The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

Day 8 tests: private provider requirements E+W

9.—(1) For the purposes of paragraph 8(1)(b)(iii), a private provider complies with this paragraph where—

(a) they comply with the requirements of paragraph 3(1)(a) and (e) to (h) of Schedule 10 as if any reference in those provisions to an appropriate test were a reference to a day 8 test;

(b) if the provider is a laboratory that conducts diagnostic test evaluation for testing in accordance with this Schedule, they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting;

(c) they have provided the Department of Health and Social Care with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service or to carry out genomic sequencing, indicating the nature of the service that each organisation is providing and kept that list updated as appropriate;

(d) in relation to a test which requires laboratory processing—

(i) the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples, and

(ii) the laboratory used by the test provider for the processing of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the processing of samples;

(e) in relation to a point of care test, they meet the relevant requirements for accreditation to ISO Standard 15189 and ISO standard 22870;

(f) they receive the information required by paragraph 10(3) or (4) (as appropriate), and if they administer the test to P, they do so no earlier than the end of the seventh day after the day on which P arrived in England;

(g) each day, they notify the Secretary of State in writing of—

(i) the number of tests they sold on that day, and

(ii) in relation to each test sold on that day—

(aa) the date of arrival in England of the person in respect of whom the test was sold, and

(bb) whether the person in respect of whom the test was sold is a category 1 arrival or not;

(h) if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i) paragraph 3(1)(e) to (i) of Schedule 10 as applied by paragraph (a) of this sub-paragraph,

(ii) paragraph (b) to (g) of this sub-paragraph,

(iii) paragraph 11(2), (3) and (4).

(2) For the purposes of sub-paragraph (1)(h), “single end-to-end testing service” has the meaning given in paragraph 3(2)(c) of Schedule 10.

(3) For the purposes of sub-paragraph (1)(d) and (e), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of regulation 6 of the Health Protection (Coronavirus, Testing Requirements and Standards) (England) Regulations 2020 as if—

(a) a reference to an applicable test were a reference to a day 8 test;

(b) a reference to a test provider were a reference to a private provider [F1 ;]

[F2 (c) in paragraph (1), as if the words from “and make a declaration” to “25th November 2020” were omitted.]

Textual Amendments

F1 Sch. 8 para. 9(3): semicolon substituted for full stop (29.6.2021) by virtue of The Health Protection (Coronavirus, Testing Requirements and Standards) (England) (Amendment) Regulations 2021 (S.I. 2021/682), regs. 1(1), 3(3)(a)

F2 Sch. 8 para. 9(3)(c) inserted (29.6.2021) by The Health Protection (Coronavirus, Testing Requirements and Standards) (England) (Amendment) Regulations 2021 (S.I. 2021/682), regs. 1(1), 3(3)(b)

Commencement Information

I1 Sch. 8 para. 9 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)