3C.—(1) This regulation applies to a person (“P”), specified in regulation 3AA(3).
(2) Subject to paragraph (7), P must undertake a workforce test for day 2, day 5 and day 8 in accordance with paragraph (6) in relation to each category of test.
(3) Where P does not undertake a workforce test as required by this regulation by reason of a reasonable excuse (see regulation 6(1D)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement workforce test.
(4) Where a replacement workforce test is undertaken instead of—
(a)a workforce test to be undertaken for day 2, P is to be treated as if they had undertaken a workforce test on day 2 in accordance with this regulation;
(b)a workforce test to be undertaken for day 5, P is to be treated as if they had undertaken a workforce test on day 5 in accordance with this regulation;
(c)a workforce test to be undertaken for day 8, P is to be treated as if they had undertaken a workforce test on day 8 in accordance with this regulation.
(5) Schedule 2D makes further provision about workforce tests (including the consequences of testing).
(6) In these Regulations—
(a)“a replacement workforce test” means a workforce test complying with the requirements that apply to the workforce test that was missed;
(b)“a workforce test” means a test which is provided or administered under the National Health Service Act 2006;
(c)“a workforce test undertaken for day 2” means a test which is undertaken no later than the end of the second day after the day on which P arrived in England;
(d)“a workforce test undertaken for day 5” means a workforce test which—
(i)is undertaken after a workforce test for day 2,
(ii)is undertaken no earlier than the end of the second day after the day on which P arrived in England, and
(iii)is undertaken before the end of the fifth day after the day on which P arrived in England;
(e)“a workforce test undertaken for day 8” means a workforce test which—
(i)is undertaken after a workforce test undertaken for day 5,
(ii)is undertaken no earlier than the end of the fourth day after the day on which P arrived in England, and
(iii)is undertaken before the end of the eighth day after the day on which P arrived in England.
(7) For any period during which P is a recurring work traveller, paragraph (2) does not apply and paragraph (9) applies to P instead.
(8) P is a “recurring work traveller” where—
(a)P is undertaking work that requires P to enter and leave England on a daily basis, or at intervals of no greater than two days, and is entering and leaving accordingly; and
(b)P does not fall within the description in paragraph 6 of Schedule 2 (road haulage workers).
(9) Where this paragraph applies, P must undertake a workforce test—
(a)on or before the end of the second day after the day P first arrives in England during the period during which P is a recurring work traveller or as soon as reasonably practicable during the time P is next in England after the end of the second day; and
(b)subsequently, within each successive period of three days, beginning with the day after the day on which P took the previous workforce test.]
Textual Amendments
F1Regs. 3C, 3D inserted (6.4.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/442), regs. 1(2), 5 (with reg. 13)