on behalf of the test provider,

P provides the test provider with the information set out sub-paragraph (3D) within 15 minutes of the test’s read time as determined by the manufacturer’s instructions for use.

(3D) The information to be provided where a day 2 LFD test is undertaken in the circumstances of the test’s read time as described in sub-paragraph (3C) is—

(a)a single photograph clearly showing—

(i)the test device in such a way that it is identifiable as having been provided by the test provider,

(ii)the test reference number given in accordance with paragraph 8(5), and

(iii)the test result, and

(b)the address at which P is able to receive a confirmatory PCR test.]

(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 F45... the test is booked, the test provider gives P a [F46separate 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 [F47a] 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

[F48Notification of test results: PCR tests]N.I.

9.—(1) This paragraph applies to [F49a private provider] who administers or provides a test [F50, other than a day 2 LFD test,] to P in the circumstances described in paragraph 8.N.I.

(2) The F51... 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—F52 F53F54F55F56F57F58F59F60F61

[F62(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

F52Sch. 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)

F53Sch. 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)

F54Sch. 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))

F55Sch. 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))

F56Sch. 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))

F57Sch. 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))

F58Sch. 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))

[F63Notification of test results: lateral flow device testsN.I.

9A.(1) This paragraph applies to a private provider who administers or provides a day 2 LFD test to P in the circumstances described in paragraph 8.N.I.

(2) The private provider must, within 24 hours of the relevant event—

(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 (4).

(3) In sub-paragraph (2), “relevant event” means—

(a)where the test provider administered the test, the time at which the test provider determined the results of the test,

(b)where the test provider did not administer the test, the time at which the test provider received the information required to be provided by paragraph 8(3C).

(4) The notification of P’s test 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—

Form A: negative LFD test result

Your coronavirus (COVID-19) test result is negative. You did not have the virus when the test was done.

You are not required to quarantine.

You should self-isolate again if you get symptoms of coronavirus (COVID-19) – get an NHS coronavirus (COVID-19) test from www.gov.uk/get-coronavirus-test and self-isolate until you get the results.

For advice on when you might need to self-isolate and what to do, go to www.nhs.uk/conditions/coronavirus-covid-19 and read ‘Self-isolation and treating symptoms’.

Form B: positive LFD test result

Your coronavirus test result is positive. This means that you probably have the virus.

Even if you have not had symptoms of coronavirus, you must now self-isolate for 10 days from the day after your test date.

You must obtain, take and return a free follow up PCR test from NHS Test and Trace to confirm this. You can obtain your confirmatory PCR test by visiting gov.uk/get-coronavirus-test or by calling 119. This test will be free of charge and will be sent to you as a home test kit. You must take this test in accordance with this notice. If this confirmatory test is negative, you no longer need to self-isolate.

You may be contacted for contact tracing and to check that you, and those who you live or are travelling with, are self-isolating.

You must not travel, including to leave the UK, during self-isolation.

Contact 111 if you need medical help. In an emergency dial 999.

Form C: unclear LFD test result

Your coronavirus test result is unclear. It is not possible to say if you had the virus when the test was done.

You must self-isolate for 10 days from the day after your test date.

You may choose to take another test, and if it comes back with a negative result, you no longer need to self-isolate. You may be contacted to check that you are self-isolating.]

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 [F64any 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.

[F65Modification of self-isolation provisions for eligible non-red list arrivals with a positive testN.I.

11.(1) This paragraph applies where an eligible non-red list arrival (P) is obliged, under paragraph 3(3), paragraph 5(2), (4) or (4A) to enter into and remain in self-isolation.N.I.

(2) Regulations 10 to 13 apply to P as they apply to non-eligible non-red list arrivals, with the modification that regulation 10(3) applies as if it required P to travel directly to the place where they are to self-isolate without specifying the period for which they must self-isolate.]

[F66Private providersN.I.

12.  The Secretary of State for Health and Social Care has published details of private providers at https://www.gov.uk/government/publications/list-of-private-providers-of-coronavirus-testing/list-of-private-providers-of-coronavirus-testing]N.I.