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The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021

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There are currently no known outstanding effects for the The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021, PART 2. Help about Changes to Legislation

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PART 2N.I.Obligations on persons arriving in Northern Ireland and others

Provide informationN.I.

Requirement to provide informationN.I.

4.—(1) This regulation applies in respect of a person (P) who is—

(a)a red list arrival, [F1or]

[F2(aa)a non-red list arrival.]

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

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) P must provide the information set out in Schedule 3 (“passenger information”) on the Passenger Locator Form.

(3) Where P is an adult, P must provide the passenger information for any child for whom P has responsibility and with whom P is travelling.

(4) Where P is a child and is unaccompanied by an adult, then an adult who has responsibility for P must provide the passenger information on behalf of P.

[F5(5) The passenger information must be provided in the [F6three days] before arrival.]

(6) This regulation is satisfied where—

(a)P arrives in Northern Ireland from Scotland, Wales or England,

(b)a Passenger Locator Form in respect of P has been completed in accordance with an enactment in Scotland, Wales or England, and

(c)an address in Northern Ireland has been specified where P intends to isolate (in the case of a person who is required to isolate) or stay (in any other case).

[F7(6A) A person described in paragraph (1), (3) or (4) is treated as having complied with those paragraphs (as applicable) if they provide the specified passenger information on the Passenger Locator Form—

(a)in the case of a person arriving in Northern Ireland on a cruise ship, in the 21 days before they are required to provide the information, or

(b)in any other case, in the [F8three days] before they are required to provide the information.]

(7) Where the passenger information is provided in the [F9three days] before arrival, the person who has provided it must provide evidence that they have done so if requested by an immigration officer.

(8) If passenger information changes or becomes available in the 10 days after arrival in Northern Ireland, the person who has provided it must, as soon as practicable, take all reasonable steps to update the passenger information on the Passenger Locator Form.

(9) Nothing in this regulation requires a person to provide any information if that information is not within their possession or control.

Textual Amendments

Persons exempt from requirement to provide informationN.I.

5.  Schedule 4 sets out the persons who are exempt from regulation 4.

Negative test resultN.I.

Requirement to possess notification of negative test resultN.I.

6.—(1) This regulation applies in respect of a person (P) who is—

(a)a red list arrival, F10...

[F11(aa)a non-eligible non-red list arrival] [F12, F13...]

F14(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This regulation does not apply if P is aged under [F1712].

(3) P must possess on arrival a valid notification of a negative result from a qualifying test.

(4) Where P is an adult, P must possess on arrival a valid notification of a negative result from a qualifying test taken by any child aged [F1812] or over for whom P has responsibility and with whom P is travelling.

(5) A test is a qualifying test if it complies with paragraph 1 of Schedule 5.

(6) A person who possesses a valid notification of a negative test result from a qualifying test must produce that notification physically or digitally, if required to do so by an immigration officer.

(7) A notification of a negative result is [F19valid if—

(a)it is provided through the EU Digital [F20COVID] Certificate, or

(b)it includes the information specified in paragraph 3 of Schedule 5.]

(8) A child is to be treated as possessing valid notification of a negative test result from a qualifying test taken by that child even if that notification is possessed by a person who is travelling with, and has responsibility for, that child.

Textual Amendments

Persons exempt from requirement to possess notification of a negative test resultN.I.

7.  Schedule 4 sets out the persons who are exempt from regulation 6.

Book and undertake testsN.I.

Requirement to book and undertake testsN.I.

8.—(1) This regulation applies in respect of a person (P) who is—

(a)a red list arrival, [F21or]

[F22(aa)[F23a non-eligible non-red list arrival].]

F24(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)for P, and

(b)for a child aged 5 or older for whom P has responsibility and with whom P is travelling.

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

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

(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 aged 5 or older, 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 25), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer apply, undertake a test (“a replacement test”) complying with the requirements that apply to the test that was missed.

[F26(7A) Where a test generates an inconclusive result, P must, as soon as practicable after receiving the inconclusive result, undertake a test (“a replacement test”) complying with the requirements of the test which produced the inconclusive result.]

(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 6 makes further provision about day 2 and day 8 tests [F27(including [F28, for red list arrivals,] isolating on failure to undertake a test, or if a test generates a positive or inconclusive result)].

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

(11) In this regulation—

“day 2 test” means a test which complies with paragraph 6 of Schedule 6 and is undertaken in the circumstances described in paragraph 8 of that Schedule,

“day 8 test” means a test which complies with paragraph 7 of Schedule 6 and is undertaken in the circumstances described in paragraph 8 of that Schedule,

“testing package” means—

(a)

in respect of a red list arrival F29... 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,

(ab)

[F30in respect of a non-eligible non-red list arrival, a booking for a day 2 test]

(b)

F31...

Textual Amendments

Persons exempt from requirement to book and undertake testsN.I.

9.  Schedule 4 sets out the persons who are exempt from regulation 8.

[F32Workforce testsN.I.

Textual Amendments

Requirement to undertake workforce testsN.I.

9A.—[F33(1) This paragraph applies in respect of a person (P) who is—

(a)exempt, by virtue of one of the provisions of Part 2 of Schedule 4 set out in paragraph (2), from the requirement to book and undertake tests under regulation 8, and

(b)a non-eligible non-red list arrival.]

(2) Those provisions are—

(a)paragraph 14 (Crown servants (border work)),

(b)paragraph 15 (Crown servants (defence), armed forces, visiting forces),

(c)paragraph 17 (seamen and masters) other than seamen and masters of fishing vessels within the meaning of the Merchant Shipping Act 1995,

(d)paragraph 18 (pilots (maritime)),

(e)paragraph 19 (ship inspectors),

(f)paragraph 20 (air crew),

(g)paragraph 22 (road haulage workers),

(h)paragraph 34 (official repatriating a prisoner),

(i)paragraph 35 (official escorting extradition subject),

(j)paragraph 36 (foreign official collecting extradition subject),

(k)paragraph 42 (specialist aerospace engineer or worker),

(l)paragraph 49 (medical courier),

(m)paragraph 67 (seasonal agricultural worker) [F34,]

[F35(n)paragraph 73 (seasonal poultry worker).]

[F36(3) Subject to paragraphs (6) and (8), P must undertake a workforce test for day 2.]

(4) Where P does not undertake a workforce test as required by this regulation by reason of a reasonable excuse (see regulation 25A), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer apply, undertake a replacement workforce test.

(5) Where a replacement workforce test is undertaken instead of—

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

F37(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Subject to paragraph (8), for any period during which P is a recurring work traveller, paragraph (3) does not apply and instead P must undertake a workforce test—

(a)before the end of the second day after the day P first arrives in Northern Ireland during the period during which P is a recurring work traveller, or as soon as reasonably practicable during the time P is next in Northern Ireland after the end of the second day,

(b)subsequently, within each successive period of three days, beginning with the day after the day on which P undertook the previous workforce test.

(7) P is a “recurring work traveller” where—

(a)P is undertaking work that requires P to enter and leave Northern Ireland on a daily basis, or at intervals of no greater than two days, and is entering and leaving accordingly, and

(b)P is not a road haulage worker, within the meaning of paragraph 22 of Schedule 4.

(8) Paragraphs (3) and (6) do not apply where—

(a)P is a person described in any of the following paragraphs of Part 2 of Schedule 4—

(i)paragraph 17 (seamen and masters),

(ii)paragraph 18 (pilots (maritime)),

(iii)paragraph 19 (ship inspectors),

(iv)paragraph 20 (air crew),

(b)P meets the exempt (no access to passengers condition) set out in paragraph 8(1) and (3) of Part 1 of Schedule 4, and

(c)P—

(i)does not disembark from or leave the conveyance on which P travelled to Northern Ireland at any time when the conveyance is moored at a port in Northern Ireland or is otherwise stationary in Northern Ireland, or

(ii)travelled to Northern Ireland on the same conveyance on which they left Northern Ireland and did not disembark from or leave that conveyance at any time when it was moored at a port in a country outside the common travel area or was otherwise stationary in such a country.

(9) 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 for the detection of coronavirus which is provided or administered under the Health and Personal Social Services (Northern Ireland) Order 1972,

(c)“a workforce test for day 2” means a workforce test which is undertaken no later than the end of the second day after the day on which P arrived in Northern Ireland,

F39(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Schedule 6A (workforce tests) makes further provision about workforce tests (including the consequences of testing).]

Textual Amendments

Self-isolationN.I.

Requirement to self-isolateN.I.

F4110.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Limitations to, and exceptions from, requirement to self-isolateN.I.

F4111.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Place where a person must self-isolateN.I.

F4112.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Persons exempt from requirement to self-isolateN.I.

F4113.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Managed isolationN.I.

Requirement to comply with managed isolationN.I.

14.—(1) This regulation applies in respect of a person (P) who is a red list arrival.

(2) Schedule 7 sets out the requirement to comply with managed isolation, along with additional measures, applying in respect of P.

Persons exempt from the requirement to comply with managed isolationN.I.

15.  Schedule 4 sets out the persons who are exempt from regulation 14.

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