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

[F1 Requirement to undertake workforce tests N.I.

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

(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) [F2 ,]

[F3 (n) paragraph 73 (seasonal poultry worker).]

(3) Subject to paragraphs (6) and (8)—

(a) where P is [F4 an eligible non-red] list arrival, P must undertake a workforce test for day 2,

(b) in all other cases, P must undertake a workforce test for day 2, day 5 and day 8.

(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,

(b) a workforce test for day 5, P is to be treated as if P had undertaken a workforce test for day 5 in accordance with this regulation,

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

(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,

(d) “a workforce test for day 5” means a workforce test which is undertaken—

(i) after a workforce test for day 2,

(ii) no earlier than the end of the second day after the day on which P arrived in Northern Ireland, and

(iii) before the end of the fifth day after the day on which P arrived in Northern Ireland.

(e) “a workforce test for day 8” means a workforce test which is undertaken—

(i) after a workforce test for day 5,

(ii) no earlier than the end of the fourth day after the day on which P arrived in Northern Ireland, and

(iii) before the end of the eighth day after the day on which P arrived in Northern Ireland.

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

Textual Amendments

F1 Reg. 9A and cross-heading inserted (2.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 4) Regulations (Northern Ireland) 2021 (S.R. 2021/225), regs. 1(2), 5(1) (with reg. 11)

F2 Reg. 9A(2)(m): comma substituted for full stop (15.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (2021 Consolidation) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/284), regs. 1(2), 3(a) (with reg. 1(3))

F3 Reg. 9A(2)(n) inserted (15.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (2021 Consolidation) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/284), regs. 1(2), 3(b) (with reg. 1(3))

F4 Words in reg. 9A(3)(a) substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 7) Regulations (Northern Ireland) 2021 (S.R. 2021/278), regs. 1(2), 9 (with reg. 1(4))