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

Regulation 8

SCHEDULE 6 N.I. Requirement to book and undertake tests (mandatory testing after arrival in Northern Ireland)

Interpretation N.I.

1.—(1) In this Schedule— N.I.

“approved private provider” means a test provider that has been approved by [F1 the Secretary of State for Health and Social Care] (see paragraph 12),

“approved private test” means a test provided by an approved private provider, where the test has been approved by [F1 the Secretary of State for Health and Social Care] (see paragraph 12),

“default isolation period” means—

(a)

in the case of a green or amber list arrival, the period specified in regulation 10,

(b)

in the case of a red list arrival, the period specified in Schedule 7,

“mandatory test” means a day 2 test or a day 8 test within the meaning of regulation 8,

F2 ...

“public provider” means a test provider who provides or administers a test under the National Health Service Act 2006, the National Health Service (Wales) Act 2006, the National Health Service (Scotland) Act 1978 or the Health and Personal Social Services (Northern Ireland) Order 1972

“relevant isolation provisions” means—

(a)

in relation to a green list arrival, regulations 10 to 13, as modified by paragraph 11,

(b)

in relation to an amber list arrival, regulations 10 to 13

(c)

in relation to a red list arrival, regulation 14 and Schedule 7

[F3 “the United Kingdom Health Security Agency” means the executive agency of that name of the Department of Health and Social Care;]

(2) Where this Schedule requires P to enter into or continue to isolate in accordance with the relevant isolation provisions Part 4 applies in relation to that requirement as it applies in relation to the relevant isolation provisions.

Textual Amendments

F1 Words in Sch. 6 para. 1(1) substituted (30.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (2021 Consolidation) (Amendment No. 6) Regulations (Northern Ireland) 2021 (S.R. 2021/241), regs. 1(1), 7(1)

F2 Words in Sch. 6 para. 1(1) omitted (1.10.2021) by virtue of The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 6) Regulations (Northern Ireland) 2021 (S.R. 2021/262), regs. 1(3), 9(a)(i)

F3 Words in Sch. 6 para. 1(1) inserted (1.10.2021) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 6) Regulations (Northern Ireland) 2021 (S.R. 2021/262), regs. 1(3), 9(a)(ii)

Requirement to isolate on failure to take a mandatory test (red list and amber list arrivals) N.I.

2.—(1) This paragraph applies in respect of— N.I.

(a) red list arrivals,

(b) amber list arrivals.

(2) This paragraph applies where—

(a) P fails to undertake a day 8 test, and

(b) either—

(i) P fails to undertake a day 2 test, or

(ii) P's day 2 test generates a negative or inconclusive result.

(3) [F4 Subject to sub-paragraph (2)], P must continue to isolate in accordance with the relevant isolation provision until the end of the 14th day after the day on which they arrived in Northern Ireland.

(4) Where P undertakes a test to which paragraph 4(7)(b) applies and which generates—

(a) a positive result, paragraph 4(2) applies as if the test were a mandatory test,

(b) a negative result, paragraph 4(4) applies as if—

(i) P had taken both a day 2 test and a day 8 test, and

(ii) both tests had generated a negative result.

Textual Amendments

F4 Words in Sch. 6 para. 2(3) substituted (1.10.2021) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 6) Regulations (Northern Ireland) 2021 (S.R. 2021/262), regs. 1(3), 9(b)

Requirement to isolate on failure to take a mandatory test (green list arrivals) N.I.

3.—(1) This paragraph applies in respect of green list arrivals. N.I.

(2) This paragraph applies where P fails to take a day 2 test.

(3) P must enter into and remain in isolation in accordance with the relevant isolation provisions until the end of the 14th day after the day on which they arrived in Northern Ireland.

(4) But if P subsequently takes a test to which sub-paragraph (5) applies and which generates—

(a) a positive result, paragraph 5(2) applies as if the test were a mandatory test,

(b) a negative result, P is no longer required to isolate in accordance with the relevant isolation provisions.

(5) This sub-paragraph applies to a test which—

(a) complies with the requirements for a day 2 test specified in paragraph 6,

(b) is undertaken in the circumstances set out in paragraph 8 (other than the circumstances in paragraph 8(2) about when a test must be taken), and

(c) is undertaken within 10 days of the day on which P arrived in Northern Ireland.

Consequences of test results (red list and amber list arrivals) N.I.

4.—(1) This paragraph applies in respect of— N.I.

(a) red list arrivals,

(b) amber list arrivals.

(2) Where a mandatory test undertaken by P generates a positive result—

(a) P must continue to isolate, in accordance with the relevant isolation provisions, until the end of the 10th day after the day P undertook the test,

(b) P may not leave Northern Ireland during this time, and accordingly, regulation 11(4)(a) and paragraph 11(1)(a) of Schedule 7 do not apply.

(3) [F5 Where a person (“B”) is isolating with P pursuant to the relevant isolation provisions, the requirement to isolate under sub-paragraph (2)(a) does not apply to B] where—

(a) the test referred to in sub-paragraph (2) is P's day 8 test, and

(b) B undertook a day 2 test that generated a positive result.

(4) Where P's day 2 test and day 8 test both generate a negative result, P must continue to isolate in accordance with the relevant isolation provisions until the later of—

(a) the end of the default isolation period,

(b) the day on which P receives the result of their day 8 test.

(5) Where a mandatory test undertaken by P generates an inconclusive result, P must continue to isolate in accordance with the relevant isolation provisions—

(a) until the end of the 10th day after the day P undertook the test,

(b) where P undertakes a test to which sub-paragraph (7) applies and the test generates a negative result, until the later of—

(i) the end of the default isolation period,

(ii) the day on which P receives the negative result, or

(c) where P undertakes a test to which sub-paragraph (7) applies and the test generates a positive result, until the end of the 10th day after the day P undertook the test.

(6) Where sub-paragraph (5)(c) applies, P is not required to undertake a day 8 test in accordance with regulation 8.

(7) This sub-paragraph applies to—

(a) a day 8 test,

(b) a test—

(i) complying with the requirements for a day 8 test specified in paragraph 7,

(ii) undertaken in the circumstances specified in paragraph 8 (other than the circumstances in paragraph 8(2) about when a test must be undertaken), and

(iii) undertaken during the period specified in sub-paragraph (5)(a).

Textual Amendments

F5 Words in Sch. 6 para. 4(3) substituted (30.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (2021 Consolidation) (Amendment No. 6) Regulations (Northern Ireland) 2021 (S.R. 2021/241), regs. 1(1), 7(2)

Consequences of test results (green list arrivals) N.I.

5.—(1) This paragraph applies in respect of green list arrivals. N.I.

(2) Where a mandatory test undertaken by P generates a positive result—

(a) P must enter into and remain in isolation, in accordance with the relevant isolation provisions, until the end of the 10th day after the day P undertook the test,

(b) P may not leave Northern Ireland during this time, and accordingly, regulation 11(4)(a) (as applied by paragraph 11) does not apply.

(3) Where a mandatory test undertaken by P generates a negative result, there are no consequences.

(4) Where a mandatory test undertaken by P generates an inconclusive result, P must enter into and remain in isolation—

(a) until the end of the 10th day after the day P undertook the test, or

(b) where P undertakes a test to which sub-paragraph (5) applies and the test generates a negative result, the day on which P receives the negative result.

(5) This sub-paragraph applies to a test which—

(a) complies with the requirements for a day 2 test specified in paragraph 6,

(b) is undertaken in the circumstances set out in paragraph 8 (other than the circumstances in paragraph 8(2) about when a test must be taken), and

(c) is undertaken within 10 days of the day on which P arrived in Northern Ireland

Day 2 tests: general test requirements N.I.

6.  For the purposes of regulation 8(11), a day 2 test complies with this paragraph where— N.I.

(a) it is a test provided by a public provider, or

(b) it is an approved test provided by an approved private provider.

Day 8 tests: general test requirements N.I.

7.  For the purposes of regulation 8(11), a day 8 test complies with this paragraph where— N.I.

(a) it is a test provided by a public provider, or

(b) it is an approved test provided by an approved private provider.

Required circumstances for undertaking a day 2 test or a day 8 test N.I.

8.—(1) The circumstances mentioned in regulation 8(11) are as follows. N.I.

(2) In relation to—

(a) a day 2 test, P undertakes the test no later than the end of the second day after the day on which P arrived in Northern Ireland,

(b) a day 8 test, P undertakes the test no earlier than the end of the seventh day after the day on which P arrived in Northern Ireland.

(3) Subject to sub-paragraph (4), at the time the test is booked P notifies the test provider that P is to undertake the test under these Regulations and provides the test provider with—

(a) the information set out in sub-paragraph (6),

(b) P's home address,

(c) where P is a green list arrival, the address or addresses where they intend to stay during the period of 10 days beginning on the day after the date of their arrival in the United Kingdom,

(d) where P is an amber list arrival, the address or addresses at which they intend to self-isolate, or are self-isolating, in accordance with regulations 10 to 13 (if different from their home address),

(e) where P is a red list arrival, the address of the accommodation where they are complying with managed isolation in accordance with Schedule 7.

(4) Where P is a child, or a person with a disability who is unable for that reason to provide the notification and information set out in this paragraph to the test provider—

(a) the notification and information set out in this paragraph, other than the information in sub-paragraph (6)(j) and (k), is provided to the test provider on P's behalf by another person (Y), and

(b) either the information set out in sub-paragraph (6)(j) and (k) is provided by Y to the test provider or, where appropriate, Y provides their own email address and telephone number to the test provider.

(5) At the time F6 ... the test is booked, the test provider gives P a test reference number and, where appropriate also provides that test reference number to Y.

(6) That information is, in relation to P—

(a) name,

(b) sex,

(c) date of birth,

(d) NHS number (if known and applicable)

(e) ethnicity,

(f) date of arrival in the United Kingdom,

(g) coach number, flight number or vessel name (as appropriate),

(h) date on which P last departed or transited through an amber or red list country,

(i) the country or territory P was travelling from when P arrived in the United Kingdom, and any country or territory P transited through as part of that journey,

(j) email address,

(k) telephone number,

(l) passport number, or travel document reference number (as appropriate).

Textual Amendments

F6 Words in Sch. 6 para. 8(5) omitted (1.10.2021) by virtue of The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 6) Regulations (Northern Ireland) 2021 (S.R. 2021/262), regs. 1(3), 9(c)

Notification of test results (approved private providers) N.I.

9.—(1) This paragraph applies to an approved private provider who administers or provides a test to P in the circumstances described in paragraph 8. N.I.

(2) The approved private provider must, within 24 hours of the result becoming available—

(a) notify P, or where paragraph 8(4) applies, Y, by email, letter or text message, of the result of P's test, or

(b) make P's test result available to P, or where paragraph 8(4) applies, to Y via a secure web portal,

in accordance with sub-paragraph (3).

(3) The notification of P's result must include P's name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the test provider and P's test reference number, and must be conveyed using one of the following forms of words, as appropriate—F7 F8

(4) See also paragraphs 11(4) and (5) of Schedule 2C to the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 M1 for additional requirements imposed upon approved private providers in respect of notifications to [F9 the United Kingdom Health Security Agency] arising out of tests.

Textual Amendments

F7 Sch. 6 para. 9(3) Form A: words “If you have travelled from an amber list country and are within the fully vaccinated traveller exempt category you are not required to quarantine or take a day 8 test” inserted after the words “If you took the test on day 8, you may stop isolating when you have completed your 10 day isolation period.” (19.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 2) Regulations (Northern Ireland) 2021 (S.R. 2021/213), regs. 1(1), 8(a)

F8 Sch. 6 para. 9(3) Form B: words “, unless they are within the fully vaccinated traveller exempt category.” inserted after the words “People you are travelling (or have travelled) with must still take a day 8 test” (19.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 2) Regulations (Northern Ireland) 2021 (S.R. 2021/213), regs. 1(1), 8(b)

F9 Words in Sch. 6 para. 9(4) substituted (1.10.2021) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 6) Regulations (Northern Ireland) 2021 (S.R. 2021/262), regs. 1(3), 9(d)

Marginal Citations

M1 SI 2020/568. Schedule 2C inserted by SI 2021/150 and amended by SI 2021/223

Charge for day 2 tests and day 8 tests N.I.

10.—(1) The Department or a person designated by the Department may impose a charge in respect of mandatory tests provided by a public provider. N.I.

(2) The Department—

(a) must publish details of the charges in such manner as the Department considers appropriate, and

(b) may recover any sum owed by a person in accordance to such a charge as a debt.

Modification of self-isolation provisions for green list arrivals with a positive test result N.I.

11.—(1) This paragraph applies where a green list arrival (P) is obliged, under paragraph 3(3) or 5(2)(a) to enter into and remain in self-isolation. N.I.

(2) Regulations 10 to 13 apply to P as they apply to amber list arrivals, with the modification that regulation 10(3) applies as if it required P to travel directly to the place where they are to self-isolate without specifying the period for which they must self-isolate.

Approval of private providers and private tests N.I.

[F10 12.   The Secretary of State for Health and Social Care has published details of approved private providers and approved private tests at https://www.find-travel-test-provider.service.gov.uk/test-type/amber.] N.I.

Textual Amendments

F10 Sch. 6 para. 12 substituted (30.8.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (2021 Consolidation) (Amendment No. 6) Regulations (Northern Ireland) 2021 (S.R. 2021/241), regs. 1(1), 7(3)