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The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021

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Insertion of regulation 3BE+W

This section has no associated Explanatory Memorandum

5.  After regulation 3A (requirement to possess notification of negative test result) insert—

Requirement to book and undertake tests

3B.(1) This regulation applies to a person (“P”) who—

(a)is required to self-isolate under regulation 4 (requirement to self-isolate) or Schedule B1A (additional measures), or

(b)subject to paragraph 13 (exclusion for certain diplomatic etc. personnel) of Schedule 2C, is not required to self-isolate under regulation 4 only by virtue of any of the following provisions of Schedule 2—

(i)paragraph 13(1)(c) (persons returning to facilitate diplomatic mission etc.);

(ii)paragraphs 17 to 27 (essential infrastructure etc. personnel);

(iii)paragraphs 31 to 34 (medical etc. personnel);

(iv)paragraphs 35 to 36 (telecoms etc. personnel).

(2) Where P is an adult, P must on their arrival in England possess a testing package—

(a)for themselves, and

(b)for any child age 5 or older with whom they are travelling and for whom they have responsibility.

(3) Where P is an adult who arrives in England without possessing a testing package required under paragraph (2), P must as soon as practicable obtain such a testing package.

(4) Where P is a child age 5 or older and who is unaccompanied by an adult who has responsibility for P, an adult with responsibility for P must obtain a testing package as soon as practicable after P arrives in England.

(5) Subject to paragraph (6), where P—

(a)is an adult, they must undertake the tests in accordance with their testing package;

(b)is a child, an adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the tests in accordance with the testing package.

(6) Where P's day 2 test generates a positive result, P is not required to undertake a day 8 test.

(7) Where P does not undertake a test as required by this regulation by reason of a reasonable excuse (see regulation 6(1C)(b)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a test (“a replacement test”) complying with the requirements that apply to the test that was missed.

(8) Where a replacement test is undertaken instead of—

(a)a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation;

(b)a day 8 test, P is to be treated as if they had undertaken a day 8 test in accordance with this regulation.

(9) Schedule 2C makes further provision about day 2 and day 8 tests (including the consequences of testing).

(10) A person who possesses a testing package must provide evidence of it if requested by an immigration officer.

(11) In this regulation—

(a)day 2 test” means a test which complies with paragraph 6 of Schedule 2C and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(b)day 8 test” means a test which complies with paragraph 8 of Schedule 2C and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(c)testing package” means a booking for a day 2 test and a day 8 test where both tests are provided, or arranged to be provided, by the same test provider..

Commencement Information

I1Reg. 5 in force at 15.2.2021 at 4.00 a.m., see reg. 1(1)

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