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SCHEDULES

Regulation 9A

[F1SCHEDULE 6AN.I.Workforce tests

Consequence of failure to undertake testN.I.

F21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequences of test resultsN.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), F3...

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(2) The Department may issue guidance, and amend or extend existing guidance, on the course of action to be followed in consequence of a test result.

(3) The power under sub-paragraph (2) is without prejudice to any other power of the Department to issue guidance in respect of coronavirus.]

(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.

F5(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties on employersN.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 ScheduleN.I.

F64.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F75.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .