The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 2) Regulations (Northern Ireland) 2022

PART 2 N.I.

Amendment of the Principal Regulations N.I.

Amendment of the principal Regulations N.I.

3.  The principal Regulations are amended in accordance with this Part.

Commencement Information

I1 Reg. 3 in operation at 11.2.2022 at 4.00 a.m., see reg. 1(4)

Extension of time for requirement to provide passenger information N.I.

F1 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 4 revoked (13.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 3) Regulations (Northern Ireland) 2022 (revoked) 2022 (S.R. 2022/46), regs. 1(3), 4(3) (with reg. 1(4))

Amendment of requirement to provide passenger information N.I.

5.  Schedule 3 (Passenger information) is amended as follows—

(a) in paragraph 1—

(i) omit sub-paragraph (b),

(ii) after sub-paragraph (c) insert—

“(ca) nationality,

(cb) travel document type,”,

(b) omit paragraph 7,

(c) in paragraph 8(b), for “paragraph 6(5)” substitute “paragraph 8(5)”.

Commencement Information

I2 Reg. 5(a) in operation at 16.2.2022 at 4.00 a.m., see reg. 1(2)

I3 Reg. 5(b)(c) in operation at 11.2.2022 at 4.00 a.m., see reg. 1(4)

Removal of requirement for eligible non-red list arrival to book and undertake tests N.I.

6.—(1) Regulation 8 (requirement to book and undertake tests) is amended as follows—

(a) in paragraph (1)(aa) for “a non-red list arrival” substitute “a non-eligible non-red list arrival”,

(b) in paragraph (11), in the definition of “testing package”, omit sub-paragraph (b).

(2) Omit regulation 23(1)(caa) (contravention of paragraph 5A(2) of Schedule 6).

(3) Omit regulation 25AA (contravention of paragraph 5A(2) of Schedule 6).

(4) Omit regulation 27(14)(f) and (g) (fixed penalty notice for contravention of paragraph 5A(2) of Schedule 6).

(5) Schedule 6 (requirement to book and undertake tests (mandatory testing after arriving in Northern Ireland)) is amended as follows—

(a) in paragraph 1—

(i) in sub-paragraph (1), in the definition of “relevant isolation provisions”, omit sub-paragraph (a),

(ii) omit sub-paragraph (1A)(a),

(b) omit paragraph 3,

(c) omit paragraph 5,

(d) omit paragraph 5A,

(e) in paragraph 6—

(i) in sub-paragraph (1)(b) omit “, or in the case of an eligible non-red list arrival, a LFD test”,

(ii) omit sub-paragraph (2),

(f) in paragraph 8—

(i) omit sub-paragraph (3)(c)(i),

(ii) omit sub-paragraph (3C),

(iii) omit sub-paragraph (3D),

(g) in paragraph 9(1), omit “, other than a day 2 LFD test,”,

(h) omit paragraph 9A,

(i) omit paragraph 11.

Commencement Information

I4 Reg. 6 in operation at 11.2.2022 at 4.00 a.m., see reg. 1(4)

Relaxation of requirement for eligible non-red list arrival to book and undertake tests N.I.

7.—(1) Regulation 8 (requirement to book and undertake tests) is amended as follows—

(a) after paragraph (7) insert—

“(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.”,

(b) in paragraph (9), after “including” insert “, for red list arrivals,”,

(c) in paragraph (11), in the definition of testing package—

(i) in sub-paragraph (a) omit “, or a non-eligible non-red list arrival”,

(ii) after sub-paragraph (a) insert—

“(ab) in respect of a non-eligible non-red list arrival, a booking for a day 2 test”.

(2) Schedule 6 (requirement to book and undertake tests (mandatory testing after arrival in Northern Ireland)) is amended as follows—

(a) in paragraph 1(1), in the definition of “relevant isolation provisions”, omit sub-paragraph (b),

(b) in paragraph 2—

(i) in the heading, omit “and non-eligible non-red list”,

(ii) omit sub-paragraph (1)(b),

(c) in paragraph 4—

(i) in the heading, omit “and non-eligible non-red list”,

(ii) omit sub-paragraph (1)(b),

(d) after paragraph 4 insert—

“Consequences of test results (non-eligible non-red list arrivals)

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

(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.”.

(e) in paragraph 8(3)(c)(ii) for “to self-isolate, or are self-isolating, in accordance with regulations 10 to 13 (if different from their home address)” substitute “to 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)”,

(f) in paragraph 9(3), for the text from “Form A” to the end of sub-paragraph (3) substitute—

“Form A: negative test result

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

You should self-isolate again 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 https://www.nidirect.gov.uk/information-and-services/coronavirus-covid-19/travel-advice-and-guidance.

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.”

Commencement Information

I5 Reg. 7 in operation at 11.2.2022 at 4.00 a.m., see reg. 1(4)

Removal of requirement for non-eligible non-red list arrival to self-isolate N.I.

8.—(1) In regulation 2(1), in the definition of “isolation”, in sub-paragraph (a), omit “regulations 10 to 13, and”.

(2) Omit regulations 10 to 13 (obligation to self-isolate).

(3) Omit regulation 23(1)(d) (offence of failing to self-isolate).

(4) In regulation 27 (amount of fixed penalty)—

(a) in paragraph (3)(b), omit “regulations 10 to 13, or”,

(b) in paragraph (5), omit sub-paragraph (b) and the “or” immediately preceding it,

(c) in paragraph (15), omit “or regulation 23(1)(caa)”.

Commencement Information

I6 Reg. 8 in operation at 11.2.2022 at 4.00 a.m., see reg. 1(4)

Relaxation of requirements for workforce testing N.I.

9.—(1) Regulation 9A (requirement to undertake workforce tests) is amended as follows—

(a) for paragraph (1) substitute—

“(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.”,

(b) for paragraph (3) substitute—

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

(c) in paragraph (5), omit sub-paragraphs (b) and (c),

(d) in paragraph (9), omit sub-paragraphs (d) and (e).

(2) Schedule 6A is amended as follows—

(a) omit paragraph 1,

(b) in paragraph 2—

(i) omit sub-paragraph (1)(b) and the “and” immediately preceding it,

(ii) for sub-paragraphs (2) and (3) substitute—

“(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.”,

(iii) omit sub-paragraph (5),

(c) omit paragraphs 4 and 5.

Commencement Information

I7 Reg. 9 in operation at 11.2.2022 at 4.00 a.m., see reg. 1(4)

Updates to relevant countries lists for eligible arrivals N.I.

10.—(1) Schedule 2B is amended as follows.

(2) In paragraph 10A insert entries in the appropriate places for—

“Cape Verde

El Salvador

Togo”.

(3) In paragraph 10A insert entries in the appropriate places for—

“Georgia

Lebanon

Moldova

Montenegro

New Zealand

Serbia

Singapore

Taiwan

Thailand

Tunisia

United Arab Emirates

Uruguay”.

(4) In paragraph 12 insert entries in the appropriate places for—

“Algeria

China

Guatemala

Iran

Kazakhstan

Kyrgyzstan

Macau SAR

Mexico

Sao Tome and Principe

South Sudan

Timor-Leste

Tonga

Turkmenistan”.

(5) In paragraph 12, omit the following entries—

Albania

Armenia

Israel

Morocco

North Macedonia

Panama

Turkey

Ukraine

Georgia

Lebanon

Moldova

Montenegro

New Zealand

Serbia

Singapore

Taiwan

Thailand

Tunisia

United Arab Emirates

Uruguay.

(6) Regulation 1 sets out different commencement dates for the different paragraphs of this regulation.

Commencement Information

I8 Reg. 10(1)(2)(4) in operation at 11.2.2022 at 4.00 a.m., see reg. 1(4)

I9 Reg. 10(3) in operation at 28.2.2022 at 4.00 a.m., see reg. 1(3)

I10 Reg. 10(5) in operation at 28.2.2022 at 4.00 a.m., see reg. 1(3)