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

Regulation 9A

[F1 SCHEDULE 6A N.I. Workforce tests

Textual Amendments

F1 Sch. 6A inserted (2.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 4) Regulations (Northern Ireland) 2021 (S.R. 2021/225), regs. 1(2), 5(2) (with reg. 11)

Consequence of failure to undertake test N.I.

1.— (1) This paragraph applies where P fails to undertake a workforce test as required by regulation 9A.

(2) P must enter into and remain in self-isolation from others, in accordance with paragraphs 4 and 5, until the earlier of—

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

(b) the time P obtains a negative result from a workforce test.

(3) P must comply with any applicable obligations in regulation 9A(3) during any period that P is required to self-isolate in accordance with paragraph (2).

Consequences of test results N.I.

2.— (1) Where a workforce test undertaken by P generates a positive result—

(a) P must as soon as reasonably practicable undertake a further test which complies with the requirements for a day 2 test specified in paragraph 6 of Schedule 6 (requirement to book and undertake tests), in the circumstances specified in paragraph 8 of that Schedule (other than the circumstances in paragraph 8(2) about when a test must be undertaken), and

(b) P must enter into and remain in self-isolation from others in accordance with paragraphs 4 and 5 of this Schedule until the end of the 10th day after the day P undertook the workforce test.

(2) Where sub-paragraph (1) applies—

(a) if the test undertaken by P was a workforce test for day 2, P is not required to undertake a workforce test for day 5 or day 8,

(b) if the test undertaken by P was a workforce test for day 5, P is not required to undertake a workforce test for day 8.

(3) Where the further test undertaken in accordance with sub-paragraph (1)(a) generates a negative result, P is no longer required to remain in self-isolation.

(4) Where a workforce test undertaken by P generates an inconclusive result, P must as soon as reasonably practicable undertake a further workforce test, and that further workforce test is to be treated as a replacement workforce test within the meaning of regulation 9A.

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

Duties on employers N.I.

3.— (1) An employer with more than 50 employees who is the employer of any person who is required to undertake workforce tests or has responsibility for any agency worker who is required to undertake workforce tests, must take reasonable steps to facilitate the taking of those tests by that person or agency worker in accordance with these Regulations.

(2) In the discharge of the duty under sub-paragraph (1), an employer must have regard to any guidance issued by the Department for the purposes of this paragraph.

(3) In sub-paragraph (1) an employer has responsibility for an agency worker if—

(a) the agency worker is supplied or to be supplied by a person (an “agent”) to the employer under a contract or other arrangements made between the agent and the employer, and

(b) the agency worker is not—

(i) a worker because of the absence of a worker’s contract between the agency worker and the agent or the employer, or

(ii) a party to a contract under which the agency worker undertakes to do the work for another party to a contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the agency worker.

Place where a person must self-isolate under this Schedule N.I.

4.— (1) This paragraph sets out the place where P must self-isolate.

(2) P must self-isolate at—

(a) their home,

(b) the home of a friend or family member, or

(c) a hotel, hostel, bed and breakfast accommodation or other suitable place.

(3) Where it is not possible for P to self-isolate in accordance with sub-paragraph (2), P must self-isolate in accommodation facilitated by the United Kingdom Government for the purposes of P’s self-isolation.

(4) The place referred to this in paragraph includes the premises where P is self-isolating together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of the premises.

Limitations to, and exceptions from, requirement to self-isolate under this Schedule N.I.

5.— (1) This paragraph sets out the limitations to, and exceptions from, the requirement to self-isolate.

(2) The following provisions of regulation 11 apply to self-isolation under this Schedule as they apply to self-isolation under regulations 10 to 13—

(a) paragraph (2)(a) to (d),

(b) paragraph (3),

(c) in paragraph (4), sub-paragraphs (b) to (f), and (h) to (l).

(4) P is also permitted to leave the place of self-isolation where necessary to undertake a workplace test.]