The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 11) Regulations 2021

Insertion of new Schedule 2D

11.  After Schedule 2C insert—

Regulation 2C

“Schedule 2D Workforce tests after arrival in England

Interpretation of Schedule 2D

1.   In this Schedule—

“P” means a person required to undertake workforce tests under regulation 3C (requirement to undertake workforce tests);

“the Self-Isolation Regulations” means the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020(1);

“workforce test” means any of the categories of workforce test described in regulation 3C(6).

Requirement after failure to undertake test

2.— (1) Sub-paragraph (2) applies where P fails to undertake a workforce test that P is required by regulation 3C to undertake.

(2) Where this sub-paragraph applies, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the earlier of—

(a) the end of the 14th day after the day on which they arrived in England; or

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

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

(4) Where P is required to self-isolate in accordance with paragraph (2), regulation 2(2) of the Self-Isolation Regulations (meaning of self-isolate) applies as if it also permitted P to leave the place of self-isolation where necessary to undertake a workplace test.

Consequences of test results

3.— (1) Where a workforce test undertaken by P in accordance with regulation 3C 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 2C, in the circumstances specified in paragraph 10 of that Schedule (other than the circumstances in paragraph 10(2) about when a test must be undertaken);

(b) P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the end of the 10th day after the day P undertook the test.

(2) Where a workforce test undertaken by P in accordance with regulation 3C generates a positive result—

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

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

(3) Where a further test undertaken in accordance with paragraph (1)(a) generates a negative result, this paragraph applies to P from the time P is notified of that negative result as if the workforce test undertaken by P in accordance with regulation 3C had generated a negative result (and accordingly, from that time, P is no longer required to self-isolate).

(4) Paragraph 11(4) and (5) (notification of test results) of Schedule 2C (mandatory testing after arrival in England) applies in relation to a further test undertaken pursuant to paragraph (1)(a) as it applies to a test provider in relation to a test provided under Schedule 2C.

(5) Where a workforce test undertaken by P in accordance with regulation 3C 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 3C(4) (requirement to undertake workforce tests).

Duties on employers

4.— (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 Secretary of State for the purposes of this paragraph.

(3) In 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.”.

(1)

S.I. 2020/1045, amended by S.I. 2020/1045, 1518 and 1375 and S.I. 2021/97.