The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment) Regulations (Northern Ireland) 2022

Enforcement and information sharing of new requirements for eligible non-red list arrivals to book and undertake day 2 test

7.—(1) In regulation 23(1), after sub-paragraph (c) insert—

“(caa) without reasonable excuse contravenes a requirement in paragraph 5A(2) of Schedule 6,”.

(2) After regulation 25, insert—

“Reasonable excuses: contravention of paragraph 5A(2) of Schedule 6

25AA.   For the purposes of regulation 23(1)(caa), reasonable excuses for contravening paragraph 5A(2) of Schedule 6 include, in particular, where—

(a) it is not reasonably practicable for a person to undertake a test due to a disability,

(b) a person requires medical treatment with such urgency that undertaking a test is not reasonably practicable,

(c) a test is cancelled for reasons beyond the person’s control,

(d) the person sought the test, but the test did not arrive.”.

(3) In regulation 27—

(a) at the end of paragraph (14) insert—

“(f) in the case of a fixed penalty notice issued in respect of a failure to undertake a test in accordance with paragraph 5A(2) of Schedule 6, £1,000,

(g) in the case of the second fixed penalty notice issued in respect of a failure to undertake a test in accordance with paragraph 5A(2) of Schedule 6, £2,000.”.

(b) in paragraph (15) after “regulation 23(1)(c)” insert “or regulation 23(1)(caa)”.

(4) In regulation 34(2)—

(a) in sub-paragraph (d) after “paragraph (3)” insert “, (3C), (3D)”,

(b) in sub-paragraph (f) after “under regulation 8 has been sequenced” insert “a sample taken under a confirmatory PCR test under paragraph 5A of Schedule 6 has been sequenced, “.