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

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Regulation 8

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

This schedule has no associated Explanatory Memorandum

InterpretationN.I.

1.—(1) In this Schedule—N.I.

F1...

F2...

F3...

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

F4...

[F5private provider” means a test provider other than a public provider”,]

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)

F6...

(b)

F7...

(c)

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

[F8“the United Kingdom Health Security Agency” means the executive agency of that name of the Department of Health and Social Care;]

[F9(1A) For the purposes of this Schedule, —

F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a PCR test is a test which satisfies the requirements of paragraph 6(2) of Schedule 8 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (general requirements for polymerase chain reaction tests).]

(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

Requirement to isolate on failure to take a mandatory test (red list F11... arrivals)N.I.

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

(a)red list arrivals,

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) [F13Subject 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.

Requirement to isolate on failure to take a mandatory test ([F14eligible non-red] list arrivals)N.I.

F153.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Consequences of test results (red list F16... arrivals)N.I.

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

(a)red list arrivals,

F17(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) [F18Where 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 [F19the 10th day after the day on which P arrived in the common travel area],

(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 [F20the 10th day after the day on which P arrived in the common travel area],

(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).

[F21Consequences of test results (non-eligible non-red list arrivals)N.I.

4A.(1) This paragraph applies in respect of non-eligible non-red list arrivals.N.I.

(2) The Department may issue guidance, and amend or extend existing guidance, on the course of action to be followed in consequence of a test result.

(3) The power under sub-paragraph (2) is without prejudice to any other power of the Department to issue guidance in respect of coronavirus.]

Consequences of test results ([F22eligible non-red] list arrivals)N.I.

F235.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

[F24Confirmatory PCR test for eligible non-red list arrivals following the original day 2 LFD test]N.I.

F255A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

[F26Day 2 tests: general requirementsN.I.

6.(1) 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—

(i)a public provider, or

(ii)a private provider, and

(b)it is a PCR test F27....

F28(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a PCR test has been provided by a private provider, sub-paragraph (1) is not satisfied unless the requirements of paragraph 7 of Schedule 8 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (private provider requirements for PCR tests) have been complied with.]

Day 8 tests: general test requirementsN.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 [F29a test provided by a private provider].

Required circumstances for undertaking a day 2 test or a day 8 testN.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 [F30in accordance with the manufacturer’s instructions for use] no later than the end of the second day after the day on which P arrived in Northern Ireland F31...,

(b)a day 8 test, P undertakes the test [F32in accordance with the manufacturer’s instructions for use] no earlier than the end of the seventh day after the day on which P arrived in Northern Ireland.

[F33(3) Subject to [F34sub-paragraph (4)], at the time the test is booked P provides the test provider with the following information—

(a)notification that P is to undertake the test under these Regulations;

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

(c)P’s home address and where P is—

F35(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)a non-eligible non-red list arrival, the address or addresses at which they intend [F36to stay during the period of 10 days beginning on the day after the date of their arrival in the United Kingdom (if different from their home address)]; or

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

F37(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F39(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F41... the test is booked, the test provider gives P a [F42separate test reference number in respect of each test to be provided to P] 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 [F43a] 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

[F44Notification of test results: PCR tests]N.I.

9.—(1) This paragraph applies to [F45a private provider] who administers or provides a test F46... to P in the circumstances described in paragraph 8.N.I.

(2) The F47... 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—

[F48Form A: negative test result

Your coronavirus (COVID-19) test result is negative. It’s likely you were not infectious when the test was done.

[F49You should self-isolate] if you get symptoms of coronavirus (COVID-19) – get an NHS coronavirus (COVID-19) test from www.gov.uk/get-coronavirus-test and self-isolate until you get the results.

For advice on when you might need to self-isolate and what to do, go to https://www.nidirect.gov.uk/articles/coronavirus-covid-19-self-isolating-and-close-contacts.

Form B: positive test result

Your coronavirus test result is positive. This means you probably have the virus. You should self-isolate.

For more information on self-isolating as an international arrival, go to [F50https://www.nidirect.gov.uk/articles/coronavirus-covid-19-travelling-northern-ireland-if-youre-not-fully-vaccinated].

You may be contacted for contact tracing and to check that you are self-isolating.

You should not travel, including to leave the UK, during self-isolation.

Contact 111 if you need medical help. In an emergency dial 999.

Form C: unclear test result

Your coronavirus test result is unclear. It is not possible to say if you had the virus when the test was done.

You should take another test or self-isolate for 10 days from the day after your test date.

You may be contacted to check that you are self-isolating.]

[F51(4) See also paragraph 7 of Schedule 8 and paragraph 3(1) of Schedule 10 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 for additional requirements imposed upon approved private providers in respect of notifications to the United Kingdom Health Security Agency arising out of tests.]

Textual Amendments

[F52Notification of test results: lateral flow device tests]N.I.

9A.  F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

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

10.—(1) The Department or a person designated by the Department may impose a charge in respect of [F54any test provided in accordance with this Schedule] 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.

[F55Modification of self-isolation provisions for eligible non-red list arrivals with a positive test]N.I.

F5611.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

[F57Private providersN.I.

12.  The Secretary of State for Health and Social Care has published details of private providers at https://www.gov.uk/government/publications/list-of-private-providers-of-coronavirus-testing/list-of-private-providers-of-coronavirus-testing]N.I.

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